HomeMy WebLinkAboutCSRA AREA AGENCY ON AGING COOPERATIVE TITLE 111 AND NSI NUTRITION MEALS Y 2010
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SECTION I
CSRA REGIONAL COMMISSION. AREA AGENCY ON AGING COOPERATIVE SUB-GRANT AGREEMENT
TITLE III AND NSI NUTRITION MEALS
Fiscal Year 2010
RC AAA Qualified Nutrition Program Food Vendor: GA Food Service, Incorporated
Fiscal Year 2010 Unit Cost for All Meal Types: 4.45
Number of Days Meals Served In Year: 250.00
The following table outlines the meals that have been approved
for your Jurisdiction for the FY 2009.
Meal Types:
Title III C-1
Title III C-2
NSI-Cong
NSI-HD
CB5-Cong
CBS-HD
Congregate Meals (requires a 10 percent match)
Home-Delivered Meals (requires a 10 percent match)
Congregate Meals (no match required)
Home-Delivered Meals (no match required)
Congregate Meals (no match required)
Home-Delivered Meals (no match required)
Jurisdiction
Richmond
Title iii C1
41,578
Annual Number 01 Meals Alloted By Category
Title iii C2 N51-Cong NSI-HD CBS-Cong CBS-HD
15,167 2,340 12,971
Total
72,056
Dollar Value 01 Meals By Category
Funding Title III C1 Title iii C2 NSI-Cong NSI-HD CBS-Cong CBS-HD Total
RC Funds: $ 166,519.89 $ 60,743.84 $ 10,413.00 $ 57.720.95 $ $ $ 295,397.68
Local Match: $ 18,502.21 $ 6,749.32 $ $ $ $ $ 25,251.53
Total Cost: $ 185,022.10 $ 67,493.15 $ 10,413.00 $ 57,720.95 $ $ $ 320,649.20 .
Note that this agreement indudes the preliminary planning allocation for meals from the CSRA RC and that
final allocation numbers are subject to change based on final state allocations. All Site meals are purchased
voluntarily by the local jurisdiction. Paragraph 1 of the attached Cooperative Agreement duly notes the right to
alter final numbers based on funding availability.
*Note: Title III C1 and C2 meals will be reimbursed by the RC at ninety (90) percent of their value
(i.e. $4.45 x 0.9 equals $4.005). Site C1 and Site C2 meals are voluntarily provided by the community
and are not reimbursed by the RC and therefore not shown In this agreement.
Periodic adjustments may be made during the course of the year to allocate unused meals in the region
to other areas of need or based on reductions In state funds.
Cooperative Agreement
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SECTION TWO
AREA AGENCY ON AGING
COOPERATIVE SUBGRANT AGREEMENT FOR SERVICES
THIS COOPERATIVE SUBGRANT AGREEMENT, entered into as of the 30th day of June 2009,
by and between Augusta, Georgia,. a political sub-division of the State< ()~Georgia (hereinafter
referred to as "Sub grantee") and the CENTRAL SA V ANNAH RIVER AREA REGIONAL
COMMISSION, (hereinafter referred to as "CSRA RC").
WITNESSETH THAT:
WHEREAS, CSRA RC, under the Older Americans Act, has funding for the provision of Title III
and NSI meals for the elderly and desires to allocate those funds to the RC's member jurisdictions
for the public purpose identified below; and
WHEREAS, the CSRA RC, as the state-designated Area Agency on Aging (AAA), has the
responsibility under the Older Americans Act (~306(a)(1)), and under the Georgia Department of
Human Resources (DHR) Regulations ~304.6 to provide in its area plan a comprehensive and
coordinated system for supportive services, and nutrition services; and
WHEREAS, the provisions of the OAA, as well as the DHR Regulations, clearly contemplate the
development by the RC as the AAA of cooperative arrangements with both government and non-
profit organizations to provide those services described in ~301 of the Older Americans Act; and
WHEREAS, the Federal Office of Management and Budget (OMB) Circular A-102 is the federal
guideline governing the RCs handling of federal grant funds, and also governing cooperative
agreements; and
WHEREA OMB Circular A-102, derived from 31 USC ~6301-08 notes that "a grant or cooperative
agreement shall be used only when the principal purpose of a transaction is to accomplish a public
purpose. . ."; and
WHEREAS, the CSRA RC wishes to achieve a public purpose, specifically, the provision of
nutritious meals to older citizens by passing through sub-grant funds for the nutrition services
program to its member jurisdictions and to jurisdictions authorized under DHR's contract for
FY20 1 0; and
WHEREAS, the Official Code of Georgia Annotated (OCGA) 50-8-32 "created and established as
public agencies and instrumentalities of their members..."; and
WHEREAS, OCGA 50-8-33 requires each municipality and county within the region to be a
member of the RC; and
WHEREAS, the RC, has the authority to enter into sub-grant agreements and cooperative
agreements with its member jurisdictions, and with jurisdictions authorized under DHR's FY2010
contract; and
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WHEREAS, the allocation of the nutrition service program funds (Title III and NSI) will be done
on a formula basis related to the State of Georgia's interstate funding formula (IFF); and
WHEREAS, the CSRA RC has developed an allocation plan for FY2010 nutrition funds for the
region; and
WHEREAS, each local jurisdiction operates a multi-purpose senior center, which has been
designated a focal point by the AAA and, as defined by the Division of Aging Services' Taxonomy
of Services as being "a community facility for the organization and provision of a broad range of
services, on a daily basis, to include health services (including mental health), social, nutritional,
and educational services and the provision of recreational activities for older persons"; and
WHEREAS, as the designated focal point in each county, the senior centers in the counties is
specifically eligible to serve as a congregate nutrition site; and
WHEREAS, Senior Centers are eligible to provide certain services hereinafter described in
connection with an undertaking or program (hereinafter referred to as the "Program") which is to be
wholly or partially financed by a grant from the U.S. Government through the Georgia Department
of Human Resources (hereinafter, along with the appropriate auditing agency of the entities making
such a grant, referred to as "the funding agencies"), and
WHEREAS, the CSRA RC has qualified a food vendor through an open and competitive bid
process on behalf of the region as a whole; and
WHEREAS, the Subgrantee desires to accept the funds outlined in this cooperative agreement for
the purchase of meals under the Title III and NSI programs connection with the program;
NOW THEREFORE, in consideration of the premises and the mutual covenants and agreements
hereinafter contained, the parties hereto agree as follows:
SECTION THREE
GENERAL PROVISIONS AND FINANCIAL AND PROGRAMMATIC INFORMATION
1. En2a2ement of the Sub2rantee: CSRA RC hereby agrees to allocate the funds outlined in
Section One (based on availability from the State) for the purchase of meals in the Title III
and NSI meal programs in accordance with the terms and conditions herein.
