HomeMy WebLinkAbout01/15/2008 12D Southeast Community Center Operating Agreement Amendment BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
III AGENDA STATEMENT
Item No 4 12 L
For Meeting of January 15, 2008
ITEM TITLE. Consideration of a Resolution authorizing an Amendment to the Southeast
Community Center Operating Agreement with the City of Yakima and OIC
SUBMITTED BY Chris Waarvick, Director of Public Works
Denise Nichols, Parks and Recreation Manager
CONTACT PERSON/TELEPHONE Denise Nichols, 575 -6020
SUMMARY EXPLANATION
City Council approved a management operating agreement with OIC to oversee the
operations at Southeast Community Center (Attachment "A ") The five -year agreement
was signed in October 2004 The agreement allowed for a three -year management fee
of $75,000 per year During the 2008 Budget process, OIC made a request to Council
to extend the yearly fee for two more years Council approved that request. The
attached amendment allows for the continuation of the management fee This service
fee will come from Community Development Block Grant funds
410 Attachment "A" is the original 2004 OIC Agreement.
Resolution X Ordinance Other (Specify)
Contracts_ Mail to (name and address)
Funding Source Community Development Block Grant funds
APPROVED FOR SUBMITTAL. �-.D c City Manager
STAFF RECOMMENDATION Staff respectfully requests the City Council to adopt the
Resolution authorizing execution of an amendment to the Southeast Community Center
Operating Agreement with the City of Yakima and the Opportunities Industrialization Center of
Washington (OIC)
BOARD /COMMISSION RECOMMENDATION
COUNCIL ACTION
11/
• RESOLUTION NO. R -2008-
A RESOLUTION authorizing the City Manager of the City of Yakima to execute an
amendment to the Southeast Community Center Operating Agreement
between the City of Yakima, Washington and 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 m 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 in 2004, and,
WHEREAS, the City reviewed a request from OIC of Washington to extend the
management fee for two more years, with the City Council approving that request
during the 2008 Budget Process, 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 amend the current Southeast 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 amendment now,
therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA.
The City Manager is hereby authorized and directed to execute the attached and
incorporated "Amendment to the Southeast Community Center Operating Agreement"
with Opportunities Industrialization Center of Washington (OIC), to provide specialized
management services for the Southeast Community Center
ADOPTED BY THE CITY COUNCIL this 15th day of January 2008.
David Ed1er, Mayor
ATTEST
•
City Clerk
Reso SECC Huey.rtf
AMENDMENT TO THE SOUTHEAST COMMUNITY CENTER
OPERATING AGREEMENT
WITH THE CITY OF YAKIMA, WASHINGTON
This AMENDMENT to THE SOUTHEAST COMMUNITY CENTER OPERATING
AGREEMENT (hereinafter "underlying Agreement ") is made and entered into on this
day of 2008, between the City of Yakima, a Washington municipal
corporation (hereinafter referred to as "CITY "), and the Opportunities Industrialization Center
of Washington, a Washington nonprofit corporation (hereinafter referred to as "OPERATOR ").
CITY and OPERATOR, for mutual consideration hereinafter set forth, agree to amend the
underlying Agreement (City Contract No. 2004 -114) previously executed by the parities hereto as
follows.
I OBJECTIVES
The specific purpose for this amendment to the underlying Agreement is to provide the
OPERATOR with additional financial assistance necessary to allow the OPERATOR to continue
the work of operating the Southeast Community Center on behalf of CITY for the final two (2)
years of the five (5) year term of the Agreement. The initial Agreement was funded by CITY for
three (3) of the five (5) years of the Agreement.
II. AMENDMENT
a. Paragraph 3, Service Fee, of the underlying Agreement is amended to provide for
the CITY's additional payment to OPERATOR of an annual fee of Seventy Five Thousand
Dollars ($75,000.00) for each of the remaining two (2) years of the underlying Agreement, for a
total additional service fee not to exceed One Hundred Fifty Thousand Dollars ($150,000 00).
The additional payments shall be made in quarterly amounts of Eighteen Thousand Seven
Hundred Fifty Dollars ($18,750 00), payable by CITY on or about the tenth day of February,
May, August and November of the years 2008 and 2009
b. No payment shall be made for any work performed by the OPERATOR in accord
with this amendment, except for work identified and set forth in the terms of the underlying
Agreement.
