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HomeMy WebLinkAboutR-2019-035 Washington Fruit Community Center Operation and Maintenance Agreement with Yakima Police Activities LeagueA RESOLUTION RESOLUTION NO. R-2019-035 authorizing the City Manager to execute the Washington Fruit & Produce Community Center Operation and Maintenance Agreement with Yakima Police Activities League (YPAL) WHEREAS, the City owns the Washington Fruit and Produce Community Center (WFCC) and desires that the WFCC be managed, operated, and maintained as a neighborhood facility in order to meet the needs and desires of the neighboring community, youth, the poor and the disadvantaged; and WHEREAS, the City does not have the staff levels necessary to provide management services needs to enter into a management operating agreement with a third party, and has worked with YPAL for years on management and programming at WFCC; and WHEREAS, the City wishes to continue its relationship with YPAL and have YPAL continue managing and operating the WFCC for the benefit of the City of Yakima and its residents; and WHEREAS, both parties wish to enter into a new site use contract for the operation, management and maintenance of the WFCC; and WHEREAS, such use will include programming for youth at the WFCC; and WHEREAS, the City Council of the City of Yakima finds it to be in the best interest of the City and its residents to direct the City Manager to execute the attached site use contract with YPAL for the operation, management, and maintenance of the WFCC; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Council authorizes and directs the City Manager to execute the attached Site Use and Management Contract with Yakima Police Activities League for the operation, management, and maintenance of the Washington Fruit and Produce Community Center, which is located at 602 North 4th Street in Yakima, Washington, which supersedes the Site Use Contract dated December 3, 2013. ADOPTED BY THE CITY COUNCIL this 19th day of March, 2019. Ka.th Coffe ATTEST: SonyClaar'`e, City Clerk OPERATION AND MAINTENANCE AGREEMENT THIS CONTRACT is made and entered into by and between the City of Yakima, a Washington municipal corporation (hereinafter the "City") and Yakima Police Activities League, a Washington non-profit corporation (hereinafter "YPAL"). In consideration of the mutual covenants contained herein, the parties agree to the terms and conditions herein. 1. Community Center Prorterty The City is the owner of the Washington Fruit and Produce Community Center (hereinafter "WFCC") which is located within the City of Yakima at 602 North 4th Street, Yakima, Washington, 98901, and which is located on land legally described as follows: Lots 1 and 2, Block 64, Town of North Yakima, now Yakima, as recorded in Volume "E" of Plats, Page 1, records of Yakima County, Washington; TOGETHER WITH the vacated right-of-way for East "F" Street. This legal description encompasses Miller Park. The WFCC is located on the Miller Park property, but does not encompass the entire property. This Lease, Site Use, and Management contract only applies to the particular buildings and accessory facilities as specifically stated herein. It does not apply to Miller Park as a whole. A map of the facility location is attached as Exhibit 1. 2. General Management and Responsibilities of'MA 2.1 YPAL shall manage, operate and maintain WFCC consistent with City policies and with the general concepts of community centers in order to meet the needs of the residents, including, but not limited to, the poor and disadvantaged, particularly in the areas of health, education, employment, welfare, recreation, youth programming, and other such areas as are consistent with this Contract and the general uses of a non-profit neighborhood facility. Additionally, YPAL's Proposal, attached to the Site Use Contract dated December 3, 2013, including all of YPAL's representations, conditions and obligations submitted to the City therein, in order to obtain award of this Agreement, is incorporated herein by this reference and attached hereto as Exhibit 2. 2.2 At a minimum, YPAL shall keep WFCC open to serve the public between the hours of 3:00 p.m. and 7:00 p.m., Monday through Friday of each week; provided, however, that WFCC may be closed on legal holidays, due to inclement weather or other reason deemed necessary by YPAL. YPAL, at its option, may also keep WFCC open to serve the public during daytime hours and weekends. 2.3 The services provided for herein shall be performed by YPAL, and no person other than Board of Directors members, regular employees of YPAL, or authorized volunteers of YPAL shall be engaged in such work or services outlined herein. 2.4 All YPAL activities at WFCC shall be supervised by an employee of YPAL or an authorized volunteer. 2.5 It is contemplated by both YPAL and the City that YPAL will seek funding and donations to support its programming outside of any funding obtained from the City. 2.6 YPAL shall maintain WFCC as a drug free workplace, pursuant to the Drug -Free Workplace Act of 1988 and 34 CFR, Part 85, section 85.605 and 85.610. YPAL shall not permit any tenant and/or other party to possess and/or consume any illegal drugs at WFCC or within the area surrounding WFCC as described herein, during the term of this Contract. 2.7 YPAL shall not permit any tenant or other party to possess and/or consume any intoxicating liquor, beer and/or similar beverage/substance, or marijuana/cannabis or cannabis products at the Center and the surrounding property as legally described herein during the term of this Contract. 2.8 YPAL shall comply, and shall ensure that the tenants comply, with the maximum occupancy levels as set forth in the Yakima Municipal Code and by the City of Yakima Fire Marshall, in accordance with federal, state, and/or local laws and regulations. 2.9 YPAL shall provide the following, as may be required to perform the services provided for and described in accordance with this Contract: Board of Directors oversight, personnel, labor and supervision, technical, professional, and/or other services. 3. Term Unless terminated in accordance with this Contract, the term of this Contract shall be for a period of five (5) years, commencing on the date both parties have signed this Contract, and terminating at midnight, December 31, 2023, provided, however, that YPAL may, at its option, extend this Contract for two additional five-year terms by giving the City written notice of its intent to extend the term no later than ninety (90) days prior to the end of the current five-year period in order to continue the term for an additional five-year period. In the event YPAL fails to exercise its option to extend this Contract for additional terms, this Contract shall automatically terminate at the end of the term. If the City determines that YPAL has not fulfilled its obligations under the Contract, it can deny the extension of this Contract. 4. Maintenance YPAL shall keep the interior of WFCC 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 YPAL alone excepted. YPAL shall maintain and repair the doors, windows, and all interior walls and fixtures of WFCC. The City shall provide janitorial services a minimum of two times per week. The City shall also conduct routine maintenance. Damage caused by YPAL and/or its clients, agents, volunteers, or employees, will be the responsibility of YPAL. YPAL shall remove sidewalk snow and ice on walkways leading to and from WFCC, as well as adjacent sidewalks, and keep the sidewalks clear of obstructions. YPAL and the City will continue to work together to ensure that the community center and adjacent park are maintained for residents' use and enjoyment. 