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AGREEMENT TO PROVIDE EDUCATIONAL MOTIVATIONAL AND CULTURAL ACTIVITIES FOR YOUTH IN NORTH GREENWOOD AREA ~. -- I I AGREEMENT This Funds Agreement is made and entered into between the City of Clearwater, hereinafter referred to as the City, and Ervin's All American Youth Club, Inc. hereinafter referred to as the Agency. WHEREAS, it has been determined to be highly desirable and socially responsible to provide activities to build and foster the confidence, educational and social skills and good habits in young people; and WHEREAS, the City desires to help young people to build social skills by providing operational support; and WHEREAS, the Agency has established programs that provide educational, motivational and cultural activities for youth in the North Greenwood area of the City of Clearwater NOW, THERFORE, the parties agree as follows: ARTICLE I. TERM The term of this agreement shall be for a period of 12 months commencing on the 1 st day of October, 1999 and continuing through the 30th day of September, 2000 (the Termination Date) unless earlier terminated under the terms of this agreement. ARTICLE II. RESPONSIBILITIES OF THE AGENCY 1. Services to be Provided: The Agency shall provide the following services: a) An After School Enrichment Program, which provides a homework club and tutoring assistance provided by Pinellas County School volunteers, tutors, staff and certified teachers. b) The Dream Builders academy, which incorporates the Rites of Passage program, develops family bonding, educational experiences and self-image enhancement. c) The Academy ofEntreprenuership, which provides job training for youth. 2. Area to be Served: Services rendered through this agreement shall be provided within the corporate limits ofthe City as it now exists and as its boundaries may be changed during he term of this agreement. 3. Scheduled Reports of Agency Activities: The Agency shall furnish the City Human Relations Department, Grants Coordinator, with an annual report of activities conducted under the provisions of this agreement within sixty days of the end ofthe Agency's fiscal year. Each report is to identify the number of clients served, the costs of such service, and commentary on the viability, effectiveness, and trends affecting the program. ~ / /~' '- /' ,.0; ~~)... - / -'. (~/i\' /~~ ~,- ~ I I 4. Use and Disposition of Funds Received: Funds received by the Agency from the City shall be used to pay for the above services as further described in a separate budget proposal submitted by the Agency to the City. Funds existing and not used for this purpose at the end of this agreement term shall be deemed excess to the intended purpose and shall be returned to the City, 5. Creation, Use, and Maintenance of Financial Records: a) Creation of Records: Agency shall create and maintain financial and accounting records, books, documents, policies, practices, procedures and any information necessary to reflect fully the financial activities ofthe Agency. Such records shall be available and accessible at all times for inspection, review, or audit by authorized City representatives. b) Use of Records: Agency shall produce such reports and analyses that may be required by the City and other duly authorized agencies to document the proper and prudent stewardship and use of the monies received through this agreement. c) Maintenance of Records: All records created hereby are to be retained and maintained for a period not less than five (5) years from the termination of this agreement. 6. Non-discrimination: Notwithstanding any other provisions of this agreement during the term of this agreement, the Agency for itself, agents and representatives, as part of the consideration for this agreement, does covenant and agree that: a) No Exclusion from Use: No person shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination in the operation of this program on the grounds of race, color, religion, sex, age, national origin, or disability. b) No Exclusion from Hire: In the management, operation, or provision of the program activities authorized and enabled by this agreement, no person shall be excluded from participation in or denied the benefits of or otherwise be subject to discrimination on the grounds of or otherwise be subjected to discrimination on the grounds of race, color, religion, sex, age, national origin, or disability. c) Inclusion in Subcontracts: The Agency agrees to include the requirement to adhere to Title VI and Title VII ofthe Civil Rights Act of 1964 in all approved sub-contracts. d) Breach of Nondiscrimination Covenants: In the event of conclusive evidenced of a breach of any of the above non-discrimination covenants, the City shall have the right to terminate this agreement. tXJ .... r: I I 7. Liability and Indemnification: The Agency shall act as an independent contractor and agrees to assume all risks of providing the program activities and services herein agreed and all liability therefore, and shall defend, indemnify, and hold harmless the City, its officers, agents, and employees from and against any and all claims ofloss, liability, and damages of whatever nature, to persons and property, including, without limiting the generality of the foregoing, death of any person and loss of the use of any property, except claims arising from the negligence or willful misconduct of the City or City's agents or employees. This includes, but is not limited to matters arising out of or claimed to have been caused by or in any manner related to the Agency's activities or those of any approved or unapproved invitee, contractor, subcontractor, or other person approved, authorized, or permitted by the Agency in or about its premises whether or not based on negligence ARTICLE III. RESPONSIBILITIES OF THE CITY 1. Grant of Funds: The City agrees to provide a total grant of $50,000 to fund the program in accordance with this agreement and subject to City Commission budget approval. 2. Grant of In-Kind Services: The City agrees to provide the services of the city's grant writer for the purposes of assisting the Agency in identifying and applying for additional grant funding that will support and enhance the programs ofthe Agency. The services of the grant writer will be limited to the availability and discretion of the City of Clearwater. However, at a minimum every attempt will be made to write at least one substantial grant for the Agency or several smaller grants totaling $50,000. If a grant match is required the Agency shall be responsible to provide for the match, The City will not provide any additional in kind services, supplies, labor or equipment whether on loan or for consumption, to the Agency. 3. Payments: The total amount ofthis grant will be paid by the City to the Agency within 30 days after execution of this agreement by the City and the Agency but no earlier than October 1 of the budget year for which the funds are authorized. ARTICLE IV. DISCLAIMER OF WARRANTIES This Agreement constitutes the entire Agreement of the parties on the subject hereof and may not be changed, modified, or discharged except by written Amendment duly executed by both parties. No representations or warranties by either party shall be binding unless expressed herein or in a duly executed Amendment hereof. ARTICLE V. TERMINATION 1. For Cause: Failure to adhere to any of the provisions of this agreement as determined by the City shall constitute cause for termination. This agreement may by terminated with 5 days notice without any further obligation by City. ,t:IJ ~ ~ ,~ I I 2. Disposition of Fund Monies: In the event of termination for any reason, monies made available to the Agency but not expended in accordance with this agreement shall be returned to the City. ARTICLE VI. NOTICE Any notice required or permitted to be given by the provisions of this agreement shall be conclusively deemed to have been received by a party hereto on the date it is hand-delivered to such party at the address indicated below (or at such other address as such party shall specify to the other party in writing), or if sent by registered or certified mail (postage prepaid), on the fifth (5th) business day after the day on which such notice is mailed and properly addressed. 1. If to City, addressed to Grants Coordinator, Human Relations Department, P.O Box 4748, Clearwater, FL 33758 2. If to Agency, addressed to E. Ajamu Babalola, President/CEO, 1104 N. Greenwood Ave. Clearwater, FL 33755. ARTICLE VII. EFFECTIVE DATE The effective date ofthis agreement shall be as ofthe first day of October, 1999. ARTICLE VIII. CONTINGENCY This agreement is contingent upon inclusion by the City Commission of funding for this Social Services Grant in the City of Clearwater Fiscal Year 199912000 Operating Budget. IN WITNESS WHEREOF, the parties hereto have set their hands and seals this i(~ ~day of ~b.^-..... ,1999. ERVIN'S ALL-AMERICAN YOUTH CLUB, INC. ATTEST: ,#1 CITY OF CLEARWATER, FLORIDA By: t J. Roberto .- City Manager L t--;:L~ BrIan J. AungstO ' Mayor-Commissioner Approved as to form: ~c7~ ~assas Assistant City Attorney