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EQUIPMENT & RENOVATION FUNDING AGREEMENT 1998-1999 " I I AGREEMENT Between THE JUVENILE WELFARE BOARD And CITY OF CLEARWATER (Recreation Activities For Teens) I. PURPOSE The Juvenile Welfare Board of Pinellas County, hereinafter referred to as "JWB", and City of Clearwater, hereinafter referred to as "Provider", enter into this mutual Agreement, including all attachments referred to herein, for the period commencing December 1 0, 1998 and extending through September 30, 1999. II. FUNDS The Juvenile Welfare Board of Pinellas County agrees to reimburse the Provider for an amount not to exceed $3,905 or 75% of the cost of the approved equipment, renovation, or land, building or equipment expenditure, whichever is less. III. METHOD OF PAYMENT JWB will reimburse the agency following satisfactory receipt of the JWB Reimbursement Request form including a paid receipt for equipment purchases. IV. TERMINATION 1. It is the intent of the JWB to assure a consistent and orderly delivery of children's services. It is the further intent of JWB to terminate Agreements only in those situations where such action is essential to protection of its interests and the interests of children, as determined by JWB. 2. Except as provided in subparagraphs 3 and 4 below, this Agreement may be terminated by either party upon no less than thirty (30) days notice. Said notice shall be delivered by certified mail, return receipt requested, orin person with proof of delivery. 3. In the event funds to finance this Agreement become unavailable, JWB may terminate the contract upon no less than twenty-four (24) hours notice in writing to the Provider. Said notice shall be delivered by certified mail, return receipt requested, or in person with proof of delivery. JWB shall endeavor, whenever possible and consistent with its legal obligations and prinCiples of prudent management to provide 30 days notice for Termination for Lack of Funds. JWB shall be the final authority as to the availability of funds and extension of notice beyond the minimum time herein stated. 4. In addition to the rights, as set forth in paragraph IV., 2 above, this Agreement may be terminated by JWB for any breach by Provider of the terms of this Agreement, including all attachments, upon twenty-four (24) hours written notice. Said notice shall be delivered by certified mail, return receipt requested, or in person with proof of delivery. JWB at its discretion may waive any breach by the Provider in writing, but such waiver shall not constitute a waiver of any future breaches, including breaches of the same type. ()O ~.2 O'~f~. CO (;' I I 5. The above provisions shall not limit JWB's right to remedies at law or to damages. V. COMMENCEMENT OF PAYMENT Unless specifically authorized by JWB, payment for equipment and renovations rendered under this Agreement shall not commence prior to its effective date. VI. SPECIAL CONDITIONS In signing this Agreement, the Provider certifies that funds expended under this Agreement will not supplant JWB funds currently under contract. \~ Executive Director, Juvenile Welfare Board A~oafl(~ \,,-J I-~J/fi Date ;j;9/11 Date I 1- ATTACHMENT 1 GENERAL CONDITIONS OF THE AGREEMENT 1. Agreement Revisions - TI1is Agreement, and Attachments 1 and 2 constitute the contractual relationship between the Provider and JWB. No amendments to this Agreement or its attachments may be made without the prior written approval of JWB and Provider. 2. Fiscal Responsibilitv - Provider agrees: A. To maintain books, records and documents in accordance with generally accepted accounting procedures and practices which accurately and appropriately reflect all expenditures of funds. B. That all financial records and supporting documentation shall be subject at all times to inspection, review, or audit by JWB personnel or its duly authorized agent C. To maintain and file with JWB in a timely fashion reports related to services provided under this Agreement " D. To retain all financial records, supporting documentation, statistical records, and any other docwnents pertinent to this Agreement for a period of five (5) years after tennination of this Agreement. If an audit has been initiated and audit fmdings have not been resolved at the end of five (5) years, all records shall be retained until resolution of audit findings. 3. Nondiscrimination - Provider agrees that no person shall, on the grounds of race, sex, handicap, national origin. religion, marital status or political belief, be excluded from participation in, denied the benefit(s) of, or be otherwise discriminated against as an employee, volunteer, or client of the provider, except that programs may designate services for specific client groups as defined in the application. Provider agrees to maintain reasonable access to handicapped persons. 4. Publicizing of JWB Supoort - Provider agrees to utilize reasonable opportunities to publicize support received from JWB. 5. Confidential Information - Provider shall not use or disclose any information which specifically identifies a recipient of services under this Agreement, except as may be necessary to implement General Condition 2, and for any purpose not in conformity with federal, state, or local statute or regulations, except on written consent of the recipient, or his responsible parent or guardian where authorized by law. 6. Return of Funds - Provider agrees to return to JWB any overpayment due to unearned funds or funds disallowed pursuant to the terms of this Agreement that were disbursed to Provider by JWB, and such funds shall be considered JWB funds and shall be refunded to JWB in accordance with its instructions. 7. Eauipment - Equipment purchased with JWB equipment and renovation funds is considered the inventory of the Provider and accounted for and controlled by the Provider. Inventory reports will be available to JWB upon request. Once equipment is fully depreciated it becomes the property of the Provider. JW13 will accept the depreciation schedule of the Provider's auditor. Equipment purchased with JWB equipment and/or renovation funds revert to the ownership of JWB if the program for which it was purchased is discontinued and the equipment is not fully depreciated. Equipment purchased with monies from more than one funding source will revert to the ownership of those sources in the same percentage as funded if the program for which it was purchased is discontinued and the equipment is not fully depreciated. 8. Provider Staff Membershio on Board - Provider agrees that provider staff shall not serve as members of the Provider's governing board. 9. Soecial Situations - Provider agrees to inform JWB in a timely manner of any circwnstances or events which may reasonably be considered to jeopardize its capability to continue to meet its obligations under this Agreement. 10. Waiver - JWB reserves the right to waive requirements of the above stated Agreement and General Conditions where warranted by specials circumstances. . I , ATTACHMENT 2 Approved Purchases Following is a list of equipment and renovation purchases approved by the Juvenile Welfare Board at the December 10, 1998 Board Meeting. Sound system $3,905 Any deviation from the above approved purchases cannot be reimbursed by JWB unless the provider has received prior approval from JWB.