HomeMy WebLinkAboutCSRA RDC FY 2008 TITLE 111 NSI NUTRITION MEALS COOPERATIVE AGREEMENT
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CSRA ROC AAA FY2008 Cooperative Agreements
COOPERATIVE AGREEMENT
FOR TITLE III AND NSI NUTRITION MEALS FOR FISCAL YEAR 2008
BETWEEN AUGUSTA, GEORGIA, a political sub-division of the State of Georgia,
and the CSRA REGIONAL DEVELOPMENT CENTER
SECTION I
RDC AAA Qualified Nutrition Program Food Vendor:
Fiscal Year 2008 Unit Cost for All Meal Types:
Number of Days Meals Served in Year:
G.A. Food Service, Incorporated
$ 4.25
250
The following table outlines the meals that have been approved for your jurisdiction for the FY2008 year (based on
preliminary numbers from the state).
Meal Types:
Title III C-1
Title III C-2
NSI C-1
NSI C-2
Site C-1
Site C-2
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)
Locally Purchased Congregate Meals (voluntary)
Locally Purchased Home-Delivered Meals (voluntary)
Annual Number of Meals Alloted Category
Title III C1 Title III C2 NSI C1
27,992 27,978 5,980
Site C2
3,941
Total
82,163
Daily Meal Allotments
Title III C1 Title III C2
112 112
on 250 service days per year)
NSI C1 NSI C2 Site C1
24 45 20
Total Meals
329
Dollar Value of Meals By Category
Funding
Source
$107,015
$11,891
$118,906
NSIC1
$25,414
N/A
$25,414
Total Costs
Title III C1
Title III C2
$313,363
Note that this agreement includes the preliminary planning allocation for meals from the CSRA RDC 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 RDC at ninety (90) percent of their value (i.e. $4.25 x 0.9 equals
$3.83). Site C1 and Site C2 meals are voluntarily provided by the community and are not reimbursed by the RDC. Those
meals are included in the agreement between the local jurisdiction and the qualified food vendor. If shown here, they are
shown for internal agency usage and may not be equivalent to the total number on any separate contract.
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.
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SECTION TWO
AREA AGENCY ON AGING
COOPERATIVE SUB GRANT AGREEMENT FOR SERVICES
THIS COOPERATIVE SUB GRANT AGREEMENT, entered into as of the 30th day of June 2007,
by and between Augusta, Georgia, a political sub-division of the State of Georgia (hereinafter
referred to as "Subgrantee") and the CENTRAL SAVANNAH RIVER AREA REGIONAL
DEVELOPMENT CENTER, (hereinafter referred to as "CSRA RDC").
WITNESSETH THAT:
WHEREAS, CSRA RDC, 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 RDC's member jurisdictions
for the public purpose identified below; and
WHEREAS, the CSRA RDC, 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 RDC 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 RDCs 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 RDC 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 FY06;
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 RDC; and
WHEREAS, the RDC, has the authority to enter into sub-grant agreements and cooperative
agreements with its member jurisdictions, and with jurisdictions authorized under DHR's FY2008
contract; and
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WHEREAS, the allocation of the nutrition service program funds (Title III and NSI) will be done
on a formula basis related to the State of Georgia's interstate funding formula (IFF); and
WHEREAS, the CSRA RDC has developed an allocation plan for FY2008 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 RDC has qualified a food vendor through an open and competitive bid
process on behalf of the region as a whole; and
WHEREAS, the Sub grantee 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. Engagement of the Subgrantee: CSRA RDC 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 RDC's qualified nutrition program food vendor.
3. Qualified Nutrition Program Food Vendor: The qualified nutrition program food vendor for
FY2008 is G.A. Food Service, Incorporated. This vendor was selected under an open and
competitive bid placed by the RDC on behalf of its member jurisdictions. G.A. Food
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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, 2007 through
June 30, 2008. The effective date of this agreement is July 1st, 2007. All meals outlined in
Section One shall be purchased and consumed on or before June 30th, 2008.
