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08/18/2009 10 Southeast Yakima Community Center Operating Agreement with OIC
, , . , III BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. (0 For Meeting of: August 18, 2009 ITEM TITLE: Consideration of a Resolution authorizing a Southeast Yakima Community Center Operating Agreement between the City of Yakima and Opportunities Industrialization Center of Washington (OIC) S&P: ';' ITTED : Y: Chris Waarvick, Director of Public Works Ken Wilkinson, Parks and Recreation Manager CONTACT PERSON/TELEPHONE: Ken Wilkinson, 575 -6020 SUM AIRY EXPLANATION: At its Quarterly Meeting on June 23, 2009, the Southeast Yakima Community Center Advisory Board voted to endorse OIC's request to exercise its first five -year option to extend the management operating agreement with OIC to oversee the operations at the Southeast Yakima Community Center. , 0 The service fee is $75,000 per year. OIC will provide program services and will submit a written quarterly report outlining progress toward program benchmarks. The contract renewal is a longer document this time due to HUD language requirements. Resolution X Ordinance Other (Specify) Contracts X Mail to (name and address): Ronnie Williamson, OIC, 815 Fruitvale Blvd., Yakima, WA 98902 Funding Source: Com unity D- velopment Block Grant funds APPROVED FOR SUBMITTAL: ___ _ City Manager STAFF RECOM!'aENDATION: Staff respectfully requests the City Council to adopt the Resolution authorizing execution of the City of Yakima and Southeast Yakima Community - Center Operating Agreement with the Opportunities Industrialization Center of Washington (OIC). I- ;OARD /COMMISSION/COMMITTEE RECOMMENDATION: The Neighborhood Development Committee met August 5, 2009, and voted to send the contract renewal at the $75,000 annual level to the full Council for approval. COUNCIL ACTION: III , . , . / he ( C7 QV In Cc c_TE Center in accordance with all applicable statutes, laws, regulations and ordinances and the rules and regulations promulgated by the U.S. Department of Housing and Urban Development, including, but not limited to, Federal CDBG Regulations and other policies and guidelines established by the City of Yakima ONDS. OIC shall not allow use of the Center for any unlawful purposes. OIC shall not commit any waste on the Center property nor damage same nor permit waste or damage by others. 25. Licensing and Program Standards. 010 agrees to comply with all applicable federal, state, county and municipal standards for licensing, certification and operation of facilities and programs, and accreditation and licensing of individuals, and any other standards or criteria as described in the Agreement to assure quality of services. 26. Insurance Requirements. At all times during performance of the services in this Agreement, OIC shall secure and maintain in effect insurance to protect the City and OIC from and against all claims, damages, losses and expenses arising out of or resulting from the performance of this Contract. OIC 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. A. Property Insurance. OIC shall procure and maintain a policy or policies of property insurance with respect to the Center covering all property owned by OIC including personal property and tenants improvements and betterments. OIC will hold the City harmless for any damage to property owned by OIC and waive its right of subrogation for any damage to their property. B. Commercial Liability Insurance. Before this Contract is fully executed by the parties, OIC 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 for the duration of this • Contract. The policy shall name the City, its elected 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. C. Commercial Automobile Liability Insurance. 1) If OIC owns any vehicles, before this Contract is fully executed by the parties, 010 shall provide the City with a certificate of insurance as proof of commercial automobile 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. Automobile liability will apply to "Any Auto" and be shown on the certificate. 2) If OIC does not own any vehicles, only "Non -owned and Hired Automobile Liability" will be required and may be added to the commercial liability coverage at the City of Yakima and OIC of Washington Page 11 of 19 SECC Operating Agreement • RESOLUTION ' 'O. R -2009- A RESOLUTION authorizing the City Manager of the City of Yakima to execute the City of Yakima and Southeast Yakima Community Center Operating Agreement with Opportunities Industrialization Center of Washington (OIC). WHEREAS, the City being the owner of the Southeast Yakima Community Center desires that the Southeast Community Center be managed, operated, and maintained as a neighborhood facility in order to meet the needs and desires of the poor and disadvantaged; and, WHEREAS, the City not having the staffing levels necessary to provide specialized management services approved a management operating agreement with OIC; and, WHEREAS, the City received a request from OIC of Washington to exercise its first five -year option to extend the management operating agreement to oversee the operations of the Southeast Yakima Community Center with the service fee to come from Community Development Block Grant funds; and WHEREAS, the City Council of the City of Yakima deems it to be in the best interest of the City to enter into the City of Yakima and Southeast Yakima Community Center Operating Agreement with OIC of Washington for specialized management services for the Southeast Community Center in accordance with the terms and conditions of the attached agreement now, therefore, - -E BT `ESOLVE BY THE CITY COUNCIL OF THE CITY OF YAK! `p► The City Manager is hereby authorized and directed to execute the attached and incorporated "City of Yakima and Southeast Yakima Community Center Operating Agreement" with Opportunities Industrialization Center of Washington (OIC), to provide specialized management operating services for the Southeast Community Center_ ADOPTED BY THE CITY COUNCIL this 14` day of August 2009. David Edler, Mayor ATTEST: City Clerk • • City of Yakima Council Neighborhood Development Committee Wednesday, August 5, 2009 Councilmembers Present: Bill Lover, Kathy Coffey, Sonia Rodriguez Staff Dave Zabell, Michael Morales, Archie Matthews, Florence Waters, Ken Wilkinson, Greg Harpel Guest Present: Luz Gutierrez I. Draft OIC /SEECC Agreement Recommendation was made to send the OIC /SECC Agreement to City Council at last years budget of $75,000, and not the increased amount. The recommendation was approved. 2. Consider funding options for Pair Ave &rue pocket park Bids to place sod for the Fair Avenue pocket park came back at $5,100. The bid for top soil and underground sprinkler system is $20,000. The funding for this project will come from the Public Facility fund and will not affect any other projects in the Public Facility program. Recommendation to request City Council to fund this project was approved. 3. Consideration of supplemental funding for DYFI A recommendation was made to invest $500,000 of the available infrastructure funding into the section of A Street from Third Street to Sixth Street, on the north side of the street only, for the Downtown Yakima Futures Initiative. The recommendation was approved to go to City l Council. 4. Continued discussio.r of various program limits a. Energy Assistance Program Year to date information on all ONDS programs was discussed. The Energy Assistance Program would entail repair work for heating and cooling systems, doors and windows, insulation, and lighting through the Senior and/or Disabled Home Repair Program for qualified applicants. No new funding is being requested. The new program would alleviate the cap in the Regular Program. Recommendation to develop the Energy Assistance Program was approved. Other i:; us' �1 ess Betty Gaudette, an active member in our community, recently passed away. Ms. Gutierrez requested that Betty Gaudette be recognized at the next City Council meeting. The request was approved. Two meetings have been held to engage with Northeast Yakima community members in regard to educating the community about neighborhood issues, services that are available, and to improve the relationship between the City and the Northeast Yakima community. A recommendation was made to advertise public input meetings in smaller community newspapers, such as Viva and La Voz. Bill Lover, Chairman City of Yakima Office of Neighborhood Development Services Public Service Cap Information Public Service Formula for Year 2010: Prior Year Program Income for CDBG 67,500 Current Year Entitlement for CDBG 1,185,386 P 1 Fair Housing Counseling 61,105 27% Total CDBG Prior Yr PI & Current Yr EN: 1,252,886 P S Paint - Out Graffiti 53,978 29% Public Service 15% x 15% P 9 Public Service Program 75,000 40% 'Total Allowed for 2010 Public Service: $187,933 $180,083 98% 15% 95.82% Salaries /Benefits were reduced from Graffiti to stay under 15% Cap. e . City of Yakima Office of Neighborhood Development Services 2010 CDBG ESTIMATED EXPENDITURES (Does not include any Carry Forvfrard Dollars) Program 2010 Total Program Delivery 2010 Estimated HUD Programs (CDBG) . Expenses Expenses Admin Expenses I CDBG Single Family Rehabilitation 570.202 (b) 138,971 Senior / Disabled Rehabilitation 145,000 Single Family Rehabilitation 84,916 Single Family 1st Time Home Buyers Single Family Rehabilitation - 308 Irrigation 10,000 Rehabilitation Relocation 570.201 (1) 4,000 Total 243,916 138,971 382,887 11 Economic Development 570.203 (b) Adaptis Inc - Grant Year 2010 100,000 Whirlpool Corp - Year 2010 45,000 Unknwon 50 Total 195,000 0 195,000 111 Community/Public Services 570.201 (e) Gtoffdi Abatement Q 53,978 53,978 Affinnativety Furthering Fair Housing 570 .209 (k) 4,000 66,004 70,004 OIC of WA: SECC Programs 75,000 75,000 Total 79,000 119,982 198,982 IV Public Facilities 570.201 (c) Southeast Community Cntr / Miller Park Activity Cntr 70,000 (or other public facilities in the neighborhood) • Total 70,000 0 70,000 V Neighborhood Imp - Dangerous Bldgs Clearance 570.201 (d) 20,000 20,000 VI Code Compliance 570.202 (c) 100,720 100,720 Vil Administrative CDBG Costs 570206 251,177 ;: 251,177 Grand Estimated Totals for Year 2009 607,916 359,673 251,177 _ 1,218,766 308,191 1,218,766 Entitlement is estimated as Congress has not yet approved the national HUD Budget Program Income is estimated since the figure is unknown until the money is received 1,254,536 Appropriate adjustment will be made, if needed, when HUD awards am received_ -35,770 Carry forward will be encumbered when amount is known, in Spring, 2009. Estimated 2010 CDBG Revenue 1,254,536 20% Admin 250,907 8/13/2009 is Budget Prep.2009.DRAFT.Guessrimate.SS I City of Yakima 0 Office of Neighborhood Development Services 2009 CDBG ESTIMATED EXPENDITURES (Does not include any Carry Forward Dollars) Program 2009 Total Program Delivery 2009 Estimated HUD Programs (CDBG) Expenses Expenses Admin Expenses I CDBG Single Family Rehabilitation 570.202 (b) 81,813 - Senior / Disabled. Rehabilitation Single Family Rehabilitation 125,000 Single Family 1st Time Home Buyers 0 Single Family Rehabilitation - 308 Irrigation 10,000 Rehabilitation Relocation 570.201.(1) 4,000 _ Total 139,000 81,813 220,813 88 Economic Development 570.203 (b) Adaptis Inc - Grant Year 2009 100,000 Whirlpool Corp - Year 2009 45,000 To be announced - Year2009 90,000 Total 235,000 0 235,000 I11 Community /.Public Services 570.201 (e) Graffiti Abatement 34,797 54,854 - 89,651 Affirmatively Furthering Fair Housing 570.201 (k) 2,340 48,449 i 50,78 010 of WA: SECC Programs 0 75,000 75,00 Total 112,137 103,303 215,440 IV Public Facilities 570,201 (c) - Southeast Community Cntr / Miller Park Activity Cntr 50,000 (or other public facilities in the neighborhood) Total 50,000 0 50,000 V Neighborhood Imp - Dangerous Bldgs Clearance 570.201 (d) 20,000 20,000 VI Code Compliance 570.202 (c) 100,720 100,720 VII Administrative CDBG Costs 570.206 235,000 235,000 Grand Estimated Totals for Year 2009 556,137 280,836 235,000 1,076,973 1,076,973 Entitlement is estimated as Congress has not yet approved the national HUD Budget Program income is estimated since the figure is unknown until the money is received. 1,063,481 Appropriate adjustment will be made, if needed when HUD awards are received 13,492 Carry forward will be encumbered when amount is known, in Spring, 2009. Estimated 2009 CDBG Revenue 1,177, 991 20% Admin 235,598 0 8/13/2009 is Budget Prep.2009.DRAFT.Guesstimate.SS • CITY OF YAK:IMA Boards and Commissions SOUTHEAST COMMUNITY CENTER ADVISORY COMMITTEE Term 7 Members — 4 Year Terms Year Members Year Term Appointed Expires I 1110 Appointed by: City Council Meets: Quarterly. Term Limitations: None Responsibilities: Advisory capacity to City Council, staff and the operator(s) of the Southeast. Community Center; makes recommendations on services to be offered out of the facility; capital improvements and community /neighborhood needs; may conduct and prepare surveys, analysis, studies, and reports related to same. May make recommendations on any other matters as directed by City Council. Membership Action: • • Created: 3/30/04 Revised: Active Grou Ter �s Member terms that will be active on 08/13/2009 Group Name Member Type Member Role Term Started On Term Ends On Southeast Yakima Community Center Advisory Board Vernita Adolf Member 11/18/2008 06/30/2012 Aaron Case Member 11/18/2008 06/30/2011 Jaimie Covarrubias Member 11/18/2008 06/30/2010 Martha Gamboa Member 11/18/2008 06/30/2012 Johnnie Harvey Member 11/18/2008 06/30/2013 Gloria Hernandez Secretary 11/18/2008 06/30/2010 Robert Trimble Member 11/18/2008 06/30/2011 � _ Page 1 of 1 p . ' afi t ?crf August 13, 2009 GENE c- D Licensed to City of Yakima • CITY OF YAKIMA AND SOUTHEAST YAKIMA COMMUNITY CENTER OPERATING AGREEMENT THIS AGREEMENT is made and entered into this day of August, 2009, by and between the City of Yakima, a Washington municipal corporation (hereinafter "City "), and Opportunities Industrialization Center of Washington, a Washington nonprofit corporation (hereinafter "OIC'). WHEREAS, the City is the owner of the Southeast Yakima Community Center (hereinafter "Center") which is located within the City of Yakima at 1211 South 7 Street, Yakima, WA 98901 and is legally described as follows: Parcel #1 The North 100 feet of the West 125 feet of the East 140 feet of Lot 1, CENTRAL PARK ADDITION, according to the official Plat thereof recorded in Volume "A" of Plats, page 46, records of Yakima County, Washington. The East 140 feet of Lot 1, CENTRAL PARK ADDITION to the city of North Yakima (now Yakima), according to the official plat thereof recorded in Volume "A" of Plats, page 46, records of Yakima County, Washington; (1) except the North 100 feet thereof; • (2) except the East 15 feet of the North 190 feet for alley; and (3) except the East 10 feet of the South 110 feet for alley. TOGETHER WITH all water and water rights appurtenant thereto. SUBJECT TO right of way for irrigation ditch over the West 5 feet of the East 15 feet of the North 190 feet of Lot 1, Central Park Addition to the city of North Yakima, now Yakima, as disclosed by instruments recorded in Volume 200 of Deeds, Auditor's File No. 196692, records of Yakima County, Washington; SUBJECT TO all further assessments arising from the fact that the above described property is located within the boundaries of Irrigation District No. 308; and SUBJECT TO all easements, rights of way or other servitudes appearing in the chain of title or existing over and across said premises. Parcel #5 The East half of Lot 8, Central Park Addition to the City of Yakima, now