HomeMy WebLinkAboutCSRA RDC AREA AGENCY ON AGING COOPERATIVE SUBGRANT AGREEMENT FOR SERVICES YR 2010
AAA FY2010 PROVIDER CONTRACT
SECTION TWO
AREA AGENCY ON AGING
COOPERATIVE SUBGRANT AGREEMENT FOR SERVICES
THIS COOPERATIVE SUB GRANT AGREEMENT, entered into as of the 30th day of June 2009,
by and between Augusta, Georgia, a political sub..clivision of the Su.te ef .GeertIbl (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
FY201O; 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
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3. Qualified Nutrition Program 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
Service has been competitively selected to provide all meal types for $4.25 per meal.
Attachment "A" outlines the performance measures and work scope that must be adhered to
when receiving state/federal funds for this program. The competitive invitation to bid
specifically noted that the qualified food vendor would contract directly with the local
jurisdictions.
4. Term and Time of Performance. This term of this agreement runs from July 1, 2009
through June 30, 2009. The effective date of this agreement is July 1st, 2009. All meals
outlined in Section One shall be purchased and consumed on or before June 30th, 2009.
5. Method of Payment. The amount of this agreement is included in Section One of this
agreement (page 1). Total payments from the CSRA RC to the Subgrantee shall not exceed
the maximum payments noted in Section One unless otherwise approved in writing as an
official amendment to this agreement. Such amendments shall become addendums to this
agreement. Unless otherwise specified in Attachments, which are attached hereto and made
a part hereof, the following method of payment shall be used:
(a) Progress Payments. Unless otherwise approved by CSRA RC and the funding
agencies, the Sub grantee shall be entitled to receive progress payments on the
following basis:
(1) a) Cost Reimbursement Agreement - On or before the fifth day of the month
following the month for which payment is requested, the Sub grantee shall
submit to CSRA RC, in a form acceptable to CSRA RC as specified in
Attachment "B", a request documenting actual costs incurred during that month
for each cost center as specified in Attachment "A".
b) Performance Based Fixed Rate Agreement - On or before the fifth day of the
month following the month for which payment is requested, the Sub grantee
shall submit to CSRA RC, in a form acceptable to CSRA RC as specified in
Attachment "B", a request documenting the actual number of service units
provided during that month for each cost center as specified in Attachment "A".
(2) Upon the basis of CSRA RC's determination to its satisfaction that the
Sub grantee is in compliance with the terms of this agreement, including but not
limited to the Paragraph titled Subcontracts below, and its audit and review and
approval of (1) the monthly program performance report for the relevant month,
and (2) the payment request by cost center, for the relevant month as specified
hereinabove, CSRA RC will make payment to the Subgrantee not more than
once per month.
(3) CSRA RC may, at its discretion, disallow or delay payment of all or part of a
request if CSRA RC determines that the Sub grantee is not in compliance to
CSRA RC's satisfaction with any of the terms of this agreement. Unless the
monthly program performance report and the reimbursement request are
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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
to the CSRA RC's Executive Director. Such appointments herein may be changed only by
the CSRA RC via a written addendum to this agreement.
8. Review and Coordination. To ensure adequate assessment of the Subgrantee's program
and proper coordination among interested parties, CSRA RC shall be kept fully informed
concerning the progress of the work and services to be performed hereunder. The
Subgrantee may be required to meet with designated representatives of CSRA RC and the
funding agencies from time to time to review the work and services performed. Reasonable
written notice of such review meetings shall be given to the Subgrantee. The execution of a
Health Insurance Portability and Accountability Act (HIP AA) Business Associate agreement
shall occur prior to execution of this agreement and the HIPAA Business Associate
agreement shall outline access granted to records under HIP AA regulations.
9. Access to Records and Inspections. The state and federal government and the CSRA RC
(a staff member and/or an outside party hired to review certain records, documents and/or
procedures) shall have full and complete access to all consumer/customer/client records,
administrative records, financial records, pertinent books, documents, papers,
correspondence, including e-mails, management reports, memoranda, and any other records
of the Subgrantee and fourth party Subgrantees(s). Upon request of such records, the
Sub grantee shall immediately provide the records requested. Failure to provide such records
may result in termination of the agreement and withholding of any remaining payments due
until such time the Subgrantee furnishes the records requested.
