Archive for August 13th, 2005

AoA Homepage > Older Americans Act: Title III Regulations

Older Americans Act: Title III Regulations

[Code of Federal Regulations]
[Title 45, Volume 4, Parts 1200 to End]
From the U.S. Government Printing Office via GPO Access
[CITE: 45CFR1321]
Title 45–Public Welfare Chapter XIII–Office Of Human Development Services, Department Of Health And Human Services Part 1321–Grants To State And Community Programs On Aging”

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Older Americans Act > Part 1326 Regulations – Grants to Indian Tribes

Older Americans Act

Part 1326 Regulations – Grants to Indian Tribes for Support and Nutrition Services

[Code of Federal Regulations]
[Title 45, Volume 4, Parts 1200 to End]
From the U.S. Government Printing Office via GPO Access
[CITE: 45CFR1326]

Title 45–Public Welfare
Chapter XIII–Office Of Human Development Services
Department Of Health and Human Services
Part 1326–Grants To Indian Tribes For Support And Nutrition Services

Annotated ONC CoB MOA

Annotations
this MOA came after 2 years of discussion! but no senior participation.
#2 Revised 6-20-05 Joint ONC/COB Work Session
Memorandum of Agreement
Senior Ctr = bldg. only
If City doesn’t have Title III, it cannot transfer responsibility.
Between the City of Bethel and Orutsararmiut Native Council on the Transfer of the Senior Center and its Service Responsibility
ONC has trust responsibilities that cannot be subject to this MOA.

Means testing is illegal under OAA. Neither ONC nor CoB may change this.

This Memorandum of Agreement (MOA) between the City of Bethel (City) and Orutsararmiut Native Council (ONC) is intended to facilitate the transfer of the Senior Center, senior service responsibilities, and pertinent assets related to the provision of services at and through the Center from the City of Bethel to the Orutsararmiut Native Council. All assets and lease arrangements mentioned in this Agreement pertain to the transfer of the Senior Center from the City to ONC for the express purpose of ONC providing services to low-income seniors and other qualified individuals beginning on July 1, 2005 and continuing indefinitely.
Other OAA funding? Is CoB setting requirements on the grantor? The City of Bethel has been awarded two grants from the State of Alaska, Department of Health and Social Services, that support the provision of senior services: (1) Nutrition, Transportation and Support Services grant, and (2) Home and Community Based Care grant. This MOA is contingent on the State of Alaska, Department of Health and Social Services, awarding the same or similar grants to ONC for the provision of senior services during Fiscal Year 2006.
required of grantee under OAA VI and III and cannot be transferred by MOA Notwithstanding the exceptions mentioned herein, it is the intent of the City of Bethel to transfer ownership of the Senior Center Buildings and improvements, (e.g., walkways and fencing) to the Orutsararmiut Native Council. The Orutsararmiut Native Council will be responsible for the maintenance, repairs, and improvements to the Senior Center buildings, contents of the buildings, and other assets referenced in this agreement beginning on July 1, 2005. This duty of care includes all required inspections (e.g., sprinkler & fire panels, fire extinguishers, range hood, and elevator) and maintenance and repair necessary to meet all state and federal regulations pertaining to employee and public health and safety.
Aside from the cash subsidies and in-kind donations described in this agreement, the City of Bethel will not be responsible for costs or other financial obligations incurred by ONC relative to the operation of the Senior Center and the provision of Senior Services to the community.
Parties to this Agreement
City of Bethel, P.O. Box 1388, Bethel, AK 99559, 907-543-2297
Orutsararmiut Native Council, P.O. Box 927, Bethel, AK 99559, 907-543-2608
Provision of Senior Services
Eligible seniors has been altered by this agreement — fewer will be eligible. OAA does not allow for this change.
If Title VI funds are ever used, age of recipients is not subject to non-Tribal jurisdiction. Neither City nor ONC may set requirements on grantor. If City doesn’t have Title III grant, it may not set requirements for grantee (ONC)
*********************
If this MOA is accepted, ONC and CoB will forfeit all OAA funds and will
be subject to Federal prosecution for violations of OAA
*********************
This Agreement transfers the responsibility of operating the Senior Center and providing services to eligible individuals from the City to ONC. The Orutsararmiut Native Council will continue to provide services to low-income seniors over 60 years of age, minorities, and those living in a rural area as specified for recipients of Nutrition, Transportation, and Support Services grants administered by the State of Alaska, Department of Health and Social Services. The Chrissie Shantz Adult Day Care program will continue to operate in its present or improved form to serve eligible seniors, those at risk of institutionalization, individuals with disabilities, and others who qualify under the Home and Community Based Care grant program administered by the State of Alaska, Department of Health and Social Services.
Financial Support
How does this affect ONC ability to get Title VI funding? The City of Bethel will provide a cash subsidy to ONC in the following amounts and for the following years: $200,000 in Fiscal Year 2006, ending June 30, 2006; $150,000 in Fiscal Year 2007, ending June 30, 2007; and $75,000 in Fiscal Year 2008, ending June 30, 2008. While these amounts represent a minimum cash distribution from the City, with proper justification and subsequent approval by the Bethel City Council, ONC may receive up to a maximum amount of $200,000 in Fiscal Years 2007 and 2008. The City will not give any cash subsidies to ONC in any fiscal years after theconclusion of Fiscal Year 2008, ending June 30, 2008.
The amount of the cash subsidy over the minimum amounts for Fiscal Year 2007 and 2008, but less than the $200,000 cap, is not automatically approved. The ONC Executive Director or his or her designee must show documentation that reasonable and relevant operating expenses will be incurred in excess of the ability of ONC to pay such expenses through its anticipated revenue streams and administration of funds passing through its organization. A request to the City Manager for an increase in the cash subsidy must be submitted in writing with supporting documentation attached. The City Manager will put the request on the agenda of the soonest regularly scheduled City Council meeting. Once the Bethel City Council approves a $50,000 increase, ONC may spend up to that amount before another approval is required for an additional $50,000 installment. Cash disbursements to ONC shall be made by the City Manager within 10 working days of Bethel City Council’s approval.
Land
Rate is less than cost to administer and therefore becomes additional subsidy