5. Method of Pavrnent. The amount of this agreement is included in Section One of this
agreement (page 1). Total payments from the CSRA RDC to the Sub grantee 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 Pavrnents. Unless otherwise approved by CSRA RDC and the funding
agencies, the Subgrantee shall be entitled to receive progress payments on the
following basis:
(1) a) Cost Reimbursement Agreement - On or before the fifth davofthe month
following the month for which payment is requested, the Sub grantee shall
submit to CSRA RDC, in a form acceptable to CSRA RDC 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 dav of the
month following the month for which payment is requested, the Sub grantee
shall submit to CSRA RDC, in a form acceptable to CSRA RDC 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 RDC's determination to its satisfaction that the
Subgrantee 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 RDC will make payment to the Sub grantee not more than
once per month.
(3) CSRA RDC may, at its discretion, disallow or delay payment of all or part of a
request if CSRA RDC determines that the Sub grantee is not in compliance to
CSRA RDC's satisfaction with any of the terms of this agreement. Unless the
monthly pr02ram performance report and the reimbursement reauest are
received by CSRA RDC on or before the fifth day of the month
reimbursement may be withheld until the followin2 payment cycle.
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(b) Final Pavrnent.
(1) The Subgrantee's payment request for the last month of the agreement term
must be received by CSRA RDC 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 RDC 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 RDC on or
before the tenth day after the agreement termination will become the final
request.
(3) Upon receipt by CSRA RDC of the Subgrantee's final payment request and all
other required documentation, CSRA RDC 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 RDC 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 Subgrantee shall refund to CSRA RDC any such
overpayment within thirty calendar days of notification by CSRA RDC.
(c) Advance Pavrnents. This agreement is a reimbursable agreement. No advance
payments will be made.
6. All formal communication regarding this agreement shall be in writing between the person
executing this agreement on behalf of the Subgrantee (executor) and CSRA RDC's
Executive Director. Formal communications regarding this agreement shall include, but not
necessarily be limited to amendments, correspondence, progress reports and fiscal reports.
The Sub grantee 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
RDC Executive Director. The Sub grantee executor and CSRA RDC'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 RDC's Designated Agent. According to Paragraph 6 above, CSRA RDC's Executive
Director hereby designates JEANETTE CUMMINGS, CSRA RDC'S AREA AGENCY ON
AGING DIRECTOR, as his agent for purposes of this agreement only, except for executing
amendments (Paragraph 27) or terminations (Paragraphs 36, 37, or 38 hereto) 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 RDC's AAA CONTRACT MANAGER, JACKIE
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HARRIS and copied to the CSRA RDC's Executive Director. Such appointments herein
may be changed only 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 RDC shall be kept fully informed
concerning the progress of the work and services to be performed hereunder. The
Sub grantee may be required to meet with designated representatives of CSRA RDC 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 Sub grantee. 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 HIP AA 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 RDC
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 Sub grantee 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
Sub grantee furnishes the records requested.
The Sub grantee has executed a Health Insurance Portability and Accountability Act
(HIP AA) Business Associate Agreement with the CSRA RDC. 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 RDC 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
Sub grantees 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
providing the Office of Investigative Services full access to its records and by allowing its
employees to be interviewed during such investigations.
The CSRA RDC and the State Department of Human Resources shall have the right to
monitor and inspect the operations of the Sub grantee and any fourth party Sub grantees
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(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 Sub grantee 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 RDC 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 Sub grantee to make changes in service authorization, utilization
practices, and/or any activity deemed necessary by the Department and/or CSRA RDC.
The Central Savannah River Area Regional Development Center's Board 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 RDC (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 RDC will withhold any pending and/or future
payments for services rendered until such time that the information is
presented."