The Sub grantee has executed a Health Insurance Portability and Accountability Act
(HIP AA) Business Associate Agreement with the CSRA RC. Through the Business
Associate Agreement, the Sub grantee acknowledges and agrees that the Georgia Department
of Human Resources Division of Aging Services, including the Long- Term Care
Ombudsman, and the CSRA RC Area Agency on Aging provide functions that are
considered health oversight agencies in their funding, quality improvement and regulatory
functions. As health oversight agencies, protected health information must be shared with
them and authorization is not required, according to HIP AA. The Sub grantee is responsible
for ensuring that a HIP AA Business Associate Agreement is executed by any fourth party
Subgrantees authorizing the same level of access to the entities noted above.
The Subgrantee and fourth party Subgrantees (subcontractors) record retention requirements
are six (6) years from submission of final expenditure reports. If any litigation, claim, or
audit is started before the expiration of the six-year period, the records shall be retained until
all litigations, claims, or audit findings involving the records have been resolved.
The Subgrantee agrees that the DHR Office of Investigative Services, upon the request of
the Commissioner or his designee, has full authority to investigate any allegation of
misconduct in performance of duties arising from this agreement made against an employee
of the Subgrantee. The Subgrantee agrees to cooperate fully in such investigations by
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(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;
(2) remove individual and social barriers to economIC and personal
independence; and
(3) provide specified services to eligible individuals who reside within the
planning area, with greatest social need being determined by advanced age
(75 years or more);
(4) transport those deemed in need to scheduled sites.
11. Sube:rantee's Personnel. The Subgrantee represents that it has, or will secure at its own
expense, all personnel required to perform the services under this agreement. Such
personnel shall not be employees of CSRA RC
12. Standards for Service Performance.
(a) The Subgrantee shall perform all services in accordance with the definitions cited in
Attachment "A" and as further defined in relevant notices issued by CSRA RC, or
through CSRA RC from the Georgia Department of Human Resources or the
Administration on Aging, U.S. Department of Health and Human Services.
(b) The Sub grantee agrees that no changes resulting in a decrease in the scope of
services, units of service to be provided, or numbers of persons to be served will be
made without prior written approval of CSRA RC as provided in the Paragraph titled
Amendments, herein below.
(c) The Subgrantee acknowledges that CSRA RC has developed a multi-year Area Plan
on Aging which is updated annually (hereinafter referred to as the "Area Plan") for a
comprehensive and coordinated system for the delivery of supportive services and
nutrition services to the elderly within the planning area pursuant to the Older
Americans Act of 1965 and the Community Care Act of 1985, as amended.
Subgrantee further acknowledges that the services provided herein may be included
in the Area Plan and that the Area Plan may, from time-to-time, be amended to
reflect changes in services, service delivery methods, vendors, subgrantees, and/or
subcontractors. Sub grantee acknowledges that inclusion in the Area Plan does not
constitute a contract or agreement for the delivery of services within the period of
time covered by the Area Plan. Copies of the plan are maintained on file at the
CSRA RC.
(d) The Sub grantee further acknowledges that said Area Plan defines the specific
services to be provided to eligible persons residing within the planning area and that
those services provided under this agreement are a part of said Area Plan.
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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
requested by the CSRA RC to effectuate the smooth and reasonable transition of the care
and services for consumers/customers/clients as directed by the CSRA RC. This will
include but not be limited to the transfer of the consumer/customer/client records, personal
belongings, and funds of all consumers/customers/clients as directed by the CSRA RC.
Sub grantee further agrees that should it go out of business and/or cease to operate, all
original records of consumers/customers/clients served pursuant to this agreement shall be
transferred by the Subgrantee to the CSRA RC immediately and shall become the property
of the CSRA RC in addition to any other remedy afforded the CSRA RC hereunder or by
law. Failure to cooperate in the transition of services will result in the Subgrantee becoming
an ineligible contractor/Sub grantee for a period of three (3) years from the end of this
agreement period.
18. Force Majeure. Each party will be excused from performance under this agreement to the
extent that it is prevented from performing, in whole or in substantial part, due to delays
caused by an act of God, civil or military authority, war, court order, acts of public enemy,
and such nonperformance will not be default under this agreement nor a basis for
termination for cause. Nothing in this paragraph shall be deemed to relieve the Subgrantee
from its liability for work performed by any fourth party Subgrantees. If the services to be
provided to the CSRA RC are interrupted by a force majeure event, the CSRA RC will be
entitled to an equitable adjustment to the fees and other payments due under this agreement.
