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HomeMy WebLinkAbout000546 Original ContractAgreement City of Port Angeles Record #000546 THIS Agreement is entered into this /J day of 1, 2013, between the City U of Port Angeles, Washington, hereinafter referred to as "City and United Way of Clallam County, Washington, hereinafter referred to as "United Way 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. As a code city operating under Title 35A RCW, the City has the legal authority, as set forth in RCW 35A.11.020, to exercise broad powers in the rendering of local social, recreational, and educational services, hereinafter referred to as "human services." 2. It is in the public interest for City funds to be expended for human services. 3. United Way is willing and able to administer such human services on the City's behalf. 4. Scone of Services. United Way shall provide the following services: A. Annually identify local human service priorities with input and direction from the City Council; B. Establish a process for receipt and review of requests to the City for funding local human services, which process shall include the participation of a City Council member on the United Way admissions and fund distribution committee and final approval of allocations by the City Council; C. Analyze proposals received and develop recommendations for allocation of the City's annual human services budget appropriation; D. Ensure the distribution of funds as set forth in the attached Exhibit A in accordance with City policy, legal guides, and sound fiscal policy; E. Maintain separate accounting and auditable fiscal records for City funds; F. Provide a year -end report to City regarding provision of services; and -1- G. Monitor use of funds to assure that terms are carried out and desired outcomes achieved. 5. Duration of Agreement. This Agreement shall be in effect for all services performed by United Way that arise from or relate to the City's 2013 budget. 6. Compensation and Method of Payment. A. The City shall compensate United Way for the services rendered as specified in Section 1 of this Agreement at the rate of two percent of the funds distributed. B. The funds shall be transferred from the City to United Way on a quarterly basis and shall be distributed by United Way to the recipient programs on a quarterly basis. Any accrued interest shall be retained by United Way for subsequent distribution to City- funded human services. 7. Recordkeening and Reporting. United Way will provide quarterly financial reports reflecting activities funded with City appropriations and semi annual reports showing the success in meeting established objectives. Each quarterly report will be due within sixty (60) days of the end of the quarter. Each semi annual report will be due with the 2nd and 4th quarter reports. 8. Hold Harmless and Indemnification. United Way shall protect, defend, indemnify and save the City harmless from and against any and 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 Agreement. 9. Breach. A. In the event of either party's material breach of the terms or conditions of this Agreement, 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 it has given written notice of such material breach to the breaching party and ten days have passed since the receipt of such notice. B. If either party shall materially breach any of the covenants undertaken herein or any of the duties imposed upon it by this Agreement, such material breach shall -2- entitle the other party to terminate this Agreement, 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 Agreement shall be deemed complete. C. The rights stated above are in addition to and not in lieu of all other rights and remedies which State law offers for breach or default. 10. Non Discrimination. United Way shall perform its obligations under this Agreement 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. United Way 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, B. United Way 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. 11. Indenendent Contractor. The relationship created by this Agreement is that of independent contracting entities. United Way is not an agent of the City. United Way, as an independent contractor, has the authority to control and direct performance of the services to be provided within the scope of services. If money for human services is distributed under this Agreement to another agency, that other agency shall be an independent contractor and not an agent of the City. 12. Entire Agreement. The parties agree that this Agreement is the complete expression of the terms hereto and any oral representation or understanding not incorporated -3- herein is excluded. Further, any modification of this Agreement shall be in writing and signed by both parties. IN WITNESS WHEREOF, the parties hereto caused this Agreement to be executed the day and year first hereinabove written. CITY OF PORT ANGELES By: ATTEST: Cherie Kidd, Mayor) essa Hurd, City Clerk A)42_ APPROVED AS TO FORM: William E. floor, City Atto y G 1CITYMGR\FILESiCOUNCIL REPORTSUanuary t 5,2013 \United Way Contract wpd UNITED