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1980-0617_ORANGE, COUNTY OF_Agreement Amd• AMENDMENT TO AGREEMENT . RE SERVICES FOR THE ELDERLY UNDER THE OLDER AMERICANS ACT 1This Amendment is made and entered into thisZZ day of 2j' \1 c�J 1980, by and between the County of Orange, herein - s 3I' after referred to as "COUNTY," and City of San Juan Capistrano 411'hereinafter referred to as "CONTRACTOR." 1I Sit WITNESSETH: WHEREAS, COUNTY and CONTRACTOR have entered into an Agreement, 7 dated April 17, 1980 and i 8 WHEREAS, it is the mutual desire of the parties to amend said 911 Agreement; and 10 WHEREAS, COUNTY by Minute Order dated June 10, 1980, a copy of 11 which is on file with the Clerk of the Board of Supervisors of Orange 12 County and which by this reference is incorporated herein and made a part 13 hereof as if fully set forth, has appropriated an additional portion of 14 its Title IIIB funds in the amount of$1,917 to engage CONTRACTOR to 15 provide certain services as described in Exhibit D. 16 NOW, THEREFORE, in consideration of the terms and conditions con - 17 tained herein, the parties hereto agree to amend said Agreement as follows: 18 1. Paragraph 5(a) shall be amended as follows: 19 "CONTRACTOR agrees that the expenditures of any and all funds 20 under this Agreement must be in accordance with Exhibit B and with the 21 BUDGET SCHEDULE E, a copy of which is attached hereto as Exhibit E, and 22 which by this reference is incorporated herein and made a part hereof. 23 CONTRACTOR further agrees that should it be subsequently determined that 24 federal funds were not expended in accordance with Exhibits B and E, then 25 CONTRACTOR shall repay to COUNTY an amount equivalent to that which was 26 expended in violation of the agreed upon BUDGET SCHEDULE. 27 2. In all other respects, the Agreement dated April 17, 1980 shall 21 continue to be in full force and effect and is hereby ratified in all par- 0 ticulars. IAT WITNESS WHEREOF, the parties hereto certify that they have read and understand all the terms and conditions contained herein and have hereby caused this Amendment to be executed as of the date first above written. ATTEST: COUNTY OF ORANGE SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUMENT HAS BEEN DELIVERED TO THE CHAIRMAN..OF THE BOARD. T JUNE ALEXANDER Clerk of the Board of Supervisors of Orange County, California APPROVED AS TO FORM: ADRIAN2,KUY/PER, COUNTY COUNSEL By Dated: 2. By G Chair an, Board of Supervisors "COUNTY" "CONTRACTOR" EXHIBIT D SERVICES TO BE PROVIDED SUBJECT: CITY OF SAN JUAN CAPISTRANO Twelve -passenger van to be used for transporting seniors as per original contract (See Program Narrative). Fuel, maintenance, and driver to be provided by the City of San Juan Capistrano. EXHIBIT E BUDGET SUBJECT: CITY OF SAN JUAN CAPISTRANO Additional Amount Requested: $1,917.00 Additional City Match: $2,640.00 Total $4,557.00 S IL COUNTY OF ORANGE AGREEMENT FOR PROVISION OF SERVICES THIS AGREEMENT, made and entered into this/, ay ofj A e , 1980, by and between the County of Orange, a political subdivision of the State of California designated as the Area Agency on Aging, Planning and Service Area No. 22, hereinafter called COUNTY, and CITY OF SAN JUAN CAPISTRANO hereinafter called CONTRACTOR, for the provision of services to the elderly in accordance with the Older Americans Act of the United States of America. RECITALS WHEREAS, the Congress of the United States, through the Administration on Aging of the Department of Health, Education and Welfare, and the State of California, through the California Department of Aging, have awarded COUNTY Grant(s) pursuant to Title III B of the Older Americans Act of 1965, as amended (42 USC 2001, at seq.), concerning the establishment of programs and services for older persons; and WHEREAS, the California Department of Aging and COUNTY have entered into State Contract Number 30297571 to implement said grant(@); and WHEREAS, COUNTY has determined that a portion of COUNTY'S Title III funds shall be made available by contract for the provision of needed services to senior citizens as identified in COUNTY'S Area Agency on Aging Area Plan, and WHEREAS, COUNTY by Minute Order dated March 4., 198Q, a Copy of which Is on file with the Clerk of the Board of Supervisors of Orange County and which by this reference is incorporated herein and made a part hereof as if fully set forth, has appropriated a portion of its Title IIIB funds in the amount of $ 12,750.00 to engage CONTRACTOR to provide certain services as "scribed In Eshibit A; THEREFORE, in consideration of the mutual promises, covenants end condi— tions hereinafter set forth, the parties agres as follows: —1— I ., Definitions• a. "Administrator" means the Director, Orange County Community Services agency or designee thereof. b. "Capital Equipment" means tangible property having a useful life of more than one year and an original acquisition cost in excess of $300 per unit. c. "County•. means the County of Orange acting through its Board of Super- visors or a designated representative. d. "Contractor" means a private, non-profit organization; municipality; or Indian tribal organization with whom County is entering into this contract- ual agreement. e. "Subcontractor" means any entity that furnishes to Contractor serv- ices or supplies relative to this agreement other than standard commercial supplies, office space or printing services. f. "Title III" refers to provisions of the Older Americans Act of 1965, as amended (42 USC 3021, et. seq.), regulating the development of a comprehen- sive and -coordinated nutrition and social service delivery system to serve older persons. g. "Title IV -A" refers to provisions of the Older Americans Act of 1965, as amended (42 USC 3031, at seq.), regulating programs to provide training in the field of aging. h. "Title V" refers to provisions of the Older Americans Act of 1965, as amended (42 USC 3056, et seq.), regulating programs to provide part-time employ - went for low-income persons age 55 and older. 2. Intent and Scope of Services: a. Services CONTRACTOR agrees to provide those services, facilities, equipment and supplies as described in Exhibits A and B attached hereto and incorporated herein by reference. -2- ti 0 b. Personnel 0 CONTRACTOR shall operate continuously throughout the term of this Agree- ment with at least the minimum number and type of staff required for provision of services described hereunder and as may be enumerated in Exhibits A and B. Such personnel shall be qualified in accordance with all applicable statutes and regulations. CONTRACTOR agrees to submit to administrator, upon request, a list of persons and any changes thereto, by name, title, professional degree and experience who are to provide such services. c. Older Americans Act Intent CONTRACTOR agrees that this project shall be carried out in accordance with Title III B of the Older Americans Act, the program regulations and directives applicable thereto, Federal, State and local laws, and the State and County Manual of Policies and Procedures for this grant, and all reporting re- quirements. In the event of any conflict between Exhibit "A" and the provisions of Title III, the latter prevails. 3. Agreement Period (Time of Performance) The effective period of this Agreement shall begin March 4, 1980 and end June 30, 1983 . CONTRACTOR agrees that any and all funds received under this Agreement shall be disbursed or encum- bered on or before June 30, 1980 and that any and all funds remaining as of June 30, 1980 which have not been disbursed or encumbered shall be returned by CONTRACTOR to COUNTY. b. Alteration of Terms of This Agreement The body of this Agreement, together with the Exhibit(s) attached hereto, fully expresses all understanding of the parties concerning all matters covered and shall constitute the total Agreement. No addition to, or alteration of, the terms of this Agreement, whether by written or verbal understanding of the -3 ., parties, their officers, agents, or employees, shall be valid unless made in the form of a written amendment to this Agreement which is formally approved and executed by both parties. 5. Contractor Budget Schedule a. Exhibit B CONTRACTOR agrees that the expenditures of any and all funds under this Agreement must be in accordance with time frames, type and purposes of the BUDGET SCHEDULE, a copy of which is attached hereto as Exhibit B, and which by this reference is incorporated herein and made a part hereof. CONTRACTOR further agrees that should it be subsequently determined that federal funds were not expended in accordance with Exhibit B (BUDGET SCHEDULE) then CONTRACTOR shall repay to COUNTY an amount equivalent to that which was expended in violation of the agreed upon BUDGET SCHEDULE. b. Fund Transfer Upon approval of COUNTY's Administrator, CONTRACTOR shall have the author- ity to transfer funds from one line item to another line item of the program budget as long as the amount of the total federal funds are not increased and the basic goals and objectives of the program are not altered. Approval by Admin- istrator for such transfer MUST BE OBTAINED IN WRITING BEFORE CONTRACTOR EXPENDS ANY FUNDS under the requested transfer. 