III. RETAINER
Retainer is waived for CITY
IV STANDARD PROVISIONS
The parties agree that this amendment to the underlying Agreement is subject to all of the
specific terms and conditions of the underlying Agreement, City Contract No. 2004 -114, now in
existence between the parties hereto, unless and solely with respect to any specific terms of this
amended Agreement that conflict with the terms and conditions of the underlying Agreement, in
which case the terms set forth in this amended Agreement shall control the execution of this
(jc) /Amendment -OIC
Operating Agreement Page 1
amended Agreement. The parties further agree that the underlying Agreement, together with the
amendments to said Agreement set forth herein, is the complete expression of the terms and
conditions of performance by the parties hereto. Any oral or written representations or
understandings not incorporated in the underlying Agreement as amended by this Amendment
thereto are specifically excluded.
VI. AUTHORIZED SIGNATORS
Opportunities Industrialization Center of Washington
By
Executive Director
Date.
City of Yakima
By
R. A. Zais,Jr., City Manager
Date:
•
ATTEST
City Clerk
City Contract No.
Resolution No.
(jc) /Amendment -OIC
Operating Agreement Page 2
Attachment "A"
III BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No 10
For Meeting of: August 17, 2004
ITEM TITLE: Consideration of a Report and Proposed Legislation for continued Southeast
Community Center Operations
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 July 6, 2004 City Council Study Session, staff reviewed three management proposals for the
continued operation of the Southeast Community Center Staff recommended awarding the
management of the Southeast Community Center to OIC of Washington (Exhbit A) Attached is the
Southeast Community Center Operating Agreement and resolution authorizing the City Manager to
0 execute the agreement. The Agreement provides OIC of Washington the following:
• Funding - -The City will continue to provide operation funds through December
2004.
• Management Fee - -The City will provide up to $75,000 a year for 1 -3 years to allow OIC
opportunity to seek grants, tenants, and establish self - sufficiency of the Center
• Services --OIC will recruit tenants and identify service providers and partners as
identified during 2003 public meetings.
• Block Grant Funds --OIC is encouraged to apply for Community Development
Block Grant Funds for assistance.
Also submitted for Council consideration is an ordinance amending the 2004 Budget and making an
appropriation in the amount of $ 50,000 for continued operations of the Southeast Community Center
Resolution X Ordinance Other (Specify)
Funding Source: 1 -Parks and Recreation Operating fund $50,000 $
APPROVED FOR SUBMITTAL: �`- V- City Manager
STAFF RECOMMENDATION Staff respectfully requests the City Council to (1) adopt the
resolution authorizing execution of the Operating Agreement with OIC of Washington for the
Southeast Community Center, and (2) Read Ordinance by title only at the August 17, 2004 meeting. (3)
• Pass Ordinance after second reading at the September 7, 2004 meeting.
BOARD /COMMISSION RECOMMENDATION. The Parks and Recreation Commission, at their
June 14, 2004 meeting, approved OIC of Washington to operate the Southeast Community Center The
Southeast Community Center Advisory Committee endorses OIC of Washington to operate the
Southeast Community Center
COUNCIL ACTION:
®
RESOLUTION NO R -2004-
A RESOLUTION authorizing the City Manager of the City of Yakima to execute an
Operating Agreement with OIC of Washington for operating and
managing the Southeast Yakima Community Center
WHEREAS, the City is the owner of the Southeast Yakima Community Center
( "Center"), and
WHEREAS, the City desires that the Center be managed, operated, and maintained as
a neighborhood facility in order to meet the needs and desires of the poor and disadvantaged,
including but not limited to the fields of health, education, employment, welfare, and recreation,
and
WHEREAS, in early 2004 the City requested proposals from interested parties to
provide said management, operation, and maintenance of the Center; and
WHEREAS, the City received three proposals in response to said request, including a
proposal from 010 of Washington, a Washington nonprofit corporation, and
0 WHEREAS, the proposals have been reviewed by City representatives and it is
recommended that the Southeast Yakima Community Center Operating Agreement be awarded
to 010 of Washington, and
WHEREAS, the City Council deems it to be in the best interest of the City to award to
OIC of Washington, and authorize execution of, the contract for management, operation and
maintenance of the Southeast Yakima Community Center, now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF 'YAKIMA.