Yakima, as recorded in Volume "A" of Plats, page 46, records of Yakima County, Washington, EXCEPT the East 10 feet thereof, and EXCEPT the West 25 feet thereof for street. SUBJECT TO such future assessments as may be made from time to time by City of Yakima and O1C of Washington Page 1 of 17 SECC Operating Agreement City Irrigation District No. 308, the above described property being located in said District; and WHEREAS, the parties to this Agreement desire that the Center is managed, operated and maintained as a neighborhood facility in order to meet the needs of the poor and disadvantaged, including but not limited to the specific areas of health, education, employment, welfare and recreation, all in accordance with the provisions, terms and conditions of this Agreement. NOW, THEREFORE, in consideration of the mutual covenants cont ained herein, the parties agree as follows: 1. General Management Responsibilities and Expenses of OIC. OIC shall manage, operate and maintain the Center consistent with City policies and with the general concepts of community action in order to meet the needs of the poor and disadvantaged, particularly in the areas of health, education, employment, welfare and recreation, and in such other areas as are consistent with this Agreement and the general uses of a non - profit neighborhood facility. At a minimum, OIC shall keep the Center open to serve the public between the hours of 8 a.m. and 5 p.m., Monday through Friday of each week; provided, however, that the Center may be closed on legal holidays. OIC, at its option, may also keep the Center open to serve the public during evening hours and weekends. OIC shall, at its sole expense and cost, promptly pay all costs of administration, operational expenses, maintenance costs, capital improvements, taxes, overhead, utilities, and other fees relating to or arising out of the use of the Center, (operational costs include but are not limited to utilities and a facility supervisor). The City shall not be required to reimburse OIC for any of the costs of operation, maintenance or capital improvements, except as otherwise provided in this Agreement and to the extent that funds are appropriated by the City Council and specifically approved for disbursement by the City Parks and Recreation Division. Such appropriations involve the legislative prerogative of the City Council and no assurance is given that appropriated funds are available in any particular year. Except as otherwise provided in Section 3, OIC agrees to perform the services specified in this Agreement in consideration of the community action benefits derived herein. The City shall have no obligation to pay OIC for said services. 2. General Budget Provisions. The City reserves the right to hold payment until adequate documentation is provided by OIC and reviewed by the City. OIC agrees to the following provisions in satisfying the terms and conditions of this Agreement: A. Payments and Disbursements. Disbursements by the City of Yakima from this Agreement/grant award shall be on a reimbursement basis covering actual expenditures by OIC or obligations of OIC currently due and owing, but not paid. Disbursements shall be limited to allowable costs and so shall be made upon the occurrence of all the following, in addition to any other conditions contained herein or in the special conditions: 1. Receipt by the City of Yakima ONDS of a written reimbursement request on forms provided by the City of Yakima ONDS supported by copies of vouchers, invoices, salary and wage summaries or other acceptable documentation; and 2. Determination by the City of Yakima ONDS that the expenditures or obligations for which reimbursement is sought constitute allowable costs under the principles set forth in Federal Management Circular 74-4 "eligible costs under the HOME City of Yakima and OIC of Washington Page 2 of 17 SECC Operating Agreement • Program" and that also fall within the applicable Project Budget. B. No payment shall be made for any service rendered by OIC except for those services within the scope of the budget. 1. OIC shall submit to the City of Yakima ONDS a written request for approval of budget revision when a proposed revision would result in an increase or decrease of ten percent (10 %) or more from what has been set forth in the approved budget subject category. The City's written budget revision approval must be received by OIC prior to OIC incurring any expenditures against the revised budget subject categories. When the revision of OIC's budget does not exceed ten percent (10 %) of an approved budget category, OIC must submit a revised budget to the City of Yakima ONDS prior to the submittal of claims against the budget. 3. Standards for Fiscal Accountability. A. OIC agrees to provide project line item draw requests, annual verification of rents, annual audited financial statement to compare income and expenses, records, documents and accounting procedures which accurately reflect all direct and indirect costs related to the performance of this Agreement. Such fiscal books, records, documents, reports and other data shall be retained in a manner consistent with the "Budgeting, Accounting, Reporting System for Counties and Cities, and Other Local Governments ", hereinafter referred to as "BARS ", as • issued by the Office of State Auditor, State of Washington. OIC further agrees that the City of Yakima ONDS shall have the right to monitor and audit the fiscal components of the organization to insure that actual expenditures remain consistent with the terms of this Contract. OIC shall retain all books, records, documents and other material relevant to the Contract for seven (7) years after settlement of this Agreement. OIC agrees that the City of Yakima, the U.S. Department of Housing and Urban Development, the Washington State Auditor or their . designees, shall have full access to and a right to examine any of said materials at all reasonable times during said period. B. OIC agrees that any contributions or payments made for services furnished under this Contract shall be used for the sole benefit of this program. 4. Program Services. In consideration of the City's paying OIC a Service Fee, OIC will provide programs and services centered on the needs identified in the series of public meetings held by the City in November, 2003. Services will focus on health and wellness issues of low income and disadvantaged persons in the southeast area of Yakima and will range from services for middle - school -aged youth through senior citizens. A mentoring program for middle school youth will focus on high -risk youth. Specific services will include identification of high -risk youth residing in the southeast neighborhood, mentor training, creating collaborative community . partners, integrating youth into community programs and services and seeking sustainable program funding. Examples of specific programs may include literacy, eastside sports, recreation and tutoring. For 2010, the target is six AmeriCorp volunteers mentoring 30 middle - school -aged youth. Outcomes are planned for identification by February, 2010 and quarterly benchmarks will be developed and reported to the City Parks and Recreation Division and the Office of Neighborhood Development. O A second program will focus on high -risk young adults who face barriers to employment. Specific activities may include identification and elimination of barriers, job training, job placement and assistance and follow -up. By March, 2010, program benchmarks will be City of Yakima and OIC of Washington Page 3 of 17 SECC Operating Agreement developed and community partners identified. The status of these efforts will be reported 0 quarterly to the City Parks and Recreation Division and the Office of Neighborhood Development. Services to senior citizens residing in the southeast neighborhood will be the focus of a third program. OIC will seek such services for elders as health and wellness, nutrition, socialization, social service needs and volunteerism. These services will be offered through the Southeast Community Center. By March, 2010, OIC will develop program goals and benchmarks, identify community partners and provide volunteer opportunities for senior citizens at the Center. The status of these efforts will be reported quarterly to the City Parks and Recreation Division and the Office of Neighborhood Development. 5. Quarterly Report. OIC agrees to submit a written quarterly report outlining the progress towards completion of activities included in Exhibit A, to the City of Yakima. 6. Service Fee. In consideration of OIC's providing the program services described in Section 2 for the period of January, 2010, through November, 2012, but subject to the limitations described below, the City shall pay OIC an annual service fee of Seventy -Five Thousand Dollars ($75,000.00). Payments of the annual $75,000.00 service fee shall be made in quarterly amounts of Eighteen Thousand and Seven Hundred Fifty Dollars ($18,750.00) that shall be paid by the City on or about the tenth day of February, May, August and November of 2010, 2011, and 2012. It is anticipated that said service fees paid to OIC shall come from Community Development Block Grant ( "CDBG ") funds. Accordingly, OIC understands and agrees that the availability and payment of the above - described service fee is expressly subject to the annual review and approval by. City Council of the expenditure of CDBG funds for this purpose. Further, payment of any portion of the service fee is expressly conditioned upon the provision of satisfactory services to the City, upon the availability of funds and upon the program services qualifying under all applicable HUD /CDBG eligibility payment criteria, guidelines and • regulations. Throughout the term of this Agreement, it is understood that OIC shall demonstrate, upon request, that it is diligently seeking and attempting to obtain other funding from other sources (i.e., tenant rent, federal and state grants) to operate, manage and maintain the Center. It is expressly understood and agreed by the parties that the City is not and shall not be obligated to pay any additional service fee to OIC for services provided in operating and managing the Center after December, 2014. 7. Term of Agreement. Unless terminated in accordance with Section 25, the term of this Agreement shall be for a period of five (5) years, commencing September 2, 2009, and terminating at midnight, September 1, 2014; provided, however, that OIC may, at its option, extend this Agreement for two additional five -year periods by giving the City written notice of term extension no later than ninety (90) days prior to the end of the current five -year period in order to continue the term for the first five -year option period, and no later than ninety (90) days prior to the end of the second five -year option period in - order to extend the term beyond the second five -year option period. In the event OIC fails to exercise its option to extend this Agreement for an additional five -year period, this Agreement shall terminate at midnight, September 1, 2019. In the event OIC exercises its option to extend this Agreement for two additional five -year periods, then this Agreement shall terminate at midnight, September 1, 2024. In the event the City determines OIC is performing its responsibilities hereunder in a City of Yakima and OIC of Washington Page 4 of 17 SECC Operating Agreement • satisfactory manner, the City will consider renewing this Agreement consistent with these terms. 8. Incorporation of OIC's Proposal. Except to the extent that it conflicts or is inconsistent with this Agreement, OIC's Proposal, dated May 10, 2004, including all of OIC's representations, conditions and obligations submitted to the City on May 13, 2004, in order to obtain award of this Agreement, is incorporated herein by this reference. Any inconsistencies or conflicts between OIC's Proposal and this Agreement shall be resolved in favor of the provisions and terms of the Agreement. A copy of the Proposal is marked Exhibit "A ", attached hereto and incorporated by this reference. 9. Maintenance. A. OIC shall, at its sole expense and cost, keep and generally maintain the Center building and property in an attractive, clean, sanitary and usable condition at all times. Such maintenance shall include but is not limited to routine and minor repair and replacement of Center premises, property, fixtures (including but not limited to plumbing, electrical, lighting fixtures and damage resulting from vandalism or accident), janitorial /cleaning services and sidewalk snow removal. B. Except as otherwise provided herein, the City shall be responsible for, or reasonably maintain, at its expense, all exterior building and grounds, including parking lot pole lights, regular mowing and care of park grounds,, regular landscaping maintenance, parking lot surface and striping, parking lot snow removal, exterior painting, the building roof and the 411) heating and air - conditioning system. Notwithstanding any other provision of this section, the City's obligations hereunder are expressly made subject to the annual availability of funds appropriated by the Yakima City Council and specifically approved for disbursement by the City Parks and Recreation Division. Such appropriations involve the legislative prerogative of the City Couuncil and no assurance is given that appropriated funds are available in any particular year. 10. Alterations, Modifications and Capital Improvements. OIC shall make no alteration, modification and /or capital improvements to the Center building and surrounding property as legally described herein without the prior written consent of the City. Any such alterations, modifications and /or capital improvements shall be made at the sole expense and cost of OIC unless otherwise provided by mutual written agreement of the parties. 11. Recruitment of Tenants /Licensees, Leases /License Agreements, and Lease /License Revenues. A. Recruitment of Tenants /Licensees. OIC is responsible for the recruitment of Center tenants, licensees, service providers and partners. B. Leases /License Agreements. All leases for a term of twelve (12) months or more in duration for space at the Center must be in writing and approved by the City Manager or his authorized designee, which consent shall not be unreasonably withheld. Short -term license agreements and leases (having a duration of less than twelve (12) 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 40 thirty (30) days after the execution thereof, the Center shall provide the City with written copies of all lease and license agreements for space at the Center. Each lease or license agreement shall include but not be limited to the following information: a description of the services, the City of Yakima and OIC of Washington Page 5 of 17 SECC Operating Agreement name and contact information of the tenant. Every such lease or license agreement shall also contain a provision requiring the tenant or licensee to pay the full amount of leasehold excise tax, if applicable, in accordance with the requirements of Chap. 82.29A, RCW, as now or hereafter amended. It shall be the affirmative responsibility of OIC to collect the leasehold excise tax, if applicable, from all tenants and licensees in accordance with the provisions of Chap. 82.29A, RCW, as now or hereafter amended and to remit said taxes to the City Department of Finance on a monthly basis. C. Lease and License Revenue. All payments received and revenue from Center leases and license agreements shall be handled and controlled by 010 for operational expenses and management of the Center. OIC shall provide the City with a written financial report, on at least an annual basis, showing the amount of funds received from all sources, funds deposited with all financial institutions, funds disbursed and all operating account balances. Upon the City's request, OIC shall provide such additional financial information as the City, in its sole discretion, desires to obtain relating to this Agreement and all transactions pertaining thereto. All of OIC's financial information shall be compiled and maintained in accordance with generally accepted accounting principles. 