6. Payment Schedule a. Payment for Insurance Bond and Unexpendable Equipment Payments for items under the INSURANCE, AND BOND, AND UNEXPENDABLE EQUIP - HENT sections of the Program Budget Schedule may, at the discretion of COUNTY's Administrator, be made separately from all monthly operating coats and shall be made only upon receipt and approval by COUNTY'S Administrator of CONTRACTOR's Invoice detailing the coat of each item and the total amount required for payment. -4- b. Payment for Monthly Operating Costs Payments for monthly operating costs shall be made as follows: (1) For the initial payment only, upon receipt and approval of CONTRACTOR's invoice, COUNTY'S Administrator shall advance an amount not to exceed $ N/A (2) Beginning N/A , 19 upon receipt and approval by COUNTY'S Administrator of CONTRACTOR's invoice showing the prior month's actual expenditures, COUNTY shall make monthly reimburse- ment payments based on CONTRACTOR'S invoice and substantiating reports as required herein so long as any single monthly reimburse- ment does not exceed $ N/A , unless otherwise approved by COUNTY'S Administrator. (3) No payments will be authorized if any preceding months' reports or invoices are outstanding. (4) Whenever CONTRACTOR is not in compliance with any provision of the Agreement, Administrator may withhold payment of any invoice sub- mitted to COUNTY by CONTRACTOR until such time as suitable documen- tation is submitted to the COUNTY. c. Frequency of Payments Under normal conditions, payments should be released by COUNTY approxi- mately twenty-one (21) days after receipt of a correctly prepared financial invoice. d. Adjustment of Advance Payments COUNTY'S Administrator reserves the right to adjust the amount of monthly payments otherwise due, based on CONTRACTOR'S unexpended funds. Such amounts may not exceed the total outstanding advance. 7. Contractor Governing Authority -5- 0 a. CONTRACTOR agrees and understands that Title III federal funds shall not be used by CONTRACTOR to pay or reimburse any staff person of CONTRACTOR or any consultant to CONTRACTOR, if such staff person or consultant is a member or officer of the Board of Directors, or other official governing body of CONTRACTOR. b. CONTRACTOR further agrees that should it subsequently be determined that federal funds were expended in violation of "a" above that CONTRACTOR shall repay to COUNTY all funds which were expended in violation of this condition. 8. Capital Equipment a. Purchase Approval Prior to the time of purchase of all capital equipment CONTRACTOR shall submit to Administrator a I st of such equipment and request written authorization from Administrator to purchase such equipment. b. Inventory and Depreciation CONTRACTOR shall maintain an inventory and, where applicable, a depreciation schedule of all capital equipment purchased under the terms of this contract. This equipment inventory shall be available to Administrator at all times during the term of this agreement and the audit period specified in Clause 15 herein. c. Ownership (1) Compliance with Administration of Grants Requirements CONTRACTOR agrees that the management and disposition of property and equipment purchased under this Agreement shall be in accordance with Code of Regulations, Title 45, Part 74 (Administration of Grants, Federal Department of Health, Education and Welfare). (2) Title Pursuant to 45 CFR Part 74, title to real property, equipment and supplies purchased under this Agreement shall vest, upon acquistion, in the recipient. —6— (3) Use of Real Property Except as otherwise provided by Federal statutes and as described in Exhibit D, real property shall be used for the originally authorized purpose as long as needed for that purpose. When no longer needed for the original purpose, approval of the Administrator shall be requested to use the property for other purposes. Use for other purposes is limited to: (a) Activities not supported by other Federal grants or assistance agreements but having, nevertheless, purposes consistent with those of the legislation under which the original grant was made. (b) Projects or programs supported by other Federal grants or assistance agreements. d. Reversion CONTRACTOR agrees that in the event that CONTRACTOR ceases to provide services acceptable under the terms of this Agreement, that any and all items purchased under this Agreement which are considered capital equipment and have a remaining useful life shall be returned to COUNTY in accordance with Code of Regulations, Title 45, Part 74. 9. Subcontracting a. Authority/Approval Functions undertaken by CONTRACTOR may be carried out under subcontracts subject to written approval of the Administrator, including approval of the sub- contracting document, said approval to be in writing, and conditioned upon compli- ance with bidding procedures as discussed in clause 10 herein. No subcontract shall terminate or alter the legal responsibility of CONTRACTOR to the COUNTY to assure that all activities and provisions of this contract shall be carried -7- out. 0 b. Failure to Secure Administrator Approval 0 COUNTY'S Administrator may withhold payment on any compensation due a subcontractor, and withhold those funds from CONTRACTOR, if prior written approval of the subcontract has not been obtained from Administrator. 10. Procurement Requirements a. Intent CONTRACTOR acknowledges that the procurement of all supplies, services and equipment and construction pursuant to and utilizing funds provided by this agreement involves an expenditure of public funds and that the use of a public bidding process open to all interested bidders is necessary to maintain the public trust and to allow all interested persons to compete for business result - Ing from expenditure of said public funds. b. Equipment CONTRACTOR shall secure a minimum of three (3) written bids for all capital equipment purchases or leases purchased with funds provided pursuant to this agreement and shall award resultant purchase contract to the lowest responsible bidder. c. Supplies CONTRACTOR shall afford interested suppliers the opportunity to bid on all supply orders of three hundred dollars ($300) or more purchased with funds provided pursuant to this agreement and shall award resultant purchase contract to the lowest responsible bidder. d. Services CONTRACTOR shall afford interested parties the opportunity to bid on or submit proposals on all proposed service contracts to be funded with funds provided pursuant to this agreement and shall award contract to lowest respon- -8- sible bidder based upon documented analysis of bids and proposals received. e. Davis -Bacon Requirements CONTRACTOR further acknowledges that on any construction project for which twenty-five percent (25X) or more of the costs are paid out of Title III funds provided pursuant to this Agreement, prevailing wages must be paid in accordance with the Davis -Bacon Act, as amended, 40 U.S.C. 276 (a) -276(a)(7), and that labor standards as specified by the Secretary of Labor must be complied with. CONTRACTOR further agrees to perform all administrative and audit func- tions required by the Davis -Bacon Act, as amended, and will furnish evidence of compliance with the Act. Non-compliance with the provisions of this clause will result in Administrator withholding payment and/or delaying any payment to CONTRACTOR, or termination of this Agreement pursuant to paragraph 21. f. Exception Should CONTRACTOR wish to deviate from the bidding requirements of this Agreement, or wish to issue a subcontract to other than the low bidder, CONTRACTOR shall submit written justification therefore to Administrator for approval and shall withhold all such action until receipt of written notice of Administrator's approval. Should Administrator disapprove, CONTRACTOR shall adhere to the requirements of Clauses 9 and 10 herein. 