The City Manager of the City of Yakima is hereby authorized and directed to execute the
attached "Southeast Yakima Community Center Operating Agreement" with OIC of Washington
for the purpose of obtaining management, operation, and maintenance services for the
Southeast Yakima Community Center The final form of the Agreement shall be reviewed and
approved by the City Attorney or his designee
ADOPTED BY THE CITY COUNCIL this 17 day of August, 2004
Paul P George, Mayor
ATTEST
III
City Clerk
•
SOUTHEAST YAKIMA COMMUNITY CENTER
OPERATING AGREEMENT
THIS AGREEMENT is made and entered into this / S7-
day of o4e,.?
2004, by and between the City of Yakima, a Washington municipal corporation (hereinafter
"City "), and Opportunities Industrialization Center of Washington, a Washington nonprofit
corporation (hereinafter "Operator ")
WITNES SETH.
WHEREAS, the City is the owner of the Southeast Yakima Community Center
(hereinafter "Center "), which is located within the City of Yakima 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
Irrigation District No 308, the above described property being located in said
District; and
• WHEREAS, the parties to this Agreement desire that the Center be managed, operated,
and maintained as a neighborhood facility in order to meet the needs and desires of the poor
and disadvantaged, including but not limited to the specific fields 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 contained herein, the
parties agree as follows
1. General Mana ement Res onsibilities and Ex. enses of O. erator The Operator shall
manage, operate, and maintain the Center consistent with City policies and with the general
concepts of community action in order to meet the desires and needs of the poor and
disadvantaged in this area, particularly in the fields of health, education, employment, welfare,
and recreation, or in such other fields as are consistent with this Agreement and the general
uses of a non -profit neighborhood facility At a minimum, the Operator 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 The Operator,
at its option, may also keep the Center open to serve the public during evening hours and
weekends.
The Operator 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; provided, however, that the City
shall be responsible and pay for the operational costs of the Center through December 31, 2004
(operational costs include but are not limited to utilities (see Section 9) and a facility
supervisor). The City shall not be required to reimburse the Operator for any of the costs of
operation, maintenance, or capital improvements, except as otherwise provided in this
Agreement and to the extent that funds have been appropriated by the Yakima City Council
and specifically approved for disbursement by the Parks and Recreation Division. Such
appropriations involve the legislative prerogative of the City Council, and no assurance can be
given that appropriated funds will be available in any particular year Except as otherwise
provided in Section 3, the Operator agrees to perform the services contemplated by this
Agreement in consideration of the community action benefits to be derived hereunder; the City
shall have no obligation to pay the Operator for said services.
2. Program Services. In consideration of the City's paying the Operator a Service Fee, the
Operator will provide programs and services centered on the needs identified in the series of
public meetings held by the City in November 2003 Beginning January 2005, 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 2005, the target will
be six AmeriCorp volunteers mentonng 30 middle- school -aged youth. Outcomes will be
identified by February 2005 and quarterly benchmarks will be developed and reported to the
Parks and Recreation Division and the Office of Neighborhood Development.
A second program will focus on high -risk young adults who face barriers to
employment. Specific activities may include idenhficatron and elu uriahon of barriers, job
trairung, job placement and assistance, and follow -up By March 2005, program benchmarks
will be developed and community partners identified. Status will be reported quarterly to the
Parks and Recreation Division and the Office of Neighborhood Development.
Services to seruor citizens residing in the southeast neighborhood will be the focus of a
third program. The Operator 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 2005, the Operator will develop program
goals and benchmarks, identify community partners and provide volunteer opportunities for
•
seruor citizens at the Center Status will be reported quarterly to the Parks and Recreation
Division and the Office of Neighborhood Development.
