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HomeMy WebLinkAbout000727 Original ContractCitIF of Port fZ4acorc1 x000727 CONTRACT �Al THIS CONTRACT is entered into this _r day of 2014, between the City 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: 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. Scope 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 Contract. This Agreement shall be in effect for all services performed by United Way that arise from or relate to the City's 2014 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 Contract 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. Recordkeeping 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 perfonnance of this Contract. 9. Breach. A. 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 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 Contract, such material breach shall entitle I•m 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. 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 perforin its obligations under this Contract 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. Independent Contractor. The relationship created by this Contract 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 details of the services to be provided. 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 Contract. The parties agree that this Contract is the complete expression of the terns hereto and any oral representation or understanding not incorporated -3- 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 UNITED WAY By: y: )���� ✓,� Dan Di Guilio, Mayor Titl Exec iv Director ATTEST: J n ssa Hurd, City Clerk APPROVED AS TO FO William E. Bloor, City Attorney ATTEST: Title: H: \a AGREE'MENi'SSCONTRACTS\2014 A ,-rants& Contracts \United Way.06.03.14wp(hepd THE UNITED WAY OF CLALLAM COUNTY United Way �Y� P.O. BOX 937 • PORT ANGELES, WA 98362 of Clallam County „ info c,unitedwavclallana.or« www.unitedwavclal lasiz.ort March 10, 2014 To: Port Angeles City Council Members; Dan DiGuilio, Mayor; Dan McKeen, City Manager Re: Port Angeles Health & Human Service Funding for 2014 — application spreadsheet attached Agency 12 month report summary — 2013 funding — spreadsheet attached (March 18th City Council Meeting Agenda Items) The United Way of Clallam County's Funds Distribution committee met February 20, 2014 with Councilman Patrick Downie as a representative from the Port Angeles City Council for the purpose of reviewing applications for health and human services funding. There were 14 applications totaling $107,296. Budgeted funding for 2014 totals $46,350. The committee reviewed the applications and assisted with recommendations per the Council's established criteria. The group focused on prevention programs, services for youth and seniors, and meeting basic needs of Port Angeles' most vulnerable community members. The committee made the following recommendations: Boys & Girls Club (PA location) $3,750 First Step Family Support Center $4,000 Friendship Dinner at Methodist Church $1,755 Girl Scouts of Western Washington $1,000 Healthy Families $8,085 Lutheran Community Services /Parent Line $3,300 Olympic Community Action Programs $1,800 Olympic Peninsula YMCA $0 Peninsula Behavioral Health $6,350 Pro Bono Lawyers of Clallam- Jefferson County $1,300 Serenity House of Clallam County $4,185 Clallam Mosaic $1,800 Volunteer Chore Services $2,515 Volunteers in Medicine of the Olympics $5,585 Sub -total $45,425 United Way administrative charge (2 %) $ 925 TOTAL $46,350 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. Sincerely, Jody Moss, Executive Director, United Way of Clallam County