11. Notices All notices, claims, correspondence, reports, and/or statements authorized or required by this contract shall be addressed as follows: COUNTY: Director (Attn: Grants Administrator) Orange County Community Services Agency 801 "C" North Broadway Santa Ana, CA 92701 CONTRACTOR: City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 -9- 12. Requirement for Code Compliance a. Requirement to Secure Licenses, Permits, Certifications and Authorizations CONTRACTOR must secure any and all licenses, permits, certifications and authorizations and policies and procedures necessary under the statutes, ordinances, rules and regulations of the State of California and any local govern- ments to develop and operate said program at the selected program location including compliance with the California Environmental Quality Act (CEQA) and Section 65402 of the Government Code as may be required by the land use agency of jurisdiction. Contractor further agrees to provide Administrator evidence that CONTRACTOR has complied with all zoning regulations and that CONTRACTOR has obtained all necessary licenses, permits, certifications and authorizations to operate said program at each location or as may otherwise be approved by Administrator. Failure to secure licenses, permits, certifications and authorizations shall con- stitute grounds for withholding of payment by Administrator and/or the termination of this agreement by COUNTY pursuant to Paragraph 21 of this agreement. b. Requirement for CEQA Compliance If project as described in Exhibit A is a project as defined by the California Environmental Quality Act, CONTRACTOR shall be responsible for com- pliance with said Act as follows: (1) If CONTRACTOR is a governmental entity, CONTRACTOR agrees that it shall be the "Lead Agency" as defined by the California Environ- mental Quality Act and as such shall be fully responsible for compliance with said Act. (2) If CONTRACTOR is not a governmental entity, CONTRACTOR agrees that it shall assume full responsibility for determining applicability of the California Environmental Quality Act if its project as defined herein involves any physical construction, alteration or -10- modification of a structure or feature of the landscape by obtaining from the public agency of jurisdiction a determination of said applicability, and furthermore should that determination be that the requirements of the California Environmental Quality Act do apply to project, CONTRACTOR shall comply with said Act fully prior to requesting any funds pursuant to this Agreement. It is agreed that should project as defined herein be a project that involves the construction, alteration or modification of a structure or feature of the landscape, CONTRACTOR shall submit evidence to Administrator of compliance with the California Environmental Quality Act in the form of a properly prepared and certified document consisting of one of the following: (1) Notice of Categorical Exemption, (2) Negative Declaration, or (3) Environmental Impact Report. The document shall be issued by the agency of jurisdiction. It is further agreed that Administrator shall not disburse funds pur— suant to this Agreement until such time as CONTRACTOR has provided Administrator such certified documentation. 13. Legal Status of Contractor CONTRACTOR, if not a municipality or Indian Tribal organization does hereby certify that CONTRACTOR is lawfully incorporated within the State of California and that by its articles of incorporation, corporate charter, or the Statutes of California, is empowered and authorized to conduct and provide those services provided under this agreement. CONTRACTOR further agrees that if it is shown that the corporate status of CONTRACTOR is not valid at the time of the effective date of this agreement or if CONTRACTOR loses its lawful corporate status for any reason during the time of this agreement, then sufficient grounds exist for COUNTY to terminate this agreement pursuant to Paragraph 21 of this agreement. 14. Interest of Contractor —11— The parties hereto agree and understand that neither CONTRACTOR nor any of its employees shall, under the terms and conditions of this contract, be consid- ered an employee of COUNTY for any purpose whatsoever, nor shall CONTRACTOR or its employees be entitled to any of the rights, privileges, or benefits of COUNTY employees. CONTRACTOR shall be deemed at all times an independent con- tractor and shall be wholly responsible for the manner in which it performs the services required of it by the terms and conditions of this contract. CONTRACTOR assumes exclusively the responsibility for the acts of its employees as they relate to the services to be provided during the course and scope of their employment with CONTRACTOR. 15. Financial Records and Audit a. Contractor Records CONTRACTOR shall maintain records and make statistical reports as required by the Administrator and the California Department of Aging on forms provided by either agency. No other form of record keeping for billing purposes is acceptable and Administrator reserves the right to withhold payment for nonconformance. b. Accounting Records Pursuant to Code of Federal Regulations, Title 45, Part 74, all account - Ing records and other evidence pertaining to bidding and costs incurred shall be maintained by CONTRACTOR for the duration of this agreement for a minimum of three (3) years from the date of the submission of the final expenditure report for the period, if audit has occurred, and five (5) years if audit has not occurred, and in the case of audit exception, until such exception has been cleared. c. Separate Accounts Unless otherwise agreed in writing by COUNTY'S Administrator, CONTRACTOR shall maintain a separate bank account and separate accounting records for all -12- funds received from COUNTY under this agreement. d. Record Examination At any time during normal business hours and as often as COUNTY'S Administrator may deem necessary, CONTRACTOR shall make available to COUNTY, State and Federal officials for examination, all of its records with respect to all matters covered by this Agreement and will permit COUNTY, State and Federal representatives to audit, examine and make excerpts or transcripts from such records, and to make audits of all invoices, materials, payrolls, records of personnel and other data relating to all matters covered by this Agreement. e. Final Statement CONTRACTOR further agrees that upon termination of this Agreement CON— TRACTOR shall submit within thirty (30) days to COUNTY'S Administrator a final financial statement detailing all program expenditures and all income received during the effective period of this Agreement. 16. Indemnification and Insurance a. Indemnification CONTRACTOR agrees to indemnify, hold harmless, and defend COUNTY, its officers, agents, and employees, from and against any and all claims, demands, losses, legal and investigation expenses, or liability of any kind or nature which COUNTY, its officers, agents, and employees may sustain or incur or which may be imposed upon them or any of them for injury to or death of persons, or damage to property as a result of, arising out of, or in any manner connected with contractor's performance under the terms of this contract, excepting only liability arising out of the sole negligence of COUNTY. Transmittal to CONTRAC— TOR by COUNTY of any pleadings served shall be deemed to be a request to defend. —13— 0 b. Insurance Coverage Without limiting CONTRACTOR'S indemnification, it is agreed that CONTRAC- TOR, unless a self-insured unit of local government, shall maintain insurance acceptable to COUNTY in full force and effect throughout the term of this Contract. The policy or policies of insurance maintained by CONTRACTOR shall provide the following limits and coverages: Coverage Workers Compensation Comprehensive General Liability Insurance Including Products Liability Comprehensive Automobile Liability Insurance Covering the Owned, Non -owned and Hired Automobile Hazard Blanket Fidelity Bond Professional Liability Insurance c. Insurance Wording Minimum Limits Statutory $1,000,000 Combined Single Limit 10% of Total Grant Award As Necessary All insurance policies except Workers' Compensation shall contain the following clauses: (1) "This insurance shall not be cancelled, limited in scope of coverage or nonrenewed until after 30 days' written notice has been given to the Administrator, County of Orange, Community Services Agency, 801-C North Broadway, Santa Ana, California, 92701. (2) "It is agreed that any insurance maintained by the County of Orange will apply in excess of, and not contribute with, insurance provided by this policy." Each insurance policy required by this Contract, except professional liability insurance (if required), shall also contain the following clause: (3) "The County of Orange is added as an additional insured as respects operations of the named insured conducted under the terms of this Contract on -14- 0 behalf of the County of Orange." d. Certificates of Insurance 0 CONTRACTOR agrees to deposit with COUNTY, on or before the effective date of this contract, certificates of insurance necessary to satisfy COUNTY that the insurance provisions of this Contract have been complied with and to keep such insurance in effect and the certificates therefor on deposit with COUNTY during the entire term of this Contract. e. Continuous Review and Revised Coverage Requirements (1) COUNTY shall retain the right at any time to review the coverage, form, and amount of the insurance required hereby. If, in the opinion of COUNTY'S Risk Management Services, the insurance provisions in this Contract do not provide adequate protection for COUNTY and for members of the public served by CONTRACTOR, COUNTY'S Administrator may require CONTRACTOR to obtain insurance sufficient to coverage, form and amount to provide adequate protec— tion. COUNTY'S requirements shall be reasonable but shall be designed to assure protection from and against the kind and extent of the risks which exist at the time a change in insurance is required. (2) COUNTY'S Administrator shall notify CONTRACTOR in writing of changes in the insurance requirement; and if CONTRACTOR does not deposit copies of accept— able insurance policies with COUNTY incorporating such changes within sixty days of receipt of such notice, this Contract shall be in default without further notice to CONTRACTOR, and COUNTY shall be entitled to all legal remedies. (3) The procuring of such required policy or policies of insurance shall not be construed to limit CONTRACTOR'S liability hereunder nor to fulfill the indemnification provisions and requirements of this Contract. f. Self—Insured Unit of Local Government In the event the CONTRACTOR is a unit of local government and is a self- -15— 0 0 insurer for its basic exposures for torts and workers' compensation liabilities, the provisions of sections "b" through "e" of Clause 16 of the Contract will not be applicable to the CONTRACTOR. However, the CONTRACTOR shall require its subcontractors under this program, other than units of local government which are similarly self-insured, to maintain adequate insurance coverage for property damage, torts, and workers' compensation liabilities, and further, CONTRACTOR shall require all of its subcontractors to hold CONTRACTOR harmless. g. Non -Compliance Non-compliance with the provisions of this clause may result in Adminis- trator withholding and/or delaying any payment to CONTRACTOR, or termination of this Agreement pursuant to Paragraph 21. 17. Evaluation and Monitoring a. Access to Contractor CONTRACTOR agrees that authorized State and COUNTY representatives shall have the right to visit, monitor, assess or evaluate CONTRACTOR'S performance pursuant to this agreement at a frequency to be determined by Administrator, but in no case less frequently than once per quarter, said monitoring, assess- ments and evaluations to include but not limited to collection of client statis- tical data, audits, inspection of premises, program activities and interviews with project staff and participants. b. Scheduling The parties hereto agree that at any time, and for any program, for any cause, COUNTY'S Administrator can call for a performance evaluation to be conducted, and the results shall be made available to all interested parties. c. Cooperation CONTRACTOR agrees to actively participate and cooperate with Adminis- trator in any evaluation of the CONTRACTOR'S Program. Furthermore, CONTRACTOR -16- agrees that failure by CONTRACTOR to abide by and meet the conditions necessary for an evaluation will be sufficient grounds for COUNTY to discontinue program support. 18. Confidentiality of Service Recipients CONTRACTOR agrees and shall ensure that•no information about or obtained from any person receiving services hereunder shall be disclosed in any form identifiable with such person without first obtaining the written consent of such person. The provisions of this section shall not, however, restrict the CON'TRACTOR'S obligations to provide information required under this or any of its other County, State or Federal contracts. 19. Personnel Policy and Procedure a. Staffing Level CONTRACTOR shall endeavor in good faith to employ all positions budgeted for in the program which are set forth in Exhibit B. b. Personnel Procedures CONTRACTOR agrees to develop personnel procedures in compliance with the terms of the Older Americans Act and to keep them on file at CONTRACTOR'S office and make them available upon request to authorized County, State, Federal representative(s) and employee(s). 20. Affirmative Action and Fair Employment a. Civil Rights Act Compliance CONTRACTOR and any subcontractor(s) performing under this Agreement shall comply with all Department of Health, Education and Welfare regulations promulgated pursuant to Title VI of the Civil Rights Act of 1964 (PL 88-352). b. Assurance of Compliance As an indication of this intent to comply, CONTRACTOR shall complete and sign Exhibit C Assurance of Compliance with such regulations (AOA -441), —17— which form when completed and signed by CONTRACTOR shall be incorporated herein by reference Exhibit C. c. Non -Discrimination Employment of personnel shall be made solely on the basis of merit, without regard to race, religion, color, sex, national origin or physical or mental handicap. CONTRACTOR shall encourage or solicit applications from senior citizens. (1) Affirmative Action Affirmative Action shall be taken to ensure that applicants are employed, and that employees are treated during employment without regard to their race, religion, color, sex, national origin, age or physical or mental handicap. Such action shall include, but not be limited to the following: employment, up -grading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rate of pay or other forms of compensa- tion; and selection for training, including apprenticeship. Notices available to employees and applicants for employment available from Administrator and/or the United States Equal Employment Opportunity Commission setting forth the provisions of the Equal Opportunity Clause shall be posted in conspicuous places. (2) Employee Unit Notification Each labor union or representative of workers with which CONTRAC- TOR has a collective bargain agreement or other contract or understanding must post a notice available from Administrator advising the labor union or workers' representative of the commitments under this Equal Opportunity Clause and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (3) Access to Personnel Records CONTRACTOR shall furnish all information and reports required by -18- the Administrator and will permit access to books, records and accounts for purposes of investigation to ascertain compliance with subparagraphs one (1) through three (3). (4) Non -Compliance In the event of non-compliance with the Discrimination Clause of this contract or as otherwise provided by State and Federal law, this Contract may be cancelled, terminated or suspended in whole or in part and CONTRACTOR may be declared ineligible for further contracts involving State funds in accordance with procedures authorized in the State of California's Affirma- tive Action Complaint Process. d. Access to Services Services, benefits and facilities shall be provided to clients without regard to their race, color, religion, national origin, sex, physical or mental handicap and no one will be refused service because of Inability to pay for such services. 