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HomeMy WebLinkAboutC-1995 - Housing & Urban Development (HUD) revenue sharing, social program (OASIS)I 2 3 4 5 6 7 8 9 10 11 12 13 r 14 W y 4z; 15 °j0 W °U y�W 16 0 4 W O � t 00 17 u In 19 20 21 22 23 24 25 N 26 27 ® 28 HS: jh 0 • REVENUE SHARING AGREEMENT THIS REVENUE SHARING AGREEMENT, dated for identification this day of w` , 1977, by and between the County of Orange, a political subdivision of the State of California, hereinafter referred to as "COUNTY," and CITY OF NEWPORT BEACH /OASIS hereinafter referred to as "CONTRACTOR." WHEREAS, funds provided under this Agreement are received by COUNTY (pursuant to the State and Local Fiscal Assistance Act of 1972, as `amended by the State and Local Fiscal Assistance Amendment of 1976, Public Law 94 -488 (such funds are also referred to herein as Revenue (Sharing Funds); and WHEREAS, COUNTY, by Board Resolution No. 77 -1643 a copy of �1which is on file with the Clerk of the Board of Supervisors of Orange County and which by this reference is incorporated herein and made a part hereof as if fully set forth, has appropriated a portion of its Revenue Sharing funds in the amount of $ to provide certain services. to engage CONTRACTOR THEREFORE, in consideration of the mutual promises, covenants, and conditions hereinafter set forth, the parties agree as follows: 1. This Agreement is based upon the proposal and concept contained within CONTRACTOR's Revenue Sharing - Social Program Application, dated l May 20 , 1977 , a copy of which is on file with COUNTY's Administrative Office - Revenue Sharing, and which by this reference is incorporated herein and made a part hereof as if fully set forth. The parties hereto further agree that concerning matters not specifically contained within the body of this Agreement, CONTRAC`.i'01:'s Revenuer Shar.in. -i- i�l 1. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 J. H F 4�; 15 w °u 16 4 W LLFU 0 I 0 0 17 18 19 20 21 22 23 24 25 ° 26 N C O 27 LL r/ L S 9/29/7": 0 0 Social Program Application will be controlling. CONTRACTOR further agre, to comply with all provisions, to perform all work, and provide all services set forth in this Agreement in a professional, timely and dili- agent manner. 2. CONTRACTOR agrees that those specific program components to be performed by CONTRACTOR, and the activity levels to be utilized by COUNTY for program evaluation and monitoring, include, but are not limited to those listed in the PROGRAM COMPONENTS & ACTIVITIES INFORMATION SCHEDULE contained within CONTRACTOR's Revenue Sharing - Social Program Applica- tion, which by prior reference has been incorporated herein. 3. CONTRACTOR agrees that CONTRACTOR is responsible for and guarantees the performance of all of the specific program components listed in the PROGRAM COMPONENTS & ACTIVITIES INFORMATION SCHEDULE, which by prior reference has been incorporated herein. 4. CONTRACTOR agrees that it shall comply with and perform any and all terms and conditions contained in the TERMS & CONDITIONS SCHEDULE, a copy of which is attached hereto as Exhibit A and which by this refer- ence is incorporated herein and made a part hereof as if fully set forth. 5. The parties hereto agree that those program components, activit levels, terms and conditions detailed in the application and Exhibit A may be modified so long as the amount of the total grant is not increased and the basic goals and objectives of the program are not altered. Such !modification must receive the PRIOR WRITTEN APPROVAL of COUNTY's Adminis- trative Office - Revenue Sharing. / / I 0 0 Ir I I 1 6. CONTRACTOR agrees that the expenditures of any and all funds 2 under this Agreement must be in accordance with the BUDGET SCHEDULE, a 31 copy of which is attached hereto as Exhibit B and which by this refer -i 4 ence is incorporated herein and made a part hereof as if fully set forth. 