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
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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-
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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:
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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.
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b. Personnel
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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
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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.
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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
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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.
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(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
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out.
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b. Failure to Secure Administrator Approval
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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-
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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
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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
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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
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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
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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.
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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
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behalf of the County of Orange."
d. Certificates of Insurance
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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-
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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
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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),
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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
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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