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AGREEMENT (2) I'." I I GIRLS CENTER OPERATING FUNDS AGREEMENT This Girls Center Operating Funds Agreement is made and entered into this 5" #V day of ~ I qq 2- between the City of Clearwater, hereinafter referred to as the City, and the Girls Incorporated of Pinellas, 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, social skills and good habits in those young girls who are socially and economically disadvantaged and to provide crisis intervention counseling to these same girls when needed so as to help the girls become productive members of the community and thereby enjoy a fuller range of opportunities; and WHEREAS, the City of Clearwater desires to help those young girls in need of activities to build social skills by providing funding for operational expenses for the Girls Club at Condon Gardens, and WHEREAS, Girls, Incorporated of Pinellas provides and operates a Girls Center in the City of Clearwater at Condon Gardens with counseling services available; NOW, THEREFORE, the parties agree as follows: ARTICLE I. TERM The term of this agreement shall be for a period of 12 months commencing on the 1st day of October, 1992 and continuing through the 30th day of September, 1993, (the Termination Date), unless earlier terminated under the terms of this agreement. ARTICLE II. RESPONSmILITIES OF THE AGENCY 1. Services to be Provided. The Agency shall provide the services of a girls center with counseling services. 2. Area to be Served. Services rendered through this agreement shall be provided within the corporate limits of the City of Clearwater as it now exists and as its boundaries may be changed during the term of this agreement. 3. Scheduled Reports of Agency Activities. The Agency shall furnish the City Department of Administrative Services, Grants Coordinator, with an annual report of activities conducted under the provisions of this agreement within sixty days of the end of the Agency's fiscal year. Each report is to set forth the total cost of operations provided, the detailed account of operational costs funded by the City grant funds provided, the number of Clearwater residents served, and commentary on the viability, effectiveness, and trends affecting the Girls, Inc. program. (!fl:r~ / ';' ('t I , ! I, --" I '. J I 4. Use and Disposition of Funds Received. Funds received by the Agency from the City shall be used to pay for expenses attendant to the operation of the Girls Center at Condon Garden. Funds existing and not used for this purpose at the end of the term 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, maintain and make accessible to authorized City representatives such financial and accounting records, books, documents, policies, practices and procedures necessary to reflect fully the financial activities of the Agency. Such records shall be available and accessible at all times for inspection, review or audit by authorized City personnel. 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 provision 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, handicap, age or national origin. 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, handicap, age, or national origin. c. Inclusion in Subcontracts. The Agency agrees to include the requirement to adhere to Title VI and Title VII of the Civil Rights Act of 1964 in all approved sub-contracts. d. Breach of Nondiscrimination Covenants. In the event of conclusive evidence of a breach of any of the above non-discrimination covenants, the city shall have the right to terminate this agreement. , . ) 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 of loss, 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 group dining locations whether or not based on negligence. ARTICLE ill. RESPONSIBILITIES OF THE CITY 1. Grant of Funds. The City agrees to provide a total grant of $ 10,450 to fund in part the operational costs, including utilities, incurred in providing the activities authorized by this agreement. 2. Payments. The total amount requested 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 in material respect shall constitute cause for termination. This agreement may be terminated with 30 day notice. 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 r, III .' I I (postage prepaid), on the fifth (5th) business day after the day on which such notice is mailed and properly addressed. 1. If to Agency, addressed to: President Girls,Inc. of Pinellas 7700 61st Street, North Pinellas Park, FL 34665 2. If to City, addressed to: Grants Coordinator Department of Administrative Services P.O. Box 4748 Clearwater, FL 34618-4748 ARTICLE VII. EFFECTIVE DATE The effective date of this agreement shall be as of the first day of October, 1992. ~ IN WITNESS WHEREOF, the parties hereto have set their hands and seals this ..)' - day of ~ , 1992. CITY OF CLEARWATER, FLORIDA BY:~ City Manager Approved as to form and correctness: Attest: . - ~~C . ~ ~.~' - . !,;g. -' .'-. .- Cyn .a E. Goudeau, City Clerk '-'~---:_---~- -.. / I \ GIRLS INCORPORATED OF PINELLAS By:Lt~ _ President , <;::~ est: ) j->A tu cL~ I~)' (/ ~'--___, !_ L./ "-,. .:~ I / Witnesses as to Agency: