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AGREEMENT-PROVIDE A NUTRITIONAL PROGRAM FOR THE ELDERLY CONSISTING OF A CONGRAGATE DINING PROGRAM -.. :. I I AGREEMENT THIS AGREEMENT, made and entered into this First day of October, 199D, by and between NEIGHBORLY SENIOR SERVICES, INC., a Florida non-profit corporation, hereinafter referred to as "Agency", and the CITY OF CLEARWATER, FLORIDA, a municipal 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 hereby agree as follows: I. 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 withiln the City of Clearwater. 2. To provide a nutritional program for the elderly consisting of a congragate dining program. C. Audit and records. 1. To maintain f inanc ial records and reports and to submit operating statements to the City as requested. 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 inspection, review or authorized by the City. subject at audi t by all times to personnel duly 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) 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. NQUST.CRT 1 cl (!, ~:r 41.A""'~ /D-O/t.-OO ": 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. Monitorino. 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 for the aforementioned services shall be returned to the City. H. Civil Riohts 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 Acts 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 providing 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. II. 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, 1990, through September 30, 1991, shall be as follows: Four quarterly payments of $2,915.00 ($11,660.00 annually) subject to review by the City Commission. NQUST.CRT 2 .. I I III. The City of Clearwater and the Agency mutually agree as follows: A. Effective Date. 1. The effective date of this contract as described shall be the first day of October, A.D. 1990. 2. This contract shall cover a period of time from the effective date through September 30, 1991. B. Inclusive Terms and Conditions. This contract contains all the 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 any of the parties hereto. C. Notices. All notices provided herein shall be mailed to the Agency at the following address: 13650 Stoneybrook Drive Clearwater, FL 33520 D. Administrative Reauirements. The Agency shall comply with the following administrative requirements: 1. Records of the Agencies to be accessible to City staff and the public, according to Florida Public Documents Law. 2. Information to be made available to the City upon request. 3. All Board meetings to be held in "the Sunshine". 4. An Affirmative Action Plan to be in effect subject to monitoring and approval by City staff. 5. 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. IV. All notices provided herein shall be mailed to the City at the following address: James M. Polatty, Jr. City of Clearwater Planning & Development Department P.O. Box 4748 Clearwater, FL 34618 NQUST.CRT 3 .... ,.,_.!' ~ .. i' I I IN WITNESS WHEREOF, the parties hereto have executed this agreement on the day and year first above written. CITY OF '- ..;.--" By: .- rectness: Attest: .~ (r 1 ^-~-2 . ~/~~~.~_ ..............~ 1'= Citr-C~'6rk__:"-'- .....,:.- ... . '-- w~~.~y, ~- ~ / ~ -...,/ NEIGHBORLY SENIOR SERVICES By' ~d)~ ~ ~ ~ Executl Director At~" 1? ~cr:t~ NQUST.CRT 4