21. Termination of Agreement a. County Right If CONTRACTOR shall fail to fulfill in timely and proper manner its obligations under this Agreement, or if CONTRACTOR shall violate any of the agreements or stipulations of this Agreement, COUNTY shall thereupon have the right to terminate this Agreement by giving written notice to CONTRACTOR of such termination and specifying the effective date of such termination. b. Notice The COUNTY may terminate this Agreement upon ten (10) days written notice served upon the CONTRACTOR should CONTRACTOR fail to perform the cov- enants contained in this Agreement in the time and manner specified. c. Work Assumption —19— 0 In the event of such termination, the COUNTY may proceed with the work in any manner deemed proper by the COUNTY. d. Contractor Liability Notwithstanding the above, CONTRACTOR shall not be relieved of liability to COUNTY for damages sustained by COUNTY by virtue of any breach of the Agree— ment by CONTRACTOR, and COUNTY may withhold any payments to CONTRACTOR for the purpose of setoff until such time as the exact amount of damages due COUNTY from CONTRACTOR is determined. e. Return of Funds CONTRACTOR agrees that upon termination or expiration of this Agreement, CONTRACTOR shall, within sixty (60) days after termination or expiration, return to COUNTY all funds remaining in CONTRACTOR'S account established pursuant to Section 15(c) of this Agreement, except those funds needed to pay authorized liabilities incurred before this Agreement terminated or expired. f. Older Americans Act Funding Dependency The obligation of COUNTY under this Agreement is contingent upon the availability of Older Americans Act Federal funds for the reimbursement of COUNTY'S expenditures. In the event that such funding is terminated or reduced, the Administrator shall determine whether this Agreement will be terminated or COUNTY'S maximum obligation reduced. Administrator shall provide CONTRACTOR with written notification of such determination. g. Supplantation of Funds CONTRACTOR agrees and understands that any funds provided under the terms of this Agreement and described herein will not be used as a substitute for any non—Federal funds previously appropriated for the same purpose. CONTRAC— TOR understands that said substitution may be determined to be a supplantation of funds, unallowable under the terms of the Older Americans Act. -20- 0 Non—compliance with the provisions of this clause shall result in termin— ation of this Agreement, pursuant to paragraph 21., CONTRACTOR shall repay all funds paid by COUNTY pursuant to this Agreement within thirty (30) days of demand by COUNTY. h. Contractor Obligation Upon Cancellation Notice After receipt of the Notice of Termination, pursuant to Paragraph a, b, c, d, or e above, the CONTRACTOR shall cancel outstanding commitments required by this Agreement which relate to personal services. (1) Settlement Plan With respect to the above cancelled commitments the CONTRACTOR agrees to provide within thirty (30) days of receipt of notice of termination a plan for settlement of all outstanding liabilities and all claims arising out of such cancellation of commitments. Such plan shall be subject to the approval or ratification of the Administrator, which approval or ratification shall be final for all purposes of this clause. (2) Termination Claim The CONTRACTOR shall submit a termination claim to Administrator promptly after receipt of a Notice of Termination, but in no event later than sixty (60) days from the effective date thereof unless an extension, in writing, is granted by the Administrator. 22. Conflict or Disagreement To the extent that there exists any conflict between the language of this Agreement and the Exhibits attached hereto, the former shall govern and prevail. —21— 0 F IN WITNESS WHEREOF, the parties hereto certify that they have read and understand all the terms and conditions contained herein and have hereby caused this social service and other related components of Title III B of the Older Americans Act to be executed as of the date first above written. Dated: i� / .J��i �' -, 1Qw• COUNTY OF ORANGE ATTEST: SIGNED AND CERTIFIED THAT A COPY OF THIS DOCMIENT HAS BEEN DELIVERED TO THE CHaIRMAN OF THE BOARD. By Chairma , Board of Supervisors ° ¢ CONTRACTOR - City of San J n Capistrano / e�eZ .° �Ll�L'�,:rL < June Alexander Clerk of the Board of Supervisors By County of Orange, California ' O�- APPROVED AS TO FORM: ADRIANKKUYPER, COUNTY COUNSEL Dated ATTEST: APPROVED AS TO FORM: j TY ATTORNEY Dated March 19, 1980 HG:sg287(2) -22- • EXHIBIT B 0 OF SAN JUAN CAPISTRANO PART II. BUDGET FORMS (READ -INSTRUCTIONS BEFORE COMPLETING) BUDGET SECTION I. SUMMARY OF TOTAL EXPENSES (FEDERAL AND NON—FEDERAL COSTS) ACTIVITIES NOTE: Refer to Instructions, Page 3 (Section I.) COST CATEGORIES Equipment Alteration Renovation Acquisition 1. Construction/Project Improvement 2. Capital Equipment Acquisition - $15,000 TOTAL ACTIVITY COSTS $15,000 3. Grant Total, Activity Costs $15,000 6. Federal Funds Requested (Must Not Exceed 85% of Line 3) $12,750. S. Local Contributions (Total from Budget Section 2; Must Not be Less than 15% of Line 3) $ 2,250 NOTE: Refer to Instructions, Page 3 (Section I.) PART II. BUDGET FORMS, continued, (Read Instructions Before Completing) 0 BUDGET SECTION 2. PROPOSED METHOD OF FINANCING LOCAL.CONTRIBUTION (Non -Federal Matching Share of Activity Costs) RESOURCES hiM Ml4� � WTE: Refer to Instructions, Page 4, (Section 2). ACQUISITION ALTERATION RENOVATION ' (Quimby Act) 1. Cash - Park in lieu fees $2,250 2. Donation of Land 3. Donation of Construction Equipment 4. Donation of Construction Material 5. Donation of Construction Labor • -t6. Donation of Equipment for Sen- ior Center Program (List in Budget Section 3) 7. Other (Specify) TOTAL, NON-FEDERAL MATCHING SHARE $2,250 RAND TOTAL, NON-FEDERAL SHARE ACTIVITY COSTS (Enter this amount in Budget Section 1, Line 5) S 2,250 WTE: Refer to Instructions, Page 4, (Section 2). ,ART II BUDGET FORMS, continued (BEAD INSTRUCTIONS BEFORE CMQgZTING) BUDGET SECTION 3 • COST oV%QUIP%ENT - ITMaZED LIST_ -- Ty IM DESCRIPTION - -- -- COST - V- S NO EQUIPMENT 1for 12 -passenger van with dispatch unit lift for handicapped access, racks wheelchairs. X $15,000 TOTAL ' BAND TOTAL, BIQQTPID:NT (Enter this amount In .. .....Budget Section 1, Line 2) S 15,000 EOTE: Refer to Instructions, Page 5 (Section 3). PART III. BUDGET NARRATIVE City of San Juan Capistrano San Juan Hot Springs Dance Anolicant's Name Name of Senior C Budget Section 1. Item 12 -passenger van with 40 channel CB radio with power adaptor and CB electrical antenna; a semi-automatic lift for wheelchairs; two wheelchair tie downs including seat belts and tracks. Cost $15,000. Description/Justification There are currently 550 persons registered at the San Juan Capistrano Senior Center receiving a monthly newsletter and participating in one or more activities each month. Most of these persons have low mobility and several are handi- capped. Their occasional visits to the Senior Center are predicated on availability of persons to give them a ride. There is currently no outreach program through the Senior Center because there is no vehicle to provide this service. The van would allow more persons to participate in programs for the elderly offered by the center, such as blood pressure testing, tax assistance, legal aid, special interest forums, in addition to providing transportation for necessary activi- ties taken for granted by persons with automobiles. The Orange County Transit District provides one bus route through San Juan Capistrano. Unfortunately, it does not pass the residential areas occupied by the majority of elderly in the community. The Transit District also operates a dial -a - ride service in unincorporated areas north of the city limits. It is not scheduled to be extended before 1982. An outreach program, using volunteer drivers in their own autos, was pro- vided by the Capistrano Indian Council. The Council disbanded in September because of funding problems, but the need for the service remains. According to the 1976 special census, 24 percent of San Juan Capistrano's population are senior citizens. This means there are thousands of people who are not being reached who may need assistance. The van will provide a means to assist persons with the greatest need. Budget Section 2. The required 15 percent match shall be provided through funds collected through the Quimby Act for parks and recreation - related purposes. The required match in cash is currently available. • EXHIBIT C • ASSURANCE OF COMPLIANCE WITH THE DEPARTMENT OF HEALTH, EDUCATION, AND WELFARE REGULATION UNDER TITLE VI OF THE CIVIL RIGHTS ACT OF 1964 City of San Juan Capistrano (hereinafter called the "Applicant") (Name of Applieaat) HEREBY AGREES' THAT it will comply with title VI of the Civil Rights Act of 1964 (P.L. 85-352) and 'all requirements imposed by or pursuant to the Regulation of the Department of Health, Education, and Welfare (45 CFR Part 80) issued pursuant to that title, to the end that, in accordance with title VI of that Act and the Regulation, no person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the Applicant receives Federal financial assistance from the Department; and HEREBY GIVES ASSURANCE THAT it will immediately take any measures necessary to effectuate this agree- ment. _ If any real property or structure thereon is provided or improved with the aid of Federal financial assistance extended to the Applicant by the Department, this assurance shall obligate the Applicant, or in the case of any transfer of such property, any transferee, for the period during which the real property or structure is used for a purpose for which the Federal financial assist- ance is extended or for another purpose involving the provision of similar services or benefits. If any personal property is so provided, this assurance shall obligate the Applicant