HomeMy WebLinkAbout15469 ORD - 04/09/1980AN ORDINANCE
AUTHORIZING THE CITY MANAGER TO EXECUTE'A CONTRACT FOR
SERVICES WITH THE COASTAL BEND COUNCIL OF GOVERNMENTS,
AREA AGENCY ON AGING FOR THE ELDERLY NUTRITION PROGRAM
AND OPERATION OF THE SENIOR CENTERS AND SOCIAL SERVICES
PROGRAMS IN CORPUS CHRISTI, TEXAS, FOR A. TERM OF SEVEN
MONTHS BEGINNING MARCH 1, 1980, AND ENDING SEPTEMBER 30,
1980, ALL AS MORE FULLY SET FORTH IN THE CONTRACT FOR
SERVICES, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO,
MARKED EXHIBIT "A" AND MADE A DART HEREOF; AND DECLARING
AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. That the City Manager be and he is hereby authorized to
execute a contract for services with the Coastal Bend Council of Governments,
Area Agency on Aging for a term of seven months beginning March 1, 1980, and
ending September 30, 1980, for the elderly nutrition program and operation of
the senior centers and social service programs in Corpus Christi, Texas, all
as more fully set forth in the contract, in substantially the form attached
hereto, marked Exhibit "A", and made a part hereof.
SECTION 2. The necessity to authorize execution of the aforesaid
contract for services at the earliest practicable date in order that the nutri-
tion program and the senior centers and social services program continue
create a public emergency and imperative public necessity requiring the sus-
pension of the Charter rule that no ordinance or resolution shall be passed 011111
finally on the date of its introduction but that such ordinance or resolution
shall be read at three several meetings of the City Council, and the Mayor hav-
ing declared such emergency and necessity to exist, and having requested the
suspension of the Charter rule and that this ordinance be passed finally on
the date of its introduction and take effect and be in full force and effect
from and after its passage, IT IS ACCORDINGLY SO ORDAINED, this the
day of April, 1980.
ATTEST:
A4.0_7
City Secretary MAYOR
THE CITY OF RPUS CHRISTI, TEXAS
APP ED:
DAY OF APRIL, 1980:
J. BRUCE AYCOCK, CITY ATTORNEY
15469
Corpus Christi, Texas
9 day of
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
For the reasons set .forth in the emergency clause of the foregoing ordinance, a
public emergency and imperative necessity exist for the suspension of the Charter
rule or requirement that no ordinance or resolution shall be passed finally on
the date it is introduced, and that such ordinance or resolution shall be read
at three meetings of the City Council; I, therefore, request that you suspend
said Charter rule or requirement and passthis ordinance finally,on the date it
is introduced, or at the present meeting of the City Council.
Respectfully,
•
The Charter rule was
Luther Jones
Edward L. Sample
Dr. Jack Best
David Diaz
Jack K. Dumphy
Betty N. Turner
Cliff Zarsky
MAYO
THE CI ' OF,
CHRISTI, TEXAS
suspended by the following vote:
The above ordinance was pass : by the following vote:
Luther Jones
Edward L. Sample
Dr. Jack Best
David Diaz
Jack K. Dumphy
Betty N. Turner
Cliff Zarsky
15469
•
COASTAL BEND COUNCIL OF GOVERNMENTS
AREA AGENCY ON AGING
CONTRACT FOR SERVICES
STATE OF TEXAS
COUNTY OF NUECES
The Governor's Committee on Aging and the Coastal Bend Council of
Governments have agreed to amend the NOTIFICATION OF GRANT AWARD (herin-
after referred to as "NGA" or "GRANT AGREEMENT") as initially executed by
the parties effective March 1, 1980, for the performance of services to
develop a comprehensive and coordinated service system for older persons
for the period March 1, 1980 through March 31, 1980. By the execution of
this contract, the Coastal Bend Council of Governments and contractor
thereto hereby agree that, effective April 1, 1980, the NGA identified in
the previous sentence shall be amended to read as follows:
SECTION 1. PARTIES TO TUE. CONTRACT
This contract and agreement is made and entered -into by and between
the Coastal Bend Council of Governments, hereinafter referred to as the
Area Agency on Aging,and_
hereinafter referredto as "Contractor." The parties hereto have sever-
ally and collectively agreed, and by the execution hereof are bound to
the mutual obligations and to the performance and accomplishment of the
tasks hereinafter described.
SECTION 2. CONTRACT PERIOD
This contract shall commence on March 1, 1980
and shall terminate on September 30, 1980
SECTION 3. CONTRACTOR'S PERFORMANCE
Contractor shall develop and operate a program for providing services
to older persons pursuant to Older Americans Act of 1965, as amended,
42 U.S.C. Sec. 3001, et seq., hereinafter referred to as the "Act," in
Planning and Service Area 20 to include the following areas in Texas:
Contractor shall perform all activities in accordance with the terms of
the Act, and regulations promulgated thereunder and•of Attachment A,
the Governor's'.Committee on..Aging/the Area Agency on Aging's Budget,
Attachment B, Area Plan, Attachment C, Contractor Budget, Attachment D,
Contractor's Plan of Operation to this contract.
SECTION 4. AREA AGENCY ON AGING FUNDING OBLIGATIONS
A. Measure of Liability.
In consideration. of full and. satisfactory performance of the activi-
ties referred -in Section 3, the Area.Agency on Aging shall, be liable
to Contractor for actual costs incurred by Contractor within the
period of this contract for performances rendered hereunder subject
to the limitations stated in paragraphs (1) through (7) below, and
in Subsection D of this Section 4, and subject to Contractor furnish-
ing its share of the costs incurred, as provided in Section 5 of this
contract.
1. It is expressly understood and agreed by the parties hereto that
the Area Agency on Aging's obligations under this Section are
contingent upon the actual receipt of adequate State and/or
federal funds to meet liabilities under this contract. If adequ-
ate funds are not available to make payments under this contract,
the Area Agency on Aging shall notify Contractor in writing with-
in five working days after such fact has been determined, and will
not be liable for failure to make payments to Contractor under
this contract. Upon receipt of such notice, Contractor shall can-
cel, withdraw or otherwise terminate any outstanding orders or
subcontracts which relate to the performance of this contract and
shall cease to incur costs thereunder.
2. The Area Agency on Aging shall not be liable to Contractor for
costs incurred or performances rendered which are not strictly
in accordance with the terms of this contract.
3. The Area Agency on Aging shall not be liable to Contractor for
any costs of a type not specified by the budget categories de-
lineated in Attachments A or C, Budget, of this contract, and
shall not be liable to Contractor for any costs delineated by any
budget category in Attachments A or C, Budget, which exceed the
amount identified for that category in the column entitled "Fed-
eral Share." For budget categories relating to personnel, all
listed annual- salaries are for full-time employment unless speci-
fically designated otherwise in Attachments A or C, Budget. Full-
time employment shall mean the performance of duties by an em-
ployee of Contractor under this contract for a full forty (40)
hours within each week. With the prior written approval of the
Area Agency on Aging, Contractor may employ part-time employees
to fill budgeted full-time positions provided that the salary
rates for such part-time employees are proportional to the annual
salary rate for full-time employment.
Compensation for personal services includes all remuneration,
paid currently or accrued, for services rendered during the
period of performance under the Contract agreement, including
but not necessarily limited to wages, salaries, and supplemen-
tary compensation and benefits. The costs of such compensation
•
are allowable to the extent that total compensation for indivi-
dual employees: (1) is reasonable for the services rendered;
(2) follows an appointment made in accordance with Contractor's
procedures and which meets merit system or other requirements,
where applicable; and, (3) is determined and supported as pro-
vided below. Compensation for employees engaged in contract
assisted activities will be considered reasonable to the extent
that it is consistent with that paid for similar work in other
activities of the Contractor. In cases where the kinds of em-
ployees required for the contract assisted activities are not
found in the other activities of the Contractor, compensation
will be considered reasonable to the extent that it is compar-
able to that paid for -similar work in the labor market in which
Contractor competes for the kind of employees involved. Com-
pensation surveys providing data representative of the labor
market involved will be an acceptable basis for -evaluating rea-
sonableness.
Amounts charged to contract programs for personal services, re-
gardless of whether treated as direct or indirect costs, will
be based on payrolls documented and approved in accordance with
generally accepted practice of the Contractor-. Payrolls must be
supported by time and attendance orequivalentrecords for indi-
vidual employees. Salaries and.wages of employees chargeable:to
more than one contract program or other cost objective will be
supported by appropriate time distribution records.
Cost identified under a. and b. below are allowable to the ex-
tent that total compensation for employees is reasonable as de-
fined above.
a. Employee benefits in the form of regular compensation paid
to employees during periods of authorized absences from the
job, such as for annual leave, sick leave, court leave,
.military leave, and the'-.like,..if_they are provided pursuant
to an established leave system applicable to all Contractor's
employees generally, and the cost thereof is equitable al-
located to all related activities, including contract pro-
grams.
b. Employee benefits in the form of employer's contribution or
expenses for social security, employees' life and health
insurance plans, unemployment insurance coverage, workmen's
compensation insurance, pension under established plans for
Contractor's employees generally, and are distributed equit-
ably to contract programs and to other activities.
4. The Area Agency on Aging shall not be liable for any costs or
portion thereof which:
a. has been paid or is subject to payment to Contractor by any
source other than the Area Agency on Aging or Contractor; or
b. has been reimbursed to Contractor or is subject to reim-
bursement to Contractor by any source_other than the Area
Agency on Aging or Contractor.
5. The Area Agency on Aging shall not be liable to Contractor for
any costa which are not allowable costs as specified in Section
7 of this contract.
6. The Area Agency on Aging shall not be liable for any coats in-
curred by Contractor'in the performance of this contract which
have not been billed to the Area Agency on Aging within 90 days
following termination of this contract, exceptthat costs not
previously billed which are finally determined by an audit per-
formed pursuant to Section 34 of this contract to be allowable
without regard to this sentence shall constitute a liability of
the Area Agency onAgingonly to the extent necessary to offset
cost disallowed by such audit or audits.
7. Notwithstanding any other provision of this Section 4, if in any
quarter Contractor fails to provide at least meals,
(which number equals 90% of the number of meals allocated to
Contractor upon which Contractor's budget allocation for meals,.
and related nutritional services was based) and such number of
meals when added to the. number of meals provided' in all previous
quarters fails to exceed the number computed by multiplying the
number of complete quarters expired from the beginning of this
grant by - , the Area Agency on Aging shall not be lia-
ble in that quarter for an amount for nutrition services which
exceeds an amount computed by multiplying the number of meals -
which were actually served by Contractor in accordance with the
terms of Section 63 of this contract in that quarter by $ 1.91 ,
which is the amount determined to be the average cost of pro-
viding one meal and related nutritional services. to an eligible
person. Nothing herein shall limit the authority of Contractor
to provide a number of meals in any quarter in excess of the
number specified in this paragraph, nor shall any provision of
this Subsection A (7) be construed so. as to prevent Contractor
from counting amounts paid by Contractor (but not representing
the Area Agency on Aging liabilities by virtue of operation of
this Subsection.A(7)) toward Contractor's Match in accordance
with Section 5 of this grant.