19. Publicity.
A. Subgrantees must ensure that any publicity given to the program or services provided
herein identify the CSRA RC and the State Department of Human Resources as
sponsoring agencies. Publicity materials include, but are not limited to, signs, notices,
information pamphlets, press releases, brochures, radio or television announcements, or
similar information prepared by or for the Subgrantee. Prior approval for the materials
must be received from the CSRA RC and DHR's managing programmatic
division/office. All media and public information materials must also be approved by the
State of Georgia's Commissioner's Office of Policy and Government Services, Office of
Communications. In addition, the Subgrantee shall not display the CSRA RC or DHR's
name or logo in any manner, including, but not limited to, display on Subgrantee's
letterhead or physical plant, without the prior written authorization of the Executive
Director of the CSRA RC and/or the Commissioner of DHR.
B. Notwithstanding subparagraph A above, if the Subgrantee is a county board of health,
the Commissioner's Office of Policy and Government Services must be notified prior to
major publicity and/or media campaigns developed by or for the board-operated
programs which identify the Department as a sponsoring agency. This is to enable the
Commissioner's Office of Policy and Government Services to support the effort and to
respond in a timely manner to inquiries to the Department that might result. In addition,
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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-133 entitled, "Audits of States, Local
Governments, and Nonprofit Organizations." The audit reporting package shall include the
documents listed in Policy 1244 of the DHR Directives Information System.
Subgrantees ex?ending $100,000 or more in State funds during their fiscal year agree to
have an entity-wide audit conducted for that year in accordance with Generally Accepted
Auditing Standards issued by the American Institute of Certified Public Accountants. The
audit reporting package shall include the documents listed in Policy 1244 of the DHR
Directives Information System.
Subgrantees expending at least $25,000 but less than $100,000 in State funds during their
fiscal year agree to prepare unaudited entity-wide financial statements for that year.
Assertions concerning the basis of financial statement preparation must be made by the
president or other corporate official as described in Policy 1244 of the DHR Directives
Information System.
The Subgrantee further agrees to submit the required audit or financial statement, within 180
days after the close of the Subgrantee's fiscal year to:
L Mack Shealy, CPA, CGFM
Director of Finance and Administration
3023 Riverwatch Parkway, Suite A
Augusta, GA 30907-2016
The Central Savannah River Area Regional Commission's Commission of Directors has
established the following sanction for any violation of this requirement:
If a Contractor fails to provide a final audit statement as required under the
contract's terms, the CSRA RC will withhold any pending and/or future
payments for services rendered until such time that the final audit is submitted
and verified. If a pattern of such failures materializes, the Contractor will
become ineligible to receive CSRA RC contracts for a period of 12 months.
Recognizing that some situations might arise that are above and beyond the
Contractor's control, the CSRA RC may extend the date of receipt of the final
audit for a thirty (30) day period upon request and verifiable documentation
related to the reason for the extension. Extensions past the thirty (30) day
period may be requested, but any such request must be presented in person
before the CSRA RC's Commission of Directors with the Contractor's auditor
present.
25. Interest of Sube:rantee. The Subgrantee covenants that neither the Sub grantee, nor anyone
controlled by the Subgrantee, controlling the Sub grantee, or under common control with the
Subgrantee, nor its agents, employees or fourth party Subgrantees, presently has an interest,
nor shall acquire an interest, direct or indirect, which would conflict in any manner or degree
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(b) The Subgrantee agrees that all persons who administer the funds associated with this
agreement on behalf of the Subgrantee 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 Sub grantee will be bonded
in an amount equal to at least ten percent of the total amount specified in Attachment
"A" of the agreement or $25,000, whichever is less, if receiving an advance of funds.
The Subgrantee shall transmit written documentation of such bonding to CSRA RC,
in form satisfactory to CSRA RC, prior to receipt of any funds from CSRA RC. For
bonds that expire before the completion date of this agreement, proof of renewal of
such bond shall be provided to CSRA RC, within 20 days after renewal.
(d) The Subgrantee agrees to administer the program in a manner satisfactory to CSRA
RC and in accordance with relevant procedures, as determined by CSRA RC and the
funding agencies (e.g., 29 CFR 1321 or 45 CPR 202 as appropriate).