5. Program Services YPAL Services will, in general, focus on health and wellness issues of low income and disadvantaged persons in the northeast area of Yakima, and will focus on services for youth. Examples of programs include mentoring programs for middle school use, literacy, sports and recreation, job training, tutoring and educational programming (such as STEM focused programming). The City shall not be responsible for providing any equipment or supplies which are necessary for programs or services offered by YPAL, unless otherwise reimbursable under this Contract. For the year 2019, the City Council has budgeted up to $30,000.00 for program services. The City makes no representation or promise of future funding for program services. Disbursements for program services shall be in accordance with Section 9 of this Contract, below. S. City Funding The City shall not be required to reimburse YPAL for any of the costs of operation, maintenance or capital improvements, except as otherwise provided in this Contract and to the extent that funds are appropriated by the City Council and specifically approved for disbursement by the Public Works Department. Such appropriations involve the legislative prerogative of the City Council, and no assurances are given that appropriated funds are available in any particular year. Except as otherwise provided for in this Contract, YPAL agrees to perform the services specified in this Contract in consideration of the community action benefits derived herein, and the use of WFCC. The City shall have no obligation to pay YPAL for said services. Funding may be allocated on a year -by -year basis during the regular budget process. Funding amounts allocated in 2019 do not carry over to 2020. The City makes no representation or promise of future funding. 7. Maintenance Costs Associated with WFCC. The City is responsible for the general maintenance of WFCC as outlined herein. The City will conduct the following maintenance at the WFCC, as long as the maintenance needs are not due to the intentional or negligent acts of YPAL and/or its clients: HVAC checks and maintenance Maintenance and replacement of exterior locks Plumbing, mechanical and electrical systems Interior floors, walls and structural matters Exterior structure and roof Janitorial services twice per week (including supplies) YPAL and the City will work together to ensure the building is properly maintained. Any damage caused by YPAL or its clients, or due to the intentional or negligent actions of YPAL, its officers, directors, agents, employees, volunteers or clients is the sole responsibility of YPAL. Maintenance costs will also include the janitorial supplies deemed necessary by the City for its janitorial work. Maintenance costs do not include items such as paper towels, napkins, toilet paper, hand soap, or other items generally not used for the cleaning of the WFCC. 8. Capital Facilities Expenditures The City and YPAL will work together to formulate a prioritized list of capital facility projects recommended for completion. Examples of capital projects include, but are not limited to: Improvement to the exterior structure of WFCC Replacement or improvements to the locking systems. HVAC system replacement Mechanical system replacements Roof repairs and/or replacement Replacement of kitchen and/or bathroom appliances and/or fixtures Major renovations to WFCC ADA compliance measures Environmental safety compliance All capital facilities improvements will be determined by the City and spending will be administered by the City of Yakima as funds are made available. The City makes no representation or promise of future funding or that any or all capital projects will be completed during the term of this Contract. Further, capital improvement decisions may also be subject to the facility improvement agreement entered into with Washington Fruit and Produce Company under Resolution 2015-018. 9. Payments and Disbursements Disbursements by the City from this Contract shall be on a reimbursement basis covering actual expenditure by YPAL or obligations of YPAL currently due and owing, but not paid. YPAL will provide monthly, but not less than quarterly, reimbursement requests and invoices to the City and specify on such requests the activities performed. 10. Alterations, Modifications and Capital Improvements YPAL shall make no alteration, modification, and/or capital improvement to WFCC, or surrounding property, without the prior written consent of the City. Capital improvement projects must be agreed to by the City and the City and YPAL will work together to address capital improvements to WFCC. Any alterations, modifications, and/or capital improvements not funded by the City shall be at the sole expense and cost of YPAL. 11. Personal Prone YPAL shall be responsible for the possession, use, and maintenance of all personal property (including personal property of the City) located at WFCC and shall take all reasonable steps to ensure that such personal property is not removed from WFCC. An inventory of the City's personal property is attached hereto as Exhibit 3 and fully incorporated herein. 12. Recruitment of TenantsI 6 Asa y , I-case/License Ag meats. and Revenue 12.1 YPAL is responsible for the recruitment of WFCC tenants, licensees, service providers and partners. 12.2 All leases with tenants for a term of six (6) months or more in duration for space at WFCC must be in writing and approved by the City Manager or his/her authorized designee. Short term license agreements and leases having a duration of Tess than six (6) months will not require approval by the City Manager. All leases and license agreements shall be executed and performed in compliance with all applicable federal, state, and local laws and ordinances. Within thirty (30) days after the execution thereof, YPAL shall provide the City with written copies of all lease and license agreements for space at WFCC. 12.3 Every lease or license agreement shall contain a provision requiring tenant or licensee to pay the full amount of leasehold excise tax, if applicable, in accordance with the requirements of RCW 82.29A, as now or hereafter amended. It shall be the affirmative responsibility of YPAL to collect the leasehold excise tax, if applicable, from all tenants, and to remit said taxes to the City Department of Finance on a monthly basis. 12.4 All payments and revenue received from WFCC leases and license agreements shall be handled and controlled by YPAL for operational expenses and management of WFCC. YPAL shall provide the City with a written financial report, on at least an annual basis, showing the amount of lease and license revenue received from all sources. All of YPAL's lease and license revenue information shall be compiled and maintained in accordance with generally accepted accounting principles. 12.5 Unless otherwise authorized by the City Manager, YPAL shall require that all tenants of WFCC maintain and provide proof of liability insurance coverage in accordance with Section 20 of this Contract, including, but not limited to the same level of coverage. The policy shall name the City, its elected and appointed officials, officers, agents, employees and volunteers as additional insureds. 