12. Utilities. OIC shall pay all charges for water, heat, lights, power and any other utilities which may be required or used by OIC in the use or operation of the Center; and, agrees to pay the same in a timely fashion and agrees to pay the same to prevent any lien or shutoff of service from occurring. Any deposits or other charges required by any entity furnishing such utilities shall be paid by OIC. 13. Taxes and Assessments. The OIC shall be solely responsible for compensating its 411 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 Agreement. In the event the City is assessed a tax or assessment as a result of this Agreement, OIC shall pay the same before it becomes due. 14. Independent Contractor Status of OIC. The OIC and the City understand and expressly agree that OIC is an independent contractor in the performance of each and every part of this Agreement. OIC, as an independent contractor, assumes the entire responsibility for carrying out and accomplishing the services required under this Agreement. Additionally, and as an independent contractor, OIC 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 OIC or any officer, employee or agent of OIC and the City. 15. Maintenance of Records, Annual Report and Inspections. A. The OIC shall maintain accounts and records, including personnel, property, financial and program records, and such other records as the City may deem necessary to ensure proper accounting for all project funds and compliance with this Agreement, including a system of internal controls and accounting systems which conform to generally accepted accounting principles and auditing standards. B. All such records and documents shall be retained by OIC and shall be available for inspection, audit and copying by City representatives and /or appropriate federal /state officials City of Yakima and OIC of Washington Page 6 of 17 SECC Operating Agreement • during the term of this Agreement and for a period of three (3) years following the termination of this Agreement. C. The OIC shall deliver to the City an annual written report and a quarterly report describing in reasonable detail for the previous year the Center's uses, operations, maintenance, capital improvements and any other significant information related to the Center. The annual report shall include a written financial operating statement prepared by OIC in accordance with generally accepted accounting principles. D. OIC agrees the City may carry out monitoring and evaluation activities so as to ensure compliance by OIC with this Agreement, with the HOME Compliance Documents and with all other laws, regulations and ordinances related to the performance hereof. OIC agrees to provide the City with any data determined by the City as necessary for the effective fulfillment of its monitoring and evaluation responsibilities. E. At any reasonable time and as often as the City deems necessary, OIC shall make all of its records available to the City, HUD, the Comptroller General of the United States, or any of their authorized representatives, and shall permit City, HUD, the Comptroller General of the United States, or any of their authorized representatives to audit, examine and make excerpts and /or copies of same. OIC records shall include, but shall not be limited to, the following: payroll, personnel and employment records; procurement bidding documents; contracts; sales closing statements; and invoices. 411) F. The City shall have the right to review and audit all records of OIC pertaining to any payment by the City. Said records shall be maintained for a period of seven years after the completion of the project. G. OIC shall be required to make reasonable changes in the services as completed or scheduled for completion if said services fall below the standards and specifications set forth in the Special Terms and Conditions, Project Description or Statement of Work. _ 16. Safeguarding of Client Information The use or disclosure by any party of any confidential information concerning a recipient or client for any purpose not directly connected with the City's or OIC's responsibilities with respect to services provided under this Agreement is prohibited except on written consent of the recipient or client, his /her attorney or his /her responsible parent or guardian or as otherwise provided by law, including RCW 42.56, the Public Records Act. 17. Access and Inspection. The City shall have the right at all reasonable times to have access to the Center property and to make inspections thereof. City employees who may exercise such right of inspection 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, a clear and present danger to the public, the Center, or those in attendance at the Center, the Chief Code Inspector, the Fire Chief or the Police Chief may order the event or activity terminated and the Center vacated, at no risk or liability to the City, its public officials, officers, employees and /or agents. OIC shall not enter into any lease or license agreement respecting space in the Center without incorporating into such lease or license agreement a 0 provision that contains the language of this provision regarding the City's right of inspection and authority to order an event or activity terminated and to vacate the Center. City of Yakima and OIC of Washington Page 7 of 17 SECC Operating Agreement 18. Maximum Occupancy of Center. OIC shall comply, and shall ensure that tenants 40 comply, with maximum occupancy levels as set forth in the applicable provisions of the Yakima Municipal Code and in accordance with federal, state and local laws and regulations. 19. Advisory Board. Within sixty (60) days after execution of this Agreement by both parties, the City shall establish a Southeast Yakima Community Center Advisory Committee consisting of seven (7) persons, appointed to serve on it by the Yakima City Council, as set forth in Ordinance No. 2004 -22, a copy of which is marked Exhibit "B ", attached hereto and incorporated by this reference. The City Council and OIC shall consider all recommendations of the Advisory Committee but are not bound thereby. 20. Security. A. OIC shall, at its sole expense and cost, provide security for the Center building and property to the satisfaction of the City, which security shall, at a minimum, include an automatic intruder detection system, secure door and window locks and regular security checks. B. OIC shall provide or by written agreement require subtenants to provide adequate security at all events held at the Center. 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 Center entrances, premises and parking lots 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 alcohol or drugs, do not enter or remain in the Center building and surrounding property as legally described in this Agreement. C. For all special events with an anticipated attendance of one hundred (100) or more persons, OIC shall provide the City Police Chief with a copy of the applicable lease or license agreement no later than fifteen (15) days prior to the event. 21. Personal Property. OIC shall be responsible for the possession, use, and maintenance of all personal property (including personal property of the City) located at the Center and shall take all reasonable steps to ensure that such personal property is not removed from the Center. An inventory of the City's personal property is marked Exhibit "C ", attached hereto and incorporated by this reference. Any personal property having a useful life of more than one year and purchased wholly or in part with sub -grant funds at a cost of three hundred dollars ($300) or more per item, shall upon its purchase or receipt become the property of the City of Yakima and /or federal government. Final ownership and disposition of such property shall be determined under the provisions of Attachment N of OMB, A -102. OIC shall be responsible for all such property, including its care and maintenance, and shall comply with the following procedural requirements: A. Property records shall be maintained accurately and provide for: A description of the property; manufacturer's serial number or other identification number; acquisition date and cost; source of the property; percentage of HOME funds used in the purchase of property; location, use, and condition of the property. B. A physical inventory of property shall be taken and the results reconciled with the property records at least once every two years to verify the existence, current utilization and City of. Yakima ' and 010 of Washington Page 8 of 17 SECC Operating Agreement 0 continued need for the property. C. A control system shall be in effect to insure adequate safeguards to prevent Toss, damage or theft to the property. Any loss, damage or theft of the property shall be investigated and fully documented. D. Adequate maintenance procedures shall be implemented to keep the property in good condition. E. If OIC elects to capitalize and depreciate such nonexpendable personal property in lieu of claiming the acquisition cost as a direct item of cost, title to such property shall remain with OIC. An election to capitalize and depreciate or claim acquisition cost as a direct item of cost shall be irrevocable. F. Nonexpendable personal property purchased by OIC under the terms of this Agreement, in which title is vested in the City of Yakima or federal govemment shall not be rented, loaned or otherwise passed to any person, partnership, corporation, association or organization without the prior express approval of the City of Yakima ONDS. G. Any nonexpendable personal property furnished to, or purchased by OIC, title to which is vested in the City of Yakima or federal government shall, unless otherwise provided herein or approved by the City's Contracting Officer, be used only for the performance of activities defined in this Agreement. . • H. As a condition prerequisite to reimbursement for the purchase of nonexpendable personal property, title to which shall vest in the City of Yakima or federal government, OIC agrees to execute such security agreements and other documents as shall be necessary for the City of Yakima ONDS or federal govemment to perfect its interest in such property in accordance with the "Uniform Commercial Code - Secured Transactions" as codified in Article 9A of RCW Chapter 62A. 1. OIC shall be responsible for any Toss or damage to the property of the City of Yakima or federal government (including expenses entered thereunto) which results from negligence, willful misconduct or lack of good faith on the part of OIC to maintain and administer in accordance with sound management practices that property, to ensure that the property is returned to the City of Yakima or federal govemment in the condition when the property was acquired by purchase, fair wear and tear accepted. 22. Non- Discrimination in Employment. A. The City of Yakima is an Equal Opportunity Employer. B. During the performance of this Agreement, OIC shall not discriminate in violation of any applicable federal, state and /or local law or regulation on the basis of race, 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 services under this Agreement. This non - discrimination provision shall include but is not limited to the ® following: City of Yakima and OIC of Washington Page 9 of 17 SECC Operating Agreement • The benefits or services provided by OIC at the Center; 0 ® The rules, regulations and /or practices established by OIC for use of the Center; • All lease and license agreements entered into by OIC with respect to space in the Center; and a The employment practices of OIC at the Center, including but not limited to employment, promotion, demotion, transfer, recruitment, advertising, layoff, termination, rates of pay, compensation and selection for training. C. OIC specifically agrees to abide by the Office of Federal Contract Compliance Programs Regulations, 41 CFR Part 60, Executive Order 11246 as amended by Executive Order 12086, and HUD Anti Discrimination Requirements, 24 CFR 570.601. 23. Non- Discrimination in Client Services. OIC shall not enter into any lease or license agreement respecting space in the Center without incorporating . into such lease or license agreement provisions which will ensure that the use or occupancy, in the provision of neighborhood services and other benefits, is available without regard to race, creed, color, national origin, religion, sex, marital status, age or the presence of any sensory, mental or physical disability. OIC shall also furnish all information, evidence, documents and reports required by the City to substantiate compliance with this non - discrimination clause. A. OIC agrees to affirmatively market units made available through contract (24 CFR 92.352) and shall not, on the grounds of race, color, sex, religion, national origin, creed, marital status, or age: 1. Deny a qualified individual any facilities, financial aid, services or other benefits provided under this Agreement; 2. Provide any service(s) or other benefits to a qualified individual which are different, or are provided in a different manner, from those furnished to others under this Agreement or separate treatment in any manner related to his receipt of any service(s) or other benefits provided under this Agreement; 3. Deny any qualified individual an opportunity to participate in any program provided by this Agreement through the provision of service(s) or otherwise, or will afford such person an opportunity to do so which is different from that afforded others under this Agreement. B. OIC shall abide by all provisions of Section 504 of the HEW Rehabilitation Act of 1973 prohibiting discrimination against handicapped individuals either through purpose or intent. C. If assignment and /or subcontracting have been authorized, said assignment or subcontract shall include appropriate safeguards against discrimination in client services binding upon each Contractor or Subcontractor. The contractor shall take such action as may be required to ensure full compliance with the provisions of this clause, including sanctions for noncompliance. 0 24. Compliance with Applicable Laws. OIC shall operate, maintain and manage the City of Yakima and OIC of Washington Page 10 of 17 SECC Operating Agreement • Center in accordance with all applicable statutes, laws, regulations and ordinances and the rules and regulations promulgated by the U.S. Department of Housing and Urban Development, including, but not limited to, Federal CDBG Regulations and other policies and guidelines established by the City of Yakima ONDS. OIC shall not allow use of the Center for any unlawful purposes. OIC shall not commit any waste on the Center property nor damage same nor permit waste or damage by others. 25. Licensing and Program Standards. OIC agrees to comply with all applicable federal, state, county and municipal standards for licensing, certification and operation of facilities and programs, and accreditation and licensing of individuals, and any other standards or criteria as . described in the Agreement to assure quality of services. 