General
(a) The Sub grantee 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 CFR 74,
45 CFR 92, and 45 CFR 202). CSRA RDC shall determine the appropriateness and
application of such terms, provisions, and conditions. The Sub grantee 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 CFR 29-70 or 45 CFR 74 or 45 CFR 92, as
appropriate. The Sub grantee assures and certifies that it shall comply with all
requirements imposed by CSRA RDC or the funding agencies concerning special
requirements of law or program requirements including, but not limited to, 45 CFR
1321, or 45 CFR 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 Sub grantee agrees to execute a program which will:
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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.
10. Subgrantee'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 RDC
11. 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 RDC, or
through CSRA RDC 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 RDC as provided in the Paragraph
titled Amendments, herein below.
(c) The Subgrantee acknowledges that CSRA RDC 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. Subgrantee 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 RDC.
(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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( e) The Sub grantee acknowledges that the CSRA RDC Area Plan delineates a range of
available services for the elderly and, therefore, the Subgrantee agrees to coordinate
and cooperate with other CSRA RDC contracted service providers or sub grantees to
the fullest extent possible and in a manner satisfactory to CSRA RDC.
(f) 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 RDC and are incorporated herein by reference. The service standards listed
in Attachment A wherefore shall be the basis for determining the Subgrantee's
performance of supportive services and nutrition services.
12. 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 RDC and available from CSRA
RDC upon written request.
13. Reoorts. The Subgrantee shall furnish CSRA RDC with monthly program performance
reports, in such form as may be specified by CSRA RDC, describing the work accomplished
by the Sub grantee. Such report(s) shall be furnished to CSRA RDC 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 RDC holiday, the
next CSRA RDC workday shall be considered the due date.
14. Rights in Documents. Materials and Data Produced. The Sub grantee 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 RDC upon termination or completion of the work. CSRA RDC
shall have the right to use the same without restriction or limitation and without
compensation to the Sub grantee 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 Subgrantee or its fourth party Subgrantees.
The Sub grantee 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 RDC.
15. CSRA RDC'S Right to Suspend Agreement: The CSRA RDC reserves the right to suspend
the agreement/sub grant in whole or in part under this agreement provision if it appears to the
CSRA RDC 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 RDC, in the programmatic performance or
service delivery.
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16. Cooperation in Transition of Services The Sub grantee agrees upon termination of this
agreement, in whole or in part, for any reason that the Sub grantee will cooperate as
requested by the CSRA RDC to effectuate the smooth and reasonable transition of the care
and services for consumers/customers/clients as directed by the CSRA RDC. 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 RDC.
Subgrantee 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 Sub grantee to the CSRA RDC immediately and shall become the property
of the CSRA RDC in addition to any other remedy afforded the CSRA RDC hereunder or by
law. Failure to cooperate in the transition of services will result in the Sub grantee becoming
an ineligible contractor/Sub grantee for a period of three (3) years from the end of this
agreement period.
17. Force Maieure. 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 Sub grantees. If the services to be
provided to the CSRA RDC are interrupted by a force majeure event, the CSRA RDC will
be entitled to an equitable adjustment to the fees and other payments due under this
agreement.
18. Publicity.
A. Subgrantees must ensure that any publicity given to the program or services provided
herein identify the CSRA RDC 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 RDC 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 Sub grantee shall not display the CSRA RDC 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 RDC and/or the Commissioner ofDHR.
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,
the Subgrantee shall not display the Department's name or logo in any manner,
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including, but not limited to, display on Subgrantee's letterhead or physical plant,
without the prior written authorization of the Commissioner of the Department.
19. Inventions. Patents. Copyrights. Intangible Property and Publications. The Sub grantee
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 RDC. The CSRA RDC, the federal agency, and DHR shall
determine whether protection of the invention or discovery shall be sought. The CSRA
RDC, 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.
Copyrights. Except as otherwise provided in the terms and conditions of this agreement, the
author or the CSRA RDC 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 RDC, 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 RDC, and/or departmental purposes.
