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Agreement
Between
State of California
Department of Rehabilitation
722 Capitol Mall-Room 4039
Sacramento, California 95814
and

The Center for Independent Living, Inc.
2054 University Ave., Berkeley, California 94704

Subject: This Agreement between The Center for Independent Living, Inc., (hereinafter called "Organization"), and the Department of Rehabilitation, State of California, (hereinafter called "State"), is for the purpose of initiating or expanding an innovative program of rehabilitation services for the severely handicapped or handicapped persons with unusual or difficult problems.

Witnesseth: The said parties acting pursuant to the authority of the California W & I Code, Section 19005 et. seq., have agreed as follows:

  • A. For the purpose of this Agreement, "Organization" means a public or private tax-exempt agency.
  • B. For the purpose of this Agreement, "initiating or expanding an innovative program of rehabilitation services" means (1) the initial staffing for such purpose; (2) the acquisition of special equipment for such purposes; (3) payment for specified operating expenses; and (4) minor remodeling if essential to the program.
  • C. For the purpose of this Agreement, "severely handicapped individual" means a handicapped person (1) who has a severe physical or mental disability which seriously limits his functional capacities in terms
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    of employability; (2) whose vocational rehabilitation can be expected to require multiple vocational rehabilitation services over an extended period of time; and (3) who has one or more physical or mental disabilities causing a substantial functional limitation.
  • D. For the purpose of this Agreement, "handicapped persons with unusual or difficult problems" means handicapped persons who are (1) poor and the responsibility for whose treatment, education, and rehabilitation is shared by more than one agency; (2) who have language or cultural factors complicating their rehabilitation; or (3) persons from high density inner city areas.
    • 1. This Agreement shall enable Organization to initiate or expand a program of service which shall enable handicapped persons to adjust to employment, engage in renumerative employment, and gain personal independence. State has determined that there is a need for these services.
    • 2. This Agreement shall become effective on 6-30-75 and terminate on June 30, 1977, except that State reserves the right to terminate this Agreement upon thirty (30) days prior written notice to Organization.
    • 3. The expenditures authorized under this Agreement shall be made for minor remodeling, the acquisition of equipment, and for staff to be located at: 2054 University Ave., Berkeley, Ca. 94704. and for specified operating expenses related to the above project. Equipment provided under the terms of this Agreement shall not be relocated from the above address without prior written approval from State. Expenditures for remodeling may be made on a progress payment basis. Expenditures for staff salaries and benefits under this
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      Agreement shall not exceed a period of twelve months for any one (1) position. For reimbursement of expenditures under the terms of this Agreement, Organization shall submit to State monthly in arrears "Budget Expenditure Report" in quadruplicate prepared in accordance with written instructions to be provided by State. Reimbursement shall be made to Organization in the percentage specified in this Agreement as the Federal share. Organization shall participate in each and every expenditure in the percentage specified in this Agreement as the Organization share. Final requests for reimbursement shall be submitted to State no later than June 5, 19 77.
    • 4. Proposed expenditures under this Agreement are specified in the "Budget Expenditure Report," Exhibit B and schedules attached thereto.
    • 5. Items of remodeling shall not exceed twenty-five percent (25%) of the total program budget or $10,000, whichever is less. Proposed expenditures and preliminary drawings for remodeling and/or alteration under this Agreement are specified in the "Budget Expenditure Report-Schedule 3." No substantial change in size, function, or utilization may be made by the Organization, nor specified in the exhibit without prior written approval from State. Organization agrees to incorporate Federal Executive Order No. 11246 of September 24, 1965 in all contracts for remodeling and/or alteration for which funds are to be paid under this Agreement. Organization warrants that on the basis of competitive bidding involving at least three bidders unless exempted in writing in advance by State, all contracts