2. Scope. The Subgrantee shall be authorized to purchase Title III Cl, Title III C2, NSI Cl and
NSI C2 nutrition meals for the senior population in accordance with state and federal
guidelines and to be served in the county's senior center(s) under this agreement. To be
eligible for reimbursement as noted in Section One of this agreement, the Sub grantee must
purchase its meals from the RC's qualified nutrition program food vendor.
3. Qualified Nutrition Pro2ram Food Vendor. The qualified nutrition program food vendor
for FY2010 is G.A. Food Service, Incorporated. This vendor was selected under an open
and competitive bid placed by the RC on behalf of its member jurisdictions. G.A. Food
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(b) Final Payment.
(1) The Subgrantee's payment request for the last month of the agreement term
must be received by CSRA RC no later than five days after the termination date
of this agreement. Proposed adjustments subsequent to this date are to be
requested within ten days of agreement termination. CSRA RC may, at its
discretion, disallow payment of all or part of a final request received after this
deadline.
(2) The final request will be the request submitted on or before the fifth day
following the termination date. Adjusted reports received by CSRA RC on or
before the tenth day after the agreement termination will become the final
request.
(3) Upon receipt by CSRA RC of the Subgrantee's final payment request and all
other required documentation, CSRA RC will review such documents and make
comparisons among the costs authorized in Attachment "A" for each cost center
and the cumulative value of all payments for each cost center. Based on such
comparisons and upon its determination that all other requirements hereunder
have been completed, CSRA RC will make either a final payment to the
Subgrantee for any allowable expenditures in excess of prior payments for each
cost center or request from the Subgrantee reimbursement of any overpayment.
The Sub grantee shall refund to CSRA RC any such overpayment within thirty
calendar days of notification by CSRA RC.
(c) Advance Payments. This agreement is a reimbursable agreement. No advance
payments will be made.
6. Communications. All formal communication regarding this agreement shall be in writing
between the person executing this agreement on behalf of the Subgrantee (executor) and
CSRA RC's Executive Director. Formal communications regarding this agreement shall
include, but not necessarily be limited to amendments, correspondence, progress reports and
fiscal reports. The Subgrantee shall bear the cost and other liability risks of making any
changes covered by this agreement in advance of receiving a formal agreement change order
from the CSRA RC Executive Director. The Subgrantee executor and CSRA RC's
Executive Director shall each have the right to designate in writing to the other an agent to
act in his or her behalf regarding this agreement. Any restrictions to such designation shall
be clearly defined in the written designation.
7. CSRA RC's Deshmated Ae:ent. According to the paragraph titled "Communications"
above, CSRA RC's Executive Director hereby designates JEANETTE CUMMINGS, CSRA
RC'S AREA AGENCY ON AGING DIRECTOR, as his agent for purposes of this
agreement only, except for executing amendments (see paragraph titled "Amendments"
below) or terminations (see paragraph titled "Terminations" below) or for interpretation of
the requirements of this agreement. In addition, all formal communications regarding this
agreement to include correspondence, reports, and requests for payments shall be submitted
directly to the CSRA RC's AAA CONTRACT MANAGER, JACKIE HARRIS and copied
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The CSRA RC and the State Department of Human Resources shall have the right to
monitor and inspect the operations of the Subgrantee and any fourth party Subgrantees
(subcontractors) for compliance with the provisions of this agreement and all applicable
federal and state laws and regulations, with or without notice, at anytime during the term of
this agreement. The Subgrantee agrees to cooperate fully with these monitoring and
inspection activities. Such monitoring and inspection activities may include, without
limitation, on-site health and safety inspections, financial and behavioral health/clinical
audits, review of any records developed directly or indirectly as a result of this agreement,
review of management systems, policies and procedures, review of service authorization and
utilization activities, and review of any other areas, activities or materials relevant to or
pertaining to this agreement. The Department and/or CSRA RC will provide the Sub grantee
with a report of any findings and recommendations and may require the Sub grantee to
develop corrective action plans as appropriate. Such corrective action plans may include
requiring the Subgrantee to make changes in service authorization, utilization practices,
and/or any activity deemed necessary by the Department and/or CSRA RC.