Publications: All publications, including pamphlets, art work, and reports shall be submitted
to the CSRA RDC on disk or electronically.
20. Financial Management 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, 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 RDC or the
funding agencies may require. This includes, but it not limited to, the requirement that
Subgrantee 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.
21. Employee'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.
22. Financial Reports. In addition to other records required by this agreement, the Sub grantee
agrees to provide to CSRA RDC such additional financial reports in such form and
frequency as CSRA RDC may require in order to meet the CSRA RDC's requirements for
reporting to funding agencies.
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23.
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 ofthe DHR Directives Information System.
Sub grantees expending $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.
Sub grantees 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 Development Center's Board 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 RDC 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 RDC contracts for a period of 12 months.
Recognizing that some situations might arise that are above and beyond the
Contractor's control, the CSRA RDC 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 RDC's Board of Directors with the
Contractor's auditor present.
24. Interest of Sub grantee. The Sub grantee covenants that neither the Sub grantee, nor anyone
controlled by the Sub grantee, controlling the Sub grantee, or under common control with the
Subgrantee, nor its agents, employees or fourth party Sub grantees, presently has an interest,
nor shall acquire an interest, direct or indirect, which would conflict in any manner or degree
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with the performance of its service hereunder, or which would prevent, or tend to prevent,
the satisfactory performance of the Sub grantee' s service hereunder in an impartial and
unbiased manner. The Sub grantee further covenants that in the performance of this
agreement no person having any such interest shall be employed by the Sub grantee as an
agent, fourth party Sub grantees or otherwise. If the Subgrantee contemplates taking some
action which may constitute a violation of this paragraph, and Sub grantee shall request in
writing the advice of CSRA RDC, and if CSRA RDC notifies the Sub grantee in writing that
the Subgrantee's contemplated action will not constitute a violation hereof, then the
Sub grantee shall be authorized to take such action without being in violation of this
paragraph.
25. Interest of Members of CSRA RDC and Others. No officer, member or employee of CSRA
RDC, 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 RDC, or public official of any local
government affected by the program, have an interest, direct, in this agreement or the
proceeds arising therefrom.
26. 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.
27. Restrictions on Hiring of CSRA RDC Employees. 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 RDC within a twelve (12) month period prior to the date of the agreement. Further,
any former CSRA RDC employee that 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 RDC Executive Director.
Sub grantee violation of this restriction shall be grounds for agreement termination.
28. Proiect Administration.
(a) The Sub grantee agrees that the Subgrantee executor is responsible for ensuring that
all terms and conditions of the agreement are fully met to CSRA RDC's satisfaction.
(b) The Sub grantee agrees that all persons who administer the funds associated with this
agreement on behalf of the Sub grantee will be responsible to the Sub grantee
executor.
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(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
RDC, in form satisfactory to CSRA RDC, prior to receipt of any funds from CSRA
RDC. For bonds that expire before the completion date of this agreement, proof of
renewal of such bond shall be provided to CSRA RDC, within 20 days after renewal.
(d) The Sub grantee agrees to administer the program in a manner satisfactory to CSRA
RDC and in accordance with relevant procedures, as determined by CSRA RDC and
the funding agencies.
(e) The Sub grantee 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.
29. 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 Sub grantees requires
competition between potential fourth party Sub grantees pursuant to 45 CFR 74 or
adequate justification for sole source selection.
(b) All such subcontracts shall bind the fourth party Sub grantee to applicable terms and
conditions of this (third party) agreement between CSRA RDC and the Subgrantee.
(c) Any fourth party agreement in excess of $10,000 total value shall have written
CSRA RDC approval prior to execution. CSRA RDC 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 RDC 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.
(f) The Subgrantee agrees to reimburse the CSRA RDC for any federal or state audit
disallowances arising from a fourth party Subgrantees's performance or non-
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performance of duties under this agreement which are delegated to the fourth party
Sub grantees.