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      for remodeling and/or alteration shall be awarded to the lowest responsible bidder meeting specifications. Organization shall require each bidder to file a "Bidder's bond" with his bid, such bond to be executed by an admitted surety insurer. In addition, Organization shall require the successful bidder to file with the executed contract separate "Ferformance" and "Payment" bonds executed by an admitted surety insurer and in amounts not less than one-half (½) the total agreed price. Organization shall withhold from the contractor not less than ten percent (10%) of the total of EACH billing until final completion and written acceptance of the project by Organization and a copy of such acceptance is sent to State.
    • 6. Organization warrants that equipment items listed on "Budget Expenditure Report, Schedule 2" with a cost of $1,000 or more per unit or groups of similar items with a cost of $1,000 or more for the group shall be parchased on the basis of competitive bids unless otherwise exempted by prior written authorization from State. Organization must obtain prior written approval from State for any expenditure for any badget line item which exceeds the cost specified in the approved budget exhibit by more than ten percent (10%) and for purchase of any items which are not listed in the "Budget Expenditure Report, Schedule 2." Organization warrants that all equipment purchased under the terms of this Agreement which has an initial cost of $100 or more per unit shall be insured against fire and theft for an amount equal to its fair market value for a period of at least four (4) years from the delivery date of the equipment AND that equipment which has an initial cost of $500 or more per
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      unit shall be insured against fire and theft far an amount equal to its fair market value until such time as Organization disposes of the equipment or is otherwise relieved by State from accountability for such equipment.
    • 7. Positions for personnel to be hired under the terms of this Agreement are specified in "Budget Expenditure Report, Schedule 1." Initial expenditures for staff salaries and benefits under this Agreement shall not commence prior to 7-1-75, nor later than 9-30-75 except that, if, in the opinion of State, the time period should be extended, State may extend the date for initial staff expenditure by prior written notification to Facility. No reimbursement shall be allowed for staff salary expenditures incurred after MA. The monthly salary paid to an individual shall not exceed by more than ten percent (10%) the average monthly salary for that position as computed from the annual salary specified in "Budget Expenditure Report, Schedule 1" without prior written approval from State.
    • 8. Expenditures for contractual or consultant services shall not exceed five percent (5%) of the total program budget or $1,000, whichever is less.
    • 9. The total expenditures under the terms of this Agreement shall not exceed $90,000(100%) of which $9,000(10%) shall be Organization's share and $81,000(90%) shall be the Federal share made available from funds allotted to the State of California under Section 120 and 121 of the Rehabilitation Act of 1973. Organization shall place those funds designated as Organization's share (10%) in a restricted fund. Organization
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      agrees to maintain separate accountability for all funds received under this Agreement, and for disbursements made from those funds.
    • 10. If at any time after completion of remodeling and/or alteration of a building or buildings for which funds have been paid under the terms of this Agreement, Organization ceases to use the building or buildings for a tax-exempt rehabilitation facility or workshop, State shall recover from Organization compensation in an amount bearing the same ratio to the current fair market value of the building or buildings as the amount of Federal participation bore to the total cost of the expansion, remodeling and/or alteration of the rehabilitation facility under this Agreement.
    • 11.
      • A. If, within four (4) years after the date of purchase of equipment for which funds have been paid under the terms of this Agreement, Organization ceases to use the equipment for the purposes stated in this Agreement, Organization may retain the equipment provided that Organization makes compensation to State in an amount bearing the same ratio to the current fair market value of the equipment as the amount of Federal participation bore to the initial cost under this Agreement.
      • B. If, after four (4) years from the date of purchase of equipment for which funds have been paid under the terms of this Agreement, Organization ceases to use the equipment for the purposes stated in this Agreement AND the initial cost of such equipment was less than $500 per unit, no further accountability to State is required.