for the period during which it retains ownership or possession of the property. In all other cases, this assurance shall obligate the Applicant for the period during which the Federal financial assist- ance is extended to it by the Department. THIS ASSURANCE is given in consideration of and for the purpose of obtaining any and all Federal grants, loans, contracts, property, discounts or other Federal financial assistance extended after the date hereof to the Applicant by the Department, including installment pay- ments after such date on account of applications for Federal financial assistance which were approved before such date. The Applicant recognizes and agrees that such Federal financial assistance will be extended in reliance on the representations and agreements made in this assurance, and that the United States shall have the right to seek judicial enforcement of this assurance. This assurance is binding on the Applicant, its successors, transferees, and assign- ees, and the person or persons whose signatures appear below are authorized to sign this assur- ance on behalf of the Applicant. Dated March 19, 1980 City of San JuanCa istrano Byl�`` pp leaot `f ( � 32400 Paseo Adelanto San Juan Capistrano, CA 92675 (Applicant's waiting address) NEU-441 tiasal _23= P THE FOLLOWING ADDITIONAL PROVISIONS ARE APPLICABLE ONLY IF THIS CONTRACT PROVIDES FOR THE ACQUISITION, ALTERATION OR RENOVATION OF A MULTIPURPOSE SENIOR CENTER OR PURCHASE OF EQUIPMENT 1. The applicable rules and regulations of the Office of Human Development, Department of Health, Education and Welfare - Administration on Aging, Older Americans Programs, pertaining to Multipurpose Senior Centers are hereby incorporated by reference and made a part of this contract. (Enclosure 1.) 2. Since this agreement is partially funded by federal grant funds, the Con- tractor will comply with the provisions contained in the following acts and/or will include such provisions in any applicable subcontracts: a. Copeland "Anti -Kickback" Act (18 USC 874, 400 SC 276C) (29 CFR, Part 3) b. Davis -Bacon Act (40 USC 276a-7) (29 CFR, Part 5.0) C. Contract Work Hours and Safety Standards Act (40 USC 327-330) (29 CFR, Part 5) 3. When federal funds are used under contracts for alteration or renovation of real property which do not exceed $100,000, the Contractor shall follow the applicable local law relating to bid guarantees (bonds), performance bonds and payment bonds. For those contracts or subcontracts exceeding $100,000 the minimum requirements shall be as follows: a. A bid guarantee from each bidder equivalent to five percent of the bid price. The "bid guarantee" shall consist of a firm commitment, such as a bid bond, certified check, or other negotiable instrument, accom- panying a bid as assurance that the bidder will, upon acceptance of his bid, execute such contractual documents as may be required within the time specified. b. A performance bond on the part of the Contractor for 100 percent of the contract price. A "performance bond" is one executed in connec- tion with a contract to secure fulfillment of all the Contractor's obligations under such contract. c. A payment bond on the part of the Contractor for 100 percent of the contract price. A "payment bond" is one executed in connection with a contract to assure payment as required by law of all persons supply- ing labor and material in the execution of the work provided for in the contract. Where bonds are required in the situations described above, the bonds shall be obtained from companies holding certificates of authority as acceptable sure- ties 4. If a facility is to be acquired for a Multipurpose Senior Center, Con- tractor shall: -24- 11 a. Comply with the appropriate provision of enclosure 1 pertaining to "special assurance" for such acquisition, b. Provide adequate insurance for fire and against liability on account of damage to persons or property, and c. Assure that the Multipurpose Senior Center building meets all the State and/or local health, fire, safety, zoning and sanitation codes. 5. Authorized State of Federal representatives shall have the right to monitor Contractor's performance relating to acquisition, alteration and renovation pursuant to this agreement, on at least a bi-monthly basis; said monitoring to include, but not be limited to, inspections of premises (acquired, altered or renovated) and interviews with project supervisor and staff during normal business hours. 6. Contractor assures that an existing facility which has been altered and/or renovated shall be used as a Multipurpose Senior Center. The period of time in which such facility will be used as a Center is as follows: a. Not less than three (3) years from the date the contract terminates where the amount of the award, including the non-federal share, does not exceed $30,000. b. If the award exceeds $30,000, the fixed period of time shall increase one (1) year for each additional $10,000, or part thereof, to a maxi- mum of $75,000. c. For awards which exceed $75,000, the fixed period of time shall be not less than ten (10) years. 7. CONTRACTOR shall submit on a quarterly basis, no later than May 1, August 1, November 1 and February 1, to the Community Services Agency, 801-C North Broadway, Santa Ana, a report as follows for the following categories of expenditure which are funded by this Agreement: a. Equipment The report shall identify the equipment by contract date, equipment brand, model number and serial number, physical location and hours of operation and other pertinent usage measurement information. b. Structural Remodeling/Rehabilitation For a period of three (3) years after payment is made, pursuant to this Agreement the report shall identify the usage of the improvement, attest to the physical maintenance thereof and provide assurances that said improvement(s) are being utilized for the provision of services to senior citizens in accordance with the intent of this Agreement. Administrator shall prepare and provide the appropriate reporting forms to CONTRACTOR for use in compliance with these requirements. 287(2) -25- 3"32 A�ind7, the Interne eetulat3oa.. feF Sluitilurpose Senior �rlters pres- (tat17 t$ 45 CF'fl Part 911 are revised and anal regulations for Multipurpose Senior Centers are added In 45 CFR Part 1326 In the mannerset forth below. Butz. -The Administration en Aging has determined that this document don mot ra- Ntre preparation of an Inflation impact Statement under tsecutive Order 114121 sad CUB Circular A-107. tOstslog Of Pedersi Domestic Assistance Program Number: 13.419 Special Programs ��canters.) v Multipurpose senior Dated: June 3, 1977. Mrs= S. Plsaosrsc, Commissioner on APinp. Do led:. 5, 1977. Auto- MAerriltz. Assistant Secretary for 'Human Deoeiopment. Approved: June 27,1977. Jammu A. CALrrANa, Jr, lgerstary. Sh4 - Subpart A-/MMaa t fti Walpole. Surlier hpMM Mr •791411 Deeatuoos. Sursert a --Grants AMrired 16s.i Migibte applleanta. • 366.4 Procedures for making awards. Sssaart D-Assrrentas aeauirM is, Grants 36aA Asuranes nquired when Bute sgenaes are appitcanta. '39MA Alaurancs required far all ether ap- . pLeants. n1 � Mrs M.=U1uMAiraTh fire 0 PagWMa 266.7 Assurance; applicable to All taeni- =W,$ Special assurances applleabla 1e facilities to be acquired. SMA Spatial assurances applicable as structural changes in the altering me renovatias of factuttm Su bpe t P --Ganser awuiti..ws 2M10 ledaral and IMM-ledak! pareletpa- tion. 166.11 II"I"&bb eapmdltaat `66.12 Admlatstnuw nmats. 826.77 Oraatn adminiftMttea aegalre- XBMU. 56614 A-03 eleartnebouar ngatransota 620.16 Reports and rarnrds. 626.16 Civil right" A6947 rtondaertminattm m Wine at hand- . bap. 166.16 Mentors -S activities. so" Recapture of payments applicable in acquired taculttes. SMM Notification of action tun= on pro - Pon" 56/.21 Project peiba- .tws2 sarmenta. 0~ o -d aFaa Arrsb 56989 Atltuarm . Auracarrr: Pub. L 6-72, 79 Stat 216.11141 W OA.C. 9001 et req.). as amaaMed M rep. 591. Pan L 92-29. 87 Sial. 40-41; age. It% WGA L et -las. 6 81st no (tl V". 'v1-e9t1y. RULU AND eecuuna+s j 1321+.1 The Purpose of these regulations is to establish procedures for hnplementlnt sections 50105 of Title V of the older Americans Act of 1965, as amended. which provide for the making of grants and contracts to pay part of the costs a1 acquiring, altering or renovating existing facilities, including the initial equipment Of such facilities, to serve as multipur- pose senior centers. Subpart 0-•Oefinkioro ;1526.2 De6nhions.'