B. Method of Payment
1. If requested in writing by Contractor, the Area Agency on Aging
shall, within a reasonable time after the execution of this con-
tract, pay to Contractor against the Area Agency on Aging's lia-
bilities accrued or to be accrued in accordance with Subsection
A of this Section, an initial amount not to exceed an amount de-
termined by dividing the maximum monetary obligation of the Area
Agency on Aging as set forth in Subsection D of this Section by
the number of months included under the terms of this contract
as set forth in Section 2.
2. Contractor shall submit, by the tenth (10th) day of the month
following the calendar month in which costs were:incurred and
for which payment is sought, a requisition for payment in a form
specified by the Area Agency on Aging. Such requisition for pay-
ment shall reflect total actual costs incurred by Contractor un-
der this contract for the billing period, the amount of such
costs to be covered by Contractor's match (as specified in Sec-
tion 5 of this grant); and, the amount of such costs for which
Contractor seeks payment from the Area Agency on Aging. Upon
receipt of the approval by the Area Agency on Aging of each re -
requisition for payment, the Area Agency on Aging shall pay, sub-
ject to the limitations provided subsequently by this Subsection
B, an amount equal to the Area Agency on Aging's liabilities as
measured by Subsection A of this Section 4 which have not been
previously billed to and paid by the Area Agency on Aging; except
that, in the event that the Area Agency on Aging has made an in-
itial payment pursuant to Paragraph 1 of this Subsection B, the
Area Agency on Aging may disregard such payment in computing
amounts owed to Contractor by the Area Agency on Aging pursuant
to this Subsection B.
3. Notwithstanding the provision of Paragraph 1 of this Subsection
B, it is expressly understood and agreed by the parties hereto
that if Contractor fails to submit to the Area Agency on Aging
in a timely and satisfactory manner any report specifically re-
quired by this contract or any report necessitated by any feder-
al reports required of the Area Agency on Aging, the Area Agency
on Aging may, at its sole option and in its sole, discretion, with-
hold any or all payments otherwise due and owing Contractor here-
under. If the Area. Agency on Aging withholds such payments, it
shall notify Contractor in writing of its decision and the rea-
sons therefor. Payments withheld pursuant to this Paragraph may
be held by the Area Agency on Aging until such time as the de-
linquent obligations for which funds are withheld are fulfilled
by Contractor.
4. Notwithstanding -any other provision of this contract, it is ex-
pressly understood and agreed by the parties hereto that the
Area Agency on Aging may, at its sole option and in its sole dis-
cretion, offset any amounts withheld or otherwise owing to Con-
tractor from the Area Agency on Aging arising from this or any
other contract between the Area Agency on Aging and Contractor.
Prior to the Area Agency on Aging's exercise of offset authority
hereunder, the Area Agency on Aging shall provide Contractor in-
formation concerning its decision to offset,. and an opportunity
to present additional information it may possess relevant to the
Area Agency on Aging's decision.
5. It is expressly understood and agreed by the parties hereto that
day right or remedy provided for in this Subsection B or in any
other provisions of this contract shall not preclude the exer-
cise of any other right or remedy under -this contract or under
any provision of law, nor shall any action taken in the exer-
cise of any right or remedy be deemed a waiver of any other
rights or remedies. Failure to exercise any right or remedy
hereunder shall not constitute a waiver of the right to exer-
cise that or any other right or remedy at any time.
C. Excess Payments
Contractor shall refund to the Area Agency on Aging any sum of
money which has been paid by the Area Agency on Aging which the
Area Agency. on Aging determines, (1) has resulted in overpayment
to Contractor, or (2) has not been spent strictly in accordance
with the terms of this'contract, within thirty (30) days after
the refund is requested by the Area Agency on Aging. The Request
for Refund shall include a computation of the amount of funds.
which have been paid by Contractor to the Area Agency on Aging,
the amount of the Area Agency on Aging's punitive liabilities
under this contract, and the difference between these amounts.
D. Limit of Liability.
Notwithstanding any other provision of this contract, the total
of all payments and other obligations made or incurred by the"
Area Agency on Aging hereunder shall not exceed the sum. of
SECTION 5. CONTRACTOR'S MATCH
A. Contractor shall be liable for bearing a shareof the allowable
costs incurred and providing other resources utilized for per-
formances under this contract. Such share 'required of Contractor
shall be referred to herein as Contractor's Match, or Match. Such
Match may consist of in-kind contributions or cash applied for
allowable costs, as that term is defined in Section 7 of this
contract, incurred by Contractor under this contract. Contract-
or's Match under this contract shall be not less than the amount
identified for each program category in Attachment C, Budget, in
the column entitled "Non -Federal."
B. Notwithstanding any other provision of this contract:
for costs incurred'for the provision of social services and nu-
trition services as part of a comprehensive and coordinated sys-
tem in Contractor service area, Contractor's Match shall be not
less than ten percent (102).
C. Amounts may be counted toward Match only if they are costs for
resources of a type specified by the budget categories delineat-
ed in Attachments A and C, Budget, of this contract.
D. In-kind contributions, hereinafter referred to as contributions,
means property or services provided to contractor by non-federal
third parties without charge to Contractor or the Area Agency
on Aging which are:
1. identifiable from Contractor's records to performances required
under this contract;
2. are necessary and reasonable for proper and efficient accom-
plishment of performances required under this contract;
3. are not included as contributions for any other state or feder-
ally assisted program; and
4. would, if Contractor were to pay for. them, be, an allowable direct
cost under -the provisions of this contract.
E. The basis for determining the charges for all in-kind Match shall
be adequately documented. The Area Agency on Aging shall have
access to and the right to examine all such documentation. Valua-
tion of contributions shall be determined in accordance with the
following provisions:
1. Rates for volunteer services shall be consistent with those ordi-
narily paid for similar work in Contractor's organization. If"
Contractor does not have employees performing similar work, rates
shall be consistent with wage rates for similar work in Contrac-
tor's labor market. A reasonable amount of fringe benefits may be
included in the valuation.
2. If the contribution consists of land, buildings, or tangible per-
sonal property having a useful life of more than one year and a
unit acquisition cost of $300.00 or more, and title passes to
Contractor, the market value of the equipment and buildings at
the time of donation, and the fair rental rate of the donated land
may be counted toward Match provided that prior written approval
of the Area Agency on Aging is obtained-. If the Area Agency on
Aging's approval is not obtained, valuation shall be in accor-
dancewith the provisions of 45 C.F.R. 74.56(b) (2).
3. Contribution of the use of equipment or space where title remains
in donor shall be valued at the fair rental rate of the equip-
ment or space.
4. Supplies and all other in-kind contributions shall be valued at
fair market value of the supplies at the time of donation.
F. Contractor's Match Requirement may not be met by coats borne by
another State grant or contract or, except as provided by feder-
al statute, by another federal grant or contract. For the pur-
poses of this subsection, general revenue sharing funds under
31 U.S.C. Section 1221 are not considered a federal grant. Funds
provided to regional planning commissions pursuant to the pro-
visions of Section 6 of Texas Rev.Civ.Stat.Ann. art 1011m are not
considered.a state grant or contract for the purposes of this sub-
section. Costs or the value of third party contributions counted
toward Contractor's Match requirement shall not be counted toward
satisfying a cost sharing or matching requirement of another fed-
eral grant or grant.
G. If at any -time during the contract period the ratio of total ac-
tual expenditures out of the Area Agency on Aging's share to the
total actual expenditures made out of Contractor's share is great-
er than. the ratio of the Area Agency on Aging's total share to
Contractor's total share as specified in Attachment C then the
Area Agency on.Aging may suspend further payments under this con-
tract until such disproportion is corrected. Only those contri-
butions made by Contractor in compliance with each line item
stated in Attachment C shall be added to Contractor total share
in making the above computation.
H. No amounts shall be- applied toward Contractor's Match which do
not represent costs incurred or contributions for performances
rendered strictly in accordance with all the terms of this con-
tract.
I. Notwithstanding any other provision of this Section, Contractor
may expend an amount greater than that designated in this Sec-.
tion.as Contractor's Match on purposes or performances allowable
under this contract.
SECTION 6. PROGRAM INCOME
A. Program income means the income earned by Contractor from acti-
vities part or all of the cost of which is either borne as a di-
rect cost by the Area Agency on Agingorcounted as an allowable
cost toward meeting Contractor's Match requirement. It includes
but is not limited to such income in the form of fees for ser-
vices performed during the contract period, proceeds from the
sale of property, usage or rental fees and patent or copyright
royalties.
B. Records of the receipt, accrual, and. disposition of program in-
come must be maintained.by Contractor -in the same, manner as re-
quired for other contract funds, and reported to the Area Agency
on Aging monthly and at the expiration of the contract, in a for-
mat to be prescribed by the Area Agency on Aging.
C. Income earned during the term of this contract shall be retained
by the Contractor and may be utilized by Contractor without
prior approval for current allowable costs incurred for perfor-
mances specified by this contract. If this alternative is used,
costs borne by income may not count toward satisfying Contrac-
tor's Match requirement, and the maximum percentage of the Area
Agency on Aging participation will be applied to the net amount
determined by deducting income from total allowablecostsand
contributions. Program income may also be utilized to meet Con-
tractors cost-sharing requirements. Use for cost-sharing re-
quirements shall be for current costs, unless the Area Agency on
Aging authorizes deferral to a later period.
D. Income earned by Contractor from participant contributions for
nutrition services shall be used in a manner which will increase
the number of meals served by the nutrition project involved. Use
of participant contributions to increase the number of meals ser-
ved will be adequately documented.
SECTION 7. ALLOWABLE COSTS
A. The allowability of costs incurred for performances under this
contract, whether such costs are billed to the Area Agency on
Aging or are counted toward Contractor's Match, shall be deter-
mined in accordance with the provisions of 45 C.F.R. Part 74,
Subpart Q, and the applicable appendices to Part 74.