5 CONTRACTOR further agrees that should it be subsequently determined that any of the above - mentioned funds were not expended in accordance with 7 the attached BUDGET SCHEDULE, then CONTRACTOR shall repay to COUNTY an 8 amount equivalent to that which was expended in violation of the agreed 91 upon BUDGET SCHEDULE. i 10 7. Upon approval of COUNTY'S Administrative Office - Revenue Shar- I 11� ing CONTRACTOR shall have the authority to transfer expenditures allo- 12 cated for one element of the overall program budget to any other element 13 of the overall program budget as long as the amount of the total grant 14 is not increased and the basic goals and objectives of the program are W, N' 0z; IS not altered. Approval by COUNTY for such transfer MUST BE OBTAINED IN ,0, 4,� 16 WRITING BEFORE CONTRACTOR EXPENDS ANY FUNDS under the requested transfer. zz X00 17 8. CONTRACTOR agrees and understands that ALL ITEMS of property 18 and equipment included in line item D, of the attached BUDGET SCHEDULE, 19 which are to be purchased under this Agreement with Revenue Sharing funds, 20 are to be considered CAPITAL EQUIPMENT and that prior written approval 21i by COUNTY's Administrative Office - Revenue Sharing must be obtained 22 before any expenditures will be allowed. CONTRACTOR further agrees that 23 in accordance with COLiNTY's Revenue Sharing Accounting Manual, CONTRACTOR 24 will tag all such items of CAPITAL EQUIPMENT purchased, and maintain an C 25I inventory list showing where and how these items are being utilized. N 26 I / N P _ 21 , ' © 28.i , 9/29/7 1 9. CONTRACTOR agrees that in the event that CONTRACTOR ceases to 2 provide the type of services provided for by this Agreement, CONTRACTOR 3 shall be required to return to COUNTY any and all items of CAPITAL EQUIP - 4I MENT included under line item D of the attached BUDGET SCHEDULE which 5. were purchased, or shall repay the equivalent value of these items, at th 61f time of such cessation. 7 10. CONTRACTOR agrees that title to any and all items of CAPITAL 8 EQUIPMENT included under line item D of the attached BUDGET SCHEDULE which are purchased will remain in COUNTY and that COUNTY is allowing 10 CONTRACTOR to utilize said items only so long as CONTRACTOR provides the 11 type of services provided for by this Agreement. I 12 11. Any and all travel expenses arising under this Agreement which 13 are outside of the Orange County general area (Orange, Los Angeles, 14� San Diego, Riverside and San Bernardino Counties) which are to be paid i „, oZ; 15 for out of COUNTY's Revenue Sharing.funds, must be approved in advance I 4V, 16 and in writing by COUNTY's Administrative Office - Revenue Sharing, , f 2 OZ< U 17 before the expenditure will be allowed. j 18 12. CONTRACTOR agrees and understands that COUNTY's Revenue Sharing 19 funds shall not be used by CONTRACTOR to pay or reimburse any staff person 20 of CONTRACTOR or any consultant to CONTRACTOR, if such staff person or 21 consultant is a member or officer of the Board of Directors, or other 22 official. governing body of CONTRACTOR. CONTRACTOR further agrees that i I 23 should it subsequently be determined that Revenue Sharing dollars were 24 expended in violation of this condition that CONTRACTOR shall .repay to 25ICOUNNTY all funds which were expended in violation of this condition. N II/ O 27 II / l Q 28 / 9/29/7,? 4. 1 2 3 4i 5I 6 7 8 9 1 ri 11 12 13 14 «" 4 2 i 15 0 W V O 16 � o F V 4 Z 2 oa 17 V 18 19 20 21 22 23 24 25 26 ° 27 4 ® 28 9/29/ 0 0 13. Upon the effective date of this Agreement, COUNTY agrees to make payments in accordance with the following payment schedule: a. Payments for items under the INSURANCE AND BOND, PROPERTY AND EQUIPMENT sections of the Program Budget Schedule may, at the discretion of COUNTY's Administrative Office - Revenue Sharing, be made separately from all monthly operating costs (which include those budget items entitled SALARIES & BENEFITS, OPERATING EXPENDITURES, and PROFESSIONAL SERVICES) and shall be made only upon receipt and approval by COUNTY's Administrative Office - Revenue Sharing of CONTRACTOR's invoice detailing the co:,t, of each item and the total amount required for payment. b. Payments for monthly operating costs (which include those budge items entitled SALARIES & BENEFITS, OPERATING EXPENDITURES, and PROFES- SIONAL SERVICES) shall be made as follows: (1) For the initial payment only, upon receipt and approval of CONTRACTOR's invoice, COUNTY shall advance the equivalent of one month's operating (, 7 expenses, however, this payment shall not exceed $ 974 (2) Beginning December 1 197 7, upon receipt and approval by COUNTY's Administrative Office - Revenue Sharing of CONTRACTOR'S invoice showing the prior month's actual expenditures, COUNTY shall make monthly reimbursement payments based on CONTRACTOR'S invoice so long as any single monthly reimbursement payment does not exceed $ 974 unless otherwise approved by COUNTY's Administrative Office - Revenue Sharing. 