• PREAMBLE: The Green-Rainbow party needs youth and working class involvement to guide party relevance. But many can not afford to put time into party involvement without at least some pay. Meanwhile our membership drops year-by-year - we’ve followed the nearly-all-volunteer course to this situation; let’s try something different. Let’s use any spring fundraising success toward paid internships for students and career-changers and others to learn while building the Green-Rainbow party.
• SPONSORS: Brian Cady, Eileen W. Sheehan
• VETTING COMMITTEES: Commcomm, FinFundComm.
• FLOOR MANAGER: Brian Cady 617-943-2853 [email protected]
• SHEPHERD: Brian Cady
• SUMMARY: Hire and pay, as interns, students and people changing careers to each take on a paid, part-time, temporary, supervised, party role.
• BACKGROUND: The Green-Rainbow party needs youth and working class involvement to guide party relevance. But many can not afford party involvement without at least some pay.
• TEXT OF PROPOSAL: Contract (draft below) with stipended interns. Each internship would address a different specific task, and each position would be advertised separately. Each intern, who must have phone and laptop, would be guided by one GRP leader with supervisory experience, skill in internship tasks and responsibility for internship goals. Total expenditure to be limited by Spring 2023 fundraising results, hence the number of interns would be adjusted to suit. Co-chairs will prioritize internship positions – Highest priority will be funded first and so on, until available funds run out. Budget: $150 for internship listing charges, plus $2,600 per intern: $2,600 stipend ($20/hr, 10 hours/week, 13 weeks) on a contract basis (so the intern takes responsibility for taxes).

The contract will include the wording: CONTRACTOR acknowledges and agrees that this Agreement creates a relationship of confidence and trust, and that they shall owe the PARTY the duty of maintaining good faith with, dealing fairly with, and avoiding conflicts of interests in matters regarding the PARTY. CONTRACTOR shall not disclose to any person confidential information obtained through this employment, except as the PARTY authorizes them to do so in the execution of their duties. This obligation is further detailed in a separate Nondisclosure Agreement, and shall survive the termination of this Agreement. CONTRACTOR expressly acknowledges and agrees that a breach of this Agreement may be compensable by punitive money damages and that the PARTY may seek injunctive relief.

Draft Contract:

Revised 2023-03-22

Green-Rainbow Party CONTRACT WITH _________

This Agreement is made and entered into on ______, 2023 between _______, currently residing at ________________, hereinafter referred to as "CONTRACTOR" and the Green-Rainbow Party (GRP), hereinafter referred to as "PARTY". The GRP is currently organized as a political action committee within the Commonwealth of Massachusetts and as a state committee of the Green Party of the United States under federal election law. The Administrative Committee of the Green-Rainbow Party (AdCom) is the representative of the GRP for all matters pertinent to this Agreement. AdCom may delegate its decision-making authority under this Agreement to a designated officer of the Green-Rainbow Party.

AGREEMENTS

In consideration of the mutual agreements set forth below, the parties agree as follows:

CONTRACTOR is to undertake tasks assigned by the PARTY. These tasks may include bookkeeping, preparation of financial reports, preparation of campaign finance reports, database maintenance, and assistance with organizing and executing the activities of the GRP. CONTRACTOR acknowledges and agrees that this Agreement creates a relationship of confidence and trust, and that they shall owe the PARTY the duty of maintaining good faith with, dealing fairly with, and avoiding conflicts of interests in matters regarding the PARTY. CONTRACTOR shall not disclose to any person confidential information obtained through this employment, except as the PARTY authorizes them to do so in the execution of their duties. This obligation is further detailed in a separate Nondisclosure Agreement, and shall survive the termination of this Agreement for five additional years. CONTRACTOR expressly acknowledges and agrees that a breach of this Agreement may be compensable by punitive money damages and that the PARTY may seek injunctive relief.

CONTRACTOR will be compensated according to provisions below.