WAY ATTEST: Title: tive Director Agency /Program United Way of Clallam County 2013 City of Port Angeles Human Services Funding Proposal 2012 Allocation 2013 Proposed Allocation Boys and Girls Club of the Olympic Peninsula P A Club site General operating support for youth services, $1,50 $800 programs, transportation First Step Family Support Center P A Drop -In Center (for parent support of vulnerable, low $3,500 $1,867 income fames with young kids) First United Methodist Church Friendship Dinner Project weekly meal for low income $1,000 $533 citizens in need Healthy Families of Clallam County Core Services Children youth support groups, Prevention $8,500 $4,533 Education, Children's Advocacy Services, Crisis Intervention Emergency Shelter Lutheran Community Services (Parent Line) "Healthy Families Project" Info, Advocacy, Play $4,875 $2,600 and Learn early learning program, financial budgeting, legal advocacy, meal classes Olympic Community Action Programs (OIyCAP) 1) Meals on Wheels nutrition 2) $3,500 $1,867 Adult Day Care (dementia seniors) and caretaker respite Olympic Peninsula YMCA AmeriCorps North Olympics AmeriCorps Program $6,000 $3,200 Peninsula Behavioral Health Behavioral healthcare treatment, stabilization services for low $8,000 $4,266 income, unemployed and under insured children and adults who do not qualify for public, state funding Pro Bono Lawyers of Clallam Jefferson County Operating support of community office located in Port Angeles legal $1,500 $800 aid resources 1Serenity House 'Coordinated services and operational costs for services to $4,500 $2,400 children from families coming out of homelessness Child Care at the Commons Mosaic (formerly Snap) Classes and programs for developmentally disabled people $2,000 $1,068 Vision Loss Center Vision aid services to blind and visually impaired clients $1,500 $800 Volunteers in Medicine of the Olympics Clinic (VIMO) Free Medical Clinic for uninsured and underinsured citizens $8,750 $4,666 Medical, behavioral health, and expanded oral health care visits Program Totals $55,125 $29,400 United Way Administration 2% $1,125 $600 Total from the City $56,250 $30,000 Page 1 of 1 Exhibit "A" United Way ofCtattam County January 5, 2013 United Way THE UNITED WAY OF CLALLAM COUNTY P.O. BOX 937 PORT ANGELES, WA 98362 360- 457 -3011 info a, unitedwavclallam.ora www. unitedwavcl all am. ora To: Port Angeles City Council Members; Dan McKeen, City Manager Re: Port Angeles Health Human Service Funding for 2013 Proposed agency funding spreadsheet attached (City Council Meeting Agenda Item for Jan. 15. 2013) Per recent discussions by the Port Angeles City Council and City Manager, I am submitting a funding proposal for 2013 health and human services funding included in the City's budget. The available funding has been reduced from $56,250 in 2012 to $30,000 for 2013. To summarize, we have been advised that the Council's previously established criteria are unchanged for 2013, with a focus on prevention, services for youth and seniors, and meeting basic needs of Port Angeles' most vulnerable community members. There will be no new applications required, but I have confirmed with the 2012 funded agencies that they are able to accept and use grants in 2013 for the same programs and services as last year. Proposed grants to the same agencies funded in 2012 are as follows, with prorated amounts based on last year's funding: Boys Girls Club of the Olympic Peninsula (PA location) $800 First Step Family Support Center $1,867 Friendship Dinner at First United Methodist Church $533 Healthy Families of Clallam County $4,533 Lutheran Community Services /Parent Line $2,600 Olympic Community Action Programs $1,867 Olympic Peninsula YMCA/AmeriCorps $3,200 Peninsula Behavioral Health $4,266 Pro Bono Lawyers of Clallam- Jefferson County $800 Serenity House of Clallam County $2,400 Mosaic (formerly Snap) $1,068 Vision Loss Center $800 Volunteers in Medicine of the Olvmnics $4,666 Sub -total $29,400 United Way administrative charge (2 600 TOTAL $30,000 Thank you for allowing United Way to be part of this allocation process. After approval by the Council, I will notify the agencies of your final funding awards. 5 ce ly, y ss, Executive Director, United Way of Clallam County CITY OF Dear Ms Moss: W A S H I N G T O N U.S.A. City Manager's Office January 18, 2013 Jody Moss Executive Director United Way of Clallam County PO Box 937 Port Angeles, WA 98362 Re: Contract Payment Schedule Per your request, the City agrees to two contract payments per year in place of the four payments as written in the contract. The City anticipates sending the two payments in April and October as you suggested. Please acknowledge this administrative change with your signature below and return it to the City of Port Angeles to attach to the signed contract. V Truly Yours, Dan McKeen City Manager City of Port Angeles Agreed: Mo ecutive`1lirector United Way of Clallam County l A- J3 Date Phone: 360- 417 -4500 Fax: 360- 417 -4509 TTY. 360 417 -4645 Website: www.cityofpa.us Email: citymanager @cityofpa us 321 East Fifth Street P.O. Box 1150 Port Angeles, WA 98362 -0217