The Central Savannah River Area Regional Commission's Commission of Directors has
established the following sanctions for any violations of this section of the agreement:"If at
any time an official representative of the CSRA RC (a staff member and/or an outside party
hired to review certain records, documents, and/or procedures) is denied access to the
information requested, or if the Contractor does not provide such information as requested,
the CSRA RC will withhold any pending and/or future payments for services rendered until
such time that the information is presented."
10. General.
(a) The Subgrantee agrees to carry out the program in accordance with all terms,
provisions and conditions of the applicable guidelines and regulations issued by the
funding agencies (e.g., the Older Americans Act of 1965, as amended, 45 CPR 74,
45 CPR 92, and 45 CPR 202). CSRA RC shall determine the appropriateness and
application of such terms, provisions, and conditions. The Subgrantee also agrees to
carry out the program in compliance with requirements relating to the application,
acceptance and use of Federal funds for this program, including, but not limited to,
Executive Order 12372 and 41 CPR 29-70 or 45 CPR 74 or 45 CFR 92, as
appropriate. The Subgrantee assures and certifies that it shall comply with all
requirements imposed by CSRA RC or the funding agencies concerning special
requirements of law or program requirements including, but not limited to, 45 CFR
1321, or 45 CPR 202, as appropriate.
(b) The Sub grantee agrees that the purpose of this program is to develop greater service
capacity and to foster the development of comprehensive and coordinated service
delivery systems to serve older persons and others deemed in need. To accomplish
this purpose, the Subgrantee agrees to execute a program which will:
(1) secure and maintain maximum independence and dignity in a home
environment for older persons and other eligible individuals capable of self-
care with appropriate supportive services;
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(t) Supportive services and nutrition services, if any, included in this agreement, are
aggregated into defined sub-elements. Descriptions of these sub-elements are on file
at CSRA RC and are incorporated herein by reference. The service standards listed
in Attachment A wherefore shall be the basis for determining the Sub grantee ' s
performance of supportive services and nutrition services.
13. Termination of Services to Clients. The Sub grantee agrees, with respect to any individual
who is a potential program participant or a potentially aggrieved program participant, to
provide such individual with meaningful opportunity to be heard concerning his or her
eligibility or continuing eligibility at a hearing. The Sub grantee shall have procedural
requirements which, at a minimum, include all of the safeguards and elements of the model
Client Grievance/Complaint Procedure on file at CSRA RC and available from CSRA
RC upon written request.
14. Reports. The Subgrantee shall furnish CSRA RC with monthly program performance
reports, in such form as may be specified by CSRA RC, describing the work accomplished
by the Subgrantee. Such report(s) shall be furnished to CSRA RC within five days after the
end of the period reported. All due dates in this agreement shall be based on calendar days.
If any such due date should occur on Saturday, Sunday or CSRA RC holiday, the next
CSRA RC workday shall be considered the due date.
15. Riehts in Documents. Materials and Data Produced. The Subgrantee agrees that all
reports, studies, records, and other data prepared by or for it under the terms of this
agreement shall be the property of CSRA RC upon termination or completion of the work.
CSRA RC shall have the right to use the same without restriction or limitation and without
compensation to the Subgrantee other than that provided for in this agreement. For the
purposes of this contact, "data" includes writings, sound recordings, photographs, films,
videotapes or other graphic representations and works of a similar nature. No documents,
material or data produced in whole or in part under this agreement shall be the subject of an
application for copyright by or on behalf of the Sub grantee or its fourth party Sub grantees.
The Subgrantee acknowledges that matters regarding the rights to inventions and materials
generated by or arising out of this agreement may be subject to certain regulations issued by
the funding agencies. Information regarding the applicability of such regulations to a
specific situation may be obtained by written request to CSRA RC.
16. CSRA RC'S Rieht to Suspend Aereement. The CSRA RC reserves the right to suspend
the agreement/sub grant in whole or in part under this agreement provision if it appears to the
CSRA RC that the Sub grantee is failing to substantially comply with the quality of service
or the specified completion schedule of its duties required under this agreement, and/or to
require further proof of reimbursable expenses prior to payment thereof, and/or to require
improvement, at the discretion of the CSRA RC, in the programmatic performance or
service delivery and/or to comply with any order or directive of a state or federal agency or
court or arbitrator(s) with jurisdiction, by law or by consent, over the CSRA RC.
17. Cooperation in Transition of Services. The Subgrantee agrees upon termination of this
agreement, in whole or in part, for any reason that the Subgrantee will cooperate as
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agrees if patentable items, patent rights, processes, or inventions are produced in the course
of work supported and funded by this agreement, to report such facts in writing promptly
and fully to the CSRA RC. The CSRA RC, the federal agency, and DHR shall determine
whether protection of the invention or discovery shall be sought. The CSRA RC, the federal
agency and DHR will also determine how the rights to the invention or discovery, including
rights under any patent issued thereon, shall be allocated and administered in order to protect
the public interest consistent with Government Patent Policy.
Copvril!hts. Except as otherwise provided in the terms and conditions of this agreement, the
author or the CSRA RC or DHR is free to copyright any books, publications, or other
copyrightable materials developed in the course of, or under this agreement. Should any
copyright materials be produced as a result of this agreement, the CSRA RC, the federal
agency and DHR shall reserve a royalty-free nonexclusive and irrevocable right to
reproduce, modify, publish, or otherwise use and to authorize others to use the work for
government, CSRA RC, and/or departmental purposes.
Publications: All publications, including pamphlets, art work, and reports shall be
submitted to the CSRA RC on disk or electronically.