13. Utilities The City will continue to pay reasonable utilities fees associated with the WFCC. YPAL is encouraged to engage in conservation measures, which include, but are not limited to, turning down the heat or air when leaving the building for the evening, and other cost -saving measures that are requested by the City. 14. Taxes and Assessments YPAL shall be solely responsible for compensating its employees and for paying all related taxes, deductions and assessments, including but not limited to federal income tax, FICA, social security tax, assessments for unemployment and industrial injury, and other deductions from income which may be required by law or assessed against either party as a result of this Contract. In the event the City is assessed a tax or assessment as a result of this Contract, YPAL shall pay the same before it becomes due. 15. jndepqrldent Contract° Status ul YPAL and the City understand and expressly agree that YPAL is an independent contractor in the performance of each and every part of this Contract. YPAL expressly represents, warrants and agrees that its status as an independent contractor in the performance of the work and services required under this Contract is consistent with and meets the six part independent contractor test set forth in RCW 51.08.195. YPAL, as an independent contractor, assumes the entire responsibility for carrying out and completing the work and/or services required under this Contract. YPAL shall be responsible for ensuring that all employees, agents and subcontractors are licensed and authorized to operate the equipment necessary to perform this Contract, with all required fees and permits paid and in good standing, in accordance with law. YPAL and its employees shall make no claim of City employment nor shall claim against the City any related employment benefits, social security, and/or retirement benefits. Nothing contained herein shall be interpreted as creating a relationship of servant, employee, partnership or agency between YPAL or any YPAL officer, employee or agent, and the City. 16. Maintenance and Retention of Records 16.1 YPAL shall maintain (in accordance with generally accepted accounting practices) books, accounts, records, documents and other materials related directly or indirectly to the costs, expenses and revenues of the management, operation and maintenance of WFCC under this Contract. All such books, accounts, records, documents and other materials shall be subject to inspection and audit at reasonable times by representatives of the City. YPAL shall make such books, accounts, records, documents and other materials available and afford the proper facilities for such inspection and/or audit within forty-eight (48) hours of inspection/audit notification from the City. Such books, accounts, records, documents and other materials may be copied by representatives of the City as part of such inspection/audit. However, the making of (or failure or delay in making) such inspection or approval shall not relieve YPAL of responsibility for performance of this Contract, notwithstanding the City's knowledge of defective or non -complying performance, its substantiality or the ease of its discovery. YPAL shall preserve and make available all such books, accounts, records, documents and other materials for a period of at least six (6) years after termination of this Contract. 16.2 YPAL shall promptly furnish the City with such information related to services and/or work performed pursuant to this Contract as may be requested. Until the expiration of six (6) years after termination of this Contract, or for a longer period if required by law or by the Washington State Secretary of State's record retention schedule, YPAL shall provide the City access to (and the City shall have the right to examine, audit and copy) all of YPAL's books, documents, papers and records which are related to the services and work performed under this Contract. 16.3 The City is required by law to comply with the Washington State Public Records Act (PRA), Chapter 42.56 RCW. All records relating to YPAL's services under this Contract must be made available to the City, and also produced to third parties, if required, pursuant to the PRA or by law. All determinations of records subject to release under the PRA, or otherwise required by law, shall be at the sole discretion of the City. This Contract and all public documents associated with this Contract shall be available to the City for inspection and copying by the public where required by the PRA or other law, to the extent that public records in the custody of YPAL are needed for the City to respond to a request under the PRA, as determined by the City. If YPAL considers any portion of any records provided to the City under this Contract, whether in electronic or hard copy form, to be protected from disclosure under law, YPAL shall clearly identify any specific information that it claims to be confidential or proprietary. If the City receives a request under the PRA to inspect or copy the information so identified, and determines that the release of the information is required or otherwise appropriate, the City's sole obligation shall be to notify YPAL of the request and the date such information will be released to the requestor unless YPAL obtains a court order to enjoin the release, pursuant to RCW 42.56.450. If YPAL fails to timely obtain a court order enjoining disclosure, the City will release the requested information on the date specified. The City has, and by this section assumes, no obligation on behalf of YPAL to claim any exemption for disclosure under the PRA. The City shall not be liable to YPAL for releasing records not clearly identified by YPAL as confidential or proprietary. The City shall not be liable to YPAL for any records that the City releases in compliance with the PRA, this section, or in compliance with an order of a court of competent jurisdiction. 17. Andeasand Inspection of WFCC The City and its agents or designees shall have the right to enter and inspect the WFCC property at all reasonable times. City employees who may exercise such inspection rights include, but are not limited to, police officers, fire inspection personnel, and code enforcement personnel. If any inspection demonstrates, in the opinion of the inspector, clear and present danger to the public, WFCC, or those in attendance at WFCC, the inspector, the Fire Chief or the Police Chief or other appropriate City official/officer may order the event or activity concluded and WFCC vacated, at no risk or liability to the City, its public officers, officials, employees, agents and/or volunteers. YPAL shall not enter into any lease or license agreement respecting space in WFCC without incorporating into such lease or license agreement a provision that contains the language of this provision regarding the City's right of inspection and authority to order an event or activity concluded and to vacate WFCC. 18. Non -Profit Board The Board of Directors for YPAL shall continue throughout the term(s) of this Contract. One member of the City Council, chosen by the City Council, shall serve as an ex officio Board member, be invited to all Board meetings and functions, and be provided all Board documents that are not deemed confidential. The City Council should be periodically updated by a representative from YPAL at a City Council general business meeting. 19. Security 19.1 The City will provide and maintain a security system for WFCC and the surrounding property. 