(g) If the Sub grantee subcontracts for the provision of any deliverables pursuant to this
agreement, the Sub grantee agrees to include the following in each subcontract:
1. Stipulations that the fourth party Sub grantees 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 Sub grantee 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 Sub grantee in which case the
CSRA RDC 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 RDC, may at CSRA RDC's discretion result in
disallowance or delay in payment under the Paragraph titled Method. of Pavrnent or in
termination pursuant to the Paragraph titled Termination for Cause.
30. Assignability. 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 RDC.
31. Amendments. The CSRA RDC 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 RDC's Executive Director may execute amendments to this agreement on behalf of
the CSRA RDC.
32. Disputes and Appeals. The CSRA RDC Executive Director shall decide any questions
arising under this agreement. Such questions must be submitted to the CSRA RDC's
Executive Director in writing via certified mail, return-receipt requested. The CSRA RDC'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 RDC's Executive
Director shall be final and conclusive unless, within ten (10) days of receipt of such copy,
the Subgrantee mails or otherwise furnishes a written request for appeal concerning the
question of fact to CSRA RDC's Board 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 RDC's
Board of Directors at 3023 River Watch Parkway, Suite A, Augusta, GA 30907. Both the
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Sub grantee and CSRA RDC'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 RDC's Board of Directors shall render its decision concerning
the question of fact in writing to the Subgrantee and to CSRA RDC's Executive Director.
Pending final decision of an appeal to the CSRA RDC's Board of Directors, the Sub grantee
shall proceed diligently with the performance of the agreement and in accordance with
CSRA's Board of Director's decision.
The Subgrantee agrees that the decision of the CSRA RDC's Board of Directors concerning
the question shall be final and conclusive unless the Subgrantee request an opinion from the
funding agencies (i.e. the Georgia Department of Human Resources's Division of Aging
Services) within ten (10) days of receipt of the CSRA RDC Board's decision. In the event
the funding agencies provide input, the CSRA RDC's Board of Directors will reconsider its
decision at the next regularly scheduled meeting of the CSRA RDC Board. Any decision
made based on the information provided from the funding agencies (the reconsideration
action) shall be final and conclusive unless the decision is determined by a court of
competent jurisdiction after a hearing de novo (which in a court of law shall be without a
jury) to be not supported by a preponderance of the evidence or not in accordance with the
law.
The Subgrantee shall have written procedures through which its subcontractors (fourth
party(ies)) may dispute and/or appeal decisions made by the Subgrantee. The Sub grantee
shall furnish its appeal process to each of its subcontractor(s). The Sub grantee shall provide
written notice of such procedures and shall forward any and all correspondence related to
such procedures and/or complaints to the CSRA RDC's Executive Director.
33. Assurances. The Sub grantee 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-I02, A-II0, 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) 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
RDC's approval of its application, that the person identified as the official
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representative of the Subgrantee is authorized to execute a purchase of
service agreement incorporating the terms of its application.
(2) It will comply with Title VI of the Civil Rights Act of 1964 (P.L. 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,
political affiliation, sex, race, color, or national origin, be executed from
participation in, be denied the benefits of, or be otherwise subjected to
discrimination under any program or activity for which the applicant received
Federal financial assistance and will immediately take any measures
necessary to effectuate this assurance. It will further comply with Title VI
provisions prohibiting employment discrimination where the primary purpose
of a grant is to provide employment. It will not discriminate against any
qualified employee, applicant for employment or service fourth party
Sub grantees, or client because of age, disability, religion, creed or belief,
political affiliation, race, color, sex or national origin. The Sub grantee 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 Sub grantee 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
Sub grantees or employees placed by or on behalf of the Subgrantee, 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 Sub grantee 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 Sub grantee shall cause the foregoing
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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 RDC or the funding agencies may require.