B. Whenever the provisions of 45 C.F.R. 74, or its appendices, pro-
vide that a cost is allowable only when authorized in writing,
the Area Agency on Aging's prior written approval is required in
order for the cost to be allowable. Approval of Contractor bud
get, Attachment C, shall constitute prior written approval of
these items only if detailed budget justification supporting the
purpose, necessity and reasonableness of such cost, in a format
specified by the Area Agenny'on Aging, is included -as part of
such budget. •
SECTION 8. TRAVEL
A. Costs for travel.within the State of Texas are allowable for ex-
penses for transportation, lodging, subsistence and related items
incurred by Contractor's employees who are in a travel status on
authorized official business necessary to the contract program or
training or programmatic evaluation activities authorized by Con-
tractor. Reimbursement for official travel shall be consistent
with that normally allowed in like circumstances in the non -
federally sponsored activities of Contractor. Current establish-
ed travel rates of the Contractor, as approved by Contractor's
governing body, shall prevail. The difference in cost between
the first-class air accommodations and less -than -first-class air
accommodations is unallowable except when less than first-class
air accommodations are not reasonably available. In no event
shall the aggregate of all payments from the Area Agency on Aging.
for travel exceed the amount specified for travel in Attachment
A & C of this contract.
B. Contractor must have prior written approval of the Area Agency
on Aging before it may use funds under this contract to pay for
travel and per diem for out -of -State travel. The Area Agency on
Aging shall send to Contractor notice of its approval or dis-
approval of requests for. out -of -State travel within ten (10)
working days following the Area Agency on Aging's receipt of such
requests. Where Contractor has not received the Area Agency on
Aging's notification of approval or disapproval of such travel re-
quest within fifteen (15) working days following the Area Agency
on Aging's receipt of such request, it shall be deemed approved.
by the Area Agency on Aging. Approval of Contractor's budget
does not in itself constitute prior written approval.
SECTION 9. LEGAL AUTHORITY
A. Each party hereto assures and guarantees that it possesses the.-
legal authority pursuant to any proper, appropriate, and offi-
cial motion, resolution, or action passed or taken giving it le-
gal authority to enter into this contract, receive or expend the
funds authorized by this contract and to perform the services that
it has obligated itself to perform under -this contract.
B. The person or persons signing and executing this contract on be-
half of either Contractor or the Area Agency on Aging, or repre-
senting themselves as signing and executing this contract an be-
half of either party, do hereby warrant and guarantee that he or
they have been --•duly authorized by such party to execute this con-
tract on behalf of such party and validly and legally to bind it
to all the terms, performances, and provisions herein set forth.
C. Either party to this contract shall have the right, at its option,
either temporarily to suspend or permanently terminate this con-
tract, if there is a dispute as to the legal authority of either
party or the person signing the contract for either party to en-
ter into this contract. Contractor is liable to the Area Agency
on Aging for any money it has received from the Area Agency on
Aging for performance of the provisions of the contract, if the
Area Agency on Aging has suspended or terminated this contract
for the reasons enumerated in this Section.
SECTION 10. REPORTING REQUIREMENTS
A. Contractor shall maintain fiscal records and supporting documents
for all expenditures of funds under this contract in a manner which
conforms with reasonable requirements of the Area Agency on Aging
and with generally accepted accounting procedures. (Contractor
shall include the substance of this provision in all subcontracts.)
B. Contractor shall submit to the Area Agency on Aging a quarterly
program performance report covering all activities of Contrac-
tor under this contract. The quarterly report- shall be submitted
on a format which will be provided by the Area Agency on Aging,
and shall be received by the Area Agency on Aging no later than
the tenth (10) day following the calendar quarter covered by the
report.
C.
If Contractor is using funds under this contract for the provi-
sion of nutrition services, Contractor shall submit to the Area
Agency on Aging:
1. Monthly Nutrition Reports in a form. which will be specified by
the Area Agency on Aging. Such reports shall include information
concerning congregate meal sites, number of meals served, number
and characteristics of persons served, nutrition staff and USDA
donated food. The reports shall be received by the Area Agency
an Aging no later than the tenth (10th) day following the calen-
dar month covered by the report.
2. A quarterly Nutrition Management guide, on a form specified by
the Area Agency on Aging, which shall include information on
total meals served, meal costs, and other program costs. Such
report shall be received by the Area Agency on Aging no later
than the tenth (lOth).day following the calendar quarter covered
by the report.
3. A monthly USDA Donated Foods Report reflecting monthly beg ening
and ending inventory, units received and units used of USDA do-
nated food. The report shall be received by the Area Agency on
Aging no later than the tenth (10th) day following the calendar
month covered by the report.
D. Contractor shall submit such other reports on. the operation and
performance of this contract as may -be required by the Area Agen-
cy on Aging, including reports relating financial information to
performance or productivity data and unit cost information. The
Area Agency on Aging may use any reports submitted by Contractor
to measure accomplishments- in achieving objectives stated in this
contract.
SECTION 11. RETENTION OF RECORDS
Contractor agrees to retain all books, documents, reports, accounting
procedures, and other records, pertaining to the operation of programs
and expenditures of funds under this contract for three (3) years from
the date of final payment under this contract unless a different period
is expressly specified elsewhere in this contract. Records shall be re-
tained beyond this date if audit findings or other litigation or disputes
have not been resolved. Contractor shall include the substance of this
provision in all subcontracts.
SECTION 12. ACCESS TO RECORDS
Contractor shall give. the United States Department of Health, Educa-
tion and Welfare, the United States Comptroller General, the Governor's
Committee on Aging and the Area Agency on Aging through their authorized
representatives, access to and the right to examine all records, books,
documents, papers, or other records relating to this contract. Such
rights to access shall not be limited to the required period for records
retention specified in Section 11 of this contract, but shall continue as
long as the records are retained. Contractor shall include the substance
of this provision in all subcontracts.
SECTION 13. INDEPENDENT CONTRACTOR
It is expressly understood and agreed• by both parties hereto that the
Area Agency on Aging is contracting with Contractor as an Independent Con-
tractor and that Contractor, as such, agrees to hold the Area Agency on
Aging harmless and to idemnify it against any and all claims, demands,
and causes of action of every kind and character which -may be asserted by
any third party occurring or -in any way incident to, arising out of, or
in connection with, the services to be performed -by Contractor under this
contract.
This idemnification shall be of no force and effect if the claim, de-
mand, or cause of action arose because of some act, either of commission
or omission, of the Area Agency on Aging.
SECTION 14. INSPECTION OF PREMISES
The Area Agency on Aging, or the Governor's Committee on Aging or the
United States Department of Health, Education and Welfare, through any
authorized representatives, has the right during normal working hours to
inspect or otherwise evaluate the work performed or being performed. Con-
tractor shallinclude the substance of this provision in all subcontracts.
SECTION 15. PROCUREMENT STANDARDS
A. Contractor shall. establish procedures for the procurement of sup-
plies, equipment, construction, and other services whose cost is
in whole or -in part a direct cost under this contract. Such pro-
cedures shall comply with all applicable provisions of 45 C.F.R.
Part 74, Subpart P.
B. Contractor shall maintain a code of conduct to govern the per-
formance of its officers, employees, or agents engaged in the
awarding and admin;Atration of subcontracts under this contract.
Such code shall contain appropriate disciplinary actions to be
applied for violations of the code. Such code shall include pro-
visions prohibiting the solicitation or acceptance of gratuities,
favors, or anything of monetary value from contractors or poten-
tial contractors.
SECTION 16. NEPOTISM
No officer, employee, or member of the governing board of Contractor
shall. appoint,- or vote for, or confirm the appointment to any office,
position, clerkship, employment, or duty, of any person related with the
second (2nd) degree by affinity or within the third (3rd) degree by consan-
guinity to the person so appointed or so voting, when the salary, fees,
or compensation of such appointee is to be paid for, directly or indir-
ectly, out of or from funds provided under this contract; provided, that
nothing herein contained, nor in any other nepotism law contained in any
charter or ordinance of any municipal corporation of this State shall
prevent the appointment, voting for, or confirmation of any person who
shall have been continuously employed in any such office, position, clerk-
ship, employment, or duty for a period of two
the election or appointment of the officer or
voting for, or confirming appointment, or the
pointment of the officer or member related to
the prohibited degree.
SECTION 17. SECTARIAN ACTIVITY
None of the performances -rendered hereunder shall
portion of the funds received by Contractor hereunder
any sectarian or religious activity.
SECTION 18. POLITICAL ACTIVITY
No portion of the funds received by Contractor hereunder shall be
used for any activity undertaken to influence the passage or defeat of
any legislative measure, or to influence the outcome of any election.
SECTION 19. CONFLICT OF INTEREST
A. Contractor covenants that neither it nor any member of its Govern-
ing Body presently has any financial interest or shall acquire.
any financial interest, direct or indirect, which would conflict
in any manner or degree.with the performance of services required
to be performed under this contract. Contractor further covenants
that in the performance of this contract no person having such
interest shall be_employed or appointed as a member of its govern-
ing body.
(2) years prior to
member appointing,
election or ap-
such employee in
involve, and no
shall be used for,
B. Contractor shall assure that no member of its governing body, em-
ployee, or agent shall participate in the selection, award, or
administration of a subcontract under this contract where any of
the following has a personal financial interest in the contract.
1. the employee, officer, or agent;
2. any member -of his or her immediate family, as that term is de-
fined in Section 16 of this contract
3. his or her partner; or
4. an organization in which any of the above is an officer, director,
or employee.
C. No officer, member, or employee of the Area Agency on Aging, and
no member of its governing body, and no other public official of
the governing body of the State or locality or localities in which
the contract is being carried out who exercises any functions or
responsibilities in the review or approval of the undertaking or
carrying out of this contract shall:
1. participate in any decision relating to this contract which af-
fects his personal interest or the interest of any corporation,
partnership, or association in which he has a direct or indirect
personal interest;
2. have any interest, direct or indirect, in this contract or the
proceeds thereof. Nothing in this Subsection C (2) shall pro-
hibit public officials.of units of local government from serving
on Contractor's governing body, or on the Advisory Council es-
tablished pursuant to Section 39, notwithstanding the fact that
such unit of local government is receiving or may receive funds
for the provision of services under the termsof this contract.
SECTION 20. PURCHASE AND MAINTENANCE OF PROPERTY
A. Contractor shall not purchase, transfer, or -dispose of any real
property or non -expendable personal property under this contract
except in accordance with regulations promulgated by the U. S:
Department of Health, Education and Welfare for the Administra-
tion of Grants which are codified at 45 C.F.R. Part 74, Subpart 0.
B. Contractor shall maintain property records of all non -expendable
personal property acquired under this contract, which shall in-
clude a description of the property, identification.number, date
of acquisition, cost, location, and/or disposition of property.
Contractor shall, as part of the closeout package.which Contrac-
tor shall complete after termination of this contract, perform
a physical inventory of non -expendable personal property to verify
the existence, location, current utilization, and continued need
for the property, and shall forward such inventory to -the Area
Agency on Aging.
C. Contractor shall establish a property control system to ensure
adequate safeguards to prevent loss, damage,or theft of proper-
ty acquired under this grant. Any loss, damage, or theft of such
property shall be reported to the Area Agency on Aging as soon
as discovered by Contractor.