RELATIONSHIP OF PARTIES

A. CONTRACTOR Not an Agent, Employee or Servant. The parties expressly agree that the relationship intended between CONTRACTOR and PARTY shall be that of an independent contractor only and that this Agreement is not intended to create the relationship of principal and agent, employer and employee, or master and servant. CONTRACTOR is now and will continue to be an independent contractor. CONTRACTOR may perform work at a location of the CONTRACTOR’s choosing, and may determine the hours to be worked in completion of assigned responsibilities. CONTRACTOR shall be responsible for providing computing equipment or telecommunication resources required to complete assigned tasks, although certain expenses may be reimbursable as provided for below.

B. Taxes. CONTRACTOR shall not be treated as an employee with respect to the services performed hereunder for federal or state tax purposes. No federal, state, or local income tax or payroll tax of any kind shall be withheld or paid by PARTY on behalf of CONTRACTOR or employees of CONTRACTOR. CONTRACTOR understands that CONTRACTOR is responsible to pay CONTRACTOR's income taxes in accordance with the law. If CONTRACTOR is not a corporation, CONTRACTOR further understands that CONTRACTOR may be liable for self-employment (social security) tax, to be paid by CONTRACTOR according to law.

C. Worker's Compensation. No worker's compensation insurance shall be obtained by PARTY for CONTRACTOR or employees of CONTRACTOR. CONTRACTOR shall comply with applicable worker's compensation laws regarding CONTRACTOR and employees of CONTRACTOR.

D. Subcontractors. CONTRACTOR may, at its discretion, engage subcontractors to perform service under this Agreement, however CONTRACTOR remains responsible for quality of work and for observing confidentiality conditions of Agreement. Prior to any subcontractor being given access to data owned by PARTY, subcontractor must receive a security briefing from the PARTY.

E. CONTRACTOR shall at all times use his or her best efforts in performance of this Contract. In performing his or her duties, CONTRACTOR shall comply with all applicable local, state, and Federal laws, including requirements of the Office of Campaign and Political Finance and the Federal Elections Commission.

F. Breach of Contract. Any material breach of this contract by one party gives the other party the right to sue for damages, and to be awarded reasonable attorney fees and costs and disbursements incurred in said suit at trial or on appeal.

G. This contract is not assignable.

H. This contract contains the complete agreement of the parties concerning the employment by or CONTRACTOR for the purposes set forth above and supersedes all other agreements, both oral and written between the parties.

CONFIDENTIALITY AND DATA SECURITY

No information or data provided to CONTRACTOR, or any information obtained in confidence as a result of the work, regarding the business, operations or plans of the Green-Rainbow Party, shall be sold, released, or divulged to any party by CONTRACTOR unless explicitly authorized in writing by PARTY. CONTRACTOR is responsible for taking security measures necessary to achieve this condition.

CONTRACTOR will provide to the PARTY back-up copies of all financial files created or revised by CONTRACTOR no less frequently than once per month, using a transfer mechanism specified by the PARTY. In the event of failure or malfunction of digital storage media used to store data of the Green-Rainbow Party, CONTRACTOR will preserve and protect said media and will permit data recovery to be attempted by PARTY.

COMPENSATION

CONTRACTOR shall receive stipend of $2,600 Should any claims be disallowed by the GRP Treasurer, CONTRACTOR may appeal the Treasurer's decision to the Administrative Committee.

Reimbursement for incidental expenses necessary for completing the work may be approved by the PARTY upon submission of properly documented receipts. Such reimbursements are wholly subject to the discretion of the PARTY. CONTRACTOR should obtain authorization from the PARTY prior to incurring any reimbursable expense greater than $50.

TERMINATION

This contract may be terminated at any time by either the PARTY or the CONTRACTOR upon delivery of written notice to the other party's business address. However, confidentiality requirements shall remain in effect for a period of five years from any termination date. Upon termination of this Contract, the CONTRACTOR will promptly 1) return all financial and member records and documents in their possession, 2) provide PARTY access to any partially completed work documents or files in their possession, and 3) return any equipment owned by the PARTY.

AMENDMENT OF CONTRACT

The parties may amend this contract only by way of a writing signed by both parties.