19.2 YPAL shall provide or by written agreement require subtenants to provide adequate security at all events held at WFCC. Such security shall include a minimum of one (1) uniformed security guard, licensed in accordance with RCW 18.170, as now or hereafter amended, for each fifty (50) persons in attendance. Security measures shall include monitoring of WFCC entrances, premises and parking Tots to prevent criminal activity and to ensure that persons who possess dangerous items, who display disruptive behavior and/or who are obviously under the influence of drugs or alcohol, do not enter or remain at WFCC or its surrounding property as legally described herein. 19.3 For all special events with an anticipated attendance of one hundred (100) or more persons, YPAL shall provide the City Police Chief with notice of the event, and if the event is being held by a subtenant, a copy of the applicable lease or license agreement no later than fifteen (15) days before the event. 20. Nondiscrimination Provision 20.1 During the performance of this Contract, YPAL shall not discriminate in violation of any applicable federal, state and/or local law or regulation on the basis of race, age, color, sex, religion, national origin, creed, marital status, political affiliation, or the presence of any sensory, mental or physical handicap. 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 the services contemplated under this Contract. This non-discrimination provision shall include but not be limited to the following: 20.1.1 The benefits or services provided by YPAL at WFCC; 20.1.2 The rules, regulations, and/or practices established by YPAL for use of WFCC; 20.1.3 All lease and license agreements entered into by YPAL with respect to space at WFCC; and 20.1.4 The employment practices of YPAL at WFCC 20.2 YPAL shall not enter into any lease or license agreement respecting space in WFCC without incorporated in such lease or license agreement provisions which will ensure that the use or occupancy of WFCC, in the provision of neighborhood services and other benefits, will be available without regard to race, age, creed, color, national origin, religion, sex, marital status, or the presence of any sensory, mental, or physical disability. YPAL shall also furnish all information, evidence, documents and reports required by the City to substantiate compliance with this non-discrimination clause, upon request. 21. indemnification and Hold Harmless 21.1 YPAL agrees to protect, defend, indemnify, and hold harmless, the City, its elected and appointed officials, officers, employees, agents, and volunteers from any and all claims, demands, losses, liens, liabilities, penalties, fines, lawsuits, administrative and other proceedings and all judgments, awards, losses, liabilities, damages (including punitive or exemplary damages), penalties, fines, costs and expenses (including attorneys' fees and disbursements) for, arising out of, or related to any actual or alleged death, injury, damage or destruction to any person or any property (including but not limited to any actual or alleged violations of civil rights) to the extent caused by, arising out of, or relating to any act and/or omission (whether intentional, willful, reckless, negligent, inadvertent or otherwise) resulting from, arising out of, or related to YPAL's, its officers, employees, agents, volunteers and/or subcontractors, actions, services, work or materials pursuant to this Contract. 21.2 YPAL specifically and expressly waives its immunity under industrial insurance, Title 51 RCW, or immunity under any other provision of law to the extent of the obligations assumed by the parties protected hereunder. YPAL and the City acknowledge and agree that this waiver was mutually negotiated. 21.3 All services rendered or performed under this Contract will be performed or rendered entirely at YPAL's own risk and YPAL expressly agrees to defend, indemnify and hold harmless the City and all of its officers, agents, employees and elected officials from any and all liability, Toss, fines, penalties or damages, including reasonable cost of defense, they may suffer as a result of claims, demands, actions, or damages to any and all persons or property, costs or judgments against the City which result from, arise out of, or are in any way connected with the services to be performed by YPAL under this Contract. 21.4 Nothing contained in this section or this Contract shall be construed to create a liability or a right of indemnification in any third party. 22. Insurance 22.1 At all times during performance of the services in this Contract, YPAL shall secure and maintain in effect insurance to protect the City and YPAL from and against all claims, damages, losses, and expenses arising out of or resulting from the performance of this Contract. YPAL shall provide and maintain in force insurance in limits no Tess 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 City or the public. 22.2 Commercial Liability Insurance. Before this Contract is fully executed by the parties, YPAL shall provide the City with a certificate of insurance as proof of commercial liability insurance and commercial umbrella liability insurance with a total minimum liability limit of Two Million Dollars ($2,000,000.00) per occurrence combined single limit bodily injury and property damage, and Two Million Dollars ($2,000,000.00) general 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. Said policy shall be in effect during the duration of this Contract. The policy shall name the City, its elected and appointed officials, officers, agents, employees, 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 thirty (30) calendar days prior written notice (any language in the clause to the effect of "but failure to mail such notice shall impose no obligation or liability of any kind upon the company" shall be crossed out and initialed by the insurance agent). The insurance shall be with a n insurance company or companies rated A-VII or higher in Best's Guide and admitted in the State of Washington. 22.3 Commercial Automobile Liability Insurance. Before this Contract is fully executed by the parties, YPAL shall provide the City with a certificate of insurance as proof of commercial automobile liability insurance and commercial umbrella liability insurance with a total a minimum liability limit of Four Million Dollars ($4,000,000.00) per occurrence combined single limit bodily injury and property damage. Automobile liability will apply to "Any Auto" and include, but not be limited to, owned, non -owned and hired vehicles, and be shown on the certificate. 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. Said policy shall be in effect for the duration of this Contract. The policy shall name the City, its elected and appointed officials, officers, agents, employees, 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 thirty (30) calendar days prior written notice (any language in the clause to the effect of "but failure to mail such notice shall impose no obligation or liability of any kind upon the company" shall be crossed out and initialed by the insurance agent). 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. 22.4 Directors and Officers Liability Insurance. Before this Contract is fully executed by the parties, YPAL shall provide the City with a certificate of insurance as evidence of Directors and Officers Liability Insurance with coverage of at least One Million Dollars ($1,000,000.00) per occurrence and an annual aggregate limit of at least One Million Dollars ($1,000,000.00). The certificate shall clearly state who the provider is, the amount of coverage, the policy number, and when the policy and provisions provided are in effect. The insurance shall be with an insurance company rated A-VII or higher in Best's Guide. If the policy is on a claims made basis, the retroactive date of the insurance policy shall be on or before the inception date of this Contract, or shall provide full prior acts. The insurance coverage shall remain in effect during the term of this Contract and for a minimum of three (3) years following the termination of this Contract. 