D. If supplies exceeding $1,000.00 in total aggregate market value
are left over upon termination or expiration of this contract and
are not needed for any program of Contractor currently funded by
the federal government, the amount due Contractor by the Area
Agency on Aging under this contract shall be credited by an amount
which equals the Area Agency on Aging's share of the supplies,
as reflected in Attachment C, Budget, multiplied by the current
market value of the supplies, or, if the supplies are sold, the
proceeds from sale of the supplies. Where Contractor has pur-
chased such supplies, the total aggregate marketvalue shall be
the cost incurred by Contractor in purchasing the supplies. Where
Contractor has received the supplies as an in-kind contribution,
the total aggregate market value shall be the fair market value
of the supplies at the time of donation as documented under Sec-
tion 5(D)(4) of this contract.
SECTION 21. CHANGES AND AMENDMENTS
A. Except as provided otherwise herein any alterations, additions,
P
or deletions to the terms of this contract shall be by amendment
hereto in writing and executed by both parties hereto except when
the terms of this contract expressly provide that another method
shall be used.
B. It is understood and agreed by the parties that changes in federal
laws or regulations pursuant thereto will have the effect of quali-
fying the terms of this contract which are required by changes in
federal laws or federal regulations promulgated pursuant thereto
are automatically incorporated into this contract without written
amendment. hereto and shall go into effect on the date designated
by the law or regulation unless the Contractor promptly notifies
the Area Agency on Aging in writing of its rejection_ of the pro-
posed amendment. If Contractor rejects the proposed amendment,
this contract will be terminated without any further action by
either party.
C. The Contractor may make transfers between or among line items or
between or among program categories of the budget, Attachment C,
provided that:
1. The total dollar amount of all changes of any single line item
within a program category since the beginning date of the con-
tract or the date of the latest amendment to Attachment C, Budget,
made in accordance. with subsection (A) of this Section, whichever
is later, is equal to or less than ten per centum (102) of the
amount in that line item as specified in Attachment C, Budget,
including all written amendments thereto made in accordance with
subsection (A) of this Section, whichever is later; and
2. The total dollar amount of all changes of any single program cate-
gory since the beginning date of the contract or the date of the
latest amendment to Attachment C, Budget, made in accordance with
subsection (A) of this Section, whichever is later, is equal to
less than five per centum (52) of the amount in that program cate-
gory as specified in Attachment C, Budget, including all written
amendments thereto made in accordance with subsection (A) of this
Section, whichever is later; and
3. The transfer will not increase or decrease the total monetary ob-
ligation of the Area Agency on Aging as specified in subsection
(D) of Section 4 of this contract; and
4. The transfer will not significantly change the nature or scope
of the program funded under this contract; and
5. The Contractor submits a budget revision form which reflects all
changes made under this subsection (C) of this Section to the
Area Agency on Aging within five (5) working days after making
such changes.
SECTION 22. EQUAL OPPORTUNITY
A. Contractor assures that no person shall, on the ground of race,
age, religion, color, handicap, national origin, sex, political
affiliation, or belief, be excluded from, be denied the benefits
of, or be subjected to discrimination under any program or acti-
vity funded in whole or in part under this agreement or otherwise
under Contractor's control. Contractor shall comply with Title
VI of the Civil Rights Act of 1964, as amended, (42 U.S.C. Sec-
tion 2000 (d)) and with the provisions of 45 C.F.R. Part 80.
B. Contractor shall not discriminate against any employee or appli-
cant for employment because of race, religion, color, sex, age,
or national origin. Contractor will take affirmative action to
ensure that applicants are employed and that employees are treat-
ed during employment without regard to their race, religion,
color, sex, age, or national origin. Such action shall include,
but not be limited to, the following: employment, upgrading,
demotion or transfer, recruitment or recruitment advertising, lay-
off or termination, rates of pay or other forma of compensation,
and selection for training, including apprenticeship. Contractor
agrees to poet, in conspicuous places available to employees and
applicants for employment, notices setting forth the requirements
of these nondiscrimination provisions.
C. Contractor shall state in all solicitations or advertisements for
employees placed by or on behalf of Contractor that all qualified
applicants will receive consideration for employment without re-
gard to race, religion, color, sex, age, or national origin.
D. Contractor shall send to each labor union or respresentative of
workers with which it has a collective bargaining agreement or
other grant or understanding a notice, advising the labor union
or workers' representative of Contractor's commitments to equal
employment opportunity and affirmative actionand shall post
copies of the notice in conspicuous places to employees and ap-
plicants for employment.
E. Contractor shall comply with all applicable equal opportunity
laws, rules, regulations, and orders, and other employment laws,
rules, regulations, and orders promulgated on federal, state, and
local levels.
F. Contractor shall furnish all information and reports and shall
permit access to its books,records, and accounts for purposes
of investigation to ascertain compliance with equal opportunity
and affirmative action.
G. In the event of Contractor's non-compliance with the equal oppor-
tunity conditions of this contract, this contract may be cancell-
ed, terminated, or suspended in whole or in part; Contractor may
be declared ineligible for further contracts and such other sanc-
tions may be imposed and remedies invoked as otherwise provided
by law.
H. Contractor shall include all clauses A through H of Section 22 in
every subcontract or purchase order exceeding TEN THOUSAND AND
no/100 DOLLARS ($10,000.00) so that such provision.will be bind-
ing upon each subcontractor or vendor.
I. Contractor shall comply with the Equal Pay Act of 1963 (29 U.S.C.
Sections 201-219), as amended, and covenants that it shall not
practice wage differentiation in employment based on sex.
J. Contractor shall comply with the Age Discrimination in Employment
Act, as amended, 29 U.S.C. 621-634, and covenants that it shall
not discriminate in employment against any person because of
his/her age or specify, in solicitations or -advertisements, a max-
imum age limit except or unless it is based upon a bona fide oc-
cupational qualification,.retirement plan, or statutory require-
ment.
R. Contractor agrees that facilities, programs, and services sup-
ported in whole or in part with federal funds will be so located
as to be readily accessible, available, and responsive to the
needs of the population to be served without discrimination be-
cause of sex, race, color, age, religion, national origin, creed,
or duration of residence and that their -services be publicized
so as to be generally known to the population to be served.
SECTION 23. DISABLED..VETERANS
A. Contractor shall not discriminate against any employee or appli-
cant for employment because he or she is a disabled veteran of
the Vietnam era in regard to any position for which the employee
or applicant for employment is qualified. Contractor agrees to
take affirmative action to employ, advance in employment, and
otherwise treat qualified disabled veterans and veterans of the
Vietnam era withou discrimination based upon their disability
or veteran's status in all employment practices.
B. Contractor agrees that all employment openings of Contractor
which exist atthe time of the execution of this contract and
those which occur during the performance of this contract, in-
cluding those not. generated.. by this contract and including those
occuring at an establishment of the Contractor other than the one
wherein the contract is being performed but excluding those of
independently operated corporate affiliates, shall be listed at
an appropriate local office of the State employment service sys-
tem wherein the opening occurs. Contractor further agrees to
provide such reports to such local office regarding employment
openings and hires as may be required. Such reports shall com•
-
ply with all relevant provisions of 41 C.F.R. Part Section 60-250.
State and local government agencies holding federal contracts of
TEN THOUSAND AND NO/100 DOLLARS ($10,000.00) or more shall also
list all their suitable openings with the appropriate office of
the state employment service, but are not required to provide
these reports. as set forth in paragraph.D and E of this Section.
C. Contractor agrees to comply with the rules, regulations, and re-
levant orders of the Secretary of Labor issued: pursuant to the
Act.
D. In the event of Contractors noncompliance with the requirements
of this clause, actions for noncompliance amy be taken in ac-
cordance with the rules, regulations, and relevant orders of the
Secretary of Labor pursuant to the Act.
E. Contractor will include the substance of this provision in every
subcontract or purchase order of TEN THOUSAND AND NO/100 DOLLARS
($10,000.00) or more unless exempted by rules, regulations, or
orders of the Secretary of the United States Department of Labor
issued pursuant to the Act, so that such provisions will be bind-
ing upon each subcontractor or vendor. Contractor will take such
action with respect to any subcontract or purchase order as the
Director of the Office of Federal grant Compliance Programs may
director -to enforce such provisions, including action for noncom-
pliance.
SECTION 24. AFFIRMATIVE ACTION FOR HANDICAPPED
A. Contractor shall not discriminate against any employee or appli-
cant for employment because of physical or mental handicap in
regard to any position for which the employee or applicant for
employment is qualified. Contractor agrees to take affirmative
action to employ, advance in employment and otherwise treat quali-
fied handicapped individuals without discrimination based upon
their physical or mental handicap in all employment practices
such as the following: employment, upgrading, demotion or trans-
fer, recruitment, advertising, layoff or termination, rates of
pay or other forms of compensation, and selection for training,
including apprenticeship.
B. Contractor shall operate all programs and activities funded un-
der this contract so that no qualified handicapped person shall,
on the basis of handicap, be excluded from participation in, be
denied the benefits of, or otherwise be subjected to discrimina-
tion under any such program or activity. Contractor shall com-
ply with Section 504 of the Rehabilitation Act of 1973, P.L.
93-112, as amended, so that programs or activities are readily
accessible to and usable by handicapped persons.
C. Contractor agrees to comply with the rules, regulations, and
relevant orders issued pursuant to the Rehabilitation Act of
1973, Pub. L. 93-112, as'amended by the Rehabilitation Act Amend-
ments of 1974, Pub. L. 93-516, which are codified at 45 C.F.R.
D. In the event of Contractor's noncompliance with the requirements
of this contract, :the Area Agency on Aging may cancel, terminate,
or suspend this contract in whole or in part; Contractor may be
derinred ineligible for further contracts and such other sanctions
may be imposed and remedies may be involved as otherwise provided
by law.
E. Contractor will include the provisions of this Section in every
subcontract or purchase order of TWO THOUSAND FIVE. HUNDRED AND
NO/100 DOLLARS ($2,500.00) or more unless exempted by rules, re-
gulations, or orders of the Secretary of Labor issued pursuant
to Section 503 of the Rehabilitation Act of 1973, so that such
provisions shall be binding upon each subcontractor or vendor.
Contractorshalltake such action with respect to any subcontract
or purchase order as the Area Agency on Aging may director to en-
force such provisions, including action for noncompliance.
SECTION 25. ASSIGNMENTS
Contractor shall not transfer, pledge,. or otherwise assign this con-
tract or any. interest therein, or any claim arising thereunder, to any
party or parties, bank, trust company, or other financing institutions.
SECTION 26. COMPLIANCE WITH LOCAL, STATE, - AND FEDERAL LAWS
Contractor shall comply with requirements of the Act and with the
rules and regulations promulgated thereunder; and, with -all state and
local laws and regulations pertaining to the activities -and performances
of Contractor under this contract.