21. Financial Manal!ement System. Subgrantee certifies that its financial management system
currently complies and will continue to comply with all of the standards for financial
management systems specified in 45 CFR 74, or 45 CFR 92, or 41 CFR 29-70 as
appropriate. In addition, the Subgrantee agrees to accurately maintain its financial records
for each cost center as specified in Attachment C in such form and utilizing such procedures
as CSRA RC or the funding agencies may require. This includes, but it not limited to, the
requirement that Sub grantee financial records shall provide for (1) accurate, current, and
complete disclosure of the financial results of each cost center; (2) records that identify
adequately the source and application of funds by cost center for activities supported under
this agreement; and (3) time, attendance, and payroll distribution records to support salaries
and wages paid to employees of the Subgrantee.
22. Emplovee's Rate of Compensation. The rate of compensation for work performed under
this program by a staff member or employee of the Sub grantee shall not exceed the
compensation of such person that is applicable to his or her other work activities for the
Subgrantee. Time and attendance and payroll distribution records shall support charges for
salaries and wages of individual employees.
23. Financial Reports. In addition to other records required by this agreement, the Subgrantee
agrees to provide to CSRA RC such additional financial reports in such form and frequency
as CSRA RC may require in order to meet the CSRA RC's requirements for reporting to
funding agencies.
24. Audits. Subgrantees that expend $500,000 or more in Federal funds during their fiscal year
agree to have a single entity-wide audit conducted for that year in accordance with the
provisions of the Single Audit Act Amendments of 1996 (Public Law 104-156) and their
implementing regulation, OMB Circular A-B3 entitled, "Audits of States, Local
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agent, fourth party Subgrantees or otherwise. If the Subgrantee contemplates taking some
action which may constitute a violation of this paragraph, and Subgrantee shall request in
writing the advice of CSRA RC, and if CSRA RC notifies the Subgrantee in writing that the
Subgrantee's contemplated action will not constitute a violation hereof, then the Subgrantee
shall be authorized to take such action without being in violation of this paragraph.
26. Interest of Members of CSRA RC and Others. No officer, member or employee of
CSRA RC, and no public official of any local government which is affected in any way by
the program, who exercises any function or responsibilities in the review or approval of the
program or any component part thereof, shall participate in any decision relating to this
agreement which affects his or her personal interests or the interest of any corporation,
partnership or association in which he or she is directly, or indirectly, interested; nor shall
any such officer, member or employee of CSRA RC, or public official of any local
government affected by the program, have an interest, direct, in this agreement or the
proceeds arising therefrom.
27. Officials Not to Benefit. No member or delegate to the (1) Legislature of the State of
Georgia, elected or appointed State of Georgia official, or employee of the State of Georgia
Department of Human Resources (and Division of Aging Service) and (2) Congress of the
United States of America, resident commissioner or employee of the United States
Government, shall participate or influence any decision relating to the award or
administration of this agreement which affects his or her personal interests or the interests of
any corporation, partnership or association in which he or she is directly, or indirectly, has
any involvement.
28. Restrictions on Hirine: of CSRA RC Emplovees. The Sub grantee and any associated
fourth party Sub grantees shall not hire, retain, or engage in any paid or unpaid capacity
(employee, consultant, or advisor) an employee (full-time, part-time, or consultant) of the
CSRA RC within a twelve (12) month period after the termination date of this agreement
without the express written consent of the CSRA RC's Executive Director. Further, any
former CSRA RC employee who is hired, retained, or engaged having met the above 12
month restriction may not be directly involved with the management and performance of
this agreement without the express written approval of the CSRA RC Executive Director.
Sub grantee violation of this restriction shall be grounds for agreement termination at the
CSRA RC's discretion.
29. Project Administration.
(a) The Subgrantee agrees that the Subgrantee executor is responsible for ensuring that
all terms and conditions of the agreement are fully met to CSRA RC's satisfaction.
(b) The Subgrantee agrees that all persons who administer the funds associated with this
agreement on behalf of the Sub grantee will be responsible to the Subgrantee
executor.
(c) The Subgrantee agrees that the Subgrantee executor and all persons who administer
the funds associated with this agreement on behalf of the Subgrantee will be bonded
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(g) If the Sub grantee subcontracts for the provision of any deliverables pursuant to this
agreement, the Subgrantee agrees to include the following in each subcontract:
1. Stipulations that the fourth party Subgrantees is required to adhere to each
provision of this agreement related to the quality and quantity of deliverables,
compliance with state and federal laws and regulations, confidentiality, auditing,
access to records and agreement administration.
2. A clear statement of the service or product being acquired through said
subcontract with detailed description of cost including properly completed
Division of Aging Services Unit Cost Methodology documentation, as
appropriate.
(h) The Subgrantee shall promptly pursue, at its own expense, appropriate legal and
equitable remedies against any fourth party Sub grantees who fails to adhere to the
agreement requirements. The Subgrantee's failure to proceed against a fourth party
Sub grantees will constitute a separate breach by the Subgrantee in which case the
CSRA RC may pursue appropriate remedies as a result of such breach.
Failure by the Sub grantee to comply with the provisions of this paragraph in a timely
manner as determined by CSRA RC, may at CSRA RC's discretion result in disallowance or
delay in payment under the Paragraph titled Method of Payment or in termination pursuant
to the Paragraph titled Termination.
31. Asshmabilitv. The Subgrantee shall only assign, sublet or transfer all or any portion of its
interest in this agreement with the prior written approval of CSRA RC.