( e) The Subgrantee shall at all times maintain during the term of this agreement policies
of insurance (including, where applicable, Worker's Compensation coverage)
covering any property acquired with funds made available by this agreement, as well
as public liability insurance with generally recognized, responsible insurance
companies authorized to do business in the state of Georgia, each of which are also
qualified and authorized to assume the risks undertaken. Such insurance shall be in
such amounts as a responsible and prudent company or organization would require
under similar circumstances. Such insurance shall cover the Subgrantee and it's
above, described property, as well as its employees, agents and volunteers.
30. Subcontracts. Work or services to be performed under this (third party) agreement by the
Subgrantee may be subcontracted (fourth party) under the following conditions:
(a) The Subgrantee agrees that the selection of fourth party Subgrantees requires
competition between potential fourth party Subgrantees pursuant to 45 CPR 74 or
adequate justification for sole source selection.
(b) All such subcontracts shall bind the fourth party Subgrantee to applicable terms and
conditions of this (third party) agreement between CSRA RC and the Subgrantee.
(c) Any fourth party agreement in excess of $10,000 total value shall have written
CSRA RC approval prior to execution. CSRA RC approval shall not be
unreasonably withheld.
(d) A copy of all fourth party agreements shall be on file at the Subgrantee's office and
available for review by CSRA RC monitors upon request.
(e) The Subgrantee will be responsible for the performance of any fourth party
Sub grantees to whom any duties are delegated under any provision of this
agreement.
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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
after the hearing, the CSRA RC's Commission of Directors shall render its decision
concerning the question of fact in writing to the Subgrantee and to CSRA RC's Executive
Director.
Pending final decision of an appeal to the CSRA RC's Commission of Directors, the
Subgrantee shall proceed diligently with the performance of the agreement and in
accordance with CSRA's Commission of Director's decision.
The Sub grantee agrees that the decision of the CSRA RC's Commission of Directors
concerning the question shall be final and conclusive unless determined otherwise by the
funding agencies, or the Comptroller of the United States. In the event the funding agencies
provide input, the CSRA RC's Commission of Directors will reconsider its decision at the
next regularly scheduled meeting of the CSRA RC Commission. Any decision made based
on the information provided from the funding agencies (the reconsideration action) shall be
final and conclusive.
34. Assurances. The Subgrantee hereby assures and certifies that it will comply with the
regulations, policies, guidelines and requirements, including the Executive Order 12372, 45
CFR 74, 45 CFR 92, and U.S. Office of Management and Budget Circular (as currently
amended) Nos. A-87, A-102, A-I 10, A-122, and A-133 (including compliance supplement),
as appropriate, as they relate to the application, acceptance, use and audit of Federal funds
for this federally assisted program. Also, the Subgrantee gives assurance and certifies with
respect to this purchase of service agreement that:
(a) For all purchase of service agreements:
(1)
(2)
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It possesses legal authority to apply for this purchase of service agreement,
and, if appropriate, to finance and construct any proposed facilities; and, a
resolution, motion or similar action has been duly adopted or passed as an
official act of the Subgrantee's governing body, authorizing the filing of the
application, including all understandings and assurances contained therein,
and directing and authorizing the person identified as the official
representative of the Sub grantee to act in connection with the application and
to provide such additional information as may be required, and, upon CSRA
RC's approval of its application, that the person identified as the official
representative of the Subgrantee is authorized to execute a purchase of
service agreement incorporating the terms of its application.
It will comply with Title VI of the Civil Rights Act of 1964 (PL. 88-352 and
42USC 2000d) and in accordance with Title VI of that Act, no person in the
United States shall, on the ground of age, disability, religion, creed or belief,
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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.
(3)
It will comply with requirements of the provisions of the Uniform Relocation
Assistance and Real Property Acquisitions Act of 1970 (PL. 91-646) which
provides for fair and equitable treatment of persons displaced as a result of
Federal and federally assisted programs.
(4)
It will comply with the applicable provisions of the Hatch Act, which limits
the political activity of employees.
(5)
It will establish safeguards to prohibit employees from using their positions
for a purpose that is or gives the appearance of being motivated by a desire
for private gain for themselves or others, particularly those with whom they
have family, business, or other ties.
(6)
It will cooperate with CSRA RC in assIstmg the funding agencies in
compliance with Section 106 of the National Historic Preservation Act of
1966, as amended (16 D.S.C. 470), Executive Order 11593, and the
Archeological and Historic Preservation Act of 1966 (16 D.S.C. 469a-1 et
seq.) by (a) consulting, through CSRA RC, with the State Historic
Preservation Officer on the conduct of investigations, as necessary, to
identify properties listed in or eligible for inclusion in the National Register
of Historic Places that are subject to adverse effects (see 3 CFR Part 800.8)
by the activity, and subject to adverse effects (see 36 CFR Part 800.8) by the
activity, and notifying, through CSRA RC, the funding agencies of the
existence of any such properties, and by (b) complying with all requirements
established by CSRA RC or the funding agencies to avoid or mitigate adverse
effects upon such properties.