SECTION 27. COPYRIGHT
Where activities supported by this contract produce original books,
manuals, films, computer programs -(including executable computer programs
and supporting data in any form),, or other copyrightable.material, Con-
tractor may copyright such, but the. Governor's Committee on Aging through
the Area Agency on Aging reserves a royalty -free, non-exclusive, and ir-
revocable. license to produce, publish, and use such materials, and to
authorize others to do so. Disposition of. royalties will be determined
by the Governor's Committee on'Aging. Provisions appropriate to effec-
tuate the purposes of this Section must be in all employment contracts,
consultant's agreements, and other contracts in which funds received un-
der this contract are involved.
SECTION 28. PATENTS
If any discovery or invention arises or is developed in the course
of or as a result of work performed under this contract, Contractor shall
refer the discovery or invention to the Area Agency on Aging/Governor's
Committee on Aging, which will determine whether or not patent protection
will be sought; how any rights therein, including patent rights, will be
disposed of and administered; and the need for other action required to
protect the public interest in work supported with federal funds, all in
accordance with the Presidential Memorandum of October 10, 1963, on
Government Patent Policy.
SECTION 29. NOTICE OF LITIGATION.AND CLAIMS
Contractor shall give the Area. Agency on Aging immediate notice in
writing of (1) any action including any proceeding before a federal or
State administrative agency, filed against. Contractor arising out of the
performance of: this contract including, but not limited to, the -perfor-
mance of any subcontract hereunder; and (2) any claim against Contractor
the cost and expense of which Contractor may be entitled to have reim-
bursed. by the, Area Agency on Aging. Except as otherwise directed by the
Area Agency on Aging, Contractor shall furnish immediately to the Area
Agency copies of all pertinent papers received by Contractor with res-
pect to such action or -claim to the extent permitted -by law.
SECTION 30. ORDER OF PRECEDENCE
In the event that there are conflicts among the provisions of this
contract, the conflicts shall be resolved by giving precedence to Sec-
tion 1 through _ appearing on the pages of this contract and all
amendments thereto, over the attachments -to this contract -and the amend-
ments.thereto; and to -Attachment A, Budget of this contract, over Attach-
ment.B, Area Plan, of this contract, and to Attachment C over Attachment
D.
SECTION 31. SUSPENSION
A. In the event that Contractor materially fails to comply with the
terms and provisions of this contract, the Area Agency on Aging
may, upon reasonable notice to Contractor suspend the contract
in whole or in part.
B. The notice of suspension will state the reasons for the suspen-
sion, any corrective action required of the Contractor and the
effective date of the suspension. Suspensions shall remain in
effect until Contractor has taken corrective action satisfactory
to the Area Agency on Aging or givenevidencesatisfactory to the
Area Agency on Aging that such corrective action will be taken,
or until the Area Agency on Aging terminates the contract.
C. New obligations incurred by Contractor during the suspension per-
iod will not be allowed unless the Area Agency on Aging expressly
authorizes them in the notice of suspension or an amendment to it.
Necessary and otherwise allowable costs which Contractor could
not reasonably avoid during the suspension period will be allowed
if they result from obligations properly incurred by Contractor
before the effective date of the suspension and not in anticipa-
tion or termination. At the discretion of the Area Agency on
Aging, third -party in-kind contributions applicable to the suspen-
sion period may be allowed in satisfaction of Contractor's Match
requirements.
SECTION 32. TERMINATION
A. The Area Agency on Aging may terminate this contract in whole or
in part at any time whenever it determines that Contractor has
materially failed to comply with the terms and provisions of this
contract. The Area Agency on Aging shall promptly notify Con-
tractor in writing of the determination and the reasons for the
termination, together with the effective date.
B. The Area Agency on Aging may terminate this contract with the con-
sent of Contractor. The parties shall agree upon the termination
conditions, including the effective date and in the case of par-
tial terminations, the portion to be terminated.
C. Contractor may terminate this contract by notifying the Area
Agency on Aging in writing of such termination at least thirty
(30) days prior to the effective date of termination. Such noti-
fication shall set forth the reasons for such termination, the
effective date, and in the case of partial termination, if the
Area Agency on Aging determines that the romaining portion of the
contract will not accomplish the purposes for which the contract
was made, the Area Agency on Aging may terminate the contract in
its entirety under either Subsection A or B of this Section.
D. Upon termination or receipt of notice to terminate, whichever
occurs first, Contractor shall cancel, withdraw, or otherwise ter-
minate as many outstanding orders or subcontracts which relate to
the performance of this contract or the part of the contract ter-
minated as possible, and shall cease to incur costs thereunder.
The Area Agency on Aging shall allow full credit to Contractor
for the Area Agency on Aging's share of non -cancellable obliga-
tions properly incurred by the Contractor prior to termination.
or receipt. of notice to terminate, whichever occurs first.
E. Notwithstanding any exercise by the Area Agency on Aging of its
right of suspension under Section 32 of this contract or early
termination pursuant.to this Section, Contractor shall not be
relieved of liability to the Area Agency on Aging for damages
sustained by the Area Agency on Aging by virtue of any breach of
the contract by Contractor and the AreaAgencyon Aging may with-
hold any reimbursement to Contractor until such time as the ex-
act amount. of damages due the Area Agency on Aging from Contrac-
tor is agreed upon or otherwise determined.
SECTION 33. AUDIT
A. Contractor agrees to permit the Area Agency on Aging and the
Governor's Committee on Aging, or an auditing entity acting in
behalf of the Area Agency on Aging and the Governor's Committee
on Aging, to conduct an audit or audits of Contractor's financial
records and to obtain other records, documents, materials, and
information deemed necessary by the Area Agency on Aging to
ascertain complete compliance with the provisions of this contract
and the liabilities accrued by the Area Agency on Aging hereun-
der.
B. Contractor agrees to prepare such information pertinent to any
audit conductedpursuant to Subsection A of this Section and to
take such action facilitating the conducting -of any such audit
as the Area Agency on Aging may reasonably require of Contractor.
C. Notwithstanding any other provisions -of -this contract, including,
but not limited to, any provision of this contract concerning
termination, the obligations of the Contractor pursuant to this
Section only shall continue in force and in effect until such
time as the Area Agency on Aging has completed any auditing under-
taken pursuant to this Section. The Area Agency on Aging and
Contractor agreethatthe Area Agency on Aging's consideration
for Contractor's obligations under this Section subsequent to
termination of this contract as provided herein without regard to
this Section, is included in the Area Agency on Aging's,consider-
ation as provided herein and nothing herein shall be construed
as creating liabilities on the part of the Area Agency on Aging
to Contractor subsequent to the termination of this contract as
provided herein withou regard to this Section..-
SECTION 34. SUBCONTRACTS
A. Except. as otherwise provided herein, Contractor may subcontract
for_ performances funded. under. this' contract only-with.the prior
-approval of, -the ArearAgency on -Aging. ;.For,any subcontract which
is in current effect:at-.the'timetof'execution:of this. contract,
and which includes performances which are to be funded under this
contract, Contractor shall provide to the Area Agency on Aging
such subcontract information. summary within 60 days of execu-
tion of this contract. The subcontractor information summary
form is a report required by the Area Agency on Aging in accor-
dance with Section 10, Reporting Requirements, of this contract,
and if Contractor fails to submit such report in the manner spe-
cified by the Area Agency on Aging, Contractor will be subject
to the sanctions contained in Section 4, Funding Obligations,
including Subsection B(3) of that Section.
B. Contractor, in subcontracting any of the performances hereunder,
expressly understands that in entering into such subcontracts,
the Area Agency on Aging is in no way liable to subcontractors.
In no event shall any provision of this Section, specifically
including the requirement that Contractor submit to the Area
Agency on Aging subcontractor information summaries, be construed
as relieving Contractor of the responsibility for insuring that
the performances rendered under all subcontracts are rendered, so
as to comply with all the terms and provisions of this contract
as if the performances rendered were rendered by Contractor here-
under.
C. The Area Agency on Aging authorization of Contractor to subcon-
tract under this Section does not constitute adoption, ratifi-
cation, or acceptance of Contractor's or subcontractor's per-
formance under this contract. The Area Agency on Aging maintains
the right to insist upon Contractor's full compliance with the
terms of this contract, and by the act of authorizating subcon-
tracting under this Section, the Area Agency on Aging does not
waive any right to action which may exist or which may subsequent-
ly accrue to the Area Agency on Aging under this contract.
SECTION 35. CLEAN AIR AND WATER ACTS
Contractor shall comply and shall assure compliance by its subcon-
tractors with all applicable standards, orders, or regulations promulgat-
ed pursuant to the Clean Air Act, as amended (42 U.S.C. Section 1857, et
seq.), and the Federal Water Pollution Control Act, as amended (33 D.S.C.
Section 1251, et seq.). Contractor shall report violations to the appro-
priate regional office of the Environmental Protection Agency and shall
submit a copy of the report to the Area Agency on Aging.
SECTION 36. CONTRACT WORK HOURS AND SAFETYSTANDARDSACT
Contractor shall comply and shall assure compliance by its subcontrac-
tors with the Contract Work Hours and Safety Standards Act, 40 U.S.C.
Sections 327-333, and regulations promulgated thereunder as such provi-
sions apply to Contractor's performance pursuant to this contract.
SECTION 37. HEARINGS
A. Any disputes between Contractor and the Area Agency on Aging con-
cerning the terms or provisions of this contract which are not
disposed of by agreement shall be decided by the Area Agency on
Aging in accordance with relevant regulations, if any, promulgated
under the Act. The Area Agency on Aging shall send a written copy
of its decision to the Contractor. The decision of the Area Agency
on Aging shall be final and conclusive unless determined by a court
of competent Jurisdiction to have been fruadulent, capricious, ar-
-Crary, so grossly erroneous as necessarily to imply bad faith or
not support by substantial evidence. Pending final determination
of the disputes, the Contractorshallproceed diligently with per-
formance of the contract and in accordance with the Area Agency
on Aging's decision.
B. Pursuant to the provisions of the Act, the Area Agency on Aging
must afford an opportunity for a hearing upon request to any en-
tity providing a service under this contract or to any applicant
to provide a service under this contract. Contractor shall, when
requested by the Area Agency on Aging, perform activities neces-
sary to proper resolution of such hearing requests, including,
but not limited to, the holding of informal conferences, the
forwarding of pertinent documents or records, the preparation
of reports, or the attendance of Contractor's personnel at hear-
ings held by the Area Agency on Aging.
Contractor agrees to comply with decisions made by the Area Agen-
cy as a result of a hearing under this Subsection B.
C. The parties hereto agree and covenant that for any dispute be-
tween the Area Agency on Aging and Contractor arising from the
terms or performance of this contract, venue shall be laid in
County, notwithstanding any provisions of
Article 1995, Texas Rev. Civ. Stat. Ann.