_ Zm addition to the definitions set forth In tG 1320.2 and 1321.2 of this chapter, the following definitions are applicable far the purpose of this part. (a) "Acquiring" means obtaining ownership of an existing facility. (b) "Altering or renovating" means modifications upon or in connection with an existing facility which are necessary for Its effective utilization as a multi- purpose senior center, Including restor- Suit. reveiring.'and expanding which Is Mot In excess of double the square foot- age of the original facility, and all such related physical Improvements. (a) '2tultipurpose senior center - =Mm a community facility for the or- ganization and provision of a broadspec- irum of services (including provision of health. social, and educational services and Provision of facilities for reerea- 4fon activities) for older Persons. id) "Structural change" means any ehto66 to the load bearing members of a building. Subpart C --Grants Autborized 1326.5 EligiWeapplieassI& (a) Eligible applicants Include units of tenial Purpose local government or other public or nonprofit private agen- cies or organizations, including State or Area Agencies on Aging. (b) In order to assure that muitfpur- pose senior center facilities supported under this Part are Integrated with the comprehensive and coordinated service system established under T%Ue III and Title VII of the Act. State Agencies an Aging will be given Priority In the up- pileatdon and award of funds. i 1526.4 IM1161 d.re Ser tuhbg awards. (a) Prom the amount appropriated for multipurpose senior centers under Section 501 of the Act each fiscal year, the Commissioner &hall reserve an amount for making awards under this part for each State. The amount re - Served for each State shall be deter - named In 'keeping with the Principles whxh gulde the allocation of funds made each year under section 303.0f the Act, Swept that total funds awarded to my Siete in any fiscal year -hall not exceed Sian percent of the funds appropriated b7 the Congress for the nation for that fiscal year. lb) As act forth in i 1325.3(b) of this Part, State Agencies will be given 9L'3t Sdmit7 to apply Sar the Rinds reervtd AState. IIPOD the request of thz Commissioner each AwAl year, each State ahall indicate in writing its Intent to apply for the entire amount of fundf reserved for the State. (e) In those cases when the State Agency notines the Commissioner that It will not apply for the funds reserved for that State: (1) The State Agency will be asked to designate an amount, within the total amount reserved for the State, for each planning and service area in the State: (2) Eligible agencies and organiza- tions In the State will be notified of the funds designated under this part for each Planning and service area by the State and Area Agencies an Agfmg; and (3) Applications from eligible agencies or organizations within the State shall be forwarded to the Commissioner on Aging through Area and State Agencies on Aging, and will be ranked by such agencies by planning and service area. In order of their recommended priority for funding before being forwarded to the Commissioner. The Commissioner will make awards to such eligible agencies and organizations In accord with these recommended priorities, provided all Title V requirements contained In this part are tnet. Id) Y eligible agencies or organiza- tions fall to request funds within a time limit set by the Commissioner each fiscal year up to the level of the funds reserved for a planning and service area or a State, the Commissioner may make grants of such funds to eligible agencies or organizations In other planning and service areas of the State or other states. as appropriate. (e) All requests for funds under this Dart . shall be on forms prescribed for Oils purpose by the Commissioner. Subpart D --Assurances Roquired for Grams Under This Part 1526.5 Assurances required rhea lute agencies are applicants. When the State Agency makes SP - plication for funds Under this pan for Me entire State, the State Agency :mull, s asure that: (a) Each planning and service area In the State will receive an equitable por- tion of the funds awarded to carry out the purposes of Oils part except that. where justification exists, the State Agency may request in writing from the Commissioner an exception to this re- quirement for a given planning and serv- fee area: tb) Where Axa Agencies on Aging exist. they will be involved. together with their Advisory Council. In determuung the most feasible facilities to serve as multipurpose senior centers and the most qualified local agencies to operate the programs in such centers In their juris- dictions; and that their approval will be obtained beton any contract Is awarded In their jurisdiction as a result of a grant tinder this part: (a) In planning and service areas that Omtafa rural area, plans will be made :986A1 6Ola1Sr. VOL ex. OW 1119- 411MA7. tors t. MY to meet the special needs of the scattered populations of older persons. especially "A low Income and minority older vm; . f) in assisting facilities under this t in urban areas, priority cotsidera- tmn will be given in locating such facil- Wes In those parts of such areas having high concentrations of low-income and minority older persons: (e) A multipurpose senior center pro- 9ram will be developed and operated In any facilities assisted under this part: (A The multipurpose senior center programs operated in any facility as - stated under this part will be made part of the Comprehensive Program of the Area Agency on Aging where such Pro- gram exist: and (g) Any agency or organization which will operate a multipurpose senlor cen- ter program In a facility assisted under this ,part will be required to develop a plan designed to obtain written commit- ments from other public and private nonprofit agencies to use the facility to deliver services to older persons or con- - tribute resources to expand the program CC the center. { 1326.6 Amuranees required for all ether applicants. (a) In those cases when the State Agency elects not to apply for the funds reserved for the State, other eligible agencies or organizations In the State may submit applications to the Commis- sioner which provide adequate assur-_ • -^s that: ) The facility for which funds are -: sted Is adaptable for serving as a 3 ._dpurpose senior center; (2) A multipurpose senior center Pro- gram will be operated In the facility: (3) The agency or organization which Will operate the multipurpose senior center program in the facility for which Hinds are requested is qualified to oper- a(* such a program; (4) The facility for which funds are requested is located so as to be accessible to a high proportion of minority and low-income older pentons; and (6) The agency or organization which V111 operate the multipurpose senior center assisted under this part will de- velop a plan designed to obtain written commitments from other public and private nonprofit agencies to use the fa- ellity to deliver services to older persons or to contribute resources to expand the program of the center. (b) For such applications, the Area Agency on Aging, if applicable, will also he required to assure that the points in paragraph (a) (1-5) of this section will be met. In addition, the Area Agency will be asked to assure that the multipurpose senior center program proposed, for the facility will be made part of the Compre- seensive Program of the Area Agency on •ging. .. .. Subpart E—Assurances Applicable to _Facilities Financed Under This Part 4.7 Arsttrances applicable to ail facilities. ,.) 'The applicant shall assure that -"y facility for which funds are awarded • RULES AND RE01"TIONS • under this part shall comply before the multipurpose senior center program Is operated In such facility with all ap- plicable State and local health. flee• safety. zoning, and sanitation codes. With special regard to life/safety con- ditions, work will comply with the pro- visions of the National Fire Protection Association 101 Me Safety Code for the applicable building occupancy classifica- tion or State and local codes, whichever In the more stringent. - (b) The applicant• in order to com- ply with the requirements of the Davis - Bacon Act and other mandatory Federal labor standards. shall assure that HEW Requirements for Federally Assisted Construction Regarding Tabor Stand- ards and Equal Employment Opportu- nity, Form HEW -514 (July 1976) are in- cluded in all construction contracts for alteration and renovdtion of facilities. For the purpose of this part• the term "construction" is limited to altering or renovating existing facilities. (c) The applicant shall assure that If a facility to be acquired• altered or reno- vated will be shared with other age groups, that funds under this part will be used only for that portion of the fa- eitity that will be used by older persons. Where the same Eoor space is to be shared with different age groups, funds under this part may be used proportion- ately for acquiring, altering, or IenovaP ng the facility only to the extent that such floor space will be used by older persons. td) The applicant shall assure that the applicable requirements contained n• the following statutes and executive or- der are satisfied: (1) 'Uniform Relocation Aet. Pub. L 91-646; (2) Flood Protection ALL Pub. L 93- 234; (3) National Historic Pfesermtfon Act. Pub. L 89-865; and (4) Executive Order an Plood Plains, E.O. 11988. 