SIGNATURES FOR PARTY:

Date: ____________________By:_________________________________

_______________, Co-chair, Green-Rainbow Party, PARTY

Date: ____________________By:_________________________________

_______________, Co-chair, Green-Rainbow Party, PARTY

SIGNATURE OF CONTRACTOR:

Date:____________________By:__________________________________

__________________________, CONTRACTOR

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Nondisclosure Agreement for Green-Rainbow Party

Revision of 2023-03-22

FOREWORD: Data such as mailing lists and donor information constitute a valuable property of the Green-Rainbow Party. In many cases, individuals have given us personal information with our assurance that we will protect their privacy and use that information only for party purposes. Hence, when access to this data is granted to party staff and volunteers, we ask them to sign a Nondisclosure Agreement to that makes clear our commitments to proper handling of information.

Non-Disclosure Agreement

Green-Rainbow Party

This Nondisclosure Agreement (the "Agreement") is entered into between the Green-Rainbow Party with its principal offices in South Deerfield MA ("PARTY") and _______________, whose place of business is _______________ ("CONTRACTOR") for the purpose of preventing the unauthorized disclosure of Confidential Information as defined below. The parties agree to enter into a confidential relationship with respect to the disclosure of certain proprietary and confidential information ("Confidential Information").

1. Definition of Confidential Information. For purposes of this Agreement, "Confidential Information" shall include all information, digital data, or material that has been produced or acquired by the PARTY and may be considered to be the property of the PARTY. In particular, personal information such as the names, addresses, telephone numbers, email addresses, donation histories that have been assembled by the PARTY are classified as "Confidential Information". Likewise PARTY plans and internal notes and memoranda that are labeled "Confidential' are considered to be "Confidential Information".

2. Exclusions from Confidential Information. CONTRACTOR's obligations under this Agreement do not extend to information that is: (a) publicly known at the time of disclosure or subsequently becomes publicly known through no fault of the CONTRACTOR; (b) discovered or created by the CONTRACTOR before disclosure by PARTY; (c) learned by the CONTRACTOR through legitimate means other than from the PARTY or PARTY's representatives; or (d) is disclosed by CONTRACTOR with PARTY's prior written approval.

3. Obligations of CONTRACTOR. CONTRACTOR shall hold and maintain the Confidential Information in strictest confidence, ensuring that it is used only for purposes authorized by the PARTY. CONTRACTOR shall carefully safeguard access to Confidential Information to those persons authorized by the PARTY to have access. CONTRACTOR shall not, without prior written approval of PARTY, use Confidential Information to benefit any person or organization other than the PARTY. Upon severing of direct relationships with the PARTY, or upon written request from the PARTY, CONTRACTOR shall immediately return to the PARTY any and all records, notes, and other written, printed, or tangible materials in its possession pertaining to Confidential Information, and shall erase or destroy such information in CONTRACTOR's possession.

4. Time Periods. The nondisclosure provisions of this Agreement shall survive the termination of this Agreement plus an additional five years, and CONTRACTOR's duty to hold Confidential Information in confidence shall remain in effect until the PARTY sends CONTRACTOR written notice releasing CONTRACTOR from this Agreement, whichever occurs first.

5. Relationships. Nothing contained in this Agreement shall be deemed to constitute either party a partner, joint venturer or employee of the other party for any purpose.

6. Severability. If a court finds any provision of this Agreement invalid or unenforceable, the remainder of this Agreement shall be interpreted so as best to effect the intent of the parties.

7. Integration. This Agreement expresses the complete understanding of the parties with respect to the subject matter and supersedes all prior proposals, agreements, representations, and understandings. This Agreement may not be amended except in a writing signed by both parties.

8. Waiver. The failure to exercise any right provided in this Agreement shall not be a waiver of prior or subsequent rights.

This Agreement and each party's obligations shall be binding on the representatives, assigns, and successors of such party. Each party has signed this Agreement through its authorized representative.

 CONTRACTOR

Signature:

Printed name:

Title:

Dated:

PARTY

Green-Rainbow Party Co-Chairs

Authorized Signature:

Printed name:

Title:

Dated:

Authorized Signature:

Printed name:

Title:

Dated:

END OF NONDISCLOSURE AGREEMENT

 • FINANCIAL IMPLICATIONS: Cost: $150 job ad fees, plus cost per intern: $2,600. These funds would come from David Schwab’s fundraising work, and would be in addition to the expenditures toward the budget already provisionally approved. We would hire as many interns as we can afford, given fundraising results.