SECTION 38. ADVISORY COUNCIL
A. Contractor shall establish an advisory council which shall meet
once each month, but no less often than bimonthly. Such advisory
council shall advise Contractor on a continuing basis on all mat-
ters relating to the development, the administration, and opera-
tions of the program.
B. The advisory council shall consist of participants or those eli-
gible to participate in services providedunder this contract,
representatives of older individuals, local elected officials,
and members of the general public. At least one-half of the mem-
bership of the council shallbe persons who are actual consumers
of services under its contract.
SECTION 39. PERSONNEL '
A. Contractor shall hire a full-time program director who will have
responsibility for development and implementation of the program.
Suchipersoa will be qualified by education and, experience to ful-
fill hisrduties ander'-this contract. Contractor shall employ
other qualified staff members adequate to assure the effective
conduct of responsibilities under this contract. Contractor shall
adhere to a staffing plan approved by the Area Agency on Aging
and will obtain prior approval by the Area Agency on Aging if
modifications of the plan are required.
B. Contractor shall establish and maintain a personnel administration
system which complies with the provisions of 5 C.F.R. Part 900,
Subpart F, Standards for a Merit System of Personnel Administra-
tion, to the extent applicable. Documentation of the use of such
.system shall be maintained. by Contractor and shall be made avail-
able to the Area Agency on Aging on request.
C. Subject to the requirements of Subsection A of this Section 40,
Contractor shall give preference in hiring for full or part-time
positions to persons aged sixty (60) years or older.
SECTION 40. TRAINING
A. Contractor shall make provision for the training of personnel
necessary for implementation of this contract and for the attend-
ance of individuals having specific responsibilities under this
contract at training programs developed or sponsored by either
the Area Agency on Aging, the Governor's Committee on Aging, or
the United States Administration on Aging attendance at which
is recommended by the Area Agency on Aging.
B. Contractor shall report to the Area Agency on Aging monthly on
the forms provided the training of their personnel.
SECTION 41. PUBLIC.INFORNATION
A. Contractor shall establish a public information program which will
assure that information about the program and activities carried
out under this contract is effectively distributed throughout
Contractor's area.
B. Contractor shall make available at reasonable times at its off-
ices its Plan of Operation, periodic reports, and all policies
governing administration of programs under this contract, for re-
view upon request by interested persons, including representa-
tives of the media.
SECTION 42.
PLANNING AND COORDINATION
A. Contractor shall develop and submit to the Area Agency on Aging
a Plan of Operation. The Plan of Operation and adjustments there-
to shall be prepared in the format_ provided to Contractor by the
Area Agency on Aging.
B. Such Plan of Operation shall set forth in detail specific pro-
gram objectives and activities which will be carried out or fund-
ed by Contractor during the time period covered by this contract
designed to meet the needs of older individuals in Contractor's
area. The plan shall meet all requirements of the Act, regula-
tions promulgated thereunder, and guidelines and instructions
issued by the Area Agency,on Aging. . In developing such a Plan
of Operation, Contractor shall solicit the input of existing
planning agencies and service providers concerning other programs
in Contractor's area meeting the needs of older persons.
C. Contractor shall, to the maximum extent feasible, develop and
update as necessary an inventory of all resources available with-
in Contractor's area to meet the needs of older persons, and shall
evaluate the effectiveness of the services provided by public and
private agencies in the area in meeting such needs. Contractor
shall collect and disseminate information concerning the needs of
older persons. -
D. Contractor shall establish, to the maximum extent feasible, a
Plan of Operation designed to:
1. Coordinate the delivery of existing services for the elderly; and
2. pool untapped resources of public and private agencies in order
to strengthen or inaugurate new servcies for older persons.
SECTION 43. COOPERATIVE AGREEMENTS - EDUCATION AND CHILD CARE
ORGANIZATIONS
A. Contractor shall to the extent possible enter into arrangements
with organizations providing day care services for children so
as to provide opportunities for older individuals to aid or assist
on a voluntary basis in the delivery of such services to children.
B. Contractor shall to the extent possible enter into arrangements
with local educational agencies, institutions of higher educa-
tion, and nonprofit private organizations to use services provid-
ed for older individuals under the community schools program un-
der the Elementary and Secondary Education Act of 1965.
SECTION 44. ADVOCACY
A. Contractor shall perform activities as may be required by the
Area Agency on Aging to support and implement programs in Con-
tractor`s service area under the statewide long-term care ombuds-
man program. Notwithstanding any other provision of this Sub-
section B, Contractor may be required to perform activities pur-
suant to this Subsection B only to the extent that funds are made
available and provided in.the Budget, Attachment A and C, of this
contract for such activities.
SECTION 45. ESTABLISHMENT OF FUNDING PRIORITY
Contractor shall develop and publish methods it shall use to deter-
mine and set priorities for the funding and delivery of services under
this contract, including the methods by which the requirements for funding
priority social services set forth in Section 53 of this contract, shall
be met. Such methods shall be included in Contractor's Plan of Operation,
developed pursuant to Section 43 of this contract.
SECTION 46. COORDINATION WITH OTHER PROGRAMS
A. In carrying out its responsibilities under this grant, Contrac-
tor shall, to the extent possible, coordinate programs funds
under this contract with those relating to older persons which
are funded or operated under the following legislative authori-
tions:
1. the Compensation Employment and Training Act of 1973:
2. Title II - of the Domestic Volunteer Service Act of 1973;
3. Titles XVIII, %1X, and S% of the Social Security Act:
4. Section 231 and 232 of the National Housing Act;
5. the United States Housing Act of 1973;
6. Section 202 of the Housing Act of 1959;
7. Title I of the Housing and Community Development Act of 1974;
8. Section 2222(a)(8) of the Economic.Opportunity Act of 1964;
9. the community schools program under the Elementary and Second-
ary Education Act of 1965;
10. Sections 3, 5, 9, and 16 of the Urban Mass Transportation Act of
1964; and
11. Title XV of the Public Health Services Act.
B. Contractor shall establish effective procedures for assuring the
coordination required by Subsection A of this Section 47.
SECTION 47. OUTSIDE FUNDING AND THIRD PARTY PAYMENTS
A. Contractor shall use funds available under this contract primar-
ily as incentives for attracting public and private resources
for services for older persons and shall only be used to provide
social services when Contractor can clearly show that:
1. such services are needed and are not already available; and
2. no other public or private agency can or will provide the services.
B. Contractor shall seek reimbursement for the'costs of providing
services to older persons under this contract from third parties,
including governmental agencies who are authorized or under legal
obligation to pay such costs.
SECTION 48. SOCIAL SERVICES
A. Contractor may utilize funds hereunder, to the extent provided
in Attachment A and C, Budget, and in accordance with the pro-
visions -of Attachment B and D, Plan, concerning social services,
for the provision of social services to eligible older persons.
B. When used in this contract, social services include:
1. health, continuing education, welfare, informational, recrea-
tional, homemaker, counseling, or referral services;
2. transportation services to facilitate access to social services
or nutrition services, or both;
3. services designed to encourage and assist older individuals to
use the facilities and services available to them;
4. services designed to assist older individuals to obtain adequate
housing, including residential repair and renovation projects de-
signed to enable older individuals to maintain their homes in
conformity with minimum housing standards or to adapt homes to
meet the needs of older individuals suffering from physical dis-
abilities;
5. services designed to assist older individuals in avoiding insti-
tutionalization, including preinstitution evaluation and screen-
ing and home health services, homemaker services, shopping ser-
vices, escort services, reader services, letter writing services,
and other similar services designed to assist such individuals
to continue living independently in a home environment;
6. services designed to provide legal services and other counseling
services and assistance, including tax counseling and assistance
and financial counseling, to older individuals;
7. services designed to enable older individuals to attain and main-
tain physical and mental well-being through programs of regular
physical activity and exercise;
S. services designed to provide health screening to detect or pre-
vent illness, or both, that occur moat frequently in older in-
dividuals;
9. services designed -to -provide preretirement and second -career
_Counseling for older individuals
10. services of an ombudsman at the State level to receive, investi-
gate, and act on complaints by older individuals who are residents
of long-term care facilities and to advocate the well-being of
such individuals;
11. services which are designed to meet the unique needs of older
individuals who are disabled; or
12. any other services;
if such services comply with regulations promulgated under the Act
and are necessary for the general welfare of older individuals.
C. No individual social service activity under Contractor's con-
tracts with the Area Agency on Aging shall be funded for longer
than three (3) years unless the United States Commissioner on
Aging approves funding beyond such period. The Commissioner shall
approve such funding only_when.it can:be-shpwn--that.substantial
'efforts,'have-beenmadee by -.Contractor to attract-Tesources for
such social services from public and private agencies and that
such support will not be available from such sources in the fore-
seeable future.
SECTION 49. COMPREHENSIVE AND COORDINATED SERVICE DELivti SYSTEM
A. Contractor shall assure that services provided under this grant
are provided as part of a comprehensive and coordinated system.
B. The term "comprehensive and coordinated system: means a system
for providing all necessary social services, including nutrition
services, in a manner designed to:
1. facilitate accessibility to, and utilization of, all social ser-
vices and nutrition services provided within the Contractor ser-
vice area by any public or private agency or organization;
2. develop and make the most efficient use of social services and
nutrition services in meeting the needs of older individuals; and
3. use available resources efficiently and with a minimum of dupli-
cation.
SECTION 50. COMMUNITY FOCAL POINTS
A. Contractor,.with.the advice and consent of the Area Agency on
Aging, shall designate, where feasible, a focal point for com-
prehensive service delivery in each community to encourage maxi-
mum collocation and coordination of services for older indivi-
duals.
B. In designating community focal points, Contractor should consi-
der factors such as:
1. incidence of older persons with greatest economic need;
2. delivery pattern of services funded from sources other than this
contract;
3. delivery pattern of services funded through Contractor; and
4. geographic boundaries of communities and natural neighborhoods.
C. Contractor shall give special consideration to designating exist-
ing multipurpose senior centers as community focal pointe.
SECTION 51. PARTICIPATION IN POLICY-MAKING
Contractor assures that it will provide adequate opportunities for
older persons, including recipients of social services or nutrition ser-
vices or individuals using multipurpose senior centers funded under this
contract to express their views in connection with matters of general
policy arising in the development and administration of the Plan of Oper-
ation and the performance of this contract, andto take such views into
account.
SECTION 52. PREFERENCE TO THOSE WITH ECONOMIC OR SOCIAL NEEDS
A. Contractor shall, in funding services for older persons under this
contract, give preference to providing services to older persons
with the greatest economic or social needs. Contractor shall,pro-
vide to the Area Agency on Aging a written statement of methods
which will be utilized by Contractor for carrying out such pre-
ferences.
B. For purposes of this contract, greatest social need means factors
such as isolation, physical or mental limitations, racial or cul-
tural obstacles, orothernon-economic factors which restrict in-
dividual ability to carry out normal activities of daily living
and which threaten an individual's capacity to live an indepen-
dent life.