The Subgrantee agrees to comply with such rules, regulations or guidelines as
CSRA RDC 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 (P.L. 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 RDC in asslstmg the funding agencies in
compliance with Section 106 of the National Historic Preservation Act of
1966, as amended (16 U.S.C. 470), Executive Order 11593, and the
Archeological and Historic Preservation Act of 1966 (16 U.S.C. 469a-l et
seq.) by (a) consulting, through CSRA RDC, 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 RDC, the funding agencies of the
existence of any such properties, and by (b) complying with all requirements
established by CSRA RDC 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
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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
RDC, of the receipt of any communication from the Director of the EP A
office of Federal Activities indicating that a facility to be used in the program
is under consideration for listing by EP A.
(9) It will comply with the flood insurance purchase requirements of Section
102(a) of the Flood Disaster Protection Act of 1973, Public Law 93-234, 87
Stat. 975, approved December 31, 1976. Section 102(a) requires, on and
after March 2, 1975, the purchase of flood insurance in communities when
such insurance is available as a condition for the receipt of any Federal
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 prOVISIOns of the
Americans with Disabilities Act (ADA) and any relevant federal and state
laws, rules and regulations.
34. Property Management Standards. The Sub grantee agrees:
A. That all non-expendable personal property purchased, in total or in part, with funds
received from the CSRA RDC during the term of this agreement and all previous
agreements is property of the CSRA RDC and is subject to the rules and regulations
of the CSRA RDC throughout the life and disposition of said property. Said property
cannot be transferred or otherwise disposed of without prior written approval of the
CSRA RDC.
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.
Sub grantee 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 RDC as indicated below:
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CSRA Regional Development Center
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 RDC property as
follows:
1. Prepare Form 5086, Equipment Status Change form listing all CSRA
RDC equipment in the Subgrantee's possession and send this form to the
CSRA RDC for final disposal determination.
2. Upon notification by the CSRA RDC, Subgrantee agrees to transport the
RDC's property to the CSRA RDC's facility. Expenses incurred by the
Subgrantee in transporting this equipment may be charged to the
terminated agreement.
35. Federal Prohibitions and Requirements Related to Lobbying: 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 Sub grantee shall file with CSRA RDC 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 Sub grantee 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 ofthe
information contained in any disclosure form previously filed by the Sub grantee
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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
(2) A change in the person(s) or individual(s) influencing or attempting to
influence a covered Federal action; or,
(3) A change in the officer(s), employee(s), or member(s) contacted to influence
or attempt to influence a covered Federal action.
Any Sub grantee 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 sub awards 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.
36. 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.
37. Compliance with Requirements of the Georgia Department of Human Resources (DHR).
The Sub grantee shall be bound by the applicable terms and conditions of the purchase of
service contract between CSRA RDC and DHR, which is on file in the offices of CSRA
RDC 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 Subgrantee 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 RDC.
38. Documentation of Rent Costs. All Sub grantee 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).
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Public facility maintenance in lieu of rent budgeted by the Sub grantee 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.
39. Criminal Records Investigation:
(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.
40. 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 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 RDC, 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 RDC, the Subgrantee shall reimburse CSRA RDC in full for any payment made by
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CSRA RDC to the Sub grantee for such disallowed costs within thirty days of receipt of such
written demand.
41. State of Georgia Ethics Code Violations. The Subgrantee understands that the State of
Georgia's Department of Human Resources' Division of Aging Services (the Department) is
the primary source of funds for this subgrant agreement. Under Subsection 93.11 (S93 .11)
of the Division of Aging Services's Compliance with Contractor Responsibilities, Rewards
and Sanctions publication, entitled Ethics Code Violations, all contractors, including the
Area Agency on Aging and their sub-contractors are expected to abide by the Code of Ethics
for Government Service (See Appendix 93-B of the above-referenced publication for a copy
of the current Code of Ethics). Accordingly, any violations ofthe Ethics Code requirements
will be investigated by the Department and referred by the Department to the appropriate
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 internal 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.