26. Insurance Requirements. A. Property Insurance. OIC shall procure and maintain a policy or policies of property insurance with respect to the Center covering all property owned by OIC including personal property and tenants improvements and betterments. OIC will hold the City harmless for any damage to property owned by OIC and waive its right of subrogation for any damage to their property. B. Liability Insurance. On or before the effective date of this Agreement, OIC shall provide the City an Acord certificate as proof of liability insurance in the amount of One Million Dollars ($1,000,000.00) per occurrence combined bodily injury and property damage that states 0 who the provider is, the amount of coverage, the policy number and when the policy and provisions provided are in effect. Coverage shall include: (i) coverage for all liability of the City and its officers, agents and employees arising out of the use and/ or occupation of the Center; (ii) a Washington Stop Gap endorsement; (iii) and also Tenants' Legal Liability coverage at a $100,000 limit covering damage to the Center. Said policy shall be in effect for the duration of this Agreement. The policy shall name the City, its elected officials, officers, agents, and employees 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) days' prior written notice. The insurance shall be on an occurrence form with an insurance company rated A -IX in Best's Guide or companies approved by the City. A copy of all such policies shall be provided to the City upon request. C. Automobile Liability Insurance. The OIC will also furnish the City with an Acord certificate as evidence of automobile liability coverage in the amount of $1,000,000 per occurrence combined bodily injury and property damage limits. The policy will cover all owned, non -owned and hired vehicles. D. Tenants Must Carry Liability Insurance. The OIC shall require that all tenants of the Center maintain and provide proof of liability insurance coverage in accordance with Subsection B of this section, including but not limited to the same level of coverage and naming the City, its officers, agents, and employees as additional insureds. E. City Does Not Provide Insurance for OIC. It is understood that the City does not maintain any form of insurance for OIC, its officers, employees, volunteers and/ or agents. F. Worker's Compensation. OIC agrees to pay all premiums provided for by the • Workman's Compensation Act of the State of Washington. Evidence of OIC's workers' compensation coverage will be furnished to the City. OIC holds the City harmless for any injury City of Yakima and OIC of Washington Page 11 of 17 SECC Operating Agreement or death to the contractor's employees while performing this Agreement. G. Insurance Provided by Subcontractors. OIC shall ensure that all subcontractors it utilizes for work/services rendered under this Agreement shall comply with all of the above insurance requirements. 27. Indemnity. OIC agrees to protect, defend, indemnify, exonerate, and hold harmless the City, its elected officials, agents, officers and employees (hereinafter "parties protected ") from (1) any and all claims, demands, liens, lawsuits, administrative and other proceedings, and (2) any and all judgments, awards, losses, liabilities, damages (including punitive or exemplary damages), penalties, fines, costs and expenses (including legal fees, costs 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 solely or concurrently caused by, arising out of, or related to any actual or alleged act, action, default or omission (whether intentional, willful, reckless, negligent, inadvertent or otherwise) resulting from, arising out of, or related to OIC's provision of services, work or materials pursuant to this Agreement. OIC further agrees that it 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 to the parties protected hereunder. All services to rendered or performed under this Agreement will be performed or rendered entirely to OTC's own risk and OIC expressly agrees to defend, indemnify and hold harmless the City of Yakima and all of its officers, agents, employees and elected officials from any and all Liability, loss, fines, penalties or damage, inducing 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 of Yakima which result from, arise out of, or are in any way connected with the services to be preformed by OIC under this Agreement. Nothing in this section of the Agreement shall be construed to create a liability or a right of indemnification in any third party. 28. Assignment. This Agreement, or any interest herein or claim hereunder, shall not be assigned or transferred in whole or in part by OIC 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 OIC stated herein. OIC shall not assign or subcontract any portion of the services provided within the terms of this Contract without obtaining prior written approval from the City. All terms and conditions of this Agreement shall apply to any approved subcontract or assignment related to the Agreement. 29. Modification. Either party may request changes in this Agreement, however, no change or addition to this Agreement shall be valid or binding upon either part unless such change or addition be in writing, and executed by both parties. 30. Severability. A. If a court of competent jurisdiction holds any part, term or provision of this Agreement 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 City of Yakima and OIC of Washington Page 12 of 17 SECC Operating Agreement 0 Agreement did not contain the particular provision held to be invalid. B. If any provision of this Agreement 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 Agreement shall be deemed modified to conform to such statutory provision. C. Should the City determine that the severed portions substantially alter this Agreement so that the original intent and purpose of the Agreement no longer exists, the City may, in its sole discretion, terminate this Agreement. 31. 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 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. 32. Termination. Either party may terminate this Agreement, with or without cause, by giving the other party sixty (60) days written notice of termination. If OIC fails to comply with the terms and conditions of this Agreement, the City of Yakima ONDS may pursue such remedies as are legally available including but not limited to, the 0 termination of this Agreement in the manner specified herein. A. Termination for Cause. If OIC fails to comply with the terms and conditions of this Agreement and any of the following conditions exist: 1. The lack of compliance with the provisions of this Agreement are of such scope and nature that the City of Yakima ONDS deems continuation of this Agreement to be substantially non - beneficial to the public interest; 2. OIC has failed to take satisfactory corrective action as directed by the City of Yakima ONDS or its authorized representative within the time specified by same; 3. OIC has failed within the time specified by the City of Yakima ONDS or its authorized representative to satisfactorily substantiate its compliance with the terms and conditions of this Agreement 4. OIC has failed to comply with Section 32 concerning "Conflict of Interest ". The City of Yakima ONDS may terminate this Agreement in whole or in part, and thereupon shall notify OIC of the termination, the reasons therefore and the effective date provided such effective date is not prior to notification to 01C. After this effective date, no charges incurred under any terminated portions are allowable. B. Terminations on Other Grounds. This Agreement may also be terminated in whole or in part by mutual agreement of the parties. • C. Termination for Withdrawal, Reduction or Limitation of Funding. In the event that funding from the Federal government is withdrawn, reduced or limited in any way after the City of Yakima and OIC of Washington Page 13 of 17 SECC Operating Agreement effective date of this Agreement, and prior to its normal completion, the City of Yakima ONDS may summarily terminate this Agreement as to the funds reduced or limited, notwithstanding any other termination provision of this Agreement. If the level of funding so reduced or limited is so great that the City of Yakima ONDS deems that the continuation of the program covered by this Agreement is contrary to the public interest, the City of Yakima ONDS may summarily terminate this Agreement in whole notwithstanding any other termination provisions of this Agreement. Termination under this Section shall be effective upon receipt of written notice by OIC or its representative. The City of Yakima ONDS agrees to promptly notify OIC of any proposed reduction in funding by Federal or other officials. OIC agrees that upon receipt of such notice it shall take appropriate and reasonable action to reduce its spending in the affected funding area so that expenditures do not exceed the funding level which would result if said proposed reduction became effective. This Agreement is further subject to termination by the City of Yakima upon written demand by the City of Yakima ONDS for assurances that the terms of the Project Description are timely complied with, if such assurances are not made to the City's satisfaction within thirty (30) days of the date of such written demand. D. Closeout. In the event that this Agreement is terminated in whole or in part for any reason, the following provisions shall apply: 1. Upon written request by 01C, the City of Yakima shall make or arrange for payment to 010 of allowable reimbursable costs not covered by previous payments. 2. OIC shall submit within thirty (30) days after the date of expiration of this Agreement, all financial, performance and other reports required by this Agreement, and in addition, will cooperate in a program audit by the City of Yakima or its designee. 3. In the event a financial audit is not performed prior to closeout of this Agreement, the City of Yakima ONDS retains the right to withhold a just and reasonable sum from the final payment to OIC after fully considering the recommendation on disallowed costs resulting from the final audit. 33. Covenant Against Contingent Fees. OIC warrants that no person or selling agency has been employed or retained to solicit or secure this contract upon an agreement or understanding for a commission, percentage, brokerage or contingent fee, excepting bona fide employees or bona fide established commercial or selling agency maintained by OIC for the purpose of securing business. The City of Yakima ONDS shall have the right, in the event of breach of this clause by OIC, to annul this Agreement without liability or, in its discretion, to deduct from the Agreement the price or consideration or otherwise recover the full amount of such commission, percentage, brokerage or contingent fee. 34. Conflict of Interest. The City may, by written notice to OIC: A. Terminate this Agreement if it is found, after due notice and hearing, by the City that gratuities in the form of entertainment, gifts, or otherwise offered or given by 01C, or agent or representative of OIC, to any officer or employee of the City of Yakima, with a view towards securing this Agreement or securing favorable treatment with respect to the awarding or amending or the making of any determinations with respect to this Agreement. City of Yakima and OIC of Washington Page 14 of 17 SECC Operating Agreement B. In the event this Agreement is terminated as provided in (A) above, the City of Yakima shall be entitled to pursue the same remedies against OIC as it could pursue in the event of a breach of the Agreement by OIC. The rights and remedies of the City of Yakima provided for in this clause shall not be exclusive and are in addition to any other rights and remedies provided by law. C. OIC warrants and covenants that it presently has no interest and shall not acquire any interest, directly or indirectly, which could conflict in any manner or degree with the performance of its services hereunder. OIC further warrants and covenants that in the performance of this Agreement, no person having such interest shall be employed. D. No employee, agent, consultant, elected official, or appointed official of OIC may obtain a financial interest or unit benefits from a HOME - assisted activity, either for themselves or those with whom they have family or business ties, during their tenure or for one year thereafter. 35. Certification Regarding Debarment, Suspension or Ineligibility and Voluntary Exclusion — Primary and Lower Tier Covered Transactions. OIC, defined as the primary participant and it principals, certifies by signing these General Terms and Conditions that to the best of its knowledge and belief that it: A. Is not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency. B. Has not within a three -year period preceding this Agreement, been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public or private agreement or transaction, violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, receiving stolen property, making false claims, or obstruction of justice; C. Is not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this section; and D. Has not within a three -year period preceding the signing of this Agreement had one or more public transactions (Federal, State, or local) terminated for cause of default. 1. OIC agrees by signing this Agreement that it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction. 2. OIC further agrees by signing this Agreement that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered Transaction," as follows, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions: LOWER TIER COVERED TRANSACTIONS S a) The lower tier contractor certifies, by signing this Agreement that neither it nor its principals is presently debarred, suspended, proposed for debarment, City of Yakima and OIC of Washington Page 15 of 17 SECC Operating Agreement declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. b) Where the lower tier contractor is unable to certify to any of the statements in this Agreement, such contractor shall attach an explanation to this Agreement. 36. Rights In Data. The City of Yakima ONDS may duplicate, use and disclose in any manner and for any purposes whatsoever, and have others so do, all data delivered under this Agreement. OIC hereby grants to the City of Yakima, a royalty -free, non - exclusive and irrevocable license to publish, translate, reproduce, deliver, perform, dispose of and to authorize others to do so, all data now or hereinafter covered by copyright: Provided, that with respect to ' data not originated in the performance of this Agreement such license shall be only to the extent that OIC has the right to grant such license without becoming liable to pay compensation to others because of such grant. OIC shall exert all reasonable effort to advise the City of Yakima ONDS, at the time of delivery of data furnished under this agreement, of all invasions of the right of privacy contained therein and of all portions of such data copied from work not composed or produced in the performance of this Agreement and not licensed under this clause. OIC shall report to the City of Yakima ONDS, promptly and in written detail, each notice or claim of copyright infringement received by OIC with respect to all data delivered under this Agreement. OIC shall not affix any restrictive markings upon any data, and if such markings are affixed, the City of Yakima ONDS shall have the right at any time to modify, remove, obliterate or ignore such markings. 