C. For purposes of this contract, greatest economic need means an
income level that falls at or below the poverty threshold estab-
lished by the Bureau of the Census.
D. In meeting the requirements of this Section, Contractor may uti-
lize methods such as location of services and specialization in
the types of services provided. Contractor shall not utilize and
shall assure that no entity providing services funded under this
contract shall utilize a means test. A means test is the use of
an older person's income or resources to deny or limit that per-
son's receipt of services under this contract.
E. Contractor shall assure that minority older persons and those with
the greatest economic need shall be served by programs funded un-
der this contract at least in proportion to'their relative numbers
in Contractor's area, to the extent feasible.
F. Contractor shall assure that older persons of Indian tribes with-
in Contractor's area will be provided a level of services here-
under equivalent to that received by non -Indian older persons
within Contractor's area.
SECTION 53. CONTRIBUTIONS BY RECIPIENTS
A. Contractor shall assure that all entities providing nutrition or
social services under this contract shall provide those receiving
such services the opportunity to contribute to all or part of the
cost of the services provided. Contractor shall consult with its
advisory council regarding proposed contributions.
B. Contractor shall develop procedures that assure that:
1. each older recipient will be informed that he or she may deter-
mine for him/herself without pressure whether or not to contri-
bute and how much;
2. that the privacy of each person with respect to contributions will
be protected; and
3. all contributions are safeguarded and adequately accounted for.
C. Contractor shall assure that. all contributions for nutrition ser-
vices shall beused to increase the number of meals served.
D. No person shall be denied services because of his or her failure
to contribute for service.
SECTION 54. LICENSURE REQUIREMENTS
Contractor.shall assure that where State or local law requires licen-
sure for the provision of services to be provided under this contract,
that those entities providing such services shall meet all licensure re-
quirements.
SECTION 55. TRANSPORTATION
A. Whenever funds provided. under this contract are used to establish
needed social or nutrition services to older persons, Contractor
shall develop plans for transportation to ensure that older per-
sons have access to such services.
B. Contractor shall not utilize funds under this contract to pro-
vide a direct subsidy for a overall transit system or a general
reduced- fare.program for a public or private.transit system.
C. Contractor may enter into agreements with agencies which admin-
ister programs under the Rehabilitation Act of 1973 and Titles
SIX and XX of the Social Security Act for the purpose of meeting
the common need for transportation services of participants un-
der the separate programs. Pursuant to such agreement, the Con-
tractor may utilize funds hereunder, to the extent provided in
Attachment A or C, Budget, or Attachment -B or II, Plan, to pur-
chase transportation services for older individuals and may pool
such funds with funds available for transportation services un-
der the above -listed Acts.
SECTION 56. LEGAL SERVICES
Contractor agrees to comply with the provisions of this Section when-
ever part of Contractor's performance includes use of funds under this
contract for the provision of legal services to eligible participants.
A. For purposes of this contract, legal services means legal advice
and representation to eligible participants with economic or
social needs provided by a lawyer, or, to the extent permitted
by law, by a non -lawyer. Legal services may also include, to
the extent permitted by law, counseling, or other appropriate
assistance by a paralegal or law student under the supervision
of a lawyer.
B. Contractor shall provide for the delivery of legal services by
entering into contracts with providers of legal services which
can demonstrate the experience or capacity to deliver legal
services. Such:Contractor must be either:
1. a recipient of funds under the Legal Services Corporation Act
(42 U.S.C. Sections 2996 - 29961); or
2. an entity which is administering a program designed to pro-
vide legal services to all older individuals with social or
economic need and which has agreed' to coordinate its services.
with existing legal services` corporation projects in the area
in order to concentrate the use of funds under this contract
on individuals with the greatest -such need, but who are not el-
igible for legal assistance under the Legal Services Corporation
Act.
Contractor shall select such legal services provider on the basis of
its finding after assessment and pursuant to any standards for ser-
vices which have been promulgated by the U.S. Commissioner on Aging
that the entity selected is the best able to provide the particular
service.
C. Contractor shall include in anysubcontractfor legal services
provisions to assure that any recipient of funds under this
Section 57 will be subject to specific restrictions and regula-
tions promulgated under the Legal Services Corporation Act (other
than restrictions and regulations governing eligibility for legal
assistance under such Act and governing membership of local govern-
ing boards) as determined- appropriate by the Area Agency on Aging;
and will attempt,to involve the private bar in legal services
activities authorized under this contract including groups with-
in the private bar furnishing services to older individuals on
a pro bono and reduced fee basis.
D. Contractor assures that, to the extent practicable, legal services
furnished under this contract will be in addition to any legal
services for older individuals being furnished with funds from
sources other than this contract and that reasonable efforts will
be made to maintain existing levels of legal services for older
individuals.
E. Contractor shall include in any subcontract for legal services
provisions to ensure that while employed under this part, no
employee and no staff attorney of the provider shall, at any
time:
1. use official authority or influence for the purpose of inter-
fering with or affecting the results of an election or nomina-
tion of office,whether partisan or nonpartisan; or
2. directly or indirectly coerce, attempt to coerce, command or ad-
vise an employee of any provider to pay, lend, or contribute
anything of value to a political party, or committee, organiza-
tion, agency, or person for political purposes.
SECTION 57. INFORMATION AND REFERRAL
A. Contractor shall establish and maintain information and referral
services in sufficient numbers to assure that all older indivi-
duals within Contractor's service area will have reasonably con-
venient access to such services. In areas in which a significant
number of older persons speak a language other than English as
their principal language, reasonably convenient access includes
the provision of information and referral services in the lan-
guage spoken by the older person to the extent possible.
B. Such information and referral services shall be established and
maintained in close coordination with the information and refer-
ral services which are available through the district offices
of the Social Security Administration of the United States De-
partment of Health, Education and Welfare.
C. Information and referral service means a location where:
1. current information with respect to the opportunities and ser-
vices aeailable.to older individuals, and current lists of older
individuals in need of services and opportunities are developed
and maintained; and
2. a specially trained staff to inform older individuals of the op-
portunities and services which are available, and to assist such
individuals to take advantage of such opportunities and services
is employed.
SECTION 58. OUTREACH
Contractor shall undertake outreach activities that will identify
older individuals eligible to receive services under this contract, with
special emphasis on the rural elderly and those with the greatest social
or economic needs, and will'inform such individuals of the availability
of services funded under this contract. Contractor shall provide that
each entity providing services funded under this contract shall under-
take outreach activities to achieve participation of eligible older per -
Sons.
SECTION 59. MONITORING AND EVALUATION BY THE AREA AGENCY ON AGING
A. The Area Agency on Aging shall monitor, on a regular basis, the
performance of all contractors under this contract, to ensure
that funds hereunder are expended in keeping with the purposes
for which they were awarded and are expended in accordance with
the Act and regulations promulgated thereunder and with the terms
of this contract.
B. The Area Agency on Aging shall conduct periodic evaluations of
the effectiveness of the activities funded hereunder and shall
furnish appropriate technicalassistanceto entities providing
services funded hereunder. Such evaluation shall include con-
sideration of the views of older persons participating in such
activities.
SECTION 60. NUTRITION.SERVICES
A. The Contractor shall assure compliance with the provisions of
this Section in the provision of any nutrition services that may
constitute part of the Contractor's performance under this -con-
tract.
B. When used in this contract, nutrition services mans the provi-
sion of meals, and, where provided in this contract, other sup-
portive nutrition, education, health and welfare counseling, and
referral services, directly related to the provision of meals to
persons 60 years of age or older, and such persons' spouses of
any age.
C. For the provision of such nutrition services, Contractor shall
utilize an entity or entities which were operating nutrition
projects receiving funds under the former Title VII of the Act on
September 30, 1978, if such entity meets the requirements of this
Section -and has carried out its nutrition service activities with
demonstrated effectiveness. The entity chosen. to provide nutri-
tion services under this contract shall be referred to hereinafter
as "nutrition services provider."
D. Contractor shall assure that each nutrition services provider un-
der this contract shall meet the following food service require-
ments:
1. Appropriate procedures shall be followed in purchasing and pre-
paring food and delivery meals.
2. Each meal served must contain at least 1/3 of the current Recom-
mended Dietary Allowances as established by the Food and Nutri-
tion Board of the National Academy of Sciences -National Research
Council.
3. Special menus to meet the particular health, religious, or ethnic
dietary needs of individual participants shall be provided where
feasible and appropriate.
4. USDA food made available through the Area Agency on Aging and the
Governor's Committee on Aging shall be accepted and used, and
each nutrition services providers shall assure appropriate and
cost effective arrangements for the transportation, storage, and
use of the food. If a nutrition services provider receives cash
instead of food through USDA, such cash shall be spent only for
the purchase of 'United States agricultural commodities and other -
food.
5. Assistance to participants in taking advantage of benefits avail-
able to them under the food stamp program shall be. provided. Ac-
tivities hereunder shall be coordinated with agencies responsible
for administration of the food stamp program.
E. Nutrition services providers shall provide meals in a congregate
setting, except as provided in Subsection H of this Section 60
Contractor shall assure that each nutrition service provider ser-
ves congregate meals -at locations which are located as close as
possible to the majority of eligible older persons, preferably
within walking distance, giving preference to community facili-
ties, such as multipurpose senior centers, schools, or churches.
F. Contractor shall assure that a nutrition project shall provide
hot or other appropriate meals in a congregate setting at least
once a day, five or more days a week.
G. In the event that a nutrition services provider determines that a
person eligible to receive congregate meals, whether because over
60 years of age or a spouse of a person over 60 years of age, is
homebound by reason of illness, incapacitating disability, or
is otherwise isolated, such. individual and the spouse of such.in-
dividual shall be eligible to receive home delivered meals. Such
nutrition services provider shall, when requested and if feasible,
provide home delivered meals to such individuals, as long as the
conditionkeeping the eligible individual(s) homebound continues.
1. Contractor shall assure that initial and subsequent periodic as-
sessments of the continued need for home delivered meals are con-
ducted.
2. Nutrition services providers shall give consideration in purchas-.
lag necessary home delivered meals to an organization, where one
exists, which has demonstrated an ability to provide home deliver-
ed meals efficiently and reasonably and which furnishes assuranc-
es to Contractor that it will maintain efforts to solicit volun-
tary support and shall not use funds provided under this contract
to supplant funds from non-federal sources.
3. In providing home delivered nutrition services, nutrition servi-
ces shall assure the provision of at least one meal a day, five
(5) or more days a week, to each program participant. Such meals
may be hot, cold, frozen, dried, canned., or supplemental foods
with a satisfactory storage life.
H. Contractor shall assure that outreach activities which assure
that the maximum number of eligible individuals have an oppor-
tunity to participate in nutrition projects will be undertaken.
