HomeMy WebLinkAbout001188 Original Contract City of Port Angeles
Record # 001188
CONTRACT
THIS CONTRACT is entered into as of the date of the last signature affixed below
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:
I. 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. Analyze proposals received and develop recommendations for
allocation of the City's annual human services budget appropriation;
B. Ensure the distribution of funds as set forth in the attached Exhibit
A in accordance with City policy, legal guides, and sound fiscal
policy. If a recipient is unable to use or accept funds as set forth in
attached Exhibit A, United Way in its discretion shall distribute the
funds to other recipients listed in Exhibit A;
C. Redistribute, in its discretion, any unused or returned funds from
2015-2016 to recipients listed in Exhibit A;
D. Maintain separate accounting and auditable fiscal records for City
funds;
E. Provide a year-end report to City regarding provision of services;
and
F. Monitor use of funds to assure that terms are carried out and desired
outcomes achieved.
5. Duration of Contract. This two-year Agreement shall be in effect for all
services performed by United Way that arise from or relate to the City's 2017 and 2018
budget and is dependent upon the City's budget.
6. ComVensation and Method of Pa meat.
A. The City shall compensate United Way for the services rendered as
specified in Section I of this Contract at the rate of two percent of the funds distributed.
B. The funds shall he transferred from the City to United Way on a bi-
annual basis and shall be distributed by United Way to the recipient programs on a bi-
annual basis. Any accrued interest shall be retained by United Way for subsequent
distribution to City-funded human services.
7. Recordkeel2ing 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 tile 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
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
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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 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 perform 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
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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 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 UNITED WAY
By: By� c
/Patrick Downie, Mayor' Title:_
Date: Z.
'ZZ L� Z 1—7 Date: 117-
ATTEST: ATTEST:
I
'Patif 1' �`4'�Lt'
LL
J�nnife�'Veneklasen, City Clerk Title:
ED AS TO 1"", M.
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