37. Survival. Any provision of this Agreement which imposes an obligation after termination or expiration of this Agreement shall survive the term or expiration of this Agreement and shall be binding on the parties to this Agreement. 38. Notices. Unless stated otherwise herein, all notices and demands shall be in writing and sent to the parties to their addresses as follows: TO THE CITY: Richard A. Zais, Jr. City Manager Yakima City Hall 129 North Second Street Yakima, WA 98901 TO OIC: Ronnie Williamson OIC of Washington 815 Fruitvale Boulevard Yakima, WA 98902 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 mailed or hand - delivered at the addresses specified above. 39. Integration and Supersession. This Agreement sets forth all of the terms, conditions and agreements of the parties relative to the subject matter hereof and supersedes any and all such former agreements, which are hereby declared terminated and of no further force and effect upon the execution and delivery hereof. There are no terms, conditions or agreements City of Yakima and OIC of Washington Page 16 of 17 SECC Operating Agreement • with respect thereto except as herein provided, and no amendment or modification of this Agreement shall be effective unless reduced to writing and executed by the parties. 40. Governing Law. This Agreement shall be govemed by and construed in accordance with the laws of the State of Washington. 41. Venue. The venue for any action to enforce or interpret this Agreement shall lie in the Superior Court of Washington for Yakima County, Washington. CITY OF YAKIMA O.I.C. OF WASHINGTON By: By: R.A.Zais, Jr., Ronnie Williamson City Manager Board Chair Date: Date: ATTEST: • Deborah Moore, City Clerk 41) City Contract No. Resolution No. • ID City of Yakima and OIC of Washington Page 17 of 17 SECC Operating Agreement 2 3 -a 'Z''-.7:4t.°3: 4 Z , W . , :,; , , ,. t. S v r ' / s a # EXHIBIT A ,._ ._. ..,,,„_ •-e-, , Henry Beauchamp Executive Director May 10, 2004 P4 City of Yakima . H I29 North Second Street Z Yakima, WA 98901 SUBJECT: RESPONSE TO II I' NO. 1040I...SOUT! t EAST YAKIMA "4 Z COMMUNITY CENTER H Z Enclosed please find OIC of Washington's (formerly Yakima Valley OIC) response to d your request for proposals to operate and manage the Southeast Yakima Community H Center, a responsibility we feel well qualified to carry out. 0 OIC of Washington, a Washington State 501 (c) (3) Nonprofit Corporation, with an 04 . 44 G t44 annual budget of over $11 million has a strong interest in the rejuvenation and (4 sustaining of the Southeast Center. This Center has a long and illustrious standing in 0 H the Southeast Area and is known as an institution that serves the total on community...from birth to death. Not only does it have a long standing reputation 1110 ; for providing myriad services, it has deep meaning for many of the residents of the A community, especially the elderly African American population who remember 1 when it was first established over 43 years ago. OIC wishes to maintain that reputation and respect that meaning by attempting to bring PROGRAMS it back to the vibrancy it once enjoyed. The fact that two of the principals of this Education a proposal...Mr. Henry Beauchamp and Ms. Ester B. Huey, have previous very job Training; la successful involvement with managing the Center will be a great plus; they know the Haulm, a Center, they are familiar with the needs of the community and enjoy the good will of a iSITIITIU II i I v EI majority of residents in the community. Combined with the strength of Mr. Steve Services Mitchell who has an excellent background in education for children and youth, we LOCATIONS believe we can restore the Center to its previous standing. It is our belief that the Yakima a combined managerial strength and passion of Mr. Beauchamp, Ms. Huey and Mr. Wenatchee tz Mitchell, and the goodwill of the Yakima Community, we can accomplish the Center's 1',."�" a original mission of providing relevant and important services to all residents of S "` t " .ttk Southeast Yakima to enable them to become and remain self sufficient, contributing 11t. \ Mow, Lake g citizens to the well -being of our total community. ElienNburg; n Cie Elum © If OIC is awarded the Management Contract, we will immediately begin to seek out adequate funding for a very qualified Program Manager/Developer who will be responsible for the day - to-day operation of the Center. In the meantime, the Core - Ilbc @yvoic.org a Phone: (509) 248 -675 0 1'a Y: (509) 575.1482 Headquarters: 815 rruitvale Boulevard, Yakima, WA 98902 • Page 2 Response to RPP NO. 10401 Southeast Yakima Community Center Management Team made up of Mr. Beauchamp, Ms. Huey and Mr. Mitchell will assume that responsibility. We intend to be very careful in selecting leadership and staffing for the Center as we realize that it is imperative that successor "grooming" take place so that the Center will not suffer from the type of failures it has experienced in the past. The content of this proposal addresses the immediate need to begin operation and provision of services. Those are identified as short-term goals. One of our long -term visions if we are awarded the contract is to explore the possibility of developing a Yakima Youth Employment, Education and Service Center as part of the Center's services. If awarded the contract, we will start discussions with other youth service leaders to explore this possibility. We have a successful model to follow...the former Gang Prevention - Intervention Program that brought all youth service providers together to provide a collaborative program to reduce negative factors in the community. We will study that model carefully and explore the potential to expand it to all services for youth operated from a central location. As with all OIC services, services from the Southeast Yakima Community Center will be provided without regard to race, creed, color, national origin, economic status, sexual orientation, etc. No resident of Southeast Yakima will experience disparate treatment at the Center. We are appreciative of the opportunity to further serve our community through the operation of the Southeast Yakima Community Center and are confident OIC can accomplish the conditions of the Owner in providing services to that community. Therefore, your careful consideration of this proposal is greatly appreciated. Si cerely, ' low Henry Beau ��� Executive 1 - ctor /CEO • PROPOSER'S CHECKLIST The Proposers attention is especially called to the following items, which must be included or addressed in the proposal: / • One (1) original and four (4) copies of the Proposal �/ ® Identify outside of sealed envelope, per page 4, Paragraph A, 3. d Submit. Proposal by 2:OOpm, May 13, 2004 ® A detailed plan, describing how your organization ✓ see Business Proposes to meet the Specifications for Managing, Questionnaire Operating, and Maintaining the Center e Financial Statement see Attachment #3 ® Equal Opportunity Program Information V'see Attachment #1 Resumes of all management candidates see Attachment #5 S o Literature, Brochures, etc. V see Attachment #1 a A written statement attestin g that the firm will ` see Attachment #2 Provide all required services to the Owner ® A resolution from your Board of Directors, if applicable, approving or authorizing a designated agent to bind the corporation ® Board of Personnel Inventory Form t/ see Business uestionnaire, Pg. 6 ® Schedule "A", Proposal Farm e Schedule ``B" Business Q uestionnaire • Letters of Support Y see Attachment #6 O SCHEDULE "A" ID PROPOSAL FORM Proposal of: OIC of Washington Address: 815 Fruitvale Blvd., Yakima, WA 98902 Date: May 11, 2004 TO: The City of Yakima ( "The Owner ") The undersigned hereby offers to enter into the Operating Agreement at Southeast , Yakima Community Center, Yakima, Washington, to manage, operate, and maintain the Center, under the terms and conditions set forth in said contract, in this Proposal Form and in the Instructions to Proposers, for a term of five (5) years, commencing on July 1, 2004, with two (2) possible five (5) . year contract extensions, for a total of 15 years. Execution of this option shall be.per the terms and conditions as set forth in the final agreement. N/A has received, reviewed, and agrees to Addenda (s) , , and . III are agreed terms and conditions of this proposa l ar gr eed to on this day of the year 2004. BY: Henry Beauchamp Typed n me (officer) SIGNATURE. �; ,ti.. J1 :,1 ,� . _ . _.,. 9 Mir TITLE: Executive Director ■ COMPANY: OIC of Washington ADDRESS: 815 Fruitvale Blvd., Yakima, WA 98902 DATE: May 10, 2004 PHONE: 509 -457 -2904 0 , 1 SCHEDULE "B" 0 Request for Proposal No. 10401 BUSINESS OUESTIONNAIRE for: - CONTRACT TO MANAGE, OPERATE, AND MAINTAIN THE SOUTHEAST YAKIMA COMMUNITY CENTER YAKIMA, WASHINGTON Minimum Financial and Experience Requirements: The Proposer submitting this proposal warrants that said Proposer has the following qualifications' 1. That the Proposer has been in continuous existence for a period of the past three (3) years, or more. 32 years 2. That the principal Proposer or its parent company can satisfy all requirements as noted under Proposers Qualifications in the Instructions to Proposers Section of this package. Additional information should be attached to this Business Questionnaire as Addendum information. Yes ' . ID 3. Number of years experience of the Proposer making this proposal in the operation of a community center or like operation. 32 years Type of Operation Years of Experience OIC of Washington has provided education, 32 employment and training, community services, housing services and health care services to low income, disadvantaged, minority, and other residents throughout the State of Washington. 4. Give the names and locations of places of the above mentioned agencies, together with the dates of operation (attach additional pages as necessary): See Attachment #I, OIC Brochure which outlines services and service locations. 5. Have any contracts for the operation of neighborhood services, etc., held by your organization ever been canceled? No. 6. Bank References: Key Bank Yakima, WA Bank of America Yakima, WA 2 101 ® 7. Proposer should list qualifications that enable Proposer to provide Social Services at the Center. OIC of Washington, (formerly Yakima Valley OIC) has over 32 years of program /project/facility management experience. Currently, OIC operates 18 projects throughout the State of Washington and most recently acquired a failing Skilled Health Care Facility in Seattle that had experienced a stop placement (closure) order from the • State of Washington. In its 32 years of service to residents throughout the State of Washington„ we have never experienced a failure to successfully perform a contract/program. Our Audits have been clean and we have had neither exceptional audit findings nor disallowed costs. Over 90 percent of our contracts have been re- funded over and over and we have held some of them for over 20 years, successfully accomplishing the goals and objectives year after year. This repeat performance attests to the strength and competence of OIC to manage, operate and maintain services to the disadvantaged populations of our State. Mr. Henry Beauchamp is Executive Director /CEO of OIC, and formerly very successfully directed the Southeast Community Center. Mr. Beauchamp has over 35 years of experience in Nonprofit Management. He has successfully built OIC into the second largest OIC in America; and, operates the most diverse program among all the other OIC operations. He is respected throughout the State of Washington and across the Nation for his vision, creativity, innovation and ability to develop and sustain self sufficiency programs for low income, disadvantaged and minority populations. His passion and commitment to the people he serves and the OIC mission is apparent in all activities and services. Mr. Steve Mitchell, Deputy Director of OIC, will bring his vast knowledge of education service and management of the same to the Center. A past teacher, principal and Deputy Superintendent in the Yakima Public Schools, he brings valuable knowledge of the needs of children and their social as well as educational needs to this project. His expertise will be integral to the development of programs to make Southeast children whole. • Ms. Ester B. Huey, currently Assistant General Manager of the OIC Leon Sullivan Health Care Center and former Manager of the Southeast Community Center, has a proven track record for "reviving" failing projects. Her recent experience, success, and knowledge of the Southeast Community Center will be invaluable as we begin the "rebuilding" of this facility and its services. All three of these administrators have a passion and a love of the Southeast Community Center and its importance to the community. This passion and commitment will translate into a plan of action that will ensure adequate programs, grant funding and social activities that will be integral to the growth and well -being of the City of Yakima as it grapples with what the future, including the downtown area, will look like. In that vein, we will work with the local Chamber of Commerce, the various Development Associations, State and Federal Agency Partners, Workforce Boards, Corporate Partners and Foundations, For a Better Tomorrow, the City of Yakima, the Yakima County Commissioners, the Washington State Fair Association and others to develop • collaborations and partnerships knowing that strengthening' the Southeast Community Center will also strengthen Yakima. 3 R. Proposer should explain your operational expertise in facility management. Currently, OIC owns and /or manages the following facilities: • The headquarters building... an old lumber company site that OIC renovated/rebuilt to house many of the OIC services, at 815 Fruitvale Boulevard; (OIC owned) • The Excel High School site across the street from the headquarters building; (OIC owned) ® The Community Service site located at 10 Avenue and Hathaway; (OIC owned) o The local federal Social Security Building next door to the headquarters complex, - which we built to their specifications and now hold a long term lease with them; (OIC owned) ® The OIC Bingo Hall and adjacent leased tenant spaces located at Third Avenue and Mead; (OIC owned) o. The Leon Sullivan Health Care Center located at MLK, Jr. and Dearborn Avenues in Seattle; (OIC owned) • Leased program space in other cities throughout Washington State. If one were to tour any of the sites above, it would be readily apparent that OIC takes pride in its facilities and grounds. All sites are well maintained and our landlord/tenant relationships are excellent. We will carry this same attention to the Southeast Community Center to ensure that the building is well maintained and appropriate tenants and programs are operated for the benefit of the residents in that area. If successful in being awarded the contract, we would like the opportunity to do a complete analysis of the maintenance /facility needs and negotiate an appropriate annual maintenance agreement compatible to the agreements with the Capital Theater and the Yakima Convention Center. We will also want to negotiate controls regarding the rental of the Gym for various activities as initially, this venue will need to be a source of income for the Center. 9. In addition to existing tenants, Proposers should identify what type of tenants and events it expects to lease space to at the Center. In addition, how will you accommodate existing tenants? It is not the intent of OIC to displace any present tenant; we will however review the leases and the services being provided to ensure that their programs are designed to meet the needs of Southeast Residents as a priority. In addition, we will conduct a study of rental fees to ensure that lease payments are adequate to support basic Center upkeep such as utilities and routine maintenance; if adjustments need to be made, present tenants will be given notice that at the end of present lease agreements, adjustments will take place. 