22.5 Property Insurance. The City shall maintain "special form" perils property insurance coverage on WFCC located at 602 North 4th Street, Yakima, Washington, and its contents in such amount as the City deems appropriate. YPAL shall have the responsibility of procuring "special form" perils property insurance on personal property and tenants' improvements and betterments owned by, or in the care, custody or control of YPAL. YPAL and the City hereby release and discharge each other from and against all liability arising either from fire loss or damage caused by any of the "special form" perils covered by insurance policies which are in force and effect at the time of such loss or damage, even though such loss or damage may be due to negligence, act or neglect of either YPAL or the City or agents or employees of either party. It is expressly understood and agreed that it is the intention of the parties that this provision constitutes a waiver and release of any and all subrogation rights which the insurance companies might have under such insurance policies. 22.6 Tenants Must Carry tv Insurance. YPAL shall require that all tenants of WFCC carry liability insurance in accordance with this section, as discussed in Section 10.5 of this Contract. 22.7 Workers' Compensatio YPAL agrees to pay all premiums provided for by the Workman's Compensation Act of the State of Washington. Evidence of YPAL's workers' compensation coverage will be furnished to the City. YPAL holds the City harmless for any injury or death to YPAL's employees while performing this Contract. 22.8 Insurance Provided by Subcontractors.YPAL shall ensure that all subcontractors it utilizes for work and/or services rendered under this Contract shall comply with all of the above insurance requirements. 22.9 City Does Not Provide Insurance for YPAL. It is understood that the City does not maintain any form of insurance for YPAL, its officers, employees, agents, instructors, volunteers, agents, and/or subcontractors. 23. Termination. 23.1 The City may, by giving YPAL sixty (60) calendar days written notice of termination, terminate this Contract as to all or any portion of the services or work not then performed, whether or not YPAL is in breach or default, and with or without cause. Upon receipt of any such notice of termination, YPAL shall, except as otherwise directed by the City, immediately stop performance of the services to the extent specified in the notice. YPAL shall have the same termination rights as the City as specified in this section. 23.2 In the event of termination pursuant to paragraph 21.1, an equitable adjustment shall be made in the compensation payable to YPAL under this Contract, provided that such compensation as so adjusted shall in no event exceed a percentage of the services satisfactorily completed at the time of termination. Further, YPAL shall not be entitled to any reallocation of cost, profit or overhead, YPAL shall not in any event be entitled to anticipated profit on services or work not performed on account of such termination. YPAL shall use its best efforts to minimize the compensation payable under this Contract in the event of such termination. 23.3 If the City purports to terminate or cancel all or any part of this Contract for YPAL's breach or default when YPAL is not in breach or default which would permit such termination or cancellation, such termination or cancellation shall be deemed to have been a termination by the City pursuant to paragraph 21.1 and the rights of the parties shall be determined accordingly. 23.4 This Contract may also be terminated in whole or in part by mutual agreement of the parties. 24. Conflict of Interest YPAL covenants that neither it, nor its officers, 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 Contract. YPAL further covenants that it will not recruit anyone or any entity having such a conflict of interest during the performance of this Contract. 25. Miscellaneous Provisions 25.1 Compliance with Applicable Laws. YPAL shall operate, maintain and manage WFCC in accordance with all applicable statutes, laws, regulations and ordinances. YPAL shall obtain all necessary permits required by law. YPAL shall not allow the use of WFCC for any unlawful purposes, nor shall it commit any waste on WFCC property or damage the same, nor permit waste or damage by others. 25.2 Assignment, This Contract, or any interest herein or claim hereunder, shall not be assigned or transferred in whole or in part by YPAL to any other person or entity without the prior written consent of the City. In the event that such prior written consent to an assignment is granted, then the assignee shall assume all duties, obligations and liabilities of YPAL stated herein. 25.3 Modification. Either party may request changes in this Contract, however, no change, modification, or alteration to this Contract shall be valid or binding upon either party unless such change or addition be in writing, and executed by both parties. 25.4 Integration. , This written document constitutes the entire agreement between the City and YPAL. There are no other oral or written Contracts between the parties as to the subjects covered herein. 25.5 Soverabirty, 25.5.1 If a court of competent jurisdiction holds any part, term or provision of this Contract to be illegal or invalid in whole or in part, the validity of the remaining provisions shall not be affected and the parties' rights and obligations shall be construed and enforced as if the Contract did not contain the particular provision held to be invalid. 25.5.2 If any provision of this Contract is in direct conflict with any statutory provision of the State of Washington, that provision which may conflict shall be deemed inoperative and null and void insofar as it may conflict and the Contract shall be deemed modified to conform to such statutory provision. 25.5.3 Should the City determine that the severed portions substantially alter this Contract so that the original intent and purpose of the Contract no longer exists, the City may, in its sole discretion, terminate this Contract, effective immediately upon notice of termination. 25.6 Non -Waiver of Breach. A waiver by either party hereto of a breach by the other party hereto of any covenant or condition of this Contract 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 Contract, 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. 25.7 Survival. Any provision of this Contract which imposes an obligation after termination or expiration of this Contract shall survive the term or expiration of this Contract and shall be binding on the parties to this Contract. 25.8 Governing Law and Venue: This Contract shall be governed by and construed in accordance with the laws of the State of Washington. The venue for any action to enforce or interpret this Contract shall lie in the Superior Court of Washington in Yakima County. 