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AGREEMENT-PROVIDE A NUTRITIONAL PROGRAM FOR THE ELDERLY CONSISTING OF A CONGREGATE DINING PROGRAM (3) TO: FROM: COPIES: SUBJECT: DATE: I CIT~ OF CLEARWATER Interdepartment Correspondence Sheet M. A. Galbraith, Jr. - City Attorney Directo~~ Joseph R. McFate - Planning & urban Development Social Service Funding Agreement October 30, 1985 Concurrent with the adoption of the City's 1985-86 operating budget, the City Commission authorizes the funding of certain social agencies through this Department. This year's budget included funds for Neighborly Senior Services, Inc., as well as those other agencies for which you have already received agreements, in the amount contained in the enclosed proposed agreement with that agency. Thrle'e copies of the agreement are enclosed fOri your rleview. The agreement form was prepared by our prior City Attorney for this purpose and has been utilized by the City over the past six years. If this agrleement is satis- factorly as to form and correctness, please have it executed by the appro- proprliate City officials; one copy to be retained by the City Clerk and two to be returned to me for distribution. JRM: nt ." ~', '", ",; ::~" ..' ...: 'Ii ,\ or I' ',-I '.-J (;c\ c.., '(.:,!> "!"' " , !7:~" I I AGREEMENT -f--- THIS AGREEMENT, made and entered into this 30 day of ()c7.:J8t.f'::' 1985, by and between NEIGHBORLY SENIOR SERVICES, INC., a Florida non- profit corporation, hereinafter referred to as "Agency", and the CITY OF CLEARWATER, FLORIDA, a municpal corporation, hereinafter referred to as "City" ; WIT N E SSE T H : The parties hereto, for and in consideration of the mutual covenants herein made and the benefits flowing from each party to the other, do here- by 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. (1) To provide the services at the congregate dining facilities within the City of Clearwater. (2) To provide a nutritional program for the elderly consisting of a congregate dining program. C. Audit and records. (l) To maintain financial records submit operating statements requested. and reports and to the City to as (2) To maintain books, records, documents and other evidence and accounting procedures and practices which sufficiently and properly reflect all direct costs of any nature. (3) These records shall be subject at all times inspection, review or audit by personnel authorized by the City. to duly (4) To collect statistical data of a fiscal nature on a regular basis and to make fiscal statistical re- ports at all times prescribed by, and on forms fur- nished by, the City. D. Retention of records. To retain all books, records and other documents relative to this agreement for five (5) years after final payment. Any persons duly authorized by the City shall have full access to and the right to examine any of said materials during said period. " /' . (9,/)SOS~VC' K '._.l/ . . /~ vQ-1:./~;;' _, :,:~}, /..-fl,'1 _'" '-~, ," ~" "l~':::~' . . "'La-t.. '.(.A.':.-e....-- 1/ /5/f:.<r lO/l/85 1 I{ '. (., " , /-', t.-. . c:>-:--~"---- ~-_.._~--- , . t, '\ ' . ~T) I I E. Evaluation reports. To furnish the City with a monthly evaluation report on the effectiveness of the program 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. Monitoring. To permit the City to monitor the program by designating its official representative to the Agency's Board of Directors. G. Return of funds. That any City funds not expended the aforementioned services shall be returned to City. for the H. Civil Rights Act of 1964. (l) 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 Agency will comply with Title VII of the Civil Rights Act of 1964 in regard to employees 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. I. Indemnification and Insurance. The Agency shall act as an independent contractor in operating the aforementioned services. The Agency shall be liable for, and shall indemnify, defend and hold the City harmless, for all claims, suits, judgments or damages arising from the operation of the aforementioned services during the term of this contract, and shall provide adequate liability insurance coverage at its expense. 2. The City of Clearwater agrees that, subject to the availability of funds, payment from the City to the Agency for the period of October 1, 1985 through September 30, 1986, shall be as follows: Four quarterly payments of $2,700.00 ($lO,800.00 annually) subject to review by the City Commission. 3. The City of Clearwater and the Agency mutually agree as SOCSVC.K 10/l/85 2 I I follows: A. Effective Date. (l) The effective date of this contract as described shall be the first day of October, A.D. 1985. (2) This contract shall cover a period of time from the effective date through September 30, 1986. B. Inclusive all the parties. regarding deemed to Terms and Conditions. This contract contains terms and conditions agreed upon by the No other agreements, oral or otherwise, the subject matter of this contract, shall be exist or to bind any of the parties hereto. C. Notices. All notices provided herein shall be mailed to the Agency at the following address: l3650 Stoneybrook Drive Clearwater, FL 33520 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. (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 steps outlined for implementation, subject monitoring and approval by City staff. and to (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. 4. 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 SOCSVC.K 10/1/85 3 .' I the day and year first above written. Witnesses as to Agency,: ~ ff~( / I Approved as to form & correctness: ~~ City torney SOCSVC.K lO/l/85 I NEIGHBORLY SENIOR SERVICES, INC. BY~~ iKesi~eR~Executive Director ATTEST, ~ /-; /' .. .. It...tL~ -J.a . .''--I!-.&t:~d!..L Secretary By ATTEST: _. ~~~A~-~ CitYClerk_,:.~,~ ~ .~ .. ~..: ............, -- -- -~'- "- ~ - "'~.....;.. .~, /" '. 4