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HomeMy WebLinkAboutCSRA AREA AGENCY ON AGING COOPERATIVE TITLE 111 AND NSI NUTRITION MEALS Y 2010 . -, , ~.jJ> ^ 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 2:59 PM 6/25/2009 . FY10 ~ C5'I16/h ~ .1. - AM FY20iO i'_WER CONTRACT 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 Version 201O-1-A Page 2 of 35 ..1 It AM FY20lO P./DER CONTRACT 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 Version 2010-] - A Page 3 of 35 ..1.. It AAA FY20lO pllDER CON7RACT (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 Version 201O-I-A Page 5 of 35 ..1- e AM FY2010 .mER CONTRACT 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; Version 2010-1- A Page 7 of 35 _I It MA FY2010 pllDER CONTRACT (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 Version 201O-I-A Page 9 of 35 _1- e e AAA FY2010 PROViDER CONTRACT 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 Version 201O-i-A Page ii of 35 _I., e AAA FY20JO plIDER CONTRACT 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 Version 201O-1-A Page 13 of 35 _I., e e AM FY20lO PROVIDER CONTRACT (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 Version 201O-I-A Page 15 of 35 e e AAA FY20JO PROVIDER CONTRACT ..1- 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. Version 201O-I-A Page 17 of 35 ~I", e e AAA FY20JO PROVIDER CONTRACT 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 Version 201O-1-A Page 19 of 35 .1, e e AAA FY20JO PROViDER CONTRACT 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 Version 2010-I-A Page 21 of 35 ..1.. e e AM FY20JO PROViDER CONTRACT 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. Version 201O-I-A Page 23 of 35 .1- e e MA FY2010 PROVlDER CONTRACT 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 Version 2010-I-A Page 25 of 35 .1 e AAtY20/0 PROVIDER CONTRACT 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 7J 4. ....~.:1l."'-"'".. ..~~- j)CH....10vi.'" ~~!77):.. (oo.t !II'::,'," ~~''',lI, ~/.;~. ;:t~. .. (.;~~o:.___,._,i';:'":,_},./;,",;; . 1. . ~ "'\';"'~";;'J"~';'..l> . ~ () ~,.,r,/~' - ~ i--.r' ;.... ....... ~ .1iI " ./...'...."..... '".'>''''''' . ~ ! ~ ~ . ,1"::;':':to:;Oe;..,-':'A~t ~.~. o~" ~ " r;. ~ 4l\J.~~4''l,~,!tJ~',~._..r" I! "\ .. ....1'.." jJ ... ~\~;.s .. ~ .. .. I .........a .. \\-..... GEORG\'" ./ .~"',-,,,,,,,,~ Address for Official Notices: Deke Copenhaver, Mayor 530 Ellist Street Rm. 806 Augusta, GA 30911 :.~.' -~~~':;', By: ~~ -' N,1f'...J. ,J- Title DATE ?5 ( -r ( 1>\ ATTEST: CSRA REGIONAL COMMISSION 3023 Riverwatch Parkway, Suite A Augusta, Georgia 30907-2016 By: -~ Executive Director ~/31 / 01 DATE Version 201O-I-A Page 27 of 35 'I{ 1-, e e AM FY2010 PROVIDER CONTRACT 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 Version 2010-1-A Page 28 of 35 _1- . AM FY20JO pt//JER CONTRACT 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. /11/11/11/11/1/1/1/11/11/1/111/111/111/11/1/1/111/1 111/11/11/1111/111/111/1/1/1/1/1/11/11/1/11/11111/1 THIS SPACE LEFT INTENTIONALLY BLANK /11/111/1111/1/1/1/1/1/11/1/1/11/11/1/11/1111/1/111 /1/1111/1111/1/111/11111/1/1111/1/111/11/11/1/1/111 Version 201O-1-A Page 29 of 35 ..1.. e e AAA FY2010 PROv'lDER CONTRACT 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. Version 201O-I-A Page 31 of 35 .,1,. e e I'tAA FY20lO PROVIDER CON1RACT 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. /11/11 1/ 1/ / /II 1/ 1/ 1/ /II 1/1/ /II / /II 1/ /II / 1/1/ /II / /II /11 /II 1/ 1/ 1/ / /II /II II /II // /II //11 /1/1/11 ///111///11 1/1/1/1/1/111//11 /II /II 1/ 1/ 1/ II II 1/ 1/ 1/ 1/ II 1/ 1/ II 1/ 1/1/1/1/1/111/1/1/1/1/1/1/1/1/111/1/1/111/1/1/11/11 1/1/1/1/1/111/1/1/111//111/1///1///1/1/1/1/1/1/111/ //1/1// /II //1/ //1/1/1/1/// /II / 1/ 1/ 1/ 1/ //1/1/1/// /II THIS SPACE LEFT INTENTIONALLY BLANK 1//11 //1/ 1/ 1/ 1/ //1/ 1/ 1/ 1/ 1/ 1/ // II //11/1/ 1/ /II 1/ II // 1/1///1/1///1///1/1/1/1///1/1/1///1/1///1/1/1/1//11 11/1/1/1///1/1/1/1/1/1/1/1//111/////1/1/1/1/1///1// 111/1/11/1/11/1///1/1/1/// / 11/11/11/1/ 1/ 1/ //////11/ //1/1/1/1///1/1/1/1/1/1/111111//11//1/11111111///11 111111//11//1/11111/1111//111/1/11111/1111111///11/ //////1111////111111/11//1111////11111111//1/11//// Version 201O-I-A Page 33 of 35 . . . ~I~ AAA FY2010 PROVIDER CONTRACT 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. Version 20lO-I-A Page 35 of 35 ~'............'....'... \l'L }i \"