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HomeMy WebLinkAbout4.464 Original Contract </. ~ t.P</ CONTRACT THIS CONTRACT is entered into this 4-~day Of~, 2004, between the City of Port Angeles, Washington, hereinafter referred to as "City", and "When United Together Teen Unity Project 2004", a non-profit corporation of the State of Washington, heremafter referred to as "When United Together". REPRESENT A TrONS 1. As a code city operating under Title 35 A RCW, the City of Port Angeles has the legal authority, as set forth in RCW 35A.ll.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. "When United Together" is willing and able to allocate, administer, and distribute such human services on the City's behalf. 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. Scope of Services. "When United Together" shall provide the following services: A. Unite Port Angeles youth group programs but also the over 150 programs across Clallam County in one place online at www.teen2do.org.This program will allow youth programs the ability to create program calendars to keep community youth updated on local, positive alternatives to negative - 1 - choices in one easy to find location online; B. Visit each youth program in Port Angeles and assist each program in creating an online profile, taking pictures of each program to assist in promoting the program online; C. Create "youth information systems" in the community, locating places within the community for youth to gather and work with area businesses; D. After establishing the system, construct an online meeting place for community youth programs to contact outside youth information resources to maximize program capabilities to allow staff the ability to seek and receive information from youth program staff across the nation; E. Facilitate the use of the online resource to provide non-profit programs in providing assistance to local youth and to work in establishing an "ongoing youth page" in the Peninsula Daily News to aSSIst youth in reaching the community about their concerns and needs; F. Ensure the application of City funds, as set forth in the attached Exhibit A in accordance with City policy, legal guidelines, and sound fiscal policy; G. Maintain separate accounting and auditable fiscal records for City-contributed funds; H. Monitor and provide reports to the City regarding provision of services and use of funds to assure that the terms of this Contract are carried out and desired outcomes are achieved. 2. Duration of Contract. The time of performance by "When United Together" shall be from the date of this Contract to July 31, 2004. 3. Compensation and Method ofPayrnent. A. The City shall pay to "When United Together" the total sum of$5,000 for the services rendered as specified in Section 1 of this Contract. B. The City shall pay the Contract amount to "When United Together" within 30 days of receiving itemized invoices documenting performance of the measures identified in Section 1 of this Contract. - 2 - 4. Recordkeeping and Reporting. "When United Together" will provide a financial report reflecting agency activities funded with City appropriations and a report showing the agency's success in meeting established objectives. Each report will be due within thirty (30) days of the end of the contract period. 5. Hold Harmless and Indemnification. "When Umted Together" 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 or Subcontract thereof. 6. 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 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 party's right to terminate this Contact or any other right which State law offers for breach of contract. 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 - 3 - Contract shall be deemed complete. 7. Non-Discrimination. "When United Together" 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. "When United Together" 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. "When United Together" 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. 8. Notice. Any notice required to be given under this Contract shall be deemed given three (3) days subsequent to deposit of such notice( s), properly addressed, in the United States mail, postage prepaid, sent by registered or certified mail, return receipt requested: TO CITY: City of Port Angeles Attn: City Attorney 321 E. 5th Street P.O. Box 1150 Port Angeles, W A 98362-0217 TO "WHEN UNITED TOGETHER": When United Together Attn: Mike J. Svec 403 South Lincoln, Suite 4, PMB 53 Port Angeles, W A 98362 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. - 4 - ~ IN WITNESS WHEREOF, the parties hereto caused this Contract to be executed the day and year first hereinabove written. Dated this ~ day of May, 2004. GETHER e By: Mike J. Sv c, Board President STATE OF WASHINGTON ) ) ss. ) COUNTY OF CLALLAM On this 'I t'''aayof M~ ,2004, before me the undersigned, a Notary Public in and for the State of Washington, duly commiss~oned and sworn, personally appeared Mike J. Svec to me known to be the Board President, of the non-profit corporation that executed the within and foregoing instrument, and acknowledged the said execution of the instrument to be'the free and voluntary act and deed of Said non- profit corporation for the uses and purposes therein mentioned, and on oath stated that he is authorized to execute the said, instrument. CITY OF PORT ANGELES By:~ &..' Mike Quirrrl' City Manager WITNESS my hand and official seal hereto affixed the day and year first above written. ~......"'"'- YY\. .~ .,. ~ 1lE~ NOT RY PUBLIC in and for the lit;~...._..,,........ State of Washington. I~~?r'~ My Commission Expires: 5-as -071 ~ (I' .._, " , -. .... , ~ \_ ,.. I. \. A.. '\'A'''~ .. ~.. Ift;.~,a............ " ~,~ O,.~ ~\~" 1'"""""""",,, ATTEST: G ILegal_ BackupIAGREEMENTS&CONTRACTSIWhenUmledTogether 2004 May 4, 2004 , . - 5 - .. Exhibit "A" When United Together Teen Unity Project Port Angeles and Clallam County Washington When United Together Founder and Board President Mike Svec will be uniting the 75 programs and numerous church youth groups youth ages 10-19 can participate in, in one place online at www.teen2do.org. Mike will be dedicating 45 days to unite not only Port Angeles programs in one place but also over 150 programs across Clallam County. This project will allow programs the ability to create program calendars to keep community youth updated on local positive alternatives to negative choices in one easy to find place online. Mike will be visiting each program and assisting them in creating an online profile while taking pictures of each program to assist in promoting program online. After all community programs are united online Mike will be creating "youth information systems" in the community. Mike will locate places in the community youth gather and work with area businesses to create ''youth information sites" (bulletin boards containing PDF format calendars of area events updateable weekly.) The goal will be to gain the participation oflocal businesses in this system to keep the community updated on programs, resources and events available to youth. After system is set up, Mike will then begin constructing an online meeting place for community youth programs to contact outside youth information to maximize program capabilities. This "meeting place" will be called the Directors Doorway and will allow program staff the ability to ask questions and receive information from youth program staff across the nation. The online resource will also allow non-profit programs the ability to promote their needs in a "three-click" format so community members who want to assist local youth will be able to search area program needs and assist where they best fit, this area will be promoted throughout the community. When United Together will also be working with the Peninsula Daily News to create an "ongoing" youth page to assist youth in reaching the community about their concerns and needs. The City of Port Angeles will be funding this local project by donating $5,000 that will be distributed as the following: A. Personnel $1,500.00 (Mike J Svec 50% ofmontWy salary) B. Fringe Benefits $0.00 C. Travel $200.00 (1,000 miles @1O mi. a gal. x $2 a gal.) D. Equipment $450.00 (6 in I Printer $220, Fujifilm Digital Camera $200, Phone Headset $30) Eo Supplies $1,000.00 (Mail Penn it $300, Postage $200, Pro. Materials $300, Bul. Boards $200) F. Construction $0.00 G. Consultants/Cont. $1,850.00 (Neu-Media $1,000, Omnis.com $100, Olypen $350, AT&T $400) H. Miscellaneous $0.00 TOTAL $5,000.0~