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HomeMy WebLinkAboutRecipient Agreement with Senior Center for Reimbursement for Senior Center Transportation CosRECIPIENT AGREEMENT BETWEEN CITY OF MERIDIAN ERIDIAN SENIOR CENTER FOR FISCAL YEAR 2011 FUNDS AND M • this da of 52 ,rr,' 2011 by and between the City of This A eement is entered into ~ y • • ' ' anized under the laws of the state of Idaho ("City") and Meridian Senior Meridian, a municipal corporation org , . „ ' le co oration or anized under the laws of the state of Idaho (Recipient ). Center, a nonprofit charitab rp g ' Reci lent have over the course of several years, developed a relationship of WHEREAS, City and p cooperation and mutual assistance; and S under the ublic u ose doctrine underlying Idaho Constitution Article 8, section 2, as WHEREA , p p ~ 1 aho ' Su reme Courtin e.., Board of County Commissioners of Twin Falls County v. d articulated by the Idaho p ~ g hori 96 Idaho 498 1975 ,the City can finance only activities that do have a primarily Health Facilities Aut ty, ( ) , . ' a rimaril rivate u ose, that is, activities that both benefit the community of Meridian as public, rather than p y p p ~ a whole and are directly related to the function of government; WHEREAS Reci lent benefits the community of Meridian as a whole by offering its patrons p ' nal creative entertainment, socializing, informational, and educational opportunities, resources and recreatio , ' es related to its atrons' health and wellbeing, and one meal daily, and in so doing not only proactively servic p r s for a historicall underserved and often needy population, thereby alleviating the need for other agencies, ca e y families and or anizations do so, it also extends its offerings to any and all members of the community; g WHEREAS The Meridian Senior Center will be using said funding for Transportation Services of their patrons to the Center. NOW THEREFORE, in consideration of the mutual covenants of the parties, the Parties agree as follows: I. SCOPE OF SERVICE A. Activities. Reci lent ma receive an amount not to exceed thirty thousand dollars ($ 3 0,000) annually to p y rovide services for the seniors of Meridian as described in the attachments to this agreement. The p arties ma .amend this a eement from time to time, at least once annually is anticipated, but it may be p y ~' done as needed. The funds allocated and the services that are to be provided shall be incorporated in these amendments to this agreement. As a condition of receiving these funds, Recipient shall be res onsible for administerin its City funds in a manner satisfactory to City and consistent with any and P g all requirements set forth in this Agreement. B. Goals. Reci Tent shall undertake activities pursuant to this Agreement that serve the Senior Citizens in p the Meridian communit in areas that are not provided by other entities. Primarily transportation and Y meals are the rimar areas of service anticipated, but the needs and services may change over time and p Y an Chan es in relation to the funds provided by the City shall be incorporated into the amendments to Y g this Agreement. C. Timeline. Reci lent shall undertake activities pursuant to this Agreement within the annual fiscal p appropriation. D. Documentation. Annually, at a date designated by the City the Recipient shall provide to City a written re ort of activities undertaken under this Agreement, including narrative descriptions and records of p each activit undertaken, including dates of expenditure, property or services purchased, receipts, and Y . such other documentation as maybe specifically requested by City to demonstrate compliance with this RECIPIENT AGREEMENT -MERIDIAN SENIOR CENTER PAGE l OF 5 A reement or furtherance of goals set forth herein. g ' Cit will monitor the erformance of Recipient against goals as set forth E. Performance monitoring. y p monitorin shall include Cit 's review of Recipients' submitted documents for herein. Performance g Y letion as well as sufficient financial reporting satisfactory to the City's Chief accuracy and comp . h cer. Substandard erformance as determined by City shall constitute noncompliance wit FinancialOffi p , . nt. If action to correct such substandard performance is not taken by Recipient within this Agreeme s 14 after bein notified b City, this Agreement may be suspended or terminated. fourteen day ( ) g Y ' erformance. Services