The Operator and the City will review, evaluate and negotiate program services for 2006
and 2007 Program services will be identified no later than October 30 for the following
program year The City will approve program services no later than January of each year
3. Service Fee In consideration of the Operator's providing the program services
described in Section 2 for the period of January 1, 2005, through December 31, 2007, but subject
to the limitations described below, the City shall pay the Operator an annual service fee of
Seventy -Five Thousand Dollars ($75,000 00), for a total service fee not to exceed Two Hundred
and Twenty -Five Thousand Dollars ($225,000.00) Payments shall be made in quarterly
amounts of Eighteen Thousand Seven Hundred and 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 2005, 2006,
and 2007
It is anticipated that said service fees to be paid to the Operator shall come from
Community Development Block Grant ( "CDBG ") funds. Accordingly, the Operator
understands and agrees that the availability and payment of the above - described service fees 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 services provided being satisfactory 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, the Operator shall diligently seek and 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 the Operator for services
provided in operating and managing the Center after December 31, 2007
4. 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 1, 2004, and
terminating at midnight, September 1, 2009; provided, however, that the Operator 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 initial five -year
period in order to extend the term of this Agreement for the first five -year option period, and no
later than runty (90) days prior to the end of the first five -year option period in order to extend
the term of this Agreement for the second five -year option period. In the event the Operator
exercises its option to extend this Agreement for one additional five -year period, then this
Agreement shall terminate at midrught, September 1, 2014. In the event the Operator exercises
its option to extend this Agreement for two additional five -year periods, then this Agreement
shall terminate at midnight, September 1, 2019 In the event the Operator is deemed by the City
to be performing its responsibilities hereunder in a satisfactory manner, then consideration will
be given by the City to a further extension of the term of this Agreement.
5 Incorporation of Operator's Proposal. Except to the extent that it conflicts or is
inconsistent with this Agreement, the Contractor's Proposal, dated May 10, 2004, including all
of Contractor's representations, conditions and obligations, submitted to the City on May 13,
4110 2004, in order to obtain award of this Agreement, is incorporated herein by this reference. Any
inconsistencies or conflicts between the Contractor's Proposal and this Agreement shall be
resolved in favor of the Agreement terms, conditions, obligations and language. A copy of said
Proposal is attached hereto as Exhibit "A" (hereafter "Proposal ")
•
6. Maintenance. The Operator 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 not be limited to routine and minor repair and
replacement of Center premises, property, fixtures (including but not limited to plumbing,
electrical, lighting fixtures, and damages resulting from vandalism or accident),
janitorial / cleaning services, and sidewalk snow removal. 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, building roof, and 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 that have been appropriated by the Yakima City Council and
specifically approved for disbursement by the Parks and Recreation Division. Such
appropriations involve the legislative prerogative of the City Council, and no assurance can be
given that appropriated funds will be available in any particular year
7 Alterations, Modifications and Capital Improvements. The Operator shall make no
alteration, modification, and /or capital improvements to the Center building and surrounding
property as legally described herein without the pnor written consent of the City Any such
alterations, modifications, and /or capital improvements shall be made at the sole expense and
cost of the Operator unless otherwise provided by mutual written agreement of the parties.
8. Recruitment of Tenants /Licensees, Leases /License Agreements, and Lease /License
Revenues.
a. Recruitment of Tenants /Licensees The Operator 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 consented to by the City Manager or
lus 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
consent by the City Manager All leases and license agreements shall be executed and
performed in compliance with all applicable federal, state, and local statutes, laws, and
ordinances. Within thirty (30) days after the execution thereof, the Center shall provide the City
with written copies of all lease agreements and license agreements for space at the Center Each
lease or license agreement shall include but not be limited to the following information.
description of the services, the name and contact information. 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 RCW Chapter
82.29A, as now or hereafter amended. It shall be the affirmative responsibility of the Operator
to collect the leasehold excise tax, if applicable, from all tenants and licensees in accordance
with the provisions of RCW Chapter 82.29A, as now or hereafter amended, and to remit said
taxes to the City Department of Finance and Budget 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 the Operator for operational
expenses and managing of the Center The Operator 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, the Operator shall provide such additional financial
information as the City, in its sole discretion, desires to obtain relating to this Operating
Agreement and all transactions pertaining thereto All of the Operator's financial information
shall be compiled and maintained in accordance with generally accepted accounting principles.
•
9 Utilities
a. Through December 31, 2004, the City shall pay all charges for water, heat, lights,
power, sewer, refuse, irrigation, phone and any other utilities which may be required or used
by the Operator in the use or operation of the Center and agrees to pay the same in a timely
fashion and agrees to pay the same so as to prevent any lien or shutoff of service from
occurring
b Effective January 1, 2005, the Operator shall pay all charges for water, heat,
lights, power, and any other utilities which may be required or used by the Operator in the use
or operation of the Center, and agrees to pay the same in a timely fashion and agrees to pay the
same so as to prevent any hen or shutoff of service from occurring Any deposits or other
charges required by any entity furnishing such utilities shall be paid by the Operator
10. Taxes and Assessments. The Operator shall be solely responsible for compensating its
employees and for paying all related taxes, deductions, and assessments, including but not
limited to federal income tax, FICA, social security tax, assessments for unemployment and
industrial injury, and other deductions from income which may be required by law or assessed
against either party as a result of this Agreement. In the event the City is assessed a tax or
assessment as a result of this Agreement, the Operator shall pay the same before it becomes
due.