32. Amendments. The CSRA RC may require changes in this agreement from time-to-time.
Such changes, including any increase or decrease in the amount of the Subgrantee's
compensation shall be incorporated in written amendments to this agreement. Only the
CSRA RC's Executive Director may execute amendments to this agreement on behalf of the
CSRA RC.
33. Disputes and Appeals. The CSRA RC Executive Director shall decide any questions
arising under this agreement. Such questions must be submitted to the CSRA RC's
Executive Director in writing via certified mail, return-receipt requested. The CSRA RC's
Executive Director shall reduce such decision concerning the question to writing and mail or
otherwise furnish a copy thereof to the Subgrantee within ten (10) business days after receipt
of the question. The Subgrantee agrees that the decision of CSRA RC's Executive Director
shall be final and conclusive unless, within ten (10) days of receipt of such copy, the
Sub grantee mails or otherwise furnishes a written request for appeal concerning the question
of fact to CSRA RC's Commission of Directors, who shall arrange a formal hearing within
thirty (30) business days after receipt of the appeal request. All such requests must be
mailed via certified mail, return-receipt requested to the attention of the CSRA RC's
Commission of Directors at 3023 River Watch Parkway, Suite A, Augusta, GA 30907. Both
the Subgrantee and CSRA RC's Executive Director shall have the right to present witnesses
and give evidence concerning the question of fact at such time. Within thirty-two (32) days
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of a grant is to provide employment. It will not discriminate against any
qualified employee, applicant for employment or service fourth party
Subgrantees, or client because of age, disability, religion, creed or belief,
political affiliation, race, color, sex or national origin. The Subgrantee shall
take affirmative action to ensure that qualified applicants are employed and
qualified fourth party Subgrantees are selected, and that qualified employees
are treated during employment, without regard to their age, disability,
religion, creed or belief, political affiliation, race, color, sex or national
origin. Such action shall include but not be limited to the following:
employment, upgrading, demotions, or transfers; recruitment or recruitment
advertising; layoffs or terminations; rates of payor other forms of
compensation; selection for training including apprenticeship, and
participation in recreational and educational activities. If the Sub grantee has
fifty or more employees (regardless of the funding sources) and if the total
compensation and reimbursement to be paid to the Subgrantee as specified in
Attachment "A" of the agreement is fifty thousand dollars ($50,000) or more,
the Subgrantee certifies that: (A) It has developed a written Affirmative
Action Program (AAP) which includes: an analysis of the Subgrantee's work
forces showing by job category the extent to which minorities and females
are being underutilized, and where minorities and females are being
underutilized, realistic goals and timetables in each job category for
correcting the underutilization; and (b) it presently has such a plan in effect
and such plan will remain in effect at least until the program completion date
of this agreement. The Sub grantee agrees to post in a conspicuous place
available to employees and applicants for employment, notices to be provided
setting forth the provisions of this non-discrimination clause.
The Sub grantee shall in all solicitations or advertisements for fourth party
Subgrantees or employees placed by or on behalf of the Sub grantee, state that
all qualified applicants will receive consideration for employment without
regard to age, disability, religion, creed or belief, political affiliation, race,
color, sex or national origin. The Subgrantee shall not discriminate against
any qualified client or recipient of services provided through this agreement
on the basis of age, disability, religion, creed or belief, political affiliation,
race, color, sex or national origin. The Subgrantee shall cause the foregoing
provisions to be included in all subcontracts for any work covered by this
agreement so that such provisions will be binding upon each fourth party
Subgrantees, provided that the foregoing provisions shall not apply to
subcontracts for less than ten thousand dollars ($10,000).
The Sub grantee shall keep such records and submit such reports concerning
the racial and ethnic origin of applicants for employment and employees as
CSRA RC or the funding agencies may require.
The Subgrantee agrees to comply with such rules, regulations or guidelines as
CSRA RC or the funding agencies may issue to implement the requirements
of this paragraph.
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financial assistance for construction or acquisition purposes for use in any
area that has been identified by the Secretary of the Department of Housing
and Urban Development as an area having special flood hazards.
(10) The Sub grantee agrees to abide by all State and Federal laws, rules and
regulations and DHR and Division of Aging Services policy or procedure on
respecting confidentiality of an individual's records. The Sub grantee further
agrees not to divulge any information concerning any individual to any
unauthorized person without the written consent of the individual employee,
client or responsible parent or guardian.
(12) The Subgrantee agrees to comply with all applicable provlSlons of the
Americans with Disabilities Act (ADA) and any relevant federal and state
laws, rules and regulations.
35. Property Mana2ement Standards. The Subgrantee agrees:
A. That all non-expendable personal property purchased, in total or in part, with
funds received from the CSRA RC during the term of this agreement and all
previous agreements is property of the CSRA RC and is subject to the rules and
regulations of the CSRA RC throughout the life and disposition of said property.
Said property cannot be transferred or otherwise disposed of without prior
written approval of the CSRA RC.
B. To adhere to all policies and procedures as promulgated in the State of Georgia's
Department of Human Resources' DHR Administrative Policy and Procedures
Manual, Part IX, the Property Management Manual, and, if applicable, the
Vehicle Management Manual, which are by reference made a part of this
agreement. Subgrantee understands that the requirements for inventory of
property (at least every two years) and a control system to safeguard against loss,
damage or theft as contained in the property manual shall be followed.