1 14. For payments to be made in a prompt and timely manner, CONTR2 2 TOR agrees to the following: ', a. Submit all required reports (including Evaluation and Financial 4 Reports) by the 10th of each month; and 5 b. Submit all required reports on the 'forms provided by COUNTY's 61 Administrative Office - Revenue Sharing. 7111 15. None of the work to be performed by CONTRACTOR under this I� 8 Agreement shall be subcontracted to any agency, consultant, or person 9 without the prior written consent of COUNTY's Administrative Office - 10 Revenue Sharing, or COUNTY's Board of Supervisors, and CONTRACTOR must I 11, submit all subcontracts, agreements and leases which relate to this 12 ii Revenue Sharing Agreement, to COUNTY's Administrative Office - Revenue 13I� Sharing, for review and approval. jj 141 16. CONTRACTOR agrees that CONTRACTOR shall be fully responsible o >> 15 ! for the acts and omissions of his subcontractors and of persons either i woo ,W 16; directly employed by CONTRACTOR or of volunteers under the direction, LL's jog 17 control or supervision of CONTRACTOR. CONTRACTOR further agrees that 18 CONTRACTOR shall. not transfer or assign any interest in this Agreement 19 without the prior approval of COUNTY's Board of Supervisors. 2011 17. The parties hereto agree and understand that neither CONTRACTORI I 1 21 nor any of its employees shall, under the terms and conditions of this 22 Agreement, be considered an employee of COUNTY for any purpose whatsoever, 23 nor shall CONTRACTOR or its employees be entitled to any of the rights, 24 privileges, or benefits of COUNTY employees. CONTRACTOR shall be deemed I 251I � { at all times an independent contractor and shall be wholly responr',i.ble 26 Ii for the manner in which it performs the services required of it by l'h(� N ,N 0 27 28,i / 10/3/771 6. 2 31 4 5 6 7 8 9 10 11 12 13 14 W o=� 15 ao WVV i LL > W 16 4 f Z 0 Z ''0 0 17 V 18 19 20 21 22 23 24 25 0 26 N N 27 LL 4 28 9/29/77 11 0 terms and conditions of this Agreement. CONTRACTOR assumes exclusively the responsibility for the acts of its employees as they relate to the services to be provided during the course and scope of their employment with CONTRACTOR. 18. CONTRACTOR agrees that in accordance with COUNTY's Revenue Sharing Accounting Manual, and any other requirements COUNTY's Administra- tive Office - Revenue Sharing shall deem necessary, that CONTRACTOR shall: a. Prepare written PERSONNEL PROCEDURES which establish internal controls for its personnel, and: b. Submit the PERSONNEL PROCEDURES to COUNTY's Administrative. Office - Revenue Sharing for review; and C. Shall instruct all of its personnel in said procedures and continuously supervise its program operations to ensure compliance there- with. 19. CONTRACTOR agrees to submit any modifications of PERSONNEL PROCEDURES to the COUNTY's Administrative Office - Revenue Sharing for review. 20. CONTRACTOR agrees and understands that CONTRACTOR must secure a location for the program's operation which complies with all zoning regulations or a valid use permit must be granted CONTRACTOR to operate at the chosen location. CONTRACTOR must also secure any and all licenses, permits, and authorizations necessary under the statutes, ordinances, (rules, and regulations of the State of California and any local govern - iments to operate said program at the selected program location. CONTRAC- TOR further. agrees to provide COUNTY o:ith proof. that CONTRACTOR has com- plied with all zoning regulations and that CONTRACTOR has obtain,>.d all 7. 7 1 2 3 4 5 6. 