11. Independent Contractor Status of Operator The Operator and the City understand
® and expressly agree that the Operator is an independent contractor in the performance of each
and every part of this Agreement. The Operator, 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, the Operator 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 the Operator or any officer, employee or agent of the Operator and the City
12. Maintenance of Records, Annual Report and Inspections.
a. The Operator 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 the Operator and shall be
available for inspection, audit and copying by City representatives and /or appropriate
federal / state officials during the term of this Agreement and for a period of three (3) years
following the termination of this Agreement.
c. The Operator shall deliver to the City an annual written 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 the Operator in accordance
with generally accepted accounting principles.
III 13 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 inspection right include but are not limited to police officers, fire inspection
personnel, and code enforcement personnel. If any inspection demonstrates, in the opinion of
the inspector, clear and present danger to the public, 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 concluded and the Center vacated, at no risk or liability to the City, its public officials,
officers, employees, and / or agents. The Operator shall not enter into any lease or license
agreement respecting space in the Center without incorporating into such lease or license
agreement a provision that contains the language of this provision regarding the City's right of
inspection and authority to order an event or activity concluded and to vacate the Center
14. Maximum Occupancy of Center The Operator shall comply, and shall ensure that
tenants comply, with maximum occupancy levels as set forth in the applicable provisions of the
Yakima Municipal Code and in accordance with federal, state, and /or local laws and
regulations.
15 Advisory Board. Within sixty (60) days after execution of this Agreement by both
parties, there shall be established by the City a Southeast Yakima Community Center Advisory
Committee consisting of seven (7) persons appointed to serve on this Committee by the Yakima
City Council as set forth in Ordinance No. 2004 -22, a copy of which is attached hereto as Exhibit
"B" and incorporated herein by this reference. The City Council and the Operator shall
consider all recommendations of the Advisory Committee but are not bound thereby
16. Security
a. The Operator shall, at its sole expense and cost, provide security for the Center
building and property to the satisfaction of tie City, which security shall, at a minimum,
include an automatic intruder detection system, secure door and window locks, and regular
security checks.
b The Operator 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 18170, 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 are displaying 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, the Operator shall provide the City Police Chief with a copy of the applicable
lease or license agreement no later than ten (10) days prior to the event.
17 Personal Property The Operator 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 attached hereto as Exhibit "C"
and incorporated herein by this reference.
18. Non - Discrimination. During the performance of this Agreement, the Operator 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 trairung, and the •
provision of services under this Agreement. This non - discrimination provision shall include
but not be limited to the following:
The benefits or services provided by the Operator at the Center,
•
• The rules, regulations, and /or practices established by the Operator for use of the
Center;
• All lease and license agreements entered into by the Operator with respect to space
in the Center; and
• The employment practice of the Operator at the Center, including but not limited to
employment, promotion, demotion, transfer, recruitment, advertising, layoff,
termination, rates of pay, compensation, and selection for training
The Operator 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, will be
available without regard to race, creed, color, national origin, religion, sex, marital status, age,
or the presence of any sensory, mental, or physical disability The Operator shall also furnish
all information, evidence, documents and reports required by the City to substantiate
compliance with this non - discrimination clause.
19 Compliance with Applicable Laws. The Operator shall operate, maintain, and manage
the Center in accordance with all applicable statutes, laws, regulations, and ordinances and
shall not allow the Center to be used for any unlawful purposes. The Operator shall not commit
any waste on the Center property nor damage same nor permit waste or damage by others.
20. Insurance Requirements.
• a. Property Insurance The Operator shall procure and maintain a policy or policies
of property insurance with respect to the Center covering all property owned by the Operator
including personal property and tenants' improvements and betterments. The Operator will
hold the City harmless for any damage to property owned by the Operator and waive its right
of subrogation for any damage to their property
b Liability Insurance. On or before the effective date of this Agreement, the
Operator 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 who the provider is, the amount of coverage, the policy number, and when
the policy and provisions provided are m 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; (ni) 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 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 nonce. The
insurance shall be on an occurrence form with an insurance company rated A -DC 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 Operator 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.
