R95-91 AUTHORIZING AGREEMENT - DECATUR MACON COUNTY SENIOR CENTER

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5. FEE ADJUSTNIENT. If the Center fails to achieve any of the annual service standards listed in paragraph 3 hereof, the Center and the City hereby agree that the final monthly fee payment sha11 be reduced Seven Hundred Fifty Dollars ($750) for each such standard not substantially achieved. 6. RECORDS. The City shall transfer to the Center possession of all client records in possession on the date hereof of the City's Office on Aging, subject to a signed, written release of the client authorizing such transfer. At the ternvnation of this Agreement, or any e�ensions thereof, the Center sha11 return all such records to the City, with the permission of the clients. 7. INDEPENDENT CONTRACTOR. The Center shall perform the herein described functions and services for the City as an independent contractor, not as an employee or agent thereof, and the City shall have no right to control or direct the operations of the Center in its compliance herewith except as expressly listed herein; provided that, during the first thirty (30) days of the initial term of this Agreement, the City may station City employees at the Center for the purpose of assisting in the transition of the duties and responsibilities provided for herein from the City to the Center, and during such period, and only then, the City will retain full responsibility for, and control of, such employees. 8. RELEASE. The Center does hereby fully and forever, on its own behalf, release and discharge the City, and the City Council members, City employees, officers and agents, in both individual and official capacities, from any and all claims, demands, damages, rights of action or causes of action, present or future, whether due to negligence or otherwise, resulting from or arising out of the Center's performance of its duties and obligations hereunder.