Where is lease for review?

The land on which the Senior Center sits will be leased by the City of Bethel to the Orutsararmiut Native Council at the rate of $1.00 per year for the duration of the time that ONC operates the Center by providing services to low-income elders and other qualifying individuals. The details of the lease arrangement will be spelled out in a legal contract, signedand dated by both parties.
Senior Center Buildings
Again, such restrictions mean ONC will forfeit any OAA funding. The Senior Center Buildings, located at 127 Atsaq Way in Bethel, Alaska, will be used by ONC for the express purpose of providing services to low-income seniors and other qualified individuals as delineated under the section: Provision of Senior Services. The buildings shall remain in use for the express purpose of providing senior services.
Vehicles
The title of the following vehicles will be given to the Orutsararmiut Native Council:
1. Ford Bronco (1993)
2. Thomas Build Freightliner mid-size bus (2001)
3. Narrow body cutaway van/bus with wheelchair lift (expected to be received by the City during summer 2006 through a Section 5310 grant award by the State of Alaska, Department of Transportation and Public Facilities (DOT&PF))
Does title return to City? Is it legal for ONC to provide tribal transportation funds to non-tribal services? The transfer of ownership of the narrow body cutaway van/bus is contingent on City Council’s formal acceptance through a resolution and a signed agreement with the State of Alaska, Department of Transportation and Public Facilities, acknowledging the transfer of ownership from the City to ONC.

Per the grant agreement with DOT&PF, the van/bus must be used for the provision of senior services until such time as a public transit system becomes operational. Once a public transit system becomes operational, the van/bus must become a public transit vehicle, serving the general public as part of the transit system.