10. Proposer should describe the type of services it intends to provide at the Center. 4 It will be a priority of OIC to seek out service provider tenants who fit within the goals of the Center's Mission to accomplish, develop and maintain self - sufficiency • and wellness for all Southeast residents. Examples of service providers we have already engaged in discussion with are: o Yakima Valley Memorial Hospital for a Health and Wellness Program to be operated out of the Center, (Mr. Rick Lenneweh); © Yakima County Community Services Division for programs to prevent juvenile delinquency and substance abuse, as well as the possibility of identifying funds for an offender project designed to prevent first -time offenders from re- offending and working with established job training development programs to provide meaningful employment (Mr. Steve Hill); o Educational Service District (ESD) 105 for tutorial programs to enhance and compliment 1{ - 6 education for children in Southeast Yakima (Mr. Mary Purvis); • Educational Service District (ESD) 105 for community mobilization programs to make Southeast a safe and well community where people are proud to be residents and feel confident in the safety of themselves and their children. (Mr. Mary Purvis) Yakima School District in regarding ancillary academic learning programs operated from the Center. (Mr. Ben Soria) o Community Members about how they can assist us in re- establishing the Senior Lunch Program and identifying volunteers to assist in the provision of the same; ® Community Members who are interested in re- initiating some of the neighborhood sports programs previously operated by the Substance Abuse 11111 Coalition. If awarded the contract to operate the Center, one of the first programs we will start -up will be an after school activity program in the Gym to ensure that children and youth of the community have a "safe haven" that is protective and enriching, and shields them from engaging in self defeating negative activities. We will also initiate activities designed to establish the Center as a major Social Center for adults and seniors in the community. To accomplish some of the above outlined activities (if awarded the contract), we will immediately make application for Community Development Block Grant Funding to assist with start -up costs including some funds for a Program Manager, and start -up funding for various youth activities. Additionally, we would like to negotiate an agreement with the City of Yakima to continue to support the Center for approximately six months until a thorough assessment of its conditions, etc., can be completed and firm tenant and other funding can be identified. 11. Proposers should list, in narrative form, their community activities relative to other similar projects where they provided mentorships, internships, etc., to all sectors of the community. See Attachment #1, OIC of Washington Brochure which outlines community activities and projects OIC has been and currently is involved with. I2. In November 2003, four neighborhood meetings were held to gather input from citizens on desired services at the Southeast Community Center. Schedule "E" 5 (attached) summarizes the public input. Please describe how your agency will meet these public suggestions. We have carefully reviewed the information from the public meetings held by Yakima Parks and Recreation in November 2003 and have taken it into consideration as we constructed this proposal. Much of what the input addresses, we have addressed in the proposal, i.e. social, educational, recreational needs for youth as well as seniors. As stated in other places in the proposal, what we do and how we do it will depend on the available resources; as we build resources, we will build programs aimed at the most critical areas of community need. It should be noted however, that all programs developed will be directly related to the Southeast Center Service Area. To that end, we will continuously be alert to changing needs and seek out ways to address them. We will always be open to advice and suggestions from the advisory committee and the community as a whole. It should be noted here that all OIC programs are based on the needs of the community it serves. 13. Proposer should identify all officers and board members of the organization including name, address and telephone number of each such person. 1. PHILLIP AMBROSE, III (Yakama Indian Nation Member) Yakima, WA /98908, CeII # - 952 -9021 Post Office Box 1404 Zillah, WA 98953, Work # - 454 -4116 8. O.E. `BUS' HOLLIINGBERY (Business) 2. DRANK BACON 515 Follow Through Drive (Business) Yakima, WA 98901, Home # - 248 -6436 1 1 1 Gilbert Drive Yakima, WA 98902, Home # - 248 -6187 9. RALPH HUCK (Community at Large) 3. AL BRADLEY 215 South 57 Avenue (Low - Income Community) (Retired) Yakima, WA 98908, Horne # - 966 -3887 109 South 8 Street Yakima, WA 95901, 1 tot c 11 - 972 - 2072 10. SADIE LEE 4. EDNA BROOKS - PITTMAN (State Government/Retired) '11 16 Main Street Post Office Box 11044 Union Gap, WA 98903, 1-lome /1469 -7993 Yakima, WA 98909, I lome # - 453 - 0289 5. REV. MELFORD GERMAN 11. MARGARET LUERA (Church /Low - Income Community) (Retired) (Business) 515 East Arlington Street Bank of America Client Manager Yakima, WA 98901, Home # - 457 -4409 101 North 2" Street Yakima, WA 98901, Work # 577 -7994 6. ABE GONZALES (Business) (Retired) 12. KATHI MERCY 83 Greenview Drive (Business) Yakima, WA 98908, Horne # - 965 -1451 Post Office Box 50 Yakima, WA 98907, Work # - 248 - 1360 7. JOEL GUTIERREZ, Secretary/Treasurer (Business) 512 North 64''' Ave. 6 13. BERTHA ORTEGA 15. NANCY SMITH BUCK 411 (Education) (Business) Asst. Vice President For External Affairs Human Resource Manager of Tree Top Heritage College 220 East Second Avenue 3240 Fort Road Selah, WA 98942 -0248, Work # - 698 -1445 Toppenish, WA 98948, Work # - 865 -8529 14. DOUG PETERS 16. RONNIE WILLIAMSON (Communit (Church/Low- Income Community) 1208 Freemont Hills 1106 South 7 Street Selah, WA 98942, Home # - 697 -8232 Yakima, WA 98901, Home # - 453 -0179 • 7 0 ATTAC '‘% 'ENT #1 • ak, s IJITP -". /BR • wr 0 0 PROGRAM S ti ` `a r. eV 4 k Since its inception in 1970, OIC of Wash _Community Services /Energy Assistance/Fo Ba ` - L"; 1419 Hathaway, Yakima WA �t ington's mission has been to help In the elimination of unemployment, poverty, (509)452-7145 and illiteracy so that people of all colors = $"'� c l Educational Programs " +— , 'g- - .,k ' , and creeds can live their lives with 1 'r + �' A b s tinence Education o � "' t j greater dignity. Our vision is to afford a ± g l 1206 Fruitvale Blvd., Yakim WA second chance to families with multiple S ga �( s ��! life challenges such as housing, educe- (509)248-6751 ' , ; 5 � � 1; V , tion, gang culture, or lack of skills by ena Excel High School = - Piing them to complete their high school 1206 Fruitvale Blvd., Yakima WA education, attend higher education, enter (509)249 a branch of military service, or receive GED Assistance vocational and employment training 815 Fruitvale Blvd., Yakima WA through program services. (509)457 - 2914 Project Literacy !� 815 Fruitvale Blvd., Yakima WA Opp ortunities for a OIC of Washington provides services (509)454 - 4610 • » through five major divisions including Li tetin e Education, Employment and Training, Employment & Training Programs Community Services, Housing Services and Health Care Services. AmeriCorps/AmeriCorps VISTA 815 Fruitvale BIvd., Yakima WA (509)457 -7900 = yra, if' , z� ;' 'tt . For over 30 years, OIC has been and con Sunnyside, (509)839 - 2717 ` .p' tlnues to be dedicated to helping thou Ex- Offender Orientation j /' * ' ' fr1x� x � .. '�`'� uG° : °• r: sands of individuals improve the quality 815 Fruitvale Blvd., Yakima WA �?���,r• '•t.�t�;tF••ssa�� >�^%�� ,�'• • �•, t,. � S' AWIC «, ;,:,?'.(1, ;,; .! ;tray. ; Rig .f�:, k 4 _;,,: of their lives. Through Innovative coilabo- (509}457 293t j i -, A ti , s sx ,,; dab; rations and partnerships with our commu Washington Farmworker Investment Program nity and our clients, we look forward to 815 Fruitvale Blvd., Yakima WA ^ J =.1r i -' ' M' many more years of making our vision for (509)454 - 7913 l e y n # &' we t ''��` "� sa • the underserved people a working reality ( } �wi'` ` ', p P t; t Y 509 765 - 1721, Moses Lake WA s t .., ,,, 5, ., _ in Central and Eastern Washington, for �,;, r w gt (360)336 - 2938, Mount Vernon WA r "" present and future generations. (509)545 - 0484, Pasco WA '"` t � ` 3 *V 1 r. i s_ nJ Beackamp, (509)839 -0204, Sunnyside WA .Exiative Diratcr (509)665 -3727, Wenatchee WA OIC of Washington Headquarters WIA Youth Employment & Training Program\ 815 Fruitvale Blvd., Yakima WA (509)457 -2913 • , .tz (509)962 -8098, Ellensburg WA 815 Fruitvale Blvd. .. 'w° ° -t Yakima, WA 98902 Health Care Services Leon Sullivan Health Care Center i.i;•� =;c 'r:;.;.. ,;:;': (509) 248 fi751 .. .:;.:: ... .:: : .:.:.: �, ; 2611 South Dearborn, Seattle WA (509) 575 -0482 Fax OIC of Washington, formerly Yakima Valley OIC, (206) 325 - 6700 Housing, Repairs & Weatherization 1419 Hathaway, Yakima WA (509)452 -2555 Educational Programs Ex- Offender Orientation Weatherization & Repair V Age: 16 and older, with other requirements Services �s 1;; s Abstinence Education What: Serving individuals throughout Yakima What: Weatherizing, re ,_,' 5 . , :.�. �• /4 '� Age: 12 -19 ; County who have been incarcerated and are work- pairing and preserving . =1 ra' � � What: Utilizing the "Families United to ing toward completing their education, preparing homes for low- income ,, t , Prevent Teen Pregnancy" curriculum, fo- for college, and/or obtaining employment. families to help reduce the 511.1.Q.:. r / Cost of heating bills, in- Housing le Wcuthcrization cos is on abstinence until marriage, reduc- '�� - �_ crease energy efficiency ing teen pregnancy and prevention of sexu- -g`: Washington Farmworker ally transmitted infections. ,7 ; . ,ua t Investment Program and preserve housing stock. i 1 �.r 3 j Age: 14 and older '' 1 • 'i ` What: Providing a com Excel High School /GEIJProgram t - ,;, ., g re- p Grades: 9-12 for Excel; 16-21 for GED hensive array of employment Health Care Services Farmworker Investment Leon Sullivan Health Care Center What: Working in conjunction with area Program and training services . to migrant school districts to provide and seasonal farmworkers, and What: Named after the late Dr. Leon Sullivan, educational instruction emergency services to migrant farrnworkers founder of OIC, Leon Sullivan Health Care toward high school and/or ry , - ,.- throughout the State of Washington. Center provides a full range of health care ser- GED completion, with a t,; . l Y vices including 24- hour -a -day professional focus on vocational ,_, : ': ;: t= nursing and medical services, Alzheimers care, . .. y f St + ,Y�� WIA Youth Employment & private rooms, and more. Located in Seattle, classes such as mainte- �i ,: Age: 14 -21 Hance, administrative as 6y. � r p *�s law Washington, within five minutes of the major , What: Providing economically disadvantaged sistant proficiency, music /`" youth (in- school & out -of- school) with employ- Seattle area hospitals. media recording and m ent and training services and educational assis- : ;: i:';0041; ': '"• x�:,, `7:5 :i. s„ more. Excel High School g ss ..'0,, . ; n . , };` 3'.• 'A ,w-. lance. 4:•. s `. , NA: Project Literacy Services it : ; .t° o mmuny r • : y Age: 21 and older Cf : r a . What Providing free one -on -one and Community Food Programs i r u;, small group tutoring for What: Assists individuals in Yakima County with $' a variety of food services including food and ion A �µ se a paren and o adu y g fd bank Sullivan Health Care Center, S arue. wa�hin q� )0-1,'"--,810, t �' commodity distributions i b as i c literacy skills t f f mss;.,- ,e-t1.`1 -: : ;iii. :4 t .it t�• -v � and English as a Second � r ••_ Energy Assistance O firi a� � t Language, t: ,a 4r` r Executive Director t What: Assisting low - Htnleet Literacy income households by sub- `t : t - ' �' ::. Henry Beauchamp sidizing their heating bills ;; , Deputy Director Employment & Training during the winter months. Steven Mitchell AmeriCorps /AmeriCorps VISTA Community Hence Age: 18 and older Board of Directors What: Serving elementary and high school Housing Services . Phillip Ambrose Frank Bacon teams throughout Yakima County, Ameri- Home Financial Planning & Loan Approval Aid - Al Bradley Nancy Smith Buck Corps Members focus on tutoring and What: Assisting individuals of Yakima County in Metford German Abe Gonzales reading assistance, building community & filling out loan applications and securing loans for Joel Gutierrez Bus Hollingbezy school partnerships, encouraging parental qualified individuals. Helping with gap financing Ralph Huck Sadie Lee involvement, mentoring, promoting liter- and homebuyer education so qualified families Margaret Luera Kathi Mercy acy and recruiting volunteers. may purchase homes built by OIC participants. Bertha Ortega Doug Peters Edna Brooks - Pittman Ronnie Wi Lamson 0 ................................................._.............................,.........,...............,...................._......... ............................... 0 • .. . . • • 11/4 T AC" 'ENT #2 • I it. 1 1 EN ST kTiii, ?TNT 4 0 Written Statement attesting that OIC will provide all required services to the Owner: It is the intent of OIC of Washington to follow all conditions as outlined in the contract between the Owner and OIC. Further we guarantee that we will perform all services included in the contract in an acceptable manner and will provide the Owner with any and all requested information and reports regarding the same. We will carry -out the responsibilities of the contract in the same manner as any Contract OIC would receive. SIGNED +u..�c I 4 , 4 11 L�!" DATE d 6 ‘Or 0 0 Two other organizations submitted proposals, het neither has the experience nor clout that p and Huey can bring Beauchamp y enc to the project We believe that even a sketchy plan with these 0 0 0 N 0 0 00 00000 0 0 O 6 ,® 0 0 -0 S 0 O two veteran community leaders at the helm is the ----y t 2 e t � best way to go. And city staff members involved 0 ! 1 with the process seems to agree: WITH '� C B �' U E Y "We can rely on Henry and Ester," Chris Waar- Wick, the city's Public Works director, told the City council last week "(They) know what this corn- V V ®�1ld Be munityneeds" They also recognize the changing needs. When Placing the Southeast Center was built, the neighborhood Center surrounding it was the heart of the African-Amer- ican community in Yakima. But times do change; in Capable ands the l Census showed that 67 percent of the res- idents in the almost two square miles around the center claimed Hispanic heritage, while blacks • f you believe in the adage that one person can made up just 4 percent of the same area. truly make a difference, consider what hap - Beauchamp and Huey have the empathy, pens when you double that to two. And then understanding and experience to ensure that the consider that those two are HenryBeauchamp needs of the entire neighborhood are met. and Ester Huey. Our community definitely needs a resource What a difference they have made and con; like the Southeast Center; we simply cannot run • tinue to make — in this community the riskof losing this valuable asset that has been They are rightfully among the most respected a vibrant part of the city for more than three • ndividuals in the Yakima area, with i,eputations decades i nd tvpping up when he is needed. These two old friends and community activists And they done i again, with proposal to can ensure the future of the Southeast Center. We the City Council last week that they join-forces, urge the council when it votes in a few weeks to • let them again, to take over management of the Southeast Community Center. Should city officials agree to the proposal — and we.urge them to - the, center, would oper , ated. under the auspices of Valley OIC, the nonprofit oiganiiation ttt Beauchamp has run for more than 30 years.