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      • C. If, after four (4) years from the date of purchase of equipment for which funds have been paid under the terms of this Agreement, Organization ceases to use the equipment for the purposes stated in this Agreement AND the initial cost of such equipment was $500 or more per unit, Organization may retain the equipment provided that Organization shall compensate State in an amount bearing the same ratio to the current fair market value of the equipment as the amount of Federal participation bore to the initial cost under this Agreement.
      • D. Equipment as identified in Sections A and C for which Organization has no further need may be disposed of under the following conditions:
        • (1) If the equipment had an initial cost of $1,000 or less per unit, Organization shall sell the equipment and reimburse State in an amount bearing the same ratio to the sales proceeds as the amount of Federal participation bore to the initial cost under this Agreement, except that Organization may deduct and retain from that amount $100 or ten percent (10%) of the total sales proceeds, whichever is greater, for the Organization's selling and handling expense.
        • (2) If the equipment has an initial cost of more than $1,000 per unit, Organization shall request disposition instructions from State.
      • 12. State shall review the operations of Organization to the extent that inspections and/or audits shall be made to determine whether the rehabilitation program is being utilized for the
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        purpose specified in this Agreement and to determine if expenditures were made in accordance with this Agreement. All Organization records pertaining to this Agreement, or many part thereof requested, shall be made available to State Controller, Federal Department of NEW, and State for said inspections and/or audits, and shall be retained for three (3) years after termination of this Agreement or until audited by Controller, NEW, or State, whichever is sooner. Organization agrees to comply with all laws, regulations, ordinances, and policies of any governmental unit having jurisdiction over the Organization in regard to construction, medicine, health, safety, wages, hours, working conditions, workmen's compensation, licensing, and all other activities requiring compliance. Organization shall accept financial responsibility in the event of non-compliance.
      • 13. Organization HEREBY AGREES THAT it shall comply with Title VI and Title VII of the Civil Rights Act of 1964 (P.L. 88-352) and all requirements imposed by or pursuant to the Regulations of the Federal Department of Health, Education, and Welfare (hereinafter called "Department"), (45 CFR Part 80) issued pursuant to that Title, AND the State Fair Employment Practices Act (Chapter 121, Part 4.5, Section 1420.1, Sub-Sections (a), (b), and (c)) to the end that, in accordance with these Acts and Regulations, no person in the United States shall, on the ground of race, color, religion, age, sex, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which Organization received Federal financial assistance from Department; and HEREBY GIVES ASSURANCE THAT it shall immediately take any measure necessary to effectuate this Agreement. If
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        any personal property is provided with the aid of Federal financial assistance extended to Organization by Department, this assurance shall obligate Organization for the period during which it retains ownership or possession of the property. In all other cases, this assurance shall obligate Organization for the period during which the Federal financial assistance is extended to it by Department. THIS ASSURANCE is given in consideration of and for the purpose of obtaining any and all Federal grants, loans, contracts, property discounts, or other Federal financial assistance extended after the date hereof to Organization by Department. Organization FURTHER AGREES THAT it shall comply with Section 503 of the Rehabilitation Act of 1973 (P.L. 92-112) and all requirements imposed by or pursuant to the Regulations of the Federal Department of Labor (Title 20, Chapter VI, Sub-Chapter C, Part 741) to the end that, in accordance with Section 503 of that Act, no person in the United States shall be discriminated against for employment because of any physical or mental handicap for any position for which the employee or applicant is qualified, AND, that Organization shall take affirmative action to employ, advance in employment, and otherwise treat qualified handicapped individuals without discrimination based upon their physical or mental handicap. Organization recognizes and agrees that such Federal assistance shall be extended in reliance on the representations and agreements made in this assurance, and that the United States shall have the right to seek judicial enforcement of this assurance. This assurance is binding on Organization,
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        its successors, transferees, and assignees and the person or persons whose signature(s) appear below are authorized to sign this assurance on behalf of Organization.
      • 14. All notices herein provided to be given, or which may be given, by either party to the other, shall be deemed to have been fully given when made in writing and deposited in the United States mail, certified, postage prepaid and addressed as follows: To Organization at: _____ 2054 University Ave., Berkeley, Ca. 94704 and to State at: Department of Rehabilitation, 722 Capitol Mall, Room 4099, Sacramento, California 95814. Nothing herein contained shall preclude the giving of any such notice by personal service. The address to which notices shall be mailed as aforesaid to either party may be changed by written notices by such party to the other, as hereinbefore provided.
      • 15. Exhibits marked "Budget Expenditure Report," "Schedule 1," "Schedule 2," "Schedule 3," and "Specific Legislation Affecting Grant Contracts" as applicable are attached hereto and by this reference are made a part hereof.
      • 16. This Agreement shall not be effective until approved by Department of General Services.

IN WITNESS WHEREOF This Agreement has been executed by the parties acting through their authorized representatives below, this 22nd day of May, 1975.

STATE OF CALIFORNIA
Department of Rehabilitation

Center for Independent Living, Inc.
Organization

_____

_____

President, Board of Directors

_____

_____

Executive Director

FOR DEPARTMENT OF GENERAL SERVICES USE ONLY

Exempt from State Personnel Board approval under authority granted August 20, 1968 by the State Personnel board. Letter on file with the Department of General Services and the State Controller.

I hereby certify that all conditions for exemption set forth in State Administrative Manuel Section 1201.13 have been complied with and this document is exempt from review by the Department of Finance.

_____

Authorized Signature