25.9 Notices__ . Unless stated otherwise herein, all notices and demands shall be in writing and sent to the parties at their addresses as follows: TO THE CITY: TO YPAL: Cliff Moore, City Manager City of Yakima Yakima City Hall 129 North Second Street Yakima, WA 98901 Ed Schoenbach, Board President Yakima Police Athletic League 602 North 4th Street Yakima, WA 98901 or to such other addresses as the parties may hereafter designate in writing. Notices and/or demands shall be sent by registered or certified mail, postage prepaid, or hand -delivered. Such notices shall be deemed effective when hand - delivered at the addresses specified above, or three (3) days after the date of mailing to the addresses specified above. CITY OF YAKIMA Cliff Date: CITY CONTRACT NO:; RESOLUTION NO: -` 5L YAKIMA POLICE ACTIVITIE EAGUE By: Its: wt Date: 02 1, Claar+tee, Cityt3icerk nyaA City Contract No• Resolution No.: -19, STATE OF WASHINGTON County of Yakima On this rZ day of t2yUr Ch 2019 1 wilily at I lvtiaw or have satisfactory evidence that -VA a/Ape h fry( is thef ix& tt-A cell+ (title of person) of Yakima Police Activities League ("YPAL") and acknowledged that they are authorized to execute the foregoing instrument for and on behalf of YPAL and said person acknowledged that they signed this instrument and acknowledged it on behalf of YPAL for the uses and purposes mentioned in the instrument. NoouryillAwo 4 ' 40O10At • NOTARy 'I' NOTARYCP L C in and f r Washingt6 residing at: tat of \ S PUBLIC My commission expires: V9 1.§ 'alfittr011111P`'''' 61,0Z `ZI, 40-1811 0 9, 3 a 3 '8 4 -4 8 EX4-1113IT EXHIBIT A TO SITE USE CONTRACT Various programs will be provided by the Yakima Police Athletic League ("YPAL"). The Yakima Police Athletic League is an independent, non-profit corporation committed to helping youth in the community. -Founded in 2003, YPAL also serves as a juvenile prevention program, to assist with long-term crime prevention. The YPAL will operate the Miller Park Activities Center ("Center"), and will offer a variety of youth services that are coordinated in a visible, accessible facility that is secure against crime and illegal drug activity. The YPAL programs will offer a place where youth can access needed services, develop relationships, and find opportunities to be productive and successful, and enhance skills. Through its visibility, proximity and program diversity for youth, YPAL will foster athletic, educational and social activities, thus fostering resistance to drugs, crime and other neighborhood problems. Yakima Gang Free Initiative (YGFI) service providers may also offer a variety of youth services at the Miller Park Activity Center in cooperation with the YGFI effort. The YPAL will work with the GFI service providers to coordinate use of the facility to ensure effective delivery of services. The YPAL will provide a variety of services and supportive programs, e.g., educational, athletic cultural, recreational and community -oriented programs, with emphasis on coordinated delivery of these services. The YPAL will be accessible to a wide range of youth from the community. The YPAL will provide youth with a safe place to go and find productive activities. The YPAL will be open outside of normal school hours. It should also be open on weekends and during summer vacations. The YPAL programs may be modified from time to time depending on the needs of the YPAL program and the interests of the youth that YPAL is serving. Examples of some current programs that will be provided by YPAL are listed below. Yakima PAL Programs GFI Outreach and Assessment for Families Two people will be providing outreach services, beginning 2014. A portion of this program is funded by Yakima City's GF1. These two employees will respond to requests from the community to reach out to high risk youth and family. Within 72 hours we have contacted parents, set up an interview, and if agreeable, the parents sign an authorization for evaluation and referral. Our outreach workers follow these youth through programs and intervention work including serving as members of the Youth Development Team, Life Skills Classes Youth are provided with an opportunity to attend a 13-week class that helps them to discover their communication skills, leadership, team playing, and to be positive influencers. These skills are a service at YPAL that is in -part funded by the City's GFI. Site Use Contract Between City of Yakima and Yakima Police Athletic League -15- EX1-1)1311- 2, Kids in the Kitchen This is a national program that provides life skills to YPAL members. It is funded and presented by Yakima's Junior League. This year 15 to 20 youth meet twice a month to evaluate nutrition, recipe reading, food preparation, and sharing a meal together with Junior League volunteers. Art Skills Youth between the ages of 6 and 18 are offered after school and summer classes taught by a professional artist. Three levels are available: Kids Art, ages 6-12 which offer the basics of drawing, color, and perspective. Teen art is offered to those youth who are 12 — 18 and also provides the basics as needed, but includes painting. Aerosol art is offered to students aged 12-18 who are interested in this specialized art style. Finally, YPAL holds Open Studio every Thursday after school and into the evening where students can work with the teacher on individual projects of interest. Achievers This is a leadership club, mentored by a volunteer/teacher, with student at the helm. The goal is to inspire young people to become "servant leaders" in their life's journey. This group does community service projects, serves meals at events, and other area locations. Boxing YPAL's boxing program is designed to provide mentoring for kids who can benefit from the discipline and mental exercises boxing provides. Kids often share how their confidence has grown in taking boxing and it has helped them in all areas of their lives. Wrestling YPAL's wresting is branded as Fury. It is a robust program for 5 -18 year olds. We limit the program to 50 participants due to the size of the facility. We usually hold sessions with coaches three or four times a week, and approximately 50% of the wrestlers bring home medals from out of town matches. We feel this is a great program to learn listening skills, respect, teamwork, and discipline. Scuba Working with the Yakima Dive Club, we offer a spring program of community service to youth whereby they participate in pond clean ups around the valley. When we have qualified youth (must be swimmers) we partner with the Dive Club for lessons and activities, including an annual barbeque. Friday Nights at PAL Friday night is an open night for youth and families to come together to share a meal, watch a movie, use the rec room or sit and chat. This is staffed by an outreach worker who uses this venue as a time to connect with kids and parents to track progress, identify gaps, and to observe in a casual setting how the child is interacting. Site Use Contract Between City of Yakima and Yakima Police Athletic League -16- SITE USE CONTRACT INVENTORY FOR WFCC Building 602 North 4 1h Street 3-6-19 Front office area: | medal four drawer file cabinets. 1-|eaga|medal two drawer file cabinets. 1'Standavdfour drawer file cabinets. 1'9'K8eda|desk with base units and modular wall partitions. 1-|argeoperator phone. 1'Connputerand monitor. 4'deskphnnes. 2'3'xG'white boards. l'3'xG'oak bookcase. 42"x72"light wood table and four chairs. 1-Micoxxaxe. 1'4'x4' shelf unit with doors. 2'4'round tables. 6-nmediunmtrash cans. AEDwall unit. Gym/Boxing area: Multimedia system DVD, VCR, floor sub base, AMP, Base Ceiling projector & screen. Z-nnedumntrash cans 2-large Rubber Maid trash cans with rolling bases. 1'3'x4'm/hite board. 1'3Ounit locker group. Custodial cleaning cart. Restroorns: 4-W1ediunnstandalone trash cans with lids. KitchenWantry: 1+mhitefreezer. 