(7)
It understands that the phrase "Federal financial assistance" is included any
form of loan, grant, guaranty, insurance payment, rebate, subsidy, disaster
assistance loan or grant, or any other form of direct or indirect Federal
assistance.
(8)
For purchase of service agreements involving Federal financial assistance for
construction, it will make certain that the facilities under its ownership, lease
or supervision which shall be utilized in the accomplishment of the Project
are not listed on the Environmental Protection Agency's (EP A) list of
Violating Facilities and that it will notify the fund agencies, through CSRA
RC, of the receipt of any communication from the Director of the EP A office
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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
CSRA RC for final disposal determination.
2. Upon notification by the CSRA RC, Subgrantee agrees to transport the
RC's property to the CSRA RC's facility. Expenses incurred by the
Subgrantee in transporting this equipment may be charged to the
terminated agreement.
36. Federal Prohibitions and Requirements Related to Lobbvin2: Pursuant to Section 1352
of Public Law 101-221, the Subgrantee agrees that:
(a) No Federally appropriated funds have been paid or will be paid, by or on behalf of
the Sub grantee, to any person for influencing or attempting to influence an officer or
employee of any Federal agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in connection with the awarding
of any Federal contract, the making of any Federal grant, the making of any Federal
loan, the entering into of any cooperative agreement, and the extension, continuation,
renewal, amendment, or modification of any Federal contract, grant, loan, or
cooperative agreement.
(b) As a condition of receipt of any Federal contract, grant, loan, or cooperative
agreement exceeding $100,000, the Subgrantee shall file with CSRA RC a signed
"Certification Regarding Lobbying."
(c) If any funds other than Federally appropriated funds have been paid or will be paid
to any person for influencing or attempting to influence an officer or employee of
any agency, a Member of Congress, an officer or employee of Congress, or an
employee of a Member of Congress in connection with the Federal contract, grant,
loan, or cooperative agreement, the Subgrantee shall complete and submit Standard
Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its
instruction.
(d) A disclosure form will be filed at the end of each calendar quarter in which there
occurs any event that requires disclosure or that materially affects the accuracy of the
information contained in any disclosure form previously filed by the Subgrantee
under subparagraphs (B) or (C) of this paragraph. An event that materially affects
the accuracy of the information reported includes:
(1)
A cumulative increase of $25,000 or more in the amount paid or expected to
be paid for influencing or attempting to influence a covered Federal action; or
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facilitieslbuildings unless newly occupied on or after October 1, 1980, in accordance with
OMB Circular A-87.
40. Criminal Records Investhmtion:
(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
agreement, applicants selected for such positions shall undergo a criminal record
history investigation that shall include a fingerprint record check pursuant to the
provisions of Code Section 49-2-14 of the Official Code of Georgia Annotated. In
order to initiate this requirement, the Department will provide forms, which will
include the required data from the applicant. The Sub grantee agrees to obtain the
required information (which will include two proper sets of fingerprints on each
applicant) and transmit said fingerprints directly to the Georgia Crime Information
Center together with the fee as required by said Center for a determination made
pursuant to Code Section 49-2-14 of the Official Code of Georgia Annotated or any
other relevant statutes or regulations.
(b) After receiving the information from the Georgia Crime Information Center or any
other appropriate source, the Department will review any derogatory information
and, if the crime is one which is prohibited by duly published criteria within the
Department, the Sub grantee will be informed and the individual so identified will not
be employed for the purpose of providing services under this agreement.
(c) The provisions of this paragraph of the agreement shall not apply to persons
employed in day-care centers, group day-care homes, family day-care homes, or
child-caring institutions which are required to be licensed or registered by the
Department or to personal care homes required to be licensed, permitted, or
registered by the Department.
41. Other Requirements. In addition to other requirements of this agreement, the Sub grantee
agrees to comply with, and shall be bound by, the applicable terms and conditions of all
State and Federal laws or regulations governing and defining resources, project
administration, allowable costs and associated procurement standards including but not
limited to 41 CFR 29-70, or 45 CRR 74, or 45 CFR 92, as appropriate.