7 8 9 10 11 12 13 1 14 J � W, pZ; 15 0o W °u W W if 16 ° z a 0 0 17 18 19 20 21 22 23 24 25 26 N N 27 LL W. 9/29/7 necessary licenses, permits and authorizations • operate said program a, this selected program location. Should CONTRACTOR fail to provide COUNTY with the required proof within sixty (60) days after the date this Agreement is executed, then sufficient grounds exist for COUNTY to discon -1 tinue program support. 21. CONTRACTOR does hereby certify that it is a non - profit corpora- tion or a municipal corporation which is lawfully incorporated within the State of California and that by its articles of incorporation, corporate charter, or the Statutes of California, is empowered and authorized to provide the type of services to be provided under this Agreement. CONTRAC TOR fur.thar agrees that if it is shown that the corporate status of CONTRACTOR is not valid at the time of the effective date of this Agree- ment or if CONTRACTOR Loses its lawful corporate status for any reason during the term of this Agreement, then sufficient grounds exist for COUNTY to discontinue program support. 22. Unless otherwise agreed in writing y COUNTY's Administrative Office -- Revenue Sharing or Board of Supervisors, CONTRACTOR shall main- twin a separate bank account and separate accounting records for all funds received from COUNTY under this Agreement. CONTRACTOR further agree that all records must be maintained in accordance with COUNTY's Revenue Sharing Accounting Manual, which is on file in the COUNTY ADMINISTRATIVE OFFICE - REVENUE SHARING, and which by this, and prior reference, is incorporated herein and made a part hereof as if fully set. forth. CON- TRACTOR agrees to implement all recommendations made by COUNTY Auditor in order for CONTRACTOR to comply with said Manual. Failure to abide by the conditions and articles of the Accounting Manual will be suf.ficientl groui ?r'_s for COUNTY to discontinue program support 8. All ar..counLinc, r.ecoc6-.1 a 5 6 7 8 9 10 11 12 13 14 I '> Z 1S 0,D o W D V >w 16 D 4 � Z 17 V D 18 19 20 21 22 23 24 25 26 N N P O 27 4 e 28 9/29/7 0 11and other evidence pertaining to costs incurred shall be kept available at CONTRACTOR's office, or place of business for the duration of the Agree- ment and thereafter for a period not less than six (6) years. CONTRACTOR shall make all records available to COUNTY during regular business hours for the purpose of auditing and shall furnish clerical assistance for Ithis purpose to COUNTY's Auditor as required. CONTRACTOR shall furnish i copi.es.of all records to COUNTY on request. COUNTY reserves the right to modify the Revenue Sharing Accounting Manual upon thirty (30) days' ;written notice to CONTRACTOR. CONTRACTOR further agrees that within sixty (60) days after termination of this Agreement CONTRACTOR shall sub- mit to COUNTY's Administrative Office - Revenue Sharing, a final financial statement detailing all program expenditures and all income received during the effective period of this Agreement. 23. CONTRACTOR agrees that upon termination or expiration of this Agreement, CONTRACTOR shall return to COUNTY all funds remaining in CONTRACTOR's Revenue Sharing bank account. established pursuant to ISection. 22 of the Agreement, except those funds needed to pay authorized liabilities incurred before this Agreement terminated or expired. 24. In the event CONTRACTOR does not make its books and financial records available within the County of Orange, CONTRACTOR agrees to pay fall necessary and reasonable expenses incurred by COUNTY in conducting any audit at the location where said records and books of account are (maintained. I/ / / 1I 25. CONTRACTOR agrees to obtain and keep in force during the tern, 2 of this Agreement a policy of COMPREHENSIVE PUBLIC LIABILITY INSURANCE 3 insuring both COUNTY AND CONTRACTOR against any liability for accident, 4linjury or death arising out of or in consequence of this Agreement. Such 5 insurance shall be in an amount not less than $1,000,000.00 for any 6 injury to or death of any person or persons in any single accident or 7 occurrence. Unless otherwise provided for in the BUDGET SCHEDULE, CONTRA 8 TOR shall absorb all costs and premium payment of said policy of COMPRE- 9 HENSIVE PUBLIC LIABILITY INSURANCE. Said policy