1'stain|essstee| two door commercial refrigerator. l'freestanding commercial popcorn popper. 1'comnmarcia|gas Wolf stove with four burner griddle and double ovens. 1-|argecounter griddle 3O"n4O". 1'countercommercial dish washer. 1'|argeYellow Rubber Maid trash can with rolling bases. 1O-48"uQ4"steel commercial she|finQunits. 1'nnopbucket, mop handle and head. Kitchen supplies inventoried by YPD in 2008: 9-pots 4-pitchers 7'coffeecontainers 7'yeUmxvcontainers 3'|ar0ecoffee holders 31-pepper shakers 32-sa|tshakera 3-stain|esssteel containers w/|ids 8's1ain|esssLee| lids 2-large ladies 1'knifeho|der 7-knifes 11'cVffeecups 47-greentrays 3-cutting boards 7-glass pitchers 97-coffeecups 69'eating trays 1I6-p|ates 25-snnaU plates 32-rnediunmbowls 31-onnaUbmvv|s 74'snnaUplastic cups 2'|argesteel pots with lids 2-medium pots with lid 1-small ladle 15'xvhbe baskets 3-green glass trays Misc. towels and kitchen utensils Any items attached mounted or fixed to the building i.e. fire extinguisher, light fixtures,ceiling fans, AMENDMENT TO OPERATION AND MAINTENANCE AGREEMENT BETWEEN THE CITY OF YAKIMA AND YAKIMA POLICE ACTIVITIES LEAGUE THIS AMENDMENT TO THE LEASE AGREEMENT is made and entered into by and between YAKIMA POLICE ACTIVITIES LEAGUE (YPAL), a non-profit corporation registered with the State of Washington ("YPAL") and THE CITY OF YAKIMA, a Washington municipal corporation ("City") WHEREAS, on March 19, 2019, the City and YPAL entered into a "Operation and Maintenance Agreement", City Contract No. 2019-052 ("Agreement"), whereby the City contracted with YPAL to operate and maintain, under the terms and conditions outlined therein, the Washington Fruit and Produce Community Center ("WFCC"), a City - owned building situated at Miller Park; and WHEREAS, YPAL has requested amendments to the Agreement to accommodate a change in insurance requirements, which reduces specific insurance levels to $1,000,000 per occurrence, but adds a $5 million dollar umbrella coverage policy; and WHEREAS, the City is willing to amend the Agreement as the insurance obtained by YPAL is of an equal or greater coverage amount overall, and the City previously agreed to similar insurance requirements for OIC in its operation of the Henry Beauchamp Community Center; and WHEREAS, the City Council of the City of Yakima finds that it is in the best interests of the City and its residents to allow YPAL to amend the Agreement with different, but similar, insurance coverage, NOW, THEREFORE, in consideration of the mutual covenants, promises, and agreements set forth herein, it is agreed by and between the City and the YPAL as follows. Section 1: Section 22 of the attached and incorporated "Operation and Maintenance Agreement" between the City of Yakima and YPAL is amended to read as follows 22. Insurance 22.1 At all times during performance of the services in this Contract, YPAL shall secure and maintain in effect insurance to protect the City and YPAL from and against all claims, damages, losses, and expenses arising out of or resulting from the performance of this Contract. YPAL 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 City or the public. 22.2 Commercial Liability Insurance. Before this Contract is fully executed by the parties, YPAL shall provide the City with a certificate of insurance as proof of commercial liability insurance and commercial umbrella liability insurance with a total minimum liability limit of One Million Dollars ($1,000,000.00) per occurrence combined single limit bodily injury and property damage, and Three Million Dollars ($3,000,000.00) general 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. Said policy shall be in effect during the duration of this Contract. The policy shall name the City, its elected and appointed officials, officers, agents, employees, 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 thirty (30) calendar days prior written notice (any language in the clause to the effect of "but failure to mail such notice shall impose no obligation or liability of any kind upon the company" shall be crossed out and initialed by the insurance agent). The insurance shall be with a n insurance company or companies rated A-VII or higher in Best's Guide and admitted in the State of Washington. 22.3 Commercial Automobile Liability Insurance. Before this Contract is fully executed by the parties, YPAL shall provide the City with a certificate of insurance as proof of commercial automobile liability insurance and commercial umbrella liability insurance with a total a minimum liability limit of One Million Dollars ($1,000,000.00) per occurrence combined single limit bodily injury and property damage. Automobile liability will apply to "Any Auto" and include, but not be limited to, owned, non -owned and hired vehicles, and be shown on the certificate. 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. Said policy shall be in effect for the duration of this Contract. The policy shall name the City, its elected and appointed officials, officers, agents, employees, 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 thirty (30) calendar days prior written notice (any language in the clause to the effect of "but failure to mail such notice shall impose no obligation or liability of any kind upon the company" shall be crossed out and initialed by the insurance agent). 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. 22.4 Directors and Officers Liability Insurance. Before this Contract is fully executed by the parties, YPAL shall provide the City with a certificate of insurance as evidence of Directors and Officers Liability Insurance with coverage of at least One Million Dollars ($1,000,000.00) per occurrence and an annual aggregate limit of at least One Million Dollars ($1,000,000.00). The certificate shall clearly state who the provider is, the amount of coverage, the policy number, and when the policy and provisions provided are in effect. The insurance shall be with an insurance company rated A-VII or higher in Best's Guide. If the policy is on a claims made basis, the retroactive date of the insurance policy shall be on or before the inception date of this Contract, or shall provide full prior acts. The insurance coverage shall remain in effect during the term of this Contract and for a minimum of three (3) years following the termination of this Contract. 22.5 Property Insurance. The City shall maintain "special form" perils property insurance coverage on WFCC located at 602 North 4th Street, Yakima, Washington, and its contents in such amount as the City deems appropriate. YPAL shall have the responsibility of procuring "special form" perils property insurance on personal property and tenants' improvements and betterments owned by, or in the care, custody or control of YPAL. YPAL and the City hereby release and discharge each other from and against all liability arising either from fire loss or damage caused by any of the "special form" perils covered by insurance policies which are in force and effect at the time of such loss or damage, even though such loss or damage may be due to negligence, act or neglect of either YPAL or the City or agents or employees of either party. It is expressly understood and agreed that it is the intention of the parties that this provision constitutes a waiver and release of any and all subrogation rights which the insurance companies might have under such insurance policies. 22.6 Tenants Must Carry Liability Insurance. YPAL shall require that all tenants of WFCC carry liability insurance in accordance with this section, as discussed in Section 10.5 of this Contract. 