of Reci lent shall start implementing the activities described herein on F. Time of p p ctober 1 of each calendar ear through September 30 of the subsequent year. The term of this or after 0 Y , . . ment and the rovisions herein may be extended annually to cover any additional time period Agree p during which Recipient remains in control of City funds. ress Re orts. Reci lent shall submit a regular Progress Report, in the form and content as required G. Prog p p b Cit with ever draw request. If Progress Reports are delinquent, draw requests will not be Y Y~ Y . rocessed until the Jelin uenc is cured. Progress Reports must contain information on outcome-based p q Y measurements as outlined in this Agreement. H. Su lementation of other funds. Recipient agrees to utilize funds available under this Agreement to pp supplement, rather than supplant, funds otherwise available. I. Closeout. Reci Tent's obligation to City shall not end until all closeout requirements are completed. p Activities during this closeout period shall include, but shall not be limited to: making final payments, dis osin of ro am assets (including the return of all unused materials, equipment, unspent cash p g p ~' advances, rogram income balances, and accounts receivable to City), and determining the p custodianshi of records. Notwithstanding the foregoing, the terms of this Agreement shall remain in p effect during any period that Recipient has control over City funds. J. Audits and inspections. Ail Recipient records with respect to any matters covered by this Agreement shall be made available to City at any time during normal business hours, as often as deemed necessary, to audit, examine, and make excerpts or transcripts of all relevant data for purposes of investigation to ascertain com Hance with the rules, regulations and provisions stated herein. Any deficiencies noted in p audit re orts must be fully repaired by Recipient within thirty (30) days after receipt of such report by p Reci Tent. Failure of Recipient to comply with the above audit requirements will constitute a violation p of this Agreement and may result in the withholding of future payments. K. Pa ment Procedures. It is expressly agreed and understood that the total amount to be paid by City y under this Agreement shall not exceed thirty thousand dollars ($30,000}. City will pay to Recipient funds available under this Agreement based upon detailed invoice submitted by Recipient, and consistent with any approved budget and City policy concerning payments. City reserves the right to li uidate funds available under this Agreement for costs incurred by City on behalf of Recipient. q L. Records to be maintained. In addition to specific records mentioned in this Agreement, Recipient shall maintain all records that are pertinent to the activities to be funded under this Agreement, including, but not limited to: 1. Full descriptions and records of each activity undertaken; 2. Records required to document the acquisition, improvement, use or disposition of property acquired or improved with City funds; 3. Financial records; 4. Other records necessary to document compliance with this Agreement or applicable law. RECIPIENT AGREEMENT -MERIDIAN SENIOR CENTER PAGE 2 OF 5 ' ed re resentative of each arty. Such amendments shall not invalidate this Agreement, nor authoriz p p ' ither art from its obli ations under this Agreement. City may, in its discretion, relieve or release e p y g h ' to conform with federal, state or local laws or available funding amounts. If suc amend this Agreement It in a chan e in the fundin ,the scope of services, or schedule of the activities to be amendments resu g g ken as art of this A Bement, such modifications will be incorporated only by written underta p gi' amendment signed by both parties. I. Termination. Notice of termination. Either arty may terminate this Agreement by, at least thirty (30) days 1. p before the effective date of such termination, giving written notice to the other party of such termination and specifying the effective date thereof. 2. Termination without cause. If this Agreement is terminated without cause the Recipient has thirty 30 da s to submit an and all requests for payments that may be outstanding at the time of ( ) y y termination. Failure to provide the necessary written documentation and request with the time period shall be a waiver of any additional claims pursuant to this Agreement. 