of COMPREHENSIVE PUBLIC 10 LIABILITY INSURANCE shall guarantee to COUNTY at least ten (10) days' I I written notice prior to cancellation, name COUNTY, its Board of SupE;rvi- f 12 sors, officers, and employees as additional insured, and state that such 13 coverage is primary to any other coverage of CQUNTY, its Board of Super- s 14 visors, officers and employees. D 15 ODD i 26. CONTRACTOR shall at CONTRACTOR's expense, unless otherwise O ] 0 WOy E,' 16 provided for in the BUDGET SCHEDULE, obtain and keep in force during the ,F 2 a a 00 17 term of this Agreement a policy or policies of insurance covering loss or i 18 damage to the premises and to any and all equipment purchased under this 19 Agreement in the amount of the full replacement value thereof., providing 20 protection against the classifications of fire, extended coverage, vanda- 21 lism, malicious mischief, and special extended perils (all risk) covering 22 the parties' interests as they appear. 23 27. CONTRACTOR shall indemnify, hold harmless and defend COUNTY, 24 its officers, agents and employees from any and all claims, demands, 25 loss, liability, injury, death, suits or judgments arising out of or N 26I alleg_d to arise out of or in consequence of this Agreement. Transi,iittal N m G7 w I to CONTRACTOR by COUNTY of any pleadings served shall be deemed to be a ® 28 II request to defend. 10. L- 1I 2 3I 4I 5 I! 6 7 81 9 10 11 12 13 14 J 15 o10 .01 W 16 LL ' u 0`z 0 z 00 17 18 19 20 21 27 23 24 25 2 76 N P 0 27 4 Cl 2s 10/4/77 0 E 28. CONTRACTOR shall also obtain and keep in force during the term of this Agreement a BLANKET FIDELITY BOND in an amount not less than that required by COUNTY's Revenue Sharing Accounting Manual, which covers all officers, agents, and employees of CONTRACTOR handling or having access to any or all funds received by CONTRACTOR under this Agreement and that said bond shall provide that COUNTY is named as an additional obligee thereunder and that said bond shall guarantee to COUNTY at least ten (10) days' written notice of cancellation. 29. Certificates of said insurance and Bond policies must be sub- mitted to the COUNTY's Administrative Office - Revenue Sharing within sixty (60) days after this Agreement is executed. CONTRACTOR understands that COUNTY will make no payments under this Agreement, other than pay- ments toward purchase of said insurance and bond - policies, until the required certificates have been submitted to COUNTY's Administrative Office - Revenue Sharing and that should CONTRACTOR fail to submit the required certificates then sufficient grounds exist for COUNTY to dis- c continue or suspend program support. 30. CONTRACTOR agrees that the level of operation and maintenance to be provided for under this Agreement must be adequate to insure the maximum utilization of the facility and services by the public and that the use of the facility and services shall be granted to all residents of the COUNTY on the same conditions that the residents of the target area use the facility and services. 31. CONTRACTOR agrees and understands that Evaluation is an essen- tial condition to this Agreement, and that COUNTY will evaluate CONTRACTO in accordance with the Revenue Sharing Evaluation Handbook, a copy of whit is on file in COUNTY's Administrative Office - Revenue Sharing, and which 11. I by this reference incorporated herein and mo a part hereof as if 2 fully set forth. COUNTY reserves the right to change or modify the 3 Evaluation Handbook upon thirty (30) days' written notice to CONTRACTOR. 4 32. CONTRACTOR agrees to abide by the conditions and procedures 5 contained within the Evaluation Handbook and to gather all pertinent data 6 required by COUNTY. CONTRACTOR further agrees and understands that all 7 reports contained within the Evaluation Handbook which are to be submitted 8 by CONTRACTOR must be submitted by the 10th of each month on the forms 9 provided by COUNTY's Administrative Office - Revenue Sharing. The parties 10 further agree that they will work out a mutually acceptable time schedule 11 for all evaluation reviews and /or evaluation functions which COUNTY may Jill deem necessary. 