C. That property records shall be maintained accurately and reported on Form
#5111, Detailed Equipment Listing, within 30 days after acquisition of such
property, to the CSRA RC as indicated below:
CSRA Regional Commission
Attn; Property Control
3023 River Watch Parkway, Suite A
Augusta, GA 30907
D. In the event that this agreement is terminated prior to expiration or is not
renewed, Subgrantee agrees to properly dispose of all CSRA RC property as
follows:
1. Prepare Form 5086, Equipment Status Change form listing all CSRA RC
equipment in the Subgrantee's possession and send this form to the
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Any Subgrantee who makes a prohibited expenditure or who fails to file or amend
the disclosure form, as required, shall be subject to a civil penalty of not less than
$10,000 and not more than $100,000 for each such expenditure.
An imposition of a civil penalty under this action does not prevent the United States
from seeking any other remedy that may apply to the same conduct that is the basis
for the imposition of such civil penalty.
The Sub grantee shall require that the prohibitions and requirements of this paragraph
included in the award documents for all subawards at all tiers (including
subcontracts, purchase of service agreements, and contracts under grants, loans, and
cooperative agreements) and that all subrecipients shall certify and disclose
accordingl y.
37. Debarment. In accordance with Executive Order 12549, Debarment and Suspension, and
implemented at 45 CFR Part 76, 100-510, the Sub grantee shall certify that neither it nor its
principals are presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded from participation in this agreement by any federal department or
agency. The Subgrantee further agrees that it will include the requirement for the
"Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion -
Lower Tier Covered Transaction," without modification, in all lower tier transactions and in
all solicitations for lower tier covered transactions.
38. Compliance with Requirements of the Georeia Department of Human Resources
(DHR). The Subgrantee shall be bound by the applicable terms and conditions of the
purchase of service contract between CSRA RC and DHR, which is on file in the offices of
CSRA RC and is hereby made a part of this agreement as fully as if the same were attached
hereto. If any of the terms and conditions of this agreement conflict with any terms and
conditions of the purchase of service contract, the Sub grantee agrees to abide by the terms
and conditions of the contract, which shall be controlling unless prior written consent to the
contrary is received from CSRA RC.
39. Documentation of Rent Costs. All Subgrantee budgeted rent line items or maintenance in
lieu of rent line items on privately owned buildings must be supported by three (3) separate
Statements of Comparable Rent, DHR Form #5465 (copies available from the Department).
Public facility maintenance in lieu of rent budgeted by the Subgrantee will be supported by a
Local Statement of Service and Maintenance Cost in Lieu of Rent in Public Buildings, DHR
Form #5464, and by three separate Statements of Comparable Rent, DHR Form #5465
(copies available from the Department). Rent per se is not applicable for publicly owned
facilities/buildings unless newly occupied on or after October 1, 1980, in accordance with
OMB Circular A-87.
40. Criminal Records Investieation:
(a) The Subgrantee agrees that, for the filling of positions or classes of positions having
direct care/treatment custodial responsibilities for services rendered under this
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law enforcement agency. Ethics violations may result in criminal prosecution and may be
pursued based on the provisions pertinent laws and regulations. When conducting such
investigations, the Department will inform the contractor of the exact nature of the
complaint and may require the contractor to conduct its own intemal investigation. The
Department will document its investigation's findings and conclusions and inform the
contractor and the complainant of the results. If an investigation indicates there is a
substantiated situation in which there is a question of ethics code violations, the Department
will require the contractor to take corrective action and/or refer the complaint to appropriate
law enforcement agencies.
43. CSRA RC Ethics Hotline. The Central Savannah River Area Regional Commission has
initiated and established an ethics hotline. All recipients of sub grants, contracts,
subcontracts, and/or cooperative agreements are required to take proactive steps to ensure
that employees within their agencies are aware of the CSRA RC's ethics hotline. To this
end, the subgrantee must provide its employees with a copy of the CSRA RC's ethics
hotline information brochure and each employee must sign an acknowledgement that the
information has been provided to himlher. Copies of all acknowledgements must be
maintained in the records associated with this agreement and are subject to review by the
CSRA RC at all times.
44. Termination.
A. Due to non-availability of funds. Notwithstanding any other provlSlon of this
agreement, in the event that any of the funding sources of for payments to the CSRA RC
for services under this agreement no longer exist, or in the event the sum of all
obligations of the Center incurred under this and all other agreements entered into for
this program exceeds the balance of such agreement sources, then this agreement shall
immediately terminate without further obligation of the CSRA RC as of that moment.
The certification by the Commissioner of the Department of Human Resources of the
occurrence of either of the events stated above shall be conclusive.
B. Due to default or for cause. This agreement may be terminated for cause, in whole or
in part, at any time by the CSRA RC for failure of the Subgrantee to perform any of the
provisions hereof. Should the CSRA RC exercise its right to terminate this agreement
under the provisions of this paragraph, the termination shall be accomplished in writing
and specify the reason and termination date. The Sub grantee will be required to submit
the final agreement expenditure report not later than 45 days after the effective date of
written notice of termination. Upon termination of this agreement, the Subgrantee shall
not incur any new obligations after the effective date of the termination and shall cancel
as many outstanding obligations as possible. The above remedies are in addition to any
other remedies provided by law or the terms of this agreement.
C. For Convenience of the Subgrantee. This agreement may be cancelled or terminated
by the Subgrantee without cause; however, the Subgrantee must give written notice of its
intention to do so to the CSRA RC at least sixty (60) days prior to the effective date of
cancellation or termination.