-• ' • � Beauchamp and Huey, in a last-minute pro- posal, asked for city funding to run the center — $50,000 for the rest of 2004, and $75,000 for each consecutive year for up to three years, until they find tenants to rent space and grants to pay for • programs. The money would likely come from the city's annual $1.4 million grant from the Department of U.S. Housing and Urban Development for cam munity and economic development. L Beauchamp led the • initial campaign to build the center on South Sev- enth Street 32 years ago . We can rely and Huey ran it for near- on Henry and ly 10 years under the • auspices of the now Ester. defunct Yakima Valley Substance. Abuse Coali- (They) know Lion. That nonprofit what this organization lost its funding last fall, more community than a year after Huey retired, and - returned needs. the building to its own - ers, the city of Yakima. • CHRIS WAARVICK The city hosted sever - Public Works director al meetings with commu- nity members and inJan- • - uary looked for proposals from nonprofit agencies 1 , � ,� to run the center and pro - vide the services the community asked for educational programs for 4101 s, job - training and health services. • EXHIBIT B ORDINANCE NO. 2004- 2 2 AN ORDINANCE establishing a southeast community center advisory committee to serve in an advisory capacity to the city council, city staff, and the operator(s) of the southeast community center concerning programs, services, and capital improvements of the southeast community center, adding a new chapter, Chapter 1.39, entitled "Southeast Community Center Advisory Committee"; and adding new sections 1.39.010, 1.39.020, 139.030, 139.040, 139.050 and 1.39.060 to the City of Yakima Municipal Code. BE IT ORDADIED Y THE CITY OF Y +IA: Section 1. Chapter 139 and Sections 1.39.010, 1.39.020, 139.030, 1.39.040, 1.39.050 and 139.060 are herby enacted as a new chapter and new sections of the City of Yakima Municipal Code to read as follows: "1.39.010. Southeast community center advisory committee created. A southeast community center advisory committee is hereby created as an advisory body to make recommendations to the city council, city staff, and ill the operator(s) of the southeast community center concerning the programs, services, and capital improvements of the southeast community center. 1.39.020. Appoin east, term,. and removal of members. • A. The southeast community center advisory committee shall consist of seven regular members appointed by the city council who shall serve without compensation. Regular member appointments shall be limited to individuals who reside within the city limits of Yakima. B. In addition to the regular members, the city manager or his designee shall be an ex officio member of the committee. A representative for the operator(s) of the southeast community center shall also be an ex officio member of the southeast community center advisory committee. The city council may also appoint such ex officio members as the council deems - • necessary. Ex officio metnbers shall act in an advisory capacity to the • committee and may not vote on recommendations made by the committee, or • on other items of committee business. C. The term of office of each member, other than ex officio members, is for four years unless that tenure expires by reason of death, • resignation, inability to serve or by removal by the city council; provided, however, that original appointments shall be made so that two members are appointed for four years, two members for three years, two members for two • years, and one member for one year. Any vacancy in the membership of the • • committee shall be filled for the unexpired term in the same manner as the original appointment. D. Any regular or ex officio member of the committee may be removed from the committee at any time for any reason by the city council. 139.030. Appointment of chairperson, vice - chairperson, and secretary. At the first meeting of the committee after January I of each year, the members of the committee shall appoint one of their number as the chairperson, one as vice - chairperson, and one as secretary; which persons shall hold office for one year and until their successors are appointed. 139.040 Meetings. The committee shall hold at least one regular meeting during every three calendar month period at a regular time and place to be designated by vote of a majority of the committee. Special meetings may be held at any time as called for by the chairperson, or vice - chairperson in the chairperson's absence, or by any three members requesting a special meeting. Minutes of each meeting shall be kept by the secretary and sent to the city manager and city council. All committee meetings shall be open to the public unless the • subject under consideration would be a proper subject for executive session under the Open Public Meetings Act (RCW Chapter 42.30). 139.050 Functions and duties. The southeast community center advisory committee shall serve in an advisory capacity to the city council, city staff, and the operator(s) of the southeast community center. Specifically, the committee shall have the following advisory functions and duties: A. To make recommendations concerning programs, services, and activities to be offered at the southeast community center. B. To review and make recommendations regarding the financing and budgeting for planning, development and construction of city capital improvements at the southeast community center. C. To conduct and prepare surveys, analysis, studies, and reports related to programs and services of the southeast community center and community /neighborhood needs, as directed by the city council. D. To make recommendations about any other matters related to the southeast community center as directed or requested by the city council or city staff 139.060 Staff assistance. The staff of various departments of the city, as assigned by the city manager; shall provide staff assistance and shall serve to facilitate communication from the committee to the city council and to the operator(s) of the southeast community center." committee shall be filled for the unexpired term in the same manner as the original appointment. D. Any regular or ex officio member of the committee may be . removed from the committee at any time for any reason by the city council. 1.39.030. Appointment of chairperson, vice - chairperson, and secretary. At the first meeting of the committee after January 1' of each year, the members of the committee shall appoint one of their number as the chairperson, one as vice - chairperson, and one as secretary; which persons shall hold office for one year and until their successors are appointed. 1.39.040 Meetings. The committee shall hold at least one regular meeting during every three calendar month period at a regular time and place to be designated by vote of a majority of the committee. Special meetings may be held at any time as called for by the chairperson, or vice - chairperson in the chairperson's absence, or by any three members requesting a special meeting. Minutes of each meeting shall be kept by the secretary and sent to the city manager and city council. All committee meetings shall be open to the public unless the subject under consideration would be a proper subject for executive session under the Open Public Meetings Act (RCW Chapter 42.30). 1.39.050 Functions and duties. The southeast community center advisory committee shall serve in an advisory capacity to the city council, city staff, and the operator(s) of the southeast community center. Specifically, the committee shall have the following advisory functions and duties: A. To make recommendations concerning programs, services, and activities to be offered at the southeast community center. B. To review and make recommendations regarding the financing and budgeting for planning, development and construction of city capital improvements at the southeast community center. C. To conduct and prepare surveys, analysis, studies, and reports related to programs and services of the southeast community center and . community /neighborhood needs, as directed by the city council. D. To make recommendations about any other matters related to the southeast community center as directed or requested by the city council or city staff. • 139.060 Staff assistance. The staff of various departments of the city, as assigned by the city manager, shall provide staff assistance and shall serve to facilitate communication from the committee to the city council and to the operator(s) of the southeast community center." • Section 2. This ordinance shall be in full force and effect 30 days after its passage, approval, and publication as provided by law and by the City Charter. PASSED BY THE CITY COUNCIL, signed and approved this 13 day of April, 2004. S/ PAUL GEORGE Paul P. George, Mayor ATTEST: /l/ KAREN S. ROBERTS City Clerk Publication Date: 4 -16 -2004 Effective Date: 5 -16 -2004 Certified to be a true and correct copy of the original filed in my office. .7—,2-6. CITY CLERIX B 10. .fir... .A r _. s 4 (;E At 1 ' Cam! BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No.4 I For Meeting of; April 13, 2004 ITEM TITLE: An ordinance establishing the Southeast Community Center Advisory Committee. SUBMITTED BY: Chris Waarvick, Director of Public Works Denise Nichols, Parks and Recreation Manager CONTACT PERSON/TELEPHONE: Denise Nichols, 575 -6020 SUMMARY EXPLANATION: At the January 6, 2004 Business Meeting, the City Council directed staff to prepare legislation to establish a Southeast Community Center Advisory Committee. This community -based advisory committee will meet quarterly and provide guidance on matters relating to services at the Southeast Community Center. The City does not have the funds to sustain long -term operations at the Southeast Community Center; however, the Parks and Recreation budget included $49,000 for short-term operation 0 for six months. This interim period allowed enough time to reach two goals set during the 2004 budget process. The first goal was to issue an RFP to seek out and retain an organization to manage the center. An RFP has been issued. If Council passes the ordinance establishing the Southeast Community Center Advisory Committee, the second goal will be met. Resolution Ordinance X Other (Specify) Contracts_ Mail to (name and address): Funding Source: Parks and Recreation Fund • APPROVED FOR SUBMITTAL : �P t -A City Manager STAFF RECOMMENDATION: Staf respectfully requests the City Council to pass the ordinance establishing the Southeast Community Center Advisory Committee. BOARD /COMMISSION RECOMMENDATION: COUNCIL ACTION: 0 • • 0 INVENTORY PAGE 1 t ITEM NAME DESCRIPTION QUAN SERIAL OR MODEL LOCATION OWNER 0 Book Shelf Light brown, 6 shelves 1 101 YAF002 File Cabinet Beige 2 drawer 1 101. SECC File Cabinet Black 2 drawer 1 101 MISC 718 Chair Gray tweed office chair 1 21044 101A YAF024 Telephone Panasonic 1 KXT7431-8 101A YAE019 SECC Desk Black/Grey desk with book shelf attached 1 101A YAF036 AMC #3 File Cabinet Black/Grey 2 drawer vertical style 1 101A YAT011 AMC #3 Book Shelf Dark brown, 5 shelves 1 101A MISC. 718 Chair Metal Orange with cushion 1 421480 1018 SECC Desk Black/Brown wood with metal 1 2709174 101B CSAP 721 File Cabinet Black, 4 drawer /Hon 1 669071 1018 YAF058 Telephone Panasonic 1 KXT7431 1018 YAE022 Waste basket Black Vinyl 1 1018 YAM035 SECC Bookshelf Metal beige 3 shelves 1 2294 102 YAF008 SECC Chair Brown padded vinyl 2 Cal -6019 102 YAF020 Desk Brown /Beige 5 drawer 1 329014 102 YAF037 Table Brown /beige computer table 1 102 YAF037 Waste Basket Grey 1 102 YAT032 Telephone Panasonic 2 KXT7431 102 YAE020 Board Gray /Brown Caulk 2 103 YAM001 Bookshelf Black with 20 slots 1 103 _ YAF009 Chair Metal frame w /orange cushions 2 421480 103 YAF022 Desk Metal brown w 5 drawers 1 19060 103 YAF038 Desk Brown wood /metal 5 drawer 1 103 YAF039 File Cabinet Black 2- drawer 1 103 YAF057 Telephone Panasonic 1 KXT7431 103 YAE021 SECC Waste basket Black vinyl 2 103 co Divider Light Blue 1 103 Desk Light Gray 5- drawer 1 104 YAF040 SECC Waste basket Green Vinyl 1 104 • PAGE 2 Telephone Panasonic 1 KXT7431 104 Chair Navy /Blue with wood arms 1 104 YAK023 SECC Board Large Caulk 1 104A Board Magnetic /dry erase 1 CO -Main YAM002 Chair Gray/Tweed swirl office chair 1 6Y5Y9 CO -Main YAF028 Chair Metal frame;blue w /wood armrests 2 CO -Main YAF029 Coat Rack Metal frame /black 1 CO -Main YAF034 Tower Dell- Tower 1 3BTHOI CO -Main ART MENTOR Monitor Dell- Monitor 1 E551 CO -Main YAT007 ART MENTOR Keyboard Dell- Keyboard 1 3882A277 CO -Main ART MENTOR Desk Hon Metal - black/wood top with 6- drawer 1 649174 CO -Main Table Metal- brown /wood top no drawers 1 CO -Main YAF047 Mail Box . Gray particle board with 18 slots 1 CO -Main YAMO21 Sign Black with metal frame which uses magnetic lette 1 CO -Main Sign Poly arrow shape w /dry erase board(Blk.White) 1 CO -Main YAMO29 Telephone Panasonic/black 1 KXT433 CO -Main YAE025 SECC Rack Small free standing with 15 slots 1 CO -Main Rack Large Metal free standing twirl with 30 slots 1 CO -Main Desk Black/Gray with 5 Drawer 1 CO -A CSAP 721 Book Shelf Plain White w/ 7 Shelves 1 CO -A File Cabinet Black Hon with 4 drawer 1 6424 CO -A File Cabinet Black Hon with 2 drawer 1 287832 CO -A Book Shelf Red with 4 shelves 1 CO -A • Desk Gray metal green top 4 drawer 1 CO -A Chair Burgundy swirl office chair 1 CO -A Chair Brown leather /clothe swirl with arms 2 CO -A Pencil Sharpener Green with beige top 1 21 CO -A YAMO23 . Waste Basket Gray 1 CO -A Telephone Tan 1 4454673 CO -A Chair Navy Blue with brown wood arms 1 117 -75 CO -A Chair Brown Metal Frame w /brown vinyl cushion 1 CAL -6019 CO -B YAF027 Chair Metal frame w /orange cushion 2 M- 421480 CO -B YAF026 Desk Black Metal with wood brown top- Hon 6 drawer 1 2709174 CO -B CSAP 721. 