I. Contractor shall permit nutrition services providers to charge
participating individuals for meals to the extent permitted by
and in accordance with guidelines established by the United States
Administration on Aging. Such charges shall be used to increase
the number of meals served by such nutrition service provider.
SECTION 61.. MULTIPURPOSE SENIOR CENTERS
A. The Contractor shall assure compliance with the provisions of
this Section in the undertaking of activities relating to multi-
purpose senior centers that may constitute part of the Contrac-
tor's performance under this contract. When used in this con-
tract, multipurpose -senior center means a community or neighbor-
hood facility for the organization and provision of a broad spec-
trum of services, including health, social, nutritional, and
educational services; and facilities for recreational and group
activities for older persons.
B. Contractor may utilize funds budgeted for multipurpose senior
centers to the extent provided in Attachment A and C, Budget, to
pay the costs of professional and technical personnel required
for the operation of multipurpose senior centers.
C. To the extent provided in Attachment A and C, Budget, and in ac-
cordance with detailed plans included in Attachment B and D. Plan,
or in written addendum to the Area plan approved by the Area
Agency on Aging and the Governor's Committee on Aging, Contractor
may utilize funds hereunder for the acquisition (in fee simple or
by lease for 10 years or more), alteration, and renovation of
existing facilities, including mobile facilities, for use as
multipurpose senior centers.
1. Alteration or renovation means making modifications to an exist-
ing facility which are necessary to its effective use as a senior
center. This includes restoration, repair, expansion which is
not more than twice the square footage of the original facility, .
and all related physical improvements.
2. Contractor shall not utilize funds hereunder for the acquisition
of a facility unless there are not suitable facilities available
for leasing as multipurpose senior centers.
3. Contractor shall ensure that it will forward to the Area Agency
on Aging at the earliest practicable time, final plans and speci-
fications for any proposed alteration or renovation. In accor-
dance with provisions of the Act, the Area Agency on Aging will
consult with the Governor's Committee on Aging and the Secretary
of Housing and Urban Development with respect to the technical
adequacy of any proposed alteration or renovation.
4. Contractor's detailed plana for acquisition, alteration, or re-
novation of existing facilities shall include;
a. location of facility intended to be acquired, altered, or
renovated;
b. in the case of a facility to be acquired, analysis of need
for a multipurpose senior center facility in the community
or neighborhood. in which facility in question is located;
c. in the case of a facility proposed to be acquired, detailed
analysis of information leading Contractor to determine that
there were no suitable facilities for lease;
d. in the case of a facility proposed to be altered or renovated,
an analysis of the current conditions, available space, and
use of the facility; the factors which necessitate the pro -
alteration or renovation and a description of the proposed
alterations or renovations;
e. total cost of the proposed acquisition, alteration, or re-
novation, and description of proposed funding arrangements.
5. A11 plans, for multipurpose senior center acquisition alteration,
or renovation, shall be approved by the Area Agency on Aging in
advance in writing prior to Contractor's incurring costs for
such activities under this contract.
D. Contractor shall not utilize funds under this contract for the
construction ofnew facilities for use as multipurpose senior cen-
ters hereunder unless the Area Agency on Aging and the Governor's
Committee on Aging's prior written approval is received. The
Area Agency on Aging and the Governor's Committee.on Aging shall
approve proposed -constructions of facilities -€or use as multipur-
pose.senior .centers°hereunder only if it determines, after full
consideration of the views of Contractor and other available in-
formation that there are no other suitable facilities available
either to lease or to acquire, within the community to be served.
E. Contractor shall assure that:
1. any existing facility which is acquired under this contract for
use as a multipurpose senior center shall beutilized for that
purpose for not less than ten (10) years from the date of acqui-
sition; and
2. any facility constructed under this contract for use as a multi-
purpose senior center shall be.utilized for that purpose for not
less than twenty (20) years after completion of construction.
F. Before utilizing or obligating funds for the construction or ac-
quisition. of a multipurpose senior center, Contractor shall as-
sure that:
1. sufficient funds will be available to meet the non-federal share
of the cost of facility construction or acquisition;
2. sufficient funds will be available when acquisition or construc-
tion is completed for effective use of the facility as a multi-
purpose senior center; and
3. the facility will not be used and is not intended to be used for
sectarian instruction or as a place for religious worship.
G. Contractor shall assure that the employment of any laborer or
mechanic in the performance of work on a facility funded here-
under shall be in accordance with the requirements of the Davis -
Bacon Act, and any regulations promulgated pursuant thereto.
H. Contractor shall assure that all applicable State and local health,
fire, safety, building, zoning, and sanitatima laws, ordinances
and codes, are complied within the performance of all senior ac-
tivities.
I. Contractor shall assure that plans and specifications for construc-
tion of any facility under this contract shall comply with regula-
tions relating to minimum standards of construction and particu-
larly with the requirements of the Architectural Barriers Act of
1968.
J. When structural changes will be undertaken in the course of alter-
ing or renovating a facility hereunder, Contractor shall assure
compliance with all applicable local or State ordinances, laws,.
or codes. In the absence of such codes, such structural changes
must conform to Chapter 23 of the Uniform Building Code, Article
7 of the Basic Building Code or Chapter 12 of the Standard Build-
ing Code. Structural change means any changes to the load bear-
ing members -of a building.
R. Contractor shall be assured:-that_the-applicahle.requiyeients:in the
following statutes and executive orders are satisfied:
1. Uniform Relocation Act (42 U.S.C. Section 4601, et. seq.);
2. Flood Disaster Protection Act of 1973 (Pub.L. 93-123, codi-
fied as part of 42 U.S.C., Chapter 50);
3. National Historic Preservation Act of 1966 (16 U.S.C. Section 470,
et seq.);
4. Executive Order on Flood Plans, E.O. 11988.
L. Contractor shall assure that all construction, alteration, or re-
novation under this Section shall comply with the provisions of
the National Fire Protection Association 101 Life Safety Code for
the applicable building occupancy classification, or with the
State and local codes, whichever is more stringent.
M. If, within ten (10) years after acquisition, or within twenty
(20) years after the completion of construction of any facility
for which funds have been paid under this contractor:
1. the owner of the facility ceases to be a public or nonprofit pri-
t vate agency or organization; or
2. the facility ceases to be used for the purposes for which it was
acquired (unless it is determined in accordance with regulations
promulgated under the Act that there is good cause for releasing
the owner from the obligation to do so);
the United States shall be entitled to recover- from. owner of the fa-
cility an amount which bears to the then value of the facility (or
so much thereof- as constituted. an approved project or projects) the
same ratio as the amount of such federal funds bore to the cost of
the facility financed with the aid of such funds. Such value shall
be determined by agreement of the parties or by action brought in the
United States District Court for the district in which such facili-
ty is situated.
N. If Contractor's area contains rural areas, Contractor shall at-
tempt to meet the special needs of 'the scattered populations of
older persons, especially low income and minority older persons,
in planning any multipurpose senior center.
0. Contractor shall involve its advisory council in any decision to
fund any proposed multipurpose senior center.
P. Contractor shall assure that any agency or organization which will
operate a facility assisted under this Section shall develop a
plan designed to obtain written commitments -from other public and
private nonprofit agencies to use the -facility to deliver services
to older persons -0r contribute resources to expand the program
of the multipurpose senior center.
Q•
Contractor shall assure that, if a facility to be acquired, alter-
ed, or renovated will be shared with other age groups, that funds
hereunder shall be used only for that portion of the facility that
will be used by older persons. Where the same floor space is to
be shared with different age groups, funds under this contract
shall be used proportionately for acquiring, altering, or renovat-
ing the facility only to the extent that such floor space will be
used by older persons.
SECTION 62. ORAL AND WRITTEN AGREEMENTS
A. All oral and written agreements between the parties hereto relat-
ing to the subject matter of this contract that were made prior
to the execution of this contract have been reduced to writing
and are contained herein. By the execution of this contract,
Contractor evidences its understanding and agrees that any prior
contract between Contractor and the Area Agency on Aging for pro-
grams or activities under Title III of the Act in the area iden-
tified in Section 3 of this contract agreement is terminated as
of the effective date of this contract. Both parties agree that
the Area Agency on Aging shall not be liable for any costs in-
curred by Contractor duing the period of this contract for per-
formances under Title III of the Act, except to the extent pro-
vided in this contract.
B. The below enumerated and denominated attachments are hereby
made a part of this contract:
1. Attachment A, Budget - pages;
2. Attachment B, Area Plan _ pages;
3. Attachment C, Budget, - pages;
4. Attachment D. Plan of Operation, - pages
C. Nothing in this Section shall be construed so as to prevent Con-
tractor from obtaining reimbursement from the Area Agency on Ag-
ing for Contractor's expenditures made to meet Contractor's lia-
bilities incurred pursuant to subgrants validly executed between
Contractor and a subgrantee and in effect prior to the beginning
date of this contract where such subgrants were entered into by
Contractor for performances -in fulfillment of, and in accordance
with, the terms of another agreement between Contractor and the
Area Agency on Aging for activities pursuant to Title III of the
Act. Such reimbursement from the Area Agency on Aging shall be
made:
1. in accordance with the termsof this contract, in the case of
such other agreement between Contractor and the Area Agency on
Aging funded by the Area Agency aa Aging wholly from Federal
Fiscal Year 1980; or
2. in accordance with the terms of such other agreement between
Contractorand the Area Agency on Aging, in the case of such
other agreement between Contractor and the Area Agency on Aging
funded by the Area Agency on Aging wholly or partially from funds
from Federal Fiscal Years prior to 1980.
D. The Area Agency on Aging shall, to the extent permissible under
federal regulations and/or written authorizations from the D.S.
Administration on Aging, make available to Contractor the Gover-
nor's Committee on Aging and for performances pursuant to the
terms of this contract amounts determined by the Area Agency on
Aging to have been obligated to Contractor by the Area Agency on
Aging for nutrition and social services under a Notification of
Grant Award which has terminated, but not to have been obligated
by Contractor for such services prior to the beginning date of
this contract.
SECTION 63.
Bothparties understand and agree that each individual signing this
contract do so as a representative of the Area Agency on Aging or Con-
tractor respectively, and, in the absence of gross negligence or inten-
tional wrongdoing by such individual, shall not be personally liable
und9r it; and both parties further agree, in the absence of such negli-
gence or wrongdoing, to seek recourse solely against the Area Agency on
Aging or Contractor, as the case may be, in case of breach.
•
Coastal Bend Council of Governments Contractor
Area Agency on Aging City of Corpus Christi
John Buckner, Executive Director R. Marvin Townsend. City Manager
Ivan J. Arceneaux. Director
Area Agency on Aging
APPROVED:
Harold F. Zick. Director of Finance
ATTEST:
City Attorney
Bill G. Read..City Secretary