Contents of the Senior Center Buildings
If services move to different venue, what happens to goods? The City-owned contents inside the Senior Center building will be transferred to ONC for the provision of senior services, including major kitchen appliances (e.g., refrigerators, freezers), furniture (e.g., couches, chairs, tables), electronic equipment (e.g., television, stereo, computers, printers), exercise equipment, and other material goods currently found in the SeniorCenter.
In-kind Contributions
Costs? This is an additional subsidy. To help ONC provide senior services through the Senior Center; the City shall contribute the following in-kind services to ONC:
$ amount? Water, sewer, and trash pick-up services for the duration of the time ONC provides senior services through the Senior Center
unlimited $ per year Routine maintenance and major repairs to the Thomas Freightliner bus at an estimated cost of $8,000 per year for a period of five years, endingon June 30, 2010
Unlimited $ per year, even if used in public system. Routine maintenance and major repairs to the narrow body cutaway van/bus with wheelchair lift (if received by the City during summer 2006 through a Section 5310 grant award by the State of Alaska, Department of Transportation and Public Facilities (DOT&PF)) for a period of seven years, ending on June 30, 2012.
If title is transferred, why try to manage ONC’s maintenance? The ONC will be responsible for the maintenance and major repairs of the Ford Bronco.
unlimited $ donation, if dates are corrected Routine maintenance and major repairs to the Senior Center boiler for a period of one year, ending on June 30, 2006. Maintenance and repairsto the boiler after June 30, 2005 will be the responsibility of ONC.
Senior Advisory Board Membership
SAB has its own bylaws. City has no jurisdiction over Title III grantee nor may set requirements on the grantor. The City of Bethel shall retain one seat on the Senior Advisory Board, as it currently stands, or other citizen body created to provide advice to program administrators. The person occupying that seat will be appointedby Bethel City Council.
Signatures
The signatures below of the highest elected official and highest ranking administrator from the City of Bethel and Orutsararmiut Native Council validate this Memorandum of Agreement and obligate both parties to theterms herein.

Who is “old” enough? Who is “poor” enough?

Means test, as used in the provision of services, means the use of an older Indian’s income or resources to deny or limit that person’s receipt of services under this part.

Older Indians, means those individuals who have attained the minimum age determined by the tribe for services.
….

Sec. 1326.11 Prohibition against supplantation.

A tribal organization shall ensure that the activities provided under a grant under this part will be in addition to, and not in substitution for, comparable activities provided without Federal assistance.

Sec. 1326.13 Supportive services.
A tribal organization may provide any of the supportive services mentioned under title III of the Older Americans Act, and any other supportive services that are necessary for the general welfare of older Indians.

If an applicant elects to provide multipurpose senior center activities or uses any of the funds under this part for acquiring, altering or renovating a multipurpose senior center facility, it shall comply with the following requirements:

  1. The tribal organization shall comply with all applicable local health, fire, safety, building, zoning and sanitation laws, ordinances or codes.

    The tribal organization shall assure the technical adequacy of any proposed alteration or renovation of a multipurpose senior centers assisted under this part. The tribal organization assures technical adequacy by requiring that any alteration or renovation of a multipurpose senior center that affects the load bearing members of the facility is structurally sound and complies with all applicable local or State ordinances, laws, or building codes….

    Sec. 1326.15 Nutrition services.

    In addition to providing nutrition services to older Indians, a tribal organization may:

    Provide nutrition services to the spouses of older Indians;

    Provide nutrition services to non-elderly handicapped or disabled Indians who reside in housing facilities occupied primarily by the elderly, at which congregate nutrition services are provided;

    Offer a meal, on the same basis as meals are provided to older Indians, to individuals providing volunteer services during meal hours; and

    Provide a meal to individuals with disabilities who reside in a non-institutional household with and accompany a person eligible for congregate meals under that part.

    Sec. 1326.19 Application requirements.

    A tribal organization shall have an approved application. The application shall be submitted as prescribed in section 604 of the Act and in accordance with the Commissioner’s instructions for the specified project and budget periods. The application shall provide for:….

    Assurances as prescribed by the Commissioner that:

    A tribal organization represents at least 50 individuals who have attained 60 years of age or older;

    A tribal organization shall comply with all applicable State and local license and safety requirements for the provision of those services;

    If a substantial number of the older Indians residing in the service area are of limited English-speaking ability, the tribal organization shall utilize the services of workers who are fluent in the language spoken by a predominant number of older Indians;

    Procedures to ensure that all services under this part are provided without use of any means tests;

    A tribal organization shall comply with all requirements set forth in Sec. 1326.7 through 1326.17; and

    The services provided under this part will be coordinated, where applicable, with services provided under title III of the Act.


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