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45. Sub2rantee/Fourth-Partv License ReQuirements. The Subgrantee agrees to maintain any
required city, county and state business licenses and any other special licenses required,
prior to and during the performance of this agreement. The Sub grantee is responsible to
ensure that fourth party (sub-subgrantees) contractors are appropriately licensed. The
Subgrantee agrees that if it loses or has sanctioned any license, certification or accreditation
required by this agreement or state and federal laws, that this agreement may be terminated
immediately in whole or in part.
46. AIDS Policy. Subgrantee agrees, as a condition to provision of services to the CSRA RC's
and/or DHR's consumers/customers/clients/patients, not to discriminate against any
consumer/customer/client/patient who may have AIDS or be infected with Human
Immunodeficiency Virus (HIV). The Subgrantee is encouraged to provide or cause to be
provided appropriate AIDS training to its employees and to seek AIDS technical advice and
assistance from the appropriate division or office of DHR, as the Subgrantee deems
necessary. The Subgrantee further agrees to refer those consumers/customers/clients/patients
requesting additional AIDS related services or information to the appropriate county health
department.
Notwithstanding subparagraph A above, if the Subgrantee is a county board of health it
agrees to comply with the Joint Advisory Notice, entitled "Protection Against Occupational
Exposure to Hepatitis B Virus (HBV) and Human Immunodeficiency Virus (H IV)," dated
October 30, 1987. from the Department of Labor/Department of Health and Human Services
and which has been made available to the board. The board further agrees that in the
implementation of the Department's programs it will follow those standard operation
procedures developed and identified by the appropriate program division of the Department
as applicable to the specific programs and as provided to the board by the program division.
Subgrantee agrees, as a condition to provision of services to the CSRA RC's and/or DHR's
consumers/customers/clients/patients, not to discriminate against any consumer/cus-
tomer/client/patient who may have AIDS or be infected with Human Immunodeficiency
Virus (HIV). The Subgrantee is encouraged to provide or cause to be provided appropriate
AIDS training to its employees and to seek AIDS technical advice and assistance from the
appropriate division or office of DHR, as the Subgrantee deems necessary. The Subgrantee
further agrees to refer those consumers/customers/clients/patients requesting additional
AIDS related services or information to the appropriate county health department.
Notwithstanding subparagraph A above, if the Subgrantee is a county board of health it
agrees to comply with the Joint Advisory Notice, entitled "Protection Against Occupational
Exposure to Hepatitis B Virus (HBV) and Human Immunodeficiency Virus (H IV)," dated
October 30, 1987 from the Department of Labor/Department of Health and Human Services
and which has been made available to the board. The board further agrees that in the
implementation of the Department's programs it will follow those standard operation
procedures developed and identified by the appropriate program division of the Department
as applicable to the specific programs and as provided to the board by the program division.
47. Indemnification of CSRA RC. Subgrantee hereby waives, releases, relinquishes,
discharges and agrees to indemnify, protect and save harmless the State of Georgia
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20. thereof with a valid and enforceable provision which comes as close as possible to
expressing the intention of the stricken provision.
21. Enforcement. This Agreement shall be governed and construed in accordance with the
laws of the State of Georgia. In any action or proceeding arising under this Agreement,
the Superior Court of Richmond County, Georgia shall have and may exercise exclusive
personal jurisdiction over all parties hereto, and in any such action or proceeding in said
venue shall be proper. In any such action or proceeding, service of process upon any
pmty may be perfected, in addition to any other manner provided by applicable law, by
personal delivery or by mail, with an appropriate return of service being made in writing
and filed with said Court.
IN WITNESS WHEREOF, the Subgrantee and the CSRA RC have executed this agreement as
of the day first above written.
ATTEST:
Augusta, Georgia, apolitical sub-division of the
State of Georgia
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Address for Official Notices:
Deke Copenhaver, Mayor
530 Ellist Street Rm. 806
Augusta, GA 30911
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By:
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Title
DATE
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ATTEST:
CSRA REGIONAL COMMISSION
3023 Riverwatch Parkway, Suite A
Augusta, Georgia 30907-2016
By:
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Executive Director
~/31 / 01
DATE
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ATTACHMENT A
Program and Service Performance Requirements
Aueusta. Georeia. a political sub-division of the State of Georeia
I. General: The work to be accomplished by the subgrantee is in support of the following
CSRA RC work program components, hereinafter referred to as "Cost center (s)".
Cost Center No.
Cost Center Title
10-08-2110
Congregate Meals
Home-delivered Meals
Contract Units
Persons Served
Congregate Meals - 2,340- NSIP
Congregate Meals - 41,578 - T3C 1
Home-delivered Meals - 12,971-NSIP
Home-delivered Meals - 15,167- T3C2
24
166
52
61
The subgrantee's monthly program performance reports will separately detail
Progress made relative to each CSRA RC cost center.
II. Area Covered: The sub grantee shall perform all the services provided for under
this contract within and respecting the following geographic area, herein called the
"service delivery area."
Richmond County
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Ill. Work Services: As a provider under this agreement, the Subgrantee shall be responsible for
the following general activities:
1. The Subgrantee shall submit quarterly narrative reports that document efforts to
develop new sources of community support, both public and private, during the
agreement period. Reports are due on the 10th of the succeeding month.
2. The Subgrantee shall attend all regularly scheduled and/or called CSRA RC-
sponsored meetings and training sessions.
3. The Subgrantee shall be responsible for developing, maintaining, and fulfilling all
written working agreements called for in each cost center.
4. The Subgrantee shall maintain and distribute an updated agency brochure describing
available services within its service area. In addition, the Sub grantee shall develop
and implement publication strategies that foster high visibility and promote positive
public awareness of the aging program and issues facing older adults.