13 33. The parties hereto agree that for those programs which are cho- 14 sen for an "Impact Evaluation," as outlined in the Evaluation Handbook, W> i o;; IS that the COUNTY will design a detailed evaluation testing program and may u "o u " 16 provide the necessary staff to conduct an effective evaluation. This pro- 01 1 j Q 'oo 17 gram can be modified by COUNTY upon ten (10) days' written notice to 18 CONTRACTOR. The parties further agree that a mutually acceptable time 19 schedule will be provided for conducting the "Impact Evaluation;" however, 20 COUNTY reserves the right to perform any unscheduled evaluation functions 21 which COUNTY may deem necessary. 22 34. The parties hereto agree that at any time, and for any p ur.posc,� 23 COUNTY's Board of Supervisors, Administrative Office, or Revenue Sharing 24 Office can call for a Performance Evaluation to be conducted, and the 25 results shall be made available to all interested parties. 26 35. CONTRACTOR agrees that failure by CONTRACTOR to nteot the con- ^ 27 ditions necessary for an evaluation will be sufficient grounds for COUNTY ® 28I� to discontinue program support. 9/29/ 12. 36. 6lithout prejudice to any other section of this 'Agreem; -ant, 2i!CO;TR�CTOR shall, where applicable, maintain the confidential nature! of 3:information provided to it by its clients in accordance with the require- 4i 5� G' 'i 8 9 10 11 ', 13 is T If '= 15' ' I0 16 2 0 18 191 21 23 24 ments of Chapter 5(commencing with Section 1.0850) of Part 2 of Division 9 of the California welfare and Institutions Code. 37. CONTRACTOR acknowledges that the funds being provided by ,COUNTY are funds received by COUNTY pursuant to the State and Local Fiscal Assistance Act of 1972, Public Law 92 -512, as amended by the State and Local Fiscal Assistance Amendment of 1976, Public Lace 94 -488, and that expenditure of these funds must be in accordance with said law and all ' regulations issued by agencies of the Federal Government. 38. CONTRACTOR further acknowledges that when such funds are used on !any construction project for which twenty -five pgrcent (25°x) or more of the cost_; are paid out of Revenue Sharing funds prevailing wages must he' paid in accordance with the Davis -Bacon Act, as amended, 40 U.S.C. 276a - (7), an"-, that labor standards as specified by the Secretary of Labor must b co ^c_ie.d 'with- CONTRACTOR further agrees to perform all administrative and ali 1i. f-unct_ons- _required by the Davis -Bacon Act, as amended. 39. CONTR >CTOP. agrees that, if it is subsequently determined that said funds were not expended in compliance with the Federal laws and regulat.ic:ns, CONTRACTOR will refund to COUNTY such funds which were i*nproperly expended. 40. No person shall, on the grounds of race, color, national origin, or sex., be excluded frorn participation in, or be dcnic -cd the benefits of:, 25 !' s or be subject to discr.i.mination under. any program or acL':ivit:y f`undc::l in N t "•'•::hole or part with funds made available undor this Agr.coment. Any pro- - c J. 1' hi.bition aga.i.nst. d:i,scrirn:i.nnt-Aon on the basis: 0' agc: under the Aqc /2 9 / 7.7 8 9 I0 11 12 13 1= u „ z 15 oV ' 16 ;_ 00 1- V I8 Act of 1973 shall also apply to any such program or activity. Any pro- hibition against discrimination on the basis of re li_gion or any exemption from such prohibition as provided in the Civil Rights Act of 1964 or Title VIII of the Civil Rights Act of 1968 shall also apply to any such I program or activity. 41. If, through any cause, CONTRACTOR fails to fulfill in a timely ;and proper manner any of its obligations under this Agreement, or if ICONTP_kCTOR violates any of the terms and conditions of this Agreement, COUNTY shall thereupon have the right at the discretion of COUNTY, to ;either: (1) discontinue program support until such time that CONTRACTOR fulfills its obligations under this Agreement or remedies all violations 19 20 2, 22 23 ; of this Agreement; or (2) terminate this Agreement by giving 'written notice to CONTRACTOR of such termination and specifying the effective date thereof. A discontinuance of thirty (30) days or less may be taken by the COU=7 's Administrative Office - Revenue Sharing Office or the Orange County Board of Supervisors, A discontinuance of more than thirty '(30) days o= __ termination of this Agreement on behalf of COUNTY may only be taken h-v Orange County Board of Supervisors. 