The Sub grantee agrees that, if costs incurred by the Subgrantee are not in conformity with
the above requirements and are subsequently disallowed as a result of an audit pursuant to
the Paragraph titled Audits hereinabove or by CSRA RC, Georgia Department of Human
Resources, U.S. Department of Health and Human Services, the Comptroller General of the
United States, or any of their duly authorized representatives, then, upon written demand by
CSRA RC, the Sub grantee shall reimburse CSRA RC in full for any payment made by
CSRA RC to the Subgrantee for such disallowed costs within thirty days of receipt of such
written demand.
42. State of Geor2ia Ethics Code Violations. The Subgrantee understands that the State of
Georgia's Department of Human Resources' Division of Aging Services (the Department) is
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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 Sub grantee 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.
D. For Convenience of CSRA RC. This agreement may be cancelled or terminated by the
CSRA RC without cause; however, the CSRA RC must give written notice of its
intention to do so to the Subgrantee at least thirty (30) days prior to the effective date of
cancellation or termination.
E. Notwithstanding any other proVIsIOn of this paragraph, this agreement may be
immediately terminated without any opportunity to cure, if any of the following events
occurs:
1. Subgrantee becomes insolvent or liquidation or dissolution or a sale of the
Subgrantee's assets begins.
2. Subgrantee or any of its sub grantees violates or fails to comply with any applicable
provision of federal or state law or regulation.
3. Subgrantee or any of its subgrantees knowingly provides fraudulent, misleading or
misrepresentative information to any consumer/customer/client of the CSRA RC or
the Department of Human Resources or to the CSRA RC or DHR's representatives.
4. Subgrantee has exhibited an inability to meet its financial or services obligations
under this agreement.
5. A voluntary or involuntary bankruptcy petition is filed by or against the Subgrantee
under the U.S. Bankruptcy Code or any similar petition under any state insolvency
law.
6. An assignment is made by the Subgrantee for the benefit of creditors.
7. A proceeding for the appointment of a receiver, custodian, trustee, or similar agent is
initiated with respect to the Sub grantee.
8. The CSRA RC deems that such termination is necessary if the Sub grantee or any
fourth party Subgrantees fails to protect or potentially threatens the health or safety
of any consumer/customer/client and/or to prevent or protect against fraud or
otherwise protect the CSRA RC or the State of Georgia's personnel,
consumers/customers/clients, facilities, or services.
9. A court with competent jurisdiction, or an arbitrator(s) conducting an arbitration
involving the CSRA RC by consent, issues an order or decision that causes the
contract to be rendered voidable or null and void and/or prohibits the CSRA RC
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MA FY2010 PROVIDER CONTRACT
thereof with a valid and enforceable provIsIon which comes as close as possible to
expressing the intention of the stricken provision.
49. 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 party
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:
of Georgia
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Address for Official Notices:
Deke Copel1ltaver, Mayor
530 Ellist Street Rm.. 806
Augusta, GA30911
By:
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Title
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CSRA REGIONAL COMMISSION
3023 Riverwatch Parkway, Suite A
Augusta, Georgia 30907-2016
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Executive Director
DATE
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<< '
AAA FY2010 PROVIDER CONTRACT
ATTACHMENT A
Program and Service Performance Requirements
Augusta. Georgia. a political sub-division of the State of Georgia
I. General: The work to be accomplished by the sub grantee 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 - T3C1
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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AM FY2010 PROViDER CONTRACT
III. 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 Sub grantee shall be responsible for developing, maintaining, and fulfilling all
written working agreements called for in each cost center.
4. The Sub grantee 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 Subgrantee 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.
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1//1//1/1/1//1/1/1/1//1/1//1//1/1/1//1//1/1/ //II //I
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AM FY2010 PROVIDER 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
IL3 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.
IL4 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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.
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AAA FY2010 PROVIDER CONTRACT
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 determined 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 IIA (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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/II /II I /II II /II /II II /II I II /II /II II /II I /II /II /II I /II
II II II II II II II II /II II II II II II /II II II /II II II /II II /II
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II II II /II II II /II II II II II II II II II II II II II II II II II /II
II II II II /II /II II II II II II II II II II II II II II II II II II /II
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1/11 II II II 1/1/ II /I II II /II /I /II /II /I II II II II II /I II II
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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 resource is limited to funds actually received, 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 Sub grantee 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 Sub grantee 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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