22.7 Workers' Compensation. YPAL agrees to pay all premiums provided for by the Workman's Compensation Act of the State of Washington. Evidence of YPAL's workers' compensation coverage will be furnished to the City. YPAL holds the City harmless for any injury or death to YPAL's employees while performing this Contract. 22.8 Insurance Provided by Subcontractors. YPAL shall ensure that all subcontractors it utilizes for work and/or services rendered under this Contract shall comply with all of the above insurance requirements. 22.9 City Does Not Provide Insurance for YPAL. It is understood that the City does not maintain any form of insurance for YPAL, its officers, employees, agents, instructors, volunteers, agents, and/or subcontractors. Section 2: Except as expressly modified herein, all other terms and conditions of the attached Agreement shall remain in full force and effect. Section 3: A copy of the Certificate of Liability Insurance and Endorsement through July 1, 2020, is attached hereto. Section 4: Severability. If any section, subsection, paragraph, sentence, clause or phrase of this Amendment is declared invalid or unconstitutional for any reason, such decision shall not affect the validity of the remaining portions of this Amendment. CITY OF YAKIMA (f- Cf Date. ARTEST: City Clerk CITY CONTRACT RESOLUTION NO: AIL , City Manager % YAKIMA POLICE ACTIVITIES LEAGUE Ed Shoenbach, Interim Executive Director ACGaRDCERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDIYYYY) 07/09/2019 THIS CERTIFICATE IS ISSUEDASA MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NQT CONSTITUTE CONTRACT BETWEEN THE ISSUING INSURER(S),,AUTHORIZED RE'PPRESENTATIVEOR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT. If the certificate holder is an ADDITIONAL INSURED, the policy(les) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the po icy, certain poilcles may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Cd� i CC1 NAIVE. Thomas E Nlestmaker &Assoc. License # 01544996 DIVE 661 327-311fi o, E1et1: ( c/o Wilson Paves &-Assoc. Lic # 0E50885 Lam" pave,,cp 3636 Pegasus Drive Bakersfield INSURED Yakima 'Police Athletic League 602 N. 4th Street Yakima COVERAGES CERTI CA 93308 WA 98901 PIS ATSD Linda White Itellnrkison INSURER(S) AFFORDING. COVERAGE INSURER A: Allied World Insurance Company INsuRERB: Vantapro Specialty Insurance Co.. INSURER ; Great American Insurance Co. INSURER D : INSURER E INSURER F ICATE NUMBER: 19-20GL,Auto Umb,Acc, FAX {A)CNa) (661) 32Z1262 , R: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELQWFIAAVE BEEN ISSUED TO THE INSURED. NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO1P -ITCH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONSAND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 1RSR LTR A B A TYPE OF INSURANCE X COMMERCIAL GENERAL UABILrtY CLAIMS,MADE' OCCUR 6 GENT.. AGGR EGA POLICY OTHER. AUTOMOBILE LIABILITY ANY AUTO OWNED AUTOS ONLY 111R'f) X' AUTOS ONLY X UMBRELLA UAB EXCESS LIAB QED SCHEDULED INN AUTOS NOk.OVVNED AUTOS ONLY WORKERS COMPENSATION AND EMPLOYER$' LIABILITY ANY PROPRIFrOR)PART'h)EP,FkCCUTIVE OFEICER1MEME S EXCLUDED? (Mandatory In Nhtl if yam., describe under DESCRIPTION OF OPERATIONS below OCCUR CLAIMS -MADE 10,000 Accident/Medical YIN ADM 1Nee NIA SLOT ,>7IVP_ POLICY NUMBER 5075324100 5079004900 5078040100 BS RE42651900-0062, POUCY J;FF (MMIDD/YYYY} 07/01/2019 07/01 /2019 07/01/2019 07/0.1/2019 POLICY IExP (h1MIDDrYYW) 07/01/2020 07/01/2020 07/G1/2020 07/01/2020 EACH OCCURRENCE -LJAMAGh 14)-HF_N 1EV PR syiSES(Ee*CC rrence) MED EXP (Any on s cer LIMITS s1 $ 300,000 Excluded NAIC / 22730 44768 16691 PERSONAL &ADV INJURY $ 1,000,000 GENERAL AGGREGATE PRODUCTS -COMP/OPAGG $ 3,000,000 $ 1.,000,000 Sexual Abuse T 80DILY,INJURY (Per person) $ 100,000 EODILY INJURY (Per accident) PROPERTY DAMAGE +Per accident! Hired Auto Liability s 1,000,000 EACH OCCURRENCE $ 5,00'0,000 AGGREGATE $ FFTt STATUTE E EACH ACCIDENT OTH- ER E.L. DISEASE - EA EMPLOYEE $ E.L_DISEASE -POLICY LIMIT - $ Limit DESCRIPTION -OF OPERATIONS 1 LOCATIONS ',VEHICLES (ACORD 101, Additional Remarks Schedule, may ba attached If more space Is required) City of Yakima, its agents, employees, elected and appointed officials and authorized volunteers. is added as additional insured to the General Liability Policy per the attached foal# CG2026 0413 subjeotto the terms, conditions and exclusions ofthe policy. A written contract is required for the additional insured to be valid. DIRECTORS AND OFFICERS COVERAGE IS PROVIDED THROUGH WESTCHESTER SURPLUS LINES INSURANCE POLICY #G27981215004 $1,000,000 per occurrence/$5,000,000 per aggregate. CE ICATE 0 City of Yakima its agents, employees, elected authorized volunteers 200 S. 3rd St. Yakima ACORD 25 (2016103) CANOE ARON $50,000 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POUCY PROVISIONS. AUTHORIZED REPRESENTATIVE WA 98901 @10813401 The ACORD name and logo are registered marks of ACORD AORD CORPORATION. All rights reserved. POLICY NUMBER: 5079004900 COMMERCIAL. GENERAL LIABILITY CG-20 :26 04 13 THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. ADDITIONAL INSURED , DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): As regards Yakima PAL, City of Yakima, its agents, employees, elected and appointed officials and authorized volunteers 200 S. 3rd St. Yakima, WA 98901 Irfarrnatlon required o complete this Schedule, if not shown above, will be shown in the Declare ions. A. Section ll — Who Is An Insured Is amended to include as an additional insured the person(s) or organization(S) shown in the Schedule, but only with respect to liability for 'bodily injury", "property damage" or "personal and advertising injury" caused, in whole- or In part, by your acts or omissions or the acts or omissions of those acting on your behalf: 1. In the performance of your ongoing operations; or 2. In connection with your premises owned by or rented to you. However: 1, The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage. provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured Will not be broader then that which you are required by the contract or agreement to provide for such additional insured. CG 20 26 04 13 B. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a. contract or agreement, the most We will pay on behalf of the additional insured is the amount of insurance: 1. Required bythe contraCt ot agreeMent; or 2. Available under the applicable Limits of lnsurande shown in the Declarations; whichever is less This endorsement shall not increase the applicable :Limits of Insurance shown in the Declarations. © Insurance Services Office, Inc., 2012 Page 1 of 1 BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 9. For Meeting of: March 19, 2019 ITEM TITLE: Resolution authorizing an Agreement with Yakima Police Activities League (YPAL) for the Operation and Maintenance of the Washington Fruit Community Center SUBMITTED BY: Sara Watkins, Senior Assistant City Attorney SUMMARY EXPLANATION: This Agreement between the City of Yakima and YPAL sets forth the terms and conditions for funding provided by the City to support the operation and maintenance of the Washington Fruit Community Center. ITEM BUDGETED: Yes STRATEGIC PRIORITY: Neighborhood and Community Building APPROVED FOR SUBMITTAL: City Manager STAFF RECOMMENDATION: Adopt Resolution BOARD/COMMITTEE RECOMMENDATION: ATTACHMENTS: Description Upload Date 0 Resolutbn - YPAL O&M Agreement 3/4/2019 0 YPAL O&M Agreement 3/4/2019 Type Resolutbn Contract