42. The effective period of this Agreement shall be the _11 month period beginning November 1, 1977, and ending September 30, 1978 CO:v'TRACTG: agrees that any and all funds received under this 17iscrimination Act of 1975 or with respect to any otherwise gual.i.fiecl 2 handicapped inclivi.du as provided in Section 50 of the Rehabilitation 8 9 I0 11 12 13 1= u „ z 15 oV ' 16 ;_ 00 1- V I8 Act of 1973 shall also apply to any such program or activity. Any pro- hibition against discrimination on the basis of re li_gion or any exemption from such prohibition as provided in the Civil Rights Act of 1964 or Title VIII of the Civil Rights Act of 1968 shall also apply to any such I program or activity. 41. If, through any cause, CONTRACTOR fails to fulfill in a timely ;and proper manner any of its obligations under this Agreement, or if ICONTP_kCTOR violates any of the terms and conditions of this Agreement, COUNTY shall thereupon have the right at the discretion of COUNTY, to ;either: (1) discontinue program support until such time that CONTRACTOR fulfills its obligations under this Agreement or remedies all violations 19 20 2, 22 23 ; of this Agreement; or (2) terminate this Agreement by giving 'written notice to CONTRACTOR of such termination and specifying the effective date thereof. A discontinuance of thirty (30) days or less may be taken by the COU=7 's Administrative Office - Revenue Sharing Office or the Orange County Board of Supervisors, A discontinuance of more than thirty '(30) days o= __ termination of this Agreement on behalf of COUNTY may only be taken h-v Orange County Board of Supervisors. 42. The effective period of this Agreement shall be the _11 month period beginning November 1, 1977, and ending September 30, 1978 CO:v'TRACTG: agrees that any and all funds received under this 2" Agreement shall. be disbursed or encumbered on or before September 30, 1978 25; =:n6 that any and al.l funds remaining as of September 30, 1978, which have 26 'knot been disbursed or encumbered shall be returned by CONTRACTOR to COUNTY c o 2, ! � I 2?'.� /2)/- i 1 14. • • 1 43. CONTRACTOR agrees that it may not use any part of the funds 2 received under this Agreement for the purpose of lobbying or other 3 activities intended to influence any legislation regarding the provisions -4 of the State and Local Fiscal Assistance Act of 1972, as amended by the 5 State and Local Fiscal Assistance Amendments of 1976, Public Law 94 -488. 6 IN WITNESS WHEREOF, the parties hereto certify that they have read 7 and understand all the terms and conditions contained herein and hereby 8 cause this REVENUE SHARING AGREEMENT to be executed as of the date written 9'below: 10', Dated: -- - - - -- - -' 197_ COUNTY OF ORANGE 11 (I ATTEST: By 12 Chairman, Board of Supervisors JUNE ALEXANDER 14 Clerk of the Board of Supervisors of Orange County, California LLB; 15 Wo',°, APPROVED AS TO FORM: W 16 W�u pzz ADRIAN KUYPER, COUNTY COUNSEL o' 0 17 W 18 By_�O "c�1,t /2/ 19 Dated: 1977 20 Dated: 197 CONTRACTOR 21 -- - — Pf d Board of Directors 23 THIS CERTIFIES THAT CONTRACTOR 24i REPRESENTING THE PERSON OR COR- PORATION NAMED HEREIN HAS INFORbLED 25 ME THAT THEY HAVE COMPLIED WIT11 THE PROVISIONS OF ORDINANCE, 2717 TO Wl9' 26 X NOT EMPLOYED All ADVOCATE 77 - - - -- REPOR`T'ED EMPLOYMENT OF Cl 28 ADVOCATE By 9 29/'7 IZ VENUE SHARING COORDINATOR II ` rnrurs> I r; IOLMIS AND CONDITIONS SCHMULF • 1. Unle ss otherwise agreed to in r;riting by COU'l—Y'S Administrative Office - P-; n e sharing, COMPACTOR shall be required to summit to COUNTY'S Administrative of.ice - Revenue Sharing copies of the minutes of all meetings of CONTRACTOR'S Board of Directors. 2. CONTU'r -JOR shall not hire or contract with any consultant unless CONTRACTOR obtains the prior written approval of COUNTY'S rAministrativL Office - Revenue Sharing or'COUNTY'S Board of Supervisors. 