11326.9 Special assaronees applile" so facilities to be we a re'd. (a) The applicant shall assure that there are no existing.facilities in the community suitable for leasing as a mul- tipurpose senior center. (b) The applicant -ball assure that any facility to be acquired under this part will conform with the !►fpbiledpiral >Tan Act of rasa (41 CFR -101 '7 (c) The applicant shall assure that the facility will be used for the purposes for which it is acquired for not bees than ten Years after the date acQuired. (d) The applicant shall assure that the facility will not be used, and is not in- tended to be used for sectarian initrue- tion or as a place for religious worship, (e) The applicant shall aBmrrc that iumctent funds will be available to meet the non -Federal share of the coat of Purchase of the facility. (f) The applicant shall assure that -sutaclent funds will be available When Purchase Is completed. for effeCUve use of the facility for the purpose for which it is being Purchased. { 1326.9 Special aaurenees applteame en structural cluing" in the altering or. renovating of facilities. Where structural changes will be un- dertaken in the course of altering or renovating a facility, the applicant shall assure compliance concerning all appli- cable local or State ordinances, laws. or building codes. In the absence of such codes, such structural changes must con- form to Chapter 23. Of the 'Uniform Building Code, or Article 7 or the Basic Building Code, or Chapter 12 of the Standard Building Code. Subpart F --General Requirements { 1326.10 Fedaeral and Federal par. tfcip■dom The Commissioner 1s authorized to pay up to 7$ percent of the costs of acquir- ing, altering or renovating facilities to serve as multipurpose senior centers. The non -Federal share of proposed costs un- der this Part shall be Identified by the applicant In the application. E 1326.11 vaalMwable expeaditares. Federal financial Participation. and the appropriate non -Federal share, may not be used for any of the following: (a) New construction or the comple- tion of a partially completed facility; (b) The purchase of land not related to the acquiring of an existing facility; •(c) Expanding of a facility In excess of double the square footage of the original facility; and (d) Ant, cost associated with the oper- ation of the multipurpose senior center. Including rent, maintenance• personnel and supplies. - 1$ 1326.12 Adadalstraden easts. Applicants are authorized to be reim- bursed for administrative costs associ- ated with administering grants under this part. Such casts must be set forth In the proposal. ,A 1326.13 Crouton enhoieivad" -aa. tdremmus. All of the provisions of 45 CFR Part f1apply to grants awarded under this 6 1326.13 -A-9S Ck.riadtaue "alre. agents. All applications submitted tinder this part are subject to requirements of Part LOMB Circular A-95. 11326.15 Repan and records (a) Agencies or organizations recely- Ing funds under this Part shall make Much reports in such form and containing such information as the Commissioner array determine. (b) Agencies or organizations receiv- tng awards shall maintain such records and afford such access thereto as the Commissioner may find necessary to as- sure the correctness and vertml -tton of such reports. { 1326.16 Ci.if rights. The applicant shall assure that all activities undertaken under this part shall conform to the Civil Rights Act of 11994 and All applicable policies and pro - soon" amtrfm, VOL 4% Ma gas.-gO9m)ty, JOLT S. 1777 3re;res established relating W such* 2n,addialon, the applicant shall develop and Implement in aM mative action plan In the area of employment, and the development and Implementation of a plan designed to provide maximum op- portunity for participation in the service programs operating out of the center by tow -Income and minority persons. $1326.17 Nondi.criminnaom on basis or handieap. The applicant shall assure that the sequlrementa set forth In sec._504 of the Rehabilitation Act of 1973 and HELY regulations (45 CFR. Part 84) and guide - Maes are met. { 1326.18 Monitoring activities. Agencies or organizations which re- eeive awards shall establish monitoring procedures which will assure that any -activity for which a grant is made under this part will be carried out in keeping 'with the provisions of the application as approved by the Commissioner. { 1326.19 Recapture or payment. sp- plieable to acquired facilities. V. within ten years after acquiring a facility under this part. either the owner of the facility ceases to be a public or asonprofft prlvate agency or organization, or the facility ceases to be used for the purposes for which it was acquired, the Department shall be entitled to recover from the agent]' or other owner of the facility an amount, which bean to the alien value of the facility, or so much thereof as constituted an approved proJ- act award or awards. the same ratio as the amount of such Federal funds bore to the cost of the facility financed with the ald of such funds. Such value shall be determined by agreement of the parties or by action brought in the Gulfs AMD REGYLAMMS 'United State District Court for the dis- trict in which such facility Is situated Release by the Department from re- capturing the payment may occur it the facility as originally acquired Is sic longer adequate as a setting to provide the type and level of services now re• qulred- by older persons In the Com. munity, and therefore the facility, as originally acquired, will be sold it a price, determined as reasonable by the Department, and that such funds result - Ing from the sale of the original facility will be used to purchase another facility In the community which meek the standards of this part. { 1326.20 Notification *f sedan ashen 4M peoposils. Applicants will be notified m writing by Issuance of a "Notice of Grant Awarded" of the final action taken by the Commissioner on each application. For those applications approved by the Commissioner. this notification shall set 'forth the amount of funds awarded, and shall constitute for such amounts the incumbrance of Federal funds for such proposal on the date of the award. { 132621 riejeet peebd. Except for those instances where an exception Is approved by the Commis- sioner baud on an Inability to complete a project within the project period due to circumstances beyond the control of a grantee: (a) The period of a grant award sp- prored in any fiscal year will not exceed 12 months following the effective date of the "Notice of Grant Awarded" relating to such grant. and - (b) All activities relating to the ac- quiring, altering or renovating of a fa= elilty, under this put shall be completed. and the Multipurpose program opera- . UOnal In such facility within 12 montlu following the effective date of the grant relating to that activity. E 1326M rayawass. Upon approval of any APPlication-for IL grant or contract under this part, the Commissioner shall reserve, from any appropriation available thereiore. the amount of such grant or contract. The amount so reserved may be paid in ad- vance or by way of reimbursement. and In such Installments consistent with Progress in altering or renovating a to- olhty, as the Commissioner may deter- mine. The Commissioner's reservation of any amount under this section sr=- be amended by him. either upon approv,,l rf an amendment of the application or upon revision of the estimated cost of altering or renovating the facility. Subpart Cr—Contract Authority { 132623 Authority. (a) The Commissioner is authonzed to make contracts to carry out the pur- poses of this part with any agenev or organization to pay not to exceed 75 p=r centuat of the Costs of such preprtm. subject to the ten per centum ma:::muin payments in any State In any fiscal year. (b) Any contract under this pm— skull be entered Into in accordance witn and shall conform to all of tete relevant rc ;- ulations relating to this title as well as to all other applicable laws, re, elation- and Department policy. (c) Payments may be made in ad value or by way of reimbursement, enc in such installments and on such condi- tions as the Commissioner may deter- mine. f8130c.77-18664 PH" 7-1-77:8:45 anal