1111) d. Tenants Must Carry Liability Insurance The Operator 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 Operator It is understood that the City
does not maintain any form of insurance for the Operator, its officers, employees, volunteers
and/ or agents.
21. Indemnity
a. The Operator agrees to protect, defend, indemnify, and hold harmless the City,
its officers, elected officials, agents, and employees from any and all claims, demands, losses,
hens, liabilities, penalties, fines, lawsuits, and other proceedings and all judgments, awards,
costs and expenses (including attorneys' fees and disbursements) arising out of or in connection
with the operation and use of the Center
b Nothing contained in this section or this Agreement shall be construed to create a
liability or a right of indemnification in any third party
c. This section of the Agreement shall survive the term or expiration of this
Agreement and shall be binding on the parties to this Agreement.
22. Assignment. This Agreement, or any interest herein or claim hereunder, shall not be
assigned or transferred in whole or in part by the Operator 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
the Operator stated herein.
23. 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 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 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.
24. 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 nght herein given in any one or more instances, shall not be
construed as a waiver or relinquishment of any such agreement, covenant, condition or right.
25 Termination. Either party may terminate this Agreement, with or without cause, by
giving the other party thirty (30) days' written notice of termination.
26. 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.
27 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 THE OPERATOR. Henry Beauchamp
OIC of Washington
815 Fruitvale Boulevard
Yakima, WA 98902
or to such other addresses as the parties may hereafter designate m 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.
28. 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 dedared terminated and of no further force and
effect upon the execution and delivery hereof. There are no terms, conditions, or agreements
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.
29 Governing Law This Agreement shall be governed by and construed in accordance
with the laws of the State of Washington.
® ret this Agreement Venue. The venue for any action to enforce or interp s greem ent shall he in the
Superior Court of Washington for Yakima County, Washington.
CITY OF YAKIMA O.I.C. OF WASHINGTON
Fi e By' ► ..a. ��
R. A. Zais, Jr enry Bea .. amp
City Manager Executive P ector
Date: 9 Date: tit.
1*
ATTEST AKltifa
)�y n ✓ ) r R4
4,r/N& ity Clerk t' E f P
City Contract No o 0 /»/
Resolution No )() -ADO "5 1(42 NC
•
n
Exhibit "A"
b
OF WA'S'HLNGTmN'
H enry I3eauchurnh
Executive Director
May 10, 2004
c24 City of Yakima
H 129 North Second Street
Z Yakima, WA 98901
W
• r SUBJECT. RESPONSE TO RFP NO 10401 SOUTHEAST YAKIMA
Z COMMUNITY CENTER
H ,
1--t Enclosed please find OIC of Washington's (formerly Yakima Valley OIC) response to
your request for proposals to operate and manage the Southeast Yakima Community
H Center, a responsibility we feel well qualified to carry out.
• H
0 OIC of Washington, a Washington State 501 (c) (3) Nonprofit Corporation, with an
G annual budget of over $11 million has a strong interest in the rejuvenation and
sustaining of the Southeast Center This Center has a long and illustrious standing in
® H the Southeast Area and is known as an institution that serves the total
CID
community from birth to death. Not only does it have a long standing reputation
for providing myriad services, it has deep meaning for many of the residents of the
community, especially the elderly African American population who remember
• when it was first established over 43 years ago
OIC wishes to maintain that reputation and respect that meaning by attempting to bnng
PROGRAMS it back to the vibrancy it once enjoyed The fact that two of the principals of this
Education • proposal Mr Henry Beauchamp and Ms Ester B Huey, have previous very
Job Training • successful involvement with managing the Center will be a great plus, they know the
Housing • Center, they are familiar with the needs of the community and enjoy the good will of a
" " " " " "' 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
1'i►:iin;� ° combined managerial strength and passion of Mr Beauchamp, Ms Huey and Mr
Wenatchee ■ Mitchell, and the goodwill of the Yakima Community, we can accomplish the Center's
t'" original mission of providing relevant and important services to all residents of
Sonnysicic • Southeast Yakima to enable them to become and remain self sufficient, contributing
h'tt Vernon ■
mom:, I.attc • citizens to the well -being of our total community
LC cntiho r t; ■
Cie Emil • 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
11111
Page 2
Response to RH' 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,
0 Henry Beau �+ r / � O �
P
Executive 1 • ctor /CEO
r