3. CONTRACTO? agrees that any bank account required under this agreealent shall be separate anJ apart from any other account which CONTRACTOR maintains, "including any Pr?viouS Revenue ShZiring acco:mts. 4. Unless oti :erwise provided for in writing by COU;dTY'S Administrative Office - Pev >_nue Sharing, COJTRACTOR must show that for clients %IhD have ability to pay, as s'rr7:::1 in ti;e income level �'Uidelines ouMn2J belos /, and wliD are not GO_years of age or older, a reasonable fee was charged to cover the costs of services rendered, or tha. funds other than Revenue Sharing were utilized to Cover these costs. CD ?iTR ^.CT'. <:grees to prepare and submit to C UNTY'S Administrative Office - P.e:eue Si.::rir.o for approval, a sliding fee scP:_dule covering the costs of services rased on the age and incone guidelines (See 5). Should CONTRACTDR fail to pro;id> rf''NTY ,Jth t`.e required fee schedule within sixty (50) days after .the e se ive of this a reE:rent, then su M cie -t grounds exist for CWNITY to discontir.__ �, "ogram suonc:rt. CC:iT ?.C,C:`'', f ±rrther ac;rees, that unless other:;ise provided for in the program (se--2 Exhibit B), or otherwise a;,proved in writing by COUNTY'S Ad= :inis_rati'; Office - Pevenu,_ Su ring, that eil fees collected pursuant to 'this afire r::r,. ',;ill go to offset tlt- pi agraru costs p2"id for by Revonur_- Sharing Funds. _._co: '.nee with the Federal Older Anmc:ric_­:s Act. and S--_-n'-,-r Ci' i?cr:s Program Office or Orange Coat; tha minis C'. _•. I..'.J d SC:;I101 Citize11 ).`: GO of, are. ;.;Iy persoll 0'!_1', ^.•:.'CI by tdl:.' InC(,::'.;.` l_'VC:l goid-I il;_> de. L;. `d starIJ(;r(ds set by 'Ut n na a ;c: to b^ uscxi falling below this a!le i:;'•'i ;'I t,, t0 U.ii )' M acco1,(!: lCC wli.fl Vic "(ollo'wiw;: SIZE 1 2 3 4 5 6 7 8 9 10 or more 19AXIi4Uh1_WOP1-f}ILY Ii ?t:O ?iE ktiil!1`,L IF:COi -;F -- -- ..2,970 328.00 .3,930 408.00 :4,890 488.00 5,850 568.00 6,810 648.00 7,770 728.00 8,730 808.00 9,690 888.00 10,650 968.00 I1,610 COUNTY reserves the right to alter or change the above age and income guide - lin ^> upon ten (10) days written notice to CON-MAC-10". 6. Funding shall be on a one -time -only basis. 37. IIUdyet Sum kiry Sheet A. Total operating Budget (Current Year) S SOURCE OF FUNDING 11t?0[.�IT l_ 2. 3: 4. TaTL_ $ B. Total Opsraung Budget (Proposed) $ October 1 197 - Septemb -2r 30, 197£3 Revenue Sinrin SOU?:C': Or' Fu`DIS3G A ?'OiRiT - ' 3 .. a2 L.I i A 3. ast 3'. BUDGET SCHEDULE PROPOSED BUDGET FOR RECO:•:i4ENDEC CURRENT YEAR YEAR ENDING JULY 31, NET RErmtim SH? wws OPERATING BUDGET 1977 DIFFERENCE BUDGET Salaries G P�/S Other R/S Other (Office Use Ennefits -/1/0 41 70.0 ) 4(0, 1. Salaries (/ 2. 3en� °its (Specify) a) rlCiI 7�lJ r%7 1-1 f:3•r7/ fY; i f) C SL,3- TOTAL: R'I 'i, n- �___ di G�_L4r S 1. Rent per r x.. - , Win^ SIN 2. Utilities 3. rnlcahoe • jf 4. b_ileage 5. Office Su" •?,i =,, 02SQ 6. Prog.S,-) li_., 3� - E. Conferer.cas Ca:-: °atioas 1 (Stye 141 l . 9. Cth.r (S?;:ci.fy) !' f law r I 39. • POSITIONS & SALA"IL'S A. Current Year TOTAL JIOURS/ TOTAL Mn\I^PtV QAT.APV 41 VP;C 'AMMYNT FUNDING SOURCE: R/S 011-iffI2 1. I-ION-TirILY IIRS TOTIiL 2. SALARY VTFF.K AMOUNIT FMIDING. 3. PECON1MEND--ID'R/S 4. cz 5. 3. 6. 7. 9. 6. 7. I B. Pr=-,s:�" Year 70n — -., TOTAL I-ION-TirILY IIRS TOTIiL (Office use only SALARY VTFF.K AMOUNIT FMIDING. RC SOURCE PECON1MEND--ID'R/S cz 3. R/S Other (Office use only cz 3. 4. 6. 7. 9. Scl,.--Llulc-. (continued) • a PROPOSED BUDr;ET FOR RECOMIMENDLL CURRENT YEAR OPERATING YEAR ENDING JULY 31, tIFT REVENUE SHARa fz:E; 17-;'s BUDGET 1977 DIFFERENCE BUDGET & Bond Other P/S Other (office Use Oil -R/S 1. Liability 2. Ocher (Specify) (Wyo 3. Bond SL3-TOTAI,-. Pro--,erty-& Equir, rent 1. Equipment 2. Furniture 3. Other (Sp a) 73 Profl:ssional 1. Cons"Itan 2. Douti :,:caping/ //z 40. • FI T.D ASSETS • Please itemize any fixed assets (clesks, typewriters, program equipment, etc_) trhich are included in your budget. ITEM �e T't cae /%N MOUNT NT �• S Shrt,,� /o.00 loo,oi) 41. Sci:ecule of Conferences. Please give the following information for each cc :'ere; ce or convention for which fuuids are being sought. of Comer. _ce De s c..i,^. tip Lc_.._ jl ia;I rs_im,ted Cost !7a:ne of conference r5 t].::ilt 6u i7G`.3t isEi7 GL Lonferenc@ 7ez:�Y.l.p F.s�ir-at:ed Cost 16