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AGREEMENT-NUTRITIONAL PROGRAM FOR THE ELDERLY TO INCLUDE CONGREGATE DINING FACILITIES AND MEAL-ON-WHEELS PROGRAMS 'z ''-, I AGREEMENT I 7R. THIS AGREEMENT, made and entered into this II) day of C) (. ,0) (9 El't. , A. D. 1950, by and between THE NEIGHBORLY CENTER, INC., a Florida non-profit corporation hereinafter referred to as "Agency", and the CITY OF CLEARWATER, FLORIDA, a Inunicipal corporation, hereinafter referred to as 'ICity"; WITNESSETH: The parties hereto, for and in consideration of the mutual covenc.nts herein made and the benefits flowing frorn each party to the other, do her eby agree as follows: 1. The Agency agrees as follows: A. Area to be served. To provide in the City of Clearwater the services hereinafter described. B. Services to be nrovided. (1) To provide the services at the following location( s): The existing Clearwater congregate dining facilities and elsewhere within Clearwater. (2) To provide t]1e following services: A nutritional program for the elderly to include congregate dining facilities and a meal-on-wheels program. c. Audit and records. (1) To maintain financial records and reports ,and to submit operating statements to the City as requested. (2) To maintain books. r ec ords, documents and other evidenc e and accounting procedures and practices which sufficiently and properly reflect all direct and indirect costs of any nature. I,. ,fl. \" , -1- 10- c' to - [b c-~ (3) '"'tese records shall be subject It ail times to inspection, review or audit by personnel duly authorized by the City. (4) To collect statistical data of a fiscal nature on a regular basis and to make fiscal statistical reports at all times prescribed by, and on forms furnished by, the City. D. Retention of records. To retain all books, records and other documents relative to this agreement for five (5) year s after final payment. Any persons duly authorizedby the City shall have full access to and the right to examine any of said materials during said period. E. Evaluation reports. To furnish the City with a monthly evaluation, report on the effectiveness of the program and to furnish such other r~ports and iniormation that the City may require. A final report shall be made within thirty (30) days after funding of the program ends. F. Monitering. To permit the City to moniter the program by designating its official representative to the Agency's Board of Directors. G. Return of funds. That any City funds n.ot expended for the aforementioned serVlces shall be returned to the City. H. Civil Rights Act of 1964. (1) That there will be no discrimination against any employee or recipient on account of race, color, sex, religious sect, national origin or ancestry in the performance of this contract. (2), That the Agency will comply with Title VI of the Civil Rights Act of 1964 in regard to persons served. (3) That the Agen~y will comply with Title VII of the Civil Rights Act of 1964 in regard to employee s or applicants for employment. (4) It is expressly understood that upon receipt of evidence of such discrimination, the City shall have the right to terminate this contract. (5) That the Agency shall include this Civil Rights Act requirements in all approved subcontracts. - 2- ,I I 1. InclcIymification ;-tnc1 Insnrance. The Agency shall act as an indept;ndent contractor in operating the aforementioned s crvi c e s. The Agency shall be liable for, and shall indemnify, defend and hold the City ha rmles s, for all claims, suits, judgments or danlages arising from the operation of the aforenlentioned serVlces during the tcrm of this contra<?t, and shall provide adequatc liability insurance coverage at its e>.:pense. 2.. The City of Clearwater agrees'that, subject to the availability of funds, paynlCnt from the City to the Agen~y for the period of October 1, 1980 through September 30, 1981 shall be as follows: Four (4) quarterly disbursements of $2,500.00 each, subject to review by the City Commission. 3, The (:~ty ()f ~learwat~r Q.ng the Agen~y mutually agree as follows: A. ~ffective Date. (1) The effective date of this contract as describe9 herein gay of October , A, P, 19 80, ~hCin be the First (~) This contract ,sl1all ~over Ci period of time from the ~Uective date through ;B. Inclusive Ter-ms and Conditions, This ~o!ltract contains all t}:le terms and conditions agreed upon by the parties. No other agreements,' oral or otherwise, regarding the subject matter of this contract, shall be deemed to exist or to bind 3-ny of the parties hereto. C. Notices. All notices provided hercin shall be Hlailed to the Agency at the following address: 440 - 2nd Avenue North St. Petersburg, Florida 33701 -3- r, J I D. Administrative Requirements. The Agency shall comply with the following administrative requirements: (1) Furnish external audit, ,certified, to the city at the end of the Contract period. (2) Records of the Agencies to be accessible to City staff and the public, according to Florida Public Documents Law. (3) Information to be made available to the City upon request. (4) All Board meetings to be held in "the Sunshine". (5) An Affirmative Action Plan to be prepared and steps outline for implementation, subject to monitoring and approval by City staff). (6) Funding to be on a quarterly bais, and except at the beginning of the program year, all reports must be received before the next quarter's funds will be authorized. All notices provided herein shall be mailed to the City at the following address: City Manager, City of Clearwater P.o. Box 4748 Clearwater, Florida, 33518 IN WITNESS WHEREOF, the parties hereto have executed this agreement the day and year first above written. AGENCY THE NEIGHBORLY CENTER, INC. ~~Yn~ ~~~~~ r 1 g/~ f?G1~BY Mayor-Commissioner ATTEST: ~~l. ~.Ll..~ City Clerk form and Cf Y torney ~sast~ /} 7 .. ~~V/ ~,- L~~ , -4-