5. The Subgrantee shall encourage and document efforts to generate the program
income budgeted in each sub-element.
6. The Subgrantee shall implement the automated client tracking system and shall do so
consistent with the policies and procedures promulgated by the Division of Aging
Services for MIS or CSRA RC.
7. The Sub grantee shall notify CSRA RC promptly of any changes in service delivery,
organization or sites.
8. The Subgrantee shall do, perform, and carry out, in a satisfactory manner, as
determined by CSRA RC's cognizant department director, the goals and objectives
required to fulfill this agreement.
9. The Subgrantee shall implement customer satisfaction feedback and provide annual
evaluations. The Subgrantee shall do, perform, and carry out, in a satisfactory
manner, as determined by CSRA RC's cognizant department director, the following
specific work and services.
/11/11/11/11/1/1/1/11/11/1/111/111/111/11/1/1/111/1
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11.2 Required data elements:
(a) Items 1-25 on the front of the form
(b) Items 34 and 35, on the reverse side, regarding NSI Checklist Scores.
(NAPIS)
(c) Items 47 and 48 (reverse side), regarding number of ADLs and IADLs
(NAPIS)
(d) Items 52, 53 and 54 (reverse side), regarding service dates and case
disposition/termination
(e) Agency/Provider information
11.3 When form is to be completed or information is to be updated:
(a) Effective July 1, 1997, for all new clients being registered with the
MIS
(b) At the time of the first or subsequent annual reassessment for ongoing
clients
(c) At any time that there is a change in any of the required data for any
client
(d) When a client is moved from a waiting list to active service status
(e ) Upon closure or termination of the case.
1I.4 Retention and distribution of the form:
(a)
Keep the original form completed for initial registration of the client
in the client record.
(b)
Provide a copy of the original form, and of any updated information,
to the data entry staff for processing.
(c)
If adding or changing information after initial registration, complete a
new form if necessary, or add or change the information (suggestion:
Use a 'highlighter' marker to enter changes on the data entry copy.)
Retain the original in the client record.
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This score, whether the same or different, shall be entered into the Title
III/SSBG Subsystem, using the Tracking form to update the information.
{See IIA (c.)}
IVA Baseline NSI "DETERMINE" Checklist Scores shall be detemzined for all
current nutrition service clients and recipients of homemaker, in-home
respite, and adult day health services (regardless of fund source) at the time
of the next scheduled reassessment, and entered into the Title III/SSBG
Subsystem, using the Tracking form to capture the information.
{See 11.4 (c).}
IV.5 The risk status for all clients in the specified services shall be tracked for the
duration of their participation in the service program using the Checklist and
Tracking forms for data collection and data entry on an annual review basis.
IV.6 Wherever feasible, nutrition service applicants/participants with risk scores of
6 or higher shall be referred for additional individualized nutrition screening
(Level I Screening) and counseling by a registered dietician.
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THIS SPACE LEFT INTENTIONALLY BLANK
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Funds projected to be contributed by participant(s) or person(s) on behalf of a particular
participant(s) of the program during the period of this subgrant agreement. Expenditure of
this resourc~ is limited to_funds actuallYmreceive<L up to- the amount shown on. the
"Distribution of Resources" exhibit. If program income is generated in excess of the amount
shown on the "Distribution of Resources" exhibit, an agreement amendment executed by
both parties is required prior to expenditure.
All program income is bound by the same guidelines and requirements governing the
expenditure of all funds in this agreement. It is a resource to be budgeted and accounted for
by service.
V. General:
A. The Subgrantee agrees that the "year to date" percent of annual budget expended (by
service or by category, and/or by Part, as appropriate) shall be in approximate
alignment with the "year to date" percent of units of service delivered.
B. The Subgrantee agrees that Match and Program Income collected shall be expended
monthly or at intervals such that state and federal funds are not expended at an
accelerated rate (e.g. 10 percent match to 90 percent state and federal funds in Title
III; and 12 percent match to 88 percent state and federal funds in SSBG).
C. The Subgrantee agrees to furnish annual cost/cash contribution or in-kind match for
Title III, as appropriate, which represents 10 percent of the total cost of this
agreement. The certified cost/expenditures or in-kind match values will be
expended/recorded by the Subgrantee monthly at 10 percent of the total monthly
project expenditures for each service claimed for reimbursement.
D. The Subgrantee agrees to furnish annual cost/cash contribution or in-kind match for
SSBG which represents 12 percent of the total cost of this agreement. The certified
cost/expenditures or in-kind match values will be expended/recorded by the
Subgrantee monthly at 12 percent of the total monthly project expenditures for each
service claimed for reimbursement. The Sub grantee agrees that CSRA RC may
withhold reimbursement if compliance is not maintained with A., B., and C. above or
if satisfactory explanations are not provided regarding the provision of units of
service and dollars expended.-
F. Any advance under this agreement must be returned to CSRA RC prior to end of the
agreement period. The Subgrantee further agrees that upon termination of this
agreement for any reason, all unexpended funds held by the Sub grantee shall revert
to CSRA RC. The Subgrantee further agrees that the "advance of funds" will be
repaid in three equal installments during March, April, and May of this agreement
period unless CSRA RC's Director of Finance and Administration gives written
approval for another repayment schedule. Should any interest be earned on funds
that were advance by CSRA RC, the Subgrantee will apply the interest to the cost of
this agreement prior to making a reimbursement/payment request to CSRA RC.
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