3. Termination for material noncompliance. Suspension or termination of the Agreement, in whole or in art ma occur if Recipient materially fails to comply with any term of this Agreement, which p ~ Y shall include, but shall not be limited to, the following: a. Failure by Recipient to comply with any statutes, regulations, or City policies or directives as may become applicable at any time; b. Failure by Recipient t0 fulfill in a timely and proper manner its obligations under this Agreement; c. Ineffective or improper use of funds provided under this Agreement; or d. Submission by the Recipient to City reports that are incorrect or incomplete in any material respect. 4. Penalty for material noncompliance. In addition to suspension or termination of this Agreement and/or any other remedies as provided by law, upon a finding of material noncompliance, City may declare Recipient ineligible for any further City funding. J. Assi nment. Recipient shall not assign or transfer any right or obligation conveyed by this Agreement g without prior written consent of City. K. No contractual impediments. Recipient certifies and agrees that no contractual or other disability exists which would prevent compliance with these requirements. L. Severabili . If any provision of this Agreement is held invalid, the reminder of the Agreement shall tY . not be affected thereby and all other parts of this Agreement shall nevertheless be in full force and effect. M. Entire A reement. This Agreement contains the entire agreement of the parties and supersedes any g and all other a reements or understandings, oral or written, whether previous to the execution hereof or g contemporaneous herewith. N. Non-waiver. Failure of either party to promptly enforce the strict performance of any term of this A reement shall not constitute a waiver or relinquishment of any party's right to thereafter enforce such g term and an right or remedy hereunder may be asserted at any time after the governing body of either y party becomes entitled to the benefit thereof, notwithstanding delay in enforcement. RECIPIENT AGREEMENT -MERIDIAN SENIOR CENTER PAGE 4 OF S ' A Bement shall not become effective or binding until approved by the 0. Approval required. This gr res ective governing bodies of both City and Recipient. p REOF the arties shall cause this Agreement to be executed by their duly IN WITNESS WHE p authorized officers to be effective as of the day and year first above written. RECIPIENT: Meridian Senior Citizens' Center By.~, STATE OF IDAHO ) ss: County of ) HEREBY CERTIFY that on this E day of , 201 1, before the undersigned, a Notary Public I in the State of Idaho ersonall a eared ,~ known to me to be the person who p Y pp executed the said instrument, and acknowledged to me that e executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. *..... ~''~ ~~ ~~~~` ' r Public r Ida p ~, ~fi ~ ~ No y • ~ °~ • ' ' Idaho ~, ~ ,~ Residing at , ~~~ ; My Commission Expires: ~ ~ t ., ~ ~ ;,~~i • ° ~~ e ~f-. ~~ ~° p ~~At•~~ CITY: y ~ ,`~,,,~y-a-E~~~~d,,~~ Attest: Cit of Meridian ~' ~ ~ ~°~~ +` ~~ B : T m de Weerd, Mayor = ~ , ~ yc ~^ olman, City Clerk y ~ ~. :~ ... ~ ~. ~,~ ~ -~ ~ ~~- ~~.. ~. mss" . ~¢ ~ ~ ~„i ~,~ ~s ~y; t r ~~~YY/FF d BBB , } ''. r~ ` ~~; RECIPIENT AGREEMENT -MERIDIAN SENIOR CENTER PAGE 5 OF 5 Attachment A City of Meridian Reimbursement for Senior Center Transportation Costs FY2011 Direct Costs to be Reimbursed Direct Transportation Costs Per FY2010 Audit Report Driver Salary, Taxes, & Insurance Per Kathleen Roma CPA Total Direct Costs Indirect SalarylUVage Costs Indirect salaries are to be reimbursed as a percentage of the transportation costs to total annual expenses Total Annual Operating Costs Per FY2010 Audit Transportation Program Expenses as Percent of Total Total Salary and Wage Excluding Driver Per FY2010 Audit Includes tax and insurance Total Cost Transportation Program $21,265 ($15,081 + $6,184) Minus Transportation Funding Provided by Sage -$4, 315 Total to be Reimbursed FY2011 $16,950 Note: the overhead reimbursement is 10% of the total operating costs so covers the transportation program indirect cost such as administrative salary, accounting costs, supplies, and utilities. The operating costs include depreciation so this reimbursement also helps fund eventual replacement of the van. $7,974 $7,107 $15,081 e-~ ~~ inn 10% ($15,0811$61,844} $61, 844 $6,184 (10% * $61, 844)