110 0 O • ! • • PAGE 3 Table 2x6 Off white polyurethane w /metal legs 1 CO -B YAF074 Coffee Pot Mr. Coffee 1 AD- 105000 CO -C YAM008 Microwave Sharp carousel -black w /round glass tray 1 199780 CO -C YAMO22 Refrigerator White- Tappen 1 PJW- 218888800 CO -C YAMO25 Table 2x6 Off white polyurethane 1 M -2959 CO -C YAF075 Book Shelf Tan with metal - adjustable 3 -shelf 1 CO -D MISC. 718 Desk Metal brown with wood top -Hon 5 drawer 1 CO -D YAF044 Storage Cabinet Metal storage -w /doors adjustable 5 -shelf 1 CO -D YAF013 MISC. 718 Storage Cabinet Tan particle board w /dark trim adjustable shelves 3 CO -D YAF014 SECC Case Black vinyl- Pitney Bowes 1 CO -E Copy machine Small Beige Xerox(5328) 1 3DG030337 CO -E YAE002 YCSAC Copy machine Large Beige Xerox(5065) 1 007- 068155 CO -E YAE003 YCSAC Desk Black metal w /wood top 6- drawer .1 3259074 CO -E YAF045 Fax machine Hp facsimile machine 1 . MY02LE1 ODK CO -E YAE004 Folding machine Pitney Bowes 1 1499 CO -E YAE005 PITNEY BOWES Postage machine Pitney bowes 1 (21295)(34566) CO -E YAE017 PITNEY BOWES Printer Pitney Bowes dot matrix 1 00382651532 CO -E YAT022 PITNEY BOWES Storage Cabinet Black metal blue doors 2 -shelf 1 SECC CO -E YAF015 Telephone Tan 1 406A CO -E YAE024 SECC Weight classifier Pitney Bowes 1 102220 CO -E YAE034 PITNEY BOWES Table Brown metal wood top (8 FT) 1 2/3/94 Chair White Folding 8 2650 -00 -2000 DR YAF030 ZIPLOCK Couch Blue w/Wood Frame 2 DR SECC Food Warmer Stainless steel; electric w/4 compartments 1 • DR YAE006 SUMMER LUNCH Lamp Blue bottom with white top 1 DR YAF072 SECC Table Off white polyurethane 3 F020022 DR YAF077 SECC Table Wood End Table 1 DR YAF076 SECC Television 19" RCA in Black wood encasing 1 616250946 DR YAE030 SECC Waste basket Beige 1 • DR YAM037 SECC Chair Brown Folding 16 OM- 001 -CHO MLK YAF031 SECC Chair Brown Metal Frame w /brown vinyl cushion 1 175 -2202 MLK SECC Chair White Folding 12 2650 -00 -2000 MLK YAF032 ZIPLOCK PAGE 4 Chair Wood frame wlblue cushion 8 MLK YAF034 SECC Chair Wood frame w /orange -pink cushion 11 MLK YAF033 SECC Drapes Off -white sheers for stage 2 MLK YAM008 Table Conference -5 sections pink 1 MLK YAF080 SECC Table Off white polyurethane 8 2900 MLK YAF081 ZIPLOCK Table Light wood coffee table 1 MLK YAF079 SECC Table Dark brown wood in table 1 1152742 MLK YAF078 SECC Telephone Tan 1 96A- 037775 MLK YAE026 SECC Piano Dark brown 1 MLK REV. EVERHART Easle Black/White 6 MLK AMC #1,2,3 ART MENOR CMASA Book Shelf adjustable 5 -shelf dark stained 1 W -SA YAF004 CSAP 721 Calculator Beige /dark gray- lbico(1219) 1 BPGH000 -955 W -SA YAM003 Chair Gray /tweed low back twirl 1 62DOP W -SA YAF036 Chair Gray straight back w /wood arms 1 85 -B3890 W -SA YAF003 Chair High back gray /with black arms 1 CA 27547 W -SA YAF024 Monitor - • - _flat screen monitor • _ • F0016968 W -SA YAT011 CMASA,AMC #3 MISC YOUTH • T.. - Gatewa Tower _. • ._.. • - _. -___ _ _ _ _ Ke board a _ -, • - _••ard 1 5132200. - A 11:\ . Com•uter Imac -white with •ur.le monitor /harddrive "_. , W -SA YATOO9 ..ard black/Purple/era le /• ra NK92808: FGN W -SA board K- p Speaker B.= .• 2 SW036B2359004050 !T A _ _ Printer H P DeskJet 820cse ps 1 SG 63019090 W -SA YATO27 a Telephone Panasonic 1 Kxt 7431 W -SA SECC • � Desk Tan metal w /wood top 1 W -SA Desk Wood 2 -piece corner desk 4- drawers 1 W -SA YAF048 CMASA.GEN,OJJDP ART MENTOR Disk drive lmation super disk drive 1 , 1.00253E +13 W -SA YAT016 Fan 12" Oscilaty 1 70201539 W -SA YAM012 File Cabinet Black 4 drawer W -SA YAF059 CSAP 721 File Cabinet Tan 4 drawer 2 W -SA YAF059 CSAP 721 Fife Cabinet Wood grain 2- drawer lateral 1 W -SA YAF060 GENERAL /CMASA ART MENTOR Heater Metal(gold/brown) 1 HRH -316 W -SA YAM014 Printer Hp laser jet 6mp 1 W -SA YAT024 411 0 0 . . • • • PAGE 5 Shredder TDE systems 1 MH -70 W -SA YAMO27 Waste basket Tan vinyl 1 W -SA YAM038 Microsoft Mcrosoft XP Pro software 1 W -SA GENERAL Canning pot Blue /white speculed enamel 1 W -SA 1 YAM006 File Cabinet Lateral Metal -Black w /tan 3- drawer 1 W -SA 1 YAF061 File Cabinet Metal mochq 2- drawer 1 W -SA 1 YAF062 Holding bin Stainless steal 1 1660 W -SA 1 Ice cream scooper Stile gray 2 W -SA 1 YAM018 Knife Commercial food server white handle 2 W -SA 1 YAMO20 Knife Cuttery (Chicago cutter) 1 W -SA 1 YAM019 Plastic bin Tan 1 W -SA 1 YAMO24 Safe Sentry fire safe 1 W -SA 1 YAMO26 Stock pot Rusted stainless steal 3 W -SA 1 YAM030 Palm Pilot Symbol Palm computing Platform 1 U327893 W -SA 1 SECC Camera Polariod 2 W -SA 1 Camera Nikon one touch zoom 70AF 1 4213064 W -SA 1 Laptop Gateway Solo 1 13570522 W -SA 11 AMC #2 Walkie Talkies Cobra Walkie Talkies 6 W -SA 1 Camera Sony Still Digital 10x optical zoom 1 1097745 W -SA 1 ART MENTORIOJJDP Armoine(gar. Cabine Wood 6' dark stained 1 W -SB YAF001 Book Shelf Adjustable 5 -shelf dark stained 1 W -SB YAF005 Book Shelf adjustable 5 -shelf dark stained 1 W-SB YAF006 Chair Gray swirl desk chair 1 W -SB YAF023 Chair Straight back metal frame w /wood arms navy blua 7 22700 W -SB YAF022 Montor Gateway -flat screen monitor 1 KUL700F0018420 W -SB YAT010 HIDTA/AMC #3 Tower Gateway tower 1 27800633 W -SB Keyboard Gateway keyboard 1 51321141 W -SB Speaker Gateway 2 speakers 2 5W00362502000825 W -SB Desk Computer desk 3 -piece w /veranda gray /black 1 W -SB YAF050 File Cabinet lateral gray 4- compartment black 1 W -SB YAF063 Labeling Machine Gray /Cognitive Del sol label printer 1 J022952242 W -SB YAT025 SECC Printer Epsom color printer,copies,scanner 1 W -SB YAT026 Type Writer Stand Black metal w /fold down side 1 W -SB YAF084 MISC. 718 Table Conference table boat shaped dark stained 1 W -SB YAF082 Type Writer Stand Rolling black metal frame w /wood top 1 W -SB YAF083 GENERAL PAGE6 Telephone Panasonic 1 KXT7431 W -SB YAE027 SECC Type writer Wood brown 1 SABXL W -SB YAE033 Book Shelf Adjustable 4 -shelf cherry wood stained 1 W -SB 1 YAF007 CMASA!GENERAL Chair Straight back metal frame w /wood arms blue 1 W -SB 1 YAF025 Computer !mac- Gay /Purple with harddrive 1 W -SB 1 YAT012 Desk Cherry wood stained 4- drawer 1 W -SB 1 YAF051 CMASA /GENERAL Desk Computer desk w /veranda over hanging shelf 1 W -SB 1 YAF052 CMASA /GENERAL File Cabinet Lateral 2- drawer cherry wood 1 W -SB 1 YAF065 CMASA/GENERAL Waste basket Black vinyl 1 W -SB 1 YAM039 Calculator Ibico beige 1 1B1C01219 W -SC YAM004 Chair Navy blue with wood arms 2 W -SC YAF028 Chair Brown folding vingle chair 1 W -SC YAF027 • Chair Gray twirl computer chair 1 W -SC YAF029 Monitor E- machine- monitor 1 M520A -300 W -SC YAT014 Tower E- machine tower 1 QAAOAE0031388 W -SC Keyboard E- machine keyboard 1 175688 W -SC Speakers E- machine speakers 2 SW036B2359004050 W -SC Desk Comp. desk -L shaped lilac wood 4- drawer w /keyt 1 W -SC YAF053 Desk Tan metal w /wood top 6- drawer 1 W-SC YAF054 File Cabinet Black 4 drawer hon 5 R534C W -SC YAF068 CSAP 721 File Cabinet Metal tan 2 drawer steelcase 1 W -SC YAF069 File Cabinet Brown 4 drawer steelcase 1 1707L W -SC YAF070 File Cabinet Lateral 5- drawer -tan 1 W -SC YAF067 File Cabinet Tan metal 4 drawer hon 2 ZLLKY W -SC YAF066 Heater Metal Gray- Holmes 1 HRH -316 W -SC YAM015 Printer Hp disk jet 400 1 5G67B1A0GP W -SC YAT028 Telephone Panasonic 1 KXT7431 . W -SC YAE028 SECC Telephone Panasonic 1 KXT7431 W -SC YAE029 SECC Waste basket Tan vinyl 1 W -SC YAM040 Computer Apple Macintosh monitor 1 TY7482FEB8W W -SC YATO05 Computer Apple keyboards 1 M2980 W -SC Computer Philips 1 65962220 W -SC Computer Gray keyboards -Hp 1 BE13715280 W -SC YAE008 Computer Hp -Tower 1 MX145C4205 W -SC 0 0 0 • 0 . • ® . PAGE? Printer Hewlett Packard 930C 1 CNOBLPL93 W -SC ART MENTOR Printer Gray Hewlett Packard 940C 10 MX0271FOK2 W -SC YAT008 Printer Hewlett Packard tan with dark gray bottom 1 MX21 E6F150 W -SC YAT017 AMC #3 Printer Tan Epson stylus 1 A6R1730205 W -SC YAT020 AMC #3 File Cabinet Metal black with 2 drawer 2 W -SC MISC 718 Divider Light blue 1 • W -SC Desk Brown wood 2 drawers 1. W -SD . Desk Dark brown wood .1 W -SD Desk Dark brown 2 drawers 1 W - Desk • Dark brown wood rolling desk 1 • W -SD • YAF072 Desk Light green 4 drawer 1 W -SD ' Rolodex Punch 2 _hole black puncher 1 P -209 W -SD Microphone Light brown stand with microphone - 1 W -SD Coolers White 64 qrts 5 W -SD Coolers Green bottom white top 48 qrts 2 Igloo -70 W -SD • Chair Orange cushion twirl office chair 1 421520 W -SD Chair • Orange cushion 1 421480 W -SD Chair Navy blue with brown wood arms 6 W -SD YAFO30 Chair Blue with gray no arms 3 CA -32746 W -SD Chair Desk chair brown leather 1 W -SE YAF032 Chair Straight back metal frame w /wood arms blue 1 22700 W -SE YAF030 Chair Wood frame w /orange -pink cushion 1 145 W -SE YAF031 Chair Metal frame w /orange cushions 2 421480 W -SE YAF033 ap.oita Gateway w/ 10Q25 1 S_,- ELUA. Printer Epsom styles color 1 740 W -SE YAT023 Television Phillip magnum color TVNCR 1 270WD W -SE YAE031 GENERAL Television cart Wood rollers 2 -doors w /shelf 1 W-SE YAF086 GENERAL ..,. - — - • 1 - — 1 27810938 W lDTA •e _••. Gatewa -ke boards 1 A47• . . ���� - . ___ ____ i� Speakers Spkers ea - - 2 SW00362502003637 W -SE A Desk Tan Metal w/wood top 1 -SE YAF055 File Cabinet Black metal -2 drawer steelcase 1 W -SE YAF071 First Aid Kit Zee 1 W -SE YAM013 Karaoke Machine Cd Player w /Cassette 1 32- 1163 -A W -SE YAE007 Ladder 3 Step Orange 1 SF2004 W -SE YAE009 • PAGE 8 Microphone stand Adjustable 2 W -SE YAE010 Mixing Board Yamaha 1 P002049 W -SE YAE011 Printer HP Laser Jet 4.1 1 05BB212245 W -SE YAT023 Speaker Yamaha 2 (08614771)(08614769) W -SE YAE018 Cabinet Black Metal w /wood top 4- drawer 1 W -SE YAF017 Camcorder Panasonic 150x digital 26 hi- definition zoon len 1 PV -L579D W -SE GENERAL Cabinet Tan w /Doors 1 W -SE YAF016 SECC • Table Wood End Table 1' W -SE YAF085 Waste basket Tan 1 W -SE VCR RCA 1 743610567 W -SE GENERAL Amplifier Radio shack 35 watt 1 971102865 W -SE GENERAL Microphone Receive Radio shack Wireless Microphone 1 32 - 1233 W - GENERAL Slide Projecter Kodak Caroseul 1 41594545 W - GENERAL Desk Dark brown metal with wood top 7 drawer 1 Teen -Cntr Book shelf Light brown 10 shelves 1 Teen -Cntr Table 8ft dark brown with metal legs 1 Teen -Cntr SECC Chair Black twirl office chair 1 VAF -018 Teen -Cntr Chair Gray twirl office desk chair (Hon) 1 21004 Teen -Cntr Pool Table Green Harvard 1 Teen -Cntr File Cabinet Beige 4 drawer (Hon) 1 91DH2 Teen -Cntr Chair Brown folding chairs 31 6A19188 Teen -Cntr SECC Chair Blue twirl cloth padded chairs 5 CA -32746 Teen -Cntr Table Dark brown round table 1 719 -503 Teen -Cntr SECC Television Zenith 1 20634 Teen -Cntr SCHOOL DIST. VCR Panasonic 1 21648 Teen - Cntr SCHOOL DIST. Refrigerator General Electric 1 Teen -Cntr Table Light brown 6 ft. 2 Teen -Cntr SECC Table Dark brown 4 ft 2 Teen -Cntr SECC Sofa Dark green with rose flowers 1 Teen - Cntr Radio Phillip tuner with (CD) and cassette player 1 AZ2785X17 Teen -Cntr Desk Light brown metal wood top 5 drawer 1 129889 Teen - Cntr Table Light brown 3 ft 1 Teen -Cntr SECC Book Shelf 10 feet long 1 Teen -Cntr Book Shelf 5 Shelf 1 Teen -Cntr Chair Navy blue cloth with wood arms 2 WASH -145 Teen -Cntr Board Large white dry ink 1 Teen -Cntr Book Shelf Medium brown 4 shelves 1 Teen -Cntr • 4110 e o .. • • • PAGE 9 Book Shelf Dark brown 5 shelves 1 Teen -Cntr Rack Brochure Chrome floor stand with 56 slots 1 Teen -Cntr Water Cooler White /Blue rubber maid water dispenser 1 1685 Teen -Cntr Chair Brown vinyl chair 1 CAL -6019 Teen -Cntr Waste Basket Large beige plastic waste basket • 1 Teen -Cntr Waste Basket Beige plastic waste basket 1 Teen -Cntr Clock White / Green Wall quartz 1 Teen -Cntr CPU Compaq Deskpro 1 6711 BBC3D387 Learning -Lab A CPU Compaq Deskpro 1 6711 BBC3D424 Learning - Lab A CPU Compaq Deskpro 1 6734BNL7U450 Learning -Lab A CPU Compaq Deskpro 1 6711 BBC3Q367 Learning -Lab A CPU Compaq Deskpro 1 6711 BBC3D386 Learning - Lab A CPU Compaq Deskpro 1 6711BBC3D119 Learning -Lab A CPU Compaq Deskpro 1 6745BNL7Q290 Learning -Lab A CPU Compaq Deskpro 1 6733BNL7P305 Learning -Lab A CPU Compaq Deskpro 1 6702EBC3PQ68 Learning -Lab A CPU Compaq Deskpro 1 6711 BBC3D634 Learning -Lab A CPU Compaq Deskpro 1 670988D20671 Learning -Lab A CPU Compaq Deskpro 1 6711 BBC3Q362 Learning -Lab A CPU Compaq Deskpro 1 Learning -Lab A CPU Compaq Deskpro 1 Learning -Lab A CPU IBM 1 5160 Learning -Lab A -CP a - i O • • •.- ,_ _ _ w- 1 8ZKFQ Learning -Lab A CPU Dell O•ti•lex 1 7CVTN Learning -Lab A CPU No name 1262 . Learning -Lab A CPU Compaq Deskpro 1 6741BK52X004 Learning -Lab A Mouse Compaq 1 BO4ABOH5BF71 ECP Learning -Lab A Mouse Compaq 1 1 D75BCXFOAGW Learning -Lab A Mouse Compaq 1 BO4ABOH5BET36FZ Learning -Lab A Mouse Compaq 1 F1349ON5BGKOJ3N Learning -Lab A Mouse Compaq 1 BO4ABOH5BEGOZVM Learning -Lab A Mouse Compaq 1 1D7519F13906 Learning -Lab A Mouse Compaq 1 BO4ABOHFBG257EH Learning -Lab A Mouse Compaq 1 BO4ABOH5BF84F2B Learning -Lab A Mouse Compaq 1 BO4ABOH5BEN1 EGJ Learning -Lab A Mouse . 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Speakers Labtec 2 LCS -6W Learning -Lab A Speakers Altec Lansing MM 1 FMW- 0304145 Learning -Lab A Speakers Altec Lansing MM 1 FMW- 0468463 Learning -Lab A Speakers Micron 2 RW2 -7056 Learning -Lab A Speakers Altec Lansing MM 2 FMW - 0307796 Learning -Lab A Speakers Altec Lansing MM 2 FMW- 0081678 Learning -Lab A Speakers Altec Lansing MM 2 NO NUMBER Learning -Lab A Speakers Altec Lansing MM 2 FMW - 0545073 Learning -Lab A Speakers Creative Sound Blaster 2 SBS -30 Learning -Lab A Speakers Labtec 2 70814PL Learning -Lab A Speakers Gateway 2000 1 NO NUMBER Learning -Lab A Speakers Advent 1 53597 Learning -Lab A Tower Intel Inside 1 8131519JK Learning -Lab A Tower Intel Inside 1 BG85 -AP58 Learning -Lab A Tower Pentium P5 -133 1 7186520 Learning -Lab A Tower Dell Optiplex 1 78GVG Learning -Lab A Fax Machine Sharp -Fo 5220 1 21377 Learning -Lab A Hard Drive Caviar 2700 1 WT2860302982 Learning -Lab A Scanner HP Scanjet 3200c 1 CN99P1C16GPN Learning -Lab A Servers Kingsignton 1 90054242 Learning -Lab A Servers Kingsignton 1 90048119 Learning -Lab A II 410 II .. . . • • 0 PAGE 13 Telephone Panasonic 1 KXT7431 Learning -Lab A SECC Chairs Brown Metal folding chair 19 OM- 001 -CHO Learning -Lab A Chairs Navy Blue with wood arms 6 Learning -Lab A Chairs Gray cushion twirl desk chair 1 1901GG Learning -Lab -A Chairs Metal gray legs with burgundy leather 1 2- 272 -948 Learning -Lab -A Chairs White folding chair 1 Learning -Lab -A Type writer stand Brown wood 1 Learning -Lab -A Table Beige folding tables 7 2900 Learning -Lab -A ZIPLOCK Table Metal brown with wood top 1 Learning -Lab -A SECC Desk Metal Beige wood top 6 drawer 1 7110 -00- 149 -1630 Learning -Lab -A Desk . Gray metal with light green top 3 drawer 1 576 1 Learning -Lab -A Desk Metal Beige wood top 3 drawer 1 Learning -Lab -A Desk Student desk metal with gray /tan 1 . Learning -Lab -A Chart With white erase board 1 Learning -Lab -A Coat Rack Gray /light green 1 Learning -Lab -A Board Large caulk wood color 1 Learning -Lab -A Board Erase board large white dry ink 1 Learning -Lab -A GENERAL File Cabinet Muti -color Green,Orange,White,Yellow 1 Learning -Lab -B Table 6 FT wood top 2 Learning -Lab -B SECC • Desk Metal gray with brown wood student desk 1 Learning -Lab -B Book Shelf Brown wood 4 slots 1 Learning -Lab -B Chair Gray cushion with black plastic arms 1 21044 Learning -Lab -B Chair Twirl yellow cushion 1 96166 Learning -Lab -B • Waste Basket Gray vinyl 1 Learning -Lab -B Refrigerator White Hotpoint 1 CTx1- yeybfrww 107 Clinic S. LUNCH Univ. OF Wash. Refrigerator White Signature 1 215137200 Kitchen S. LUNCH Freezer Tappan 1 Kitchen S. LUNCH Coffee Maker Mr Coffee /black 1 BL133 Kitchen Freezer General electric 1 Kitchen • Milk Cooler Beverage Air 1 SMF34 Kitchen S. LUNCH Microwave Montgomery Wards (brown /black) 1 111437 Kitchen Commercial oven Blodgett Zephaire 1 D014512 Kitchen SECC Stove Whirlpool (White /black) 1 RK0518557 Kitchen • • • • PAGE 14 Microwave Sharp Carousel 11(brown) 1 Kitchen . GENERAL Microwave Sanyo (White) 1 Kitchen Freezer Kenmore(white) 1 Kitchen Dolly Silver with 4 tires 1 30080 Kitchen Dolly Black with 4 tires 1 30080 Kitchen Bench Black/Beige Steele 1 Kitchen SECC Waste basket Beige Vinyl ' 1 Kitchen YAM -037 Monitor Gateway Monitor 1 MU17046E0122948 Lower Valley OJJDP � rat:Way Monitor 1 MU17100020166 Lower Valle OJJDP Tower ay Gatew Tower 3 8D Lower Valley OJJDP T ower ae.w_a_y Tower Lower Va e11 y ` OJJDP Printer Printer 1 ENHK107941 Lower Valley Fax Machine Hewlett Packard OfficeJet 1 SG52ED202J Lower Valley Chair Desk Chair Gray /Black with no arms 1 Lower Valley File Cabinet Tan 2 Drawer 2 Lower Valley File Cabinet Gray 4 Drawer 1 Lower Valley � Chair Navy blue straight back 3 Lower Valley WILL COUNT ALL PLATES, CUPS, SILVERWARE AND GLASSES AT A LATER DATE JAMES PARKS WILL COUNT TABLES AND CHAIRS IN GYM LATER OL,DiA1 & C /AA L25 - Zy( `r )----61.0/A16 %r& -5 2 - f ( r 7 F D" 7 i5 ! ill e e .. .. _. . . ...