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AGREEMENT-NUTRITIONAL PROGRAM FOR THE ELDERLY TO INCLUDE CONGREGATE DINING FACILITIES AND MEAL-ON-WHEELS PROGRAM ,,.._'7 I clv OF CLEARWATER ._,~""'" Interdepertment Correspondence Sheet TO: Tom Bustin - City Attorney FROM: Joseph R. McFate - Community Development Director Jffm('a~ COPIES: DATE: October 28, 1981 If)-~cY/1/ ~UBJECT: Neighborly Senior Services, Inc. Please review the enclosed Neighborly Senior Services, Inc., Agreement and have it executed by the proper City officials. Ask the City Clerk to return two copies to me. ~ /1/3/f>! The funds for this contract were contained in the approved 1981/82 operating budget. JRM:nt t,1). 'i-'\'~ ".to" ~U ')9 ~. "'~ O~ '-' ~..~ '-~- . ~'" -*, w"~ ~, "..,,-- o( I AGREEMENT , jr THIS AGREEMENT, made and entered into this day of ~tJ~, -OCLubca , A. D. 1981, by and between NEIGHBORLY SENIOR SERVICES, INC., a Florida npn-profit corporation hereinafter referred to as "Agency", and the CITY OF CLEAR WATER, FLORIDA, a municipal corporation, hereinafter referred to as IICity"; WITNESSETH: The parties hereto, for and in consideration of the mutual covenants herein made and ,the benefits flowing from 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 provided. (l) To provide the services at the following location(s): The existing Clearwater congregate dining facilities and elsewhere within Clearwater. (Z) To provide the following ser,,-ices: A nutritional program for the elderly to include congregate dining facilities and a meal-on-wheels program. C. Audit and records. (I) To maintain financial records and reports and to submit operating statements to the City as reque sted. (2) To maintain books, records, documents and other evidence and accolmting procedures 2nd practices which sufficiently and properly reflect all direct and indirect costs of any nature. c ,. '. (l /',cG ~?~~/ ( ,I( "'J ...l .'''' ., '0" .) co. /r .(,M""j_4-..,.,. v -:; L-: (,~tc,,-- ,", ,"..I f (i i-JR/J,(,L (It:' i {~ f 111~/t?1 -1- , , \.' I ,,- I D- 0 \,r; '.~ Ie' ( ';,) ..","'" ; . . (3 ) fese records shall be subject It all times to inspection, review or audit by personnel duly authorized by the City. (4) To coIled 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 agr eement 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 furj;fsh the City with a monthly evaluation, report on the effectivene s s of the pr ogram and to furnish such other reports and information 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 repres entative to the Agency's Board of Directors. G. Return of funds. That any City funds ~ot expended for the aforementioned services 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 cornply with Title VI of the Civil Rights Act of 1964 in regard to persons served. (3) That the Agen<;y will comply \'v-ith Title VII of the Civil Rights Act of 1964 in regard to employees or applicants for enlploynl.ent. (4) It is expressly understood that upon receipt of evidence of such discrimination, the City shall have the right to terminat~ this contract. (5) That the Agency shall include this Civil Rights Act requiren1ents in all approved subcontracts. - 2- '" -....- I I .,. 1. Indenmification and InB\1T;1nce. Thc Agency shall act as an indcp~ndcnt contractor in operating the aforcmentioned services, The Agcncy shall be liable for, and shall indcIY).Dify, defcnd and hold the City harmle s s, for all claims, suits, judgments or damagcs arising from the operation of the aforemcntioncd scrvices during the tcrm of this contra<;t, and shall provide adequatc liability insurance coverage at its o,"pense. 2. The City of Clearwater agrees'that, subject to the availability of funds, payn~ent from the City to the Agen~y for the period of September 30 1982 October l, 1981 through sJ1a'J.l De as follows: Four (4) quarterly disbursements of $2,500.00 each, subject to review by the City Commission. 3, The <;~ty 9fCJ~a!wat~r imcl the Agen~y !Pytpally Cigree as follows: A~ ;g:ffective Date. (~) The effective date of this contract as describeQ herein ; ehaH pe the 1st g~y Qf October , A, P, 1 9 8l, (?) This contract ,sha~l ~over Ci period of tirrie horn the ~Uective date through ]3. Inclusive Ter-rns and Conditions, This ~optract contains all :t}:le terms and conditions agrecd upon by the parties. No other agreernents,- oral or otherwisc, regaraing the subject matter of this contract, shall be dccrncd to exist or to bind 2.ny of the .parties hereto. c. Notices. All notices provicJcd hercin shall be mailed to thc Agency at th~ following addrcss: 440 - 2nd Avenue North St. Petersburg, Florida 3370l - 3- ...p.!:"'''. '"' I I .... D. Administrative Requirements. The Agency shall comply with the following administrative requirements: (l) 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. I (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 basis, 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 ;Z;;Ll;;{?~ NEIGHBORLY SENIOR SERVICES, INC. : lli_.~~~O~ By ~~~~~ ~ . ~~ President form and ATTEST: . vt~.L~'-_;~, . . City Ckrk ',- --- .-- -:: City Attorney Witnesses as to City: -+-L /~J~~ ~ ~ff/? -4-