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HomeMy WebLinkAbout4.603 Original Contract </. ~o3 ,,- . '. CONTRACT THIS CONTRACT is entered into this IID*4ray of December, 2008, by and between the City of Port Angeles, Washington, herein after called "City", and the Community Multi -Cultural Alliance, a non-profit corporation, hereinafter called "CMCA." REPRESENTATIONS A. In 2002, the City Council of the City of Port Angeles established an advisory group, the Port Angeles Multi-Cultural Task Force in response to complaints of racism in the community. Its purpose was to examine issues on diversity and racial equality within the community and provide reports and analysis to the City Council. B. In 2005, the Port Angeles Multi-Cultural Taskforce reorganized into the Community Multi-Cultural Alliance (CMCA). The change was made to encourage a broader-based, county- wide group focused on promoting diversity, equality and cultural awareness; but the fundamental purpose to provide repots and analysis to the City Council remained the same. C. The City would like to further its goals and interests for the citizens of Port Angeles by entering into the following agreement. AGREEMENTS NOW, THEREFORE, in consideration of the above representations and the payments, covenants and agreements hereinafter mentioned, to be made and performed by the parties hereto, the parties covenant and agree as follows: 1. Services. CMCA will provide the following services to the City and to the community: . Providing an open forum for the community focusing on methods of how to improve diversity, equality, and cultural awareness; -1- ). " · Promoting educational and cultural opportunities; · Providing expertise in responding to acts inconsistent with its Community Vision; · Engaging in advocacy promoting diversity, racial equality, and cultural awareness; · Promoting the Community Vision; · Recommending pro-active solutions to community concerns relating to diversity, equality and cultural awareness; · Give to the City Council quarterly reports and analysis on diversity, racial equality, cultural awareness and similar issues in the community. 2. Duration of Contract. The term of the contract and performance of CMCA shall commence on the 1st day of January, 2008, and terminate on December 31,2008. 3. Compensation and Method of Payment. Annual compensation to CMCA for 2008 under this contract shall not exceed $3,000, to be paid quarterly. CMCA shall submit to the City four equal quarterly invoices for services rendered, itemizing the services performed during that quarter as described below. 4. Record Keeping and Reporting. A. CMCA shall maintain accounts and records which accurately reflect the revenues and costs for the operation of CMCA. These financial records and all records relating to the performance of this Contract shall be available for City inspection. B. CMCA shall provide the City with quarterly reports fully describing what work has been performed pursuant to this Contract and including a current statement of revenues and costs. Said reports shall accompany each quarterly invoice. 5. Independent Contractor Status. The relation created by this Contract is that of independent contracting entities. The CMCA is not an employee of the City and is not entitled to the benefits provided by the City to its employees. CMCA, as an independent contractor, has the authority to control and direct the performance of the details ofthe services to be provided. CMCA shall assume full responsibility for payment of all Federal, State, and local taxes or contributions imposed or required, including, but not limited to, unemployment insurance, Social Security, and income tax. -2- 6. Hold Harmless and Insurance. CMCA shall protect, defend, save harmless, and indemnify the City, its officers, agents, and employees from and against any ana all claims, damages, losses, and expenses, including reasonable attorney's fees, occurring, arising, or resulting from supplying work, services, materials, or supplies in connection with the performance of this Contract. CMCA shall provide a Certificate ofInsurance evidencing occurrence-based Commercial General Liability insurance with limits of no less than $1 ,000,000 combined single limit per occurrence, with the City shown as a named additional insured. 7. Breach. · In the event of either party's material breach of the terms or conditions of this Contract, the non-breaching party reserves the right to withhold payments or services until corrective action has been taken or completed. However, the party shall not exercise this right until they have given written notice of such material breach to the breaching party and ten days have passed since the receipt of such notice. This option is in addition to and not in lieu of the parties' right to terminate this Contract or any other right which State law offers for breach of contract. · If either party shall materially breach any ofthe covenants undertaken herein or any of the duties imposed upon it by this Contract, such material breach shall entitle the other party to terminate this Contract, provided that the party desiring to terminate for such cause shall give the offending party at least twenty days' written notice, specifying the particulars wherein it is claimed that there has been a violation hereof, and if at the end of such time, the party notified has not removed the cause of complaint, or remedied the purported violation, then the termination of this Contract shall be deemed complete. 8. Non-Discrimination. CMCA shall conduct its business in a manner which assures fair, equal and non-discriminatory treatment of all persons, without respect to race, creed or national origin, and, in particular: A. CMCA shall maintain open hiring and employment practices and will welcome applications for employment in all positions, from qualified individuals who are members of minorities protected by federal equal opportunity/affirmative action requirements; and, -3- . , , B. CMCA shall comply with all requirements of applicable federal, state or local laws or regulations issued pursuant thereto, relating to the establishment of non-discriminatory requirements in hiring and employment practices and assuring the service of all persons without discrimination as to any person's race, color, religion, sex, Vietnam era veteran's status, disabled veteran condition, physical or mental handicap, or national origin. 9. Entire Contract. The parties agree that this Contract is the complete expression of the terms hereto and any oral representation or understanding not incorporated herein is excluded. Further, any modification of this Contract shall be in writing and signed by both parties. IN WITNESS WHEREOF, the parties hereto caused this Contract to be executed the day and year first hereinabove written. CITY OF PORT ANGELES COMMUNITY MULTI-CULTURAL ALL~ By: :J~ ~ Title: ~V~;;q~&..- Gary Br , Mayor ' ATTEST: ~ ~ By: <11~ .~ Secretary ATTEST: / A~P VED AS TO FO~ , ~& f ~ /. 1 ~.-./ /- William E. Bloor, City Attorney G ILegal_BackupIAGREEMENTS&CONTRACTS\2008 Agmts&ContractslCMCA CommumtyMulttCulturalAlliance 121608 wpdFebruary 26, 2008 December 16, 2008 4 -4-