42. CSRA RDC Ethics Hotline. The Central Savannah River Area Regional Development
Center has initiated and established an ethics hotline. All recipients of subgrants, contracts,
subcontracts, and/or cooperative agreements are required to take proactive steps to ensure
that employees within their agencies are aware of the CSRA RDC's ethics hotline. To this
end, the sub grantee must provide its employees with a copy of the CSRA RDC's ethics
hotline information brochure and each employee must sign an acknowledgement that the
information has been provided to him/her. Copies of all acknowledgements must be
maintained in the records associated with this agreement and are subject to review by the
CSRA RDC at all times.
43. Termination.
A. Due to non-availability of funds. Notwithstanding any other provision of this agreement,
in the event that any of the funding sources of for payments to the CSRA RDC 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 RDC 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 RDC for failure of the Subgrantee to perform any of the
provisions hereof. Should the CSRA RDC exercise its right to terminate this agreement
under the provisions of this paragraph, the termination shall be accomplished in writing
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and specify the reason and termination date. The Subgrantee 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 Sub grantee 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 Sub grantee without cause; however, the Sub grantee must give written notice of its
intention to do so to the CSRA RDC at least sixty (60) days prior to the effective date of
cancellation or termination.
D. For Convenience of CSRA RDC. This agreement may be cancelled or terminated by the
CSRA RDC without cause; however, the CSRA RDC 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 ofthe following events occurs:
1. Sub grantee becomes insolvent or liquidation or dissolution or a sale of the Subgrantee's
assets begins.
2. Sub grantee or any of its sub grantees violates or fails to comply with any applicable
provision of federal or state law or regulation.
3. Sub grantee or any of its subgrantees knowingly provides fraudulent, mi~leading or
misrepresentative information to any consumer/customer/client of the CSRA RDC or
the Department of Human Resources or to the CSRA RDC or DHR's representatives.
4. Sub grantee 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 Sub grantee 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 Subgrantee.
8. The CSRA RDC deems that such termination is necessary if the Sub grantee or any
fourth party Sub grantees 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 RDC or the State of Georgia's personnel,
consumers/customers/clients, facilities, or services.
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AAA FY2008 PROVIDER CONTRACT
9. Subgrantee is debarred or suspended from performing services on any public contracts
and/or subject to exclusion from participation in the Medicaid or Medicare programs.
44. Sub grantee/Fourth-Party License Requirements. The Sub grantee 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
Sub grantee 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.
45. AIDS Policy. Sub grantee agrees, as a condition to provision of services to the CSRA RDC's
and/or DHR's consumers/customers/clients/patients, not to discriminate against any
consumer/customer/clientlpatient 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 Sub grantee deems
necessary. The Sub grantee 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 Sub grantee 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.
Sub grantee agrees, as a condition to provision of services to the CSRA RDC's and/or DHR's
consumers/customers/c1ients/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 Sub grantee
further agrees to refer those consumers/customers/c1ients/patients requesting additional AIDS
related services or information to the appropriate county health department.
Notwithstanding subparagraph A above, if the Sub grantee 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.
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46.
Indemnification of CSRA RDC. Subgrantee hereby waives, releases, relinquishes,
discharges and agrees to indemnify, protect and save harmless the State of Georgia
(including the State Tort Claims Trust Fund), DHR, DOAS, the Central Savannah River
Area Regional Development Center and the Central Savannah River Area Regional
Development Center's Area Agency on Aging, their officers and employees (collectively
"indemnitees") of and from any and all claims, demands, liabilities, loss, costs or expenses
for any loss or damage for bodily injury (including but not limited to death), personal injury,
property damage, or contract rights, attorneys' fees caused by, growing out of, or otherwise
happening in connection with this agreement, due to any act or omission on the part of
Subgrantee, its agents, employees, fourth party Subgrantees, or others working at the
direction of Sub grantee or on Subgrantee's behalf: or due to any breach of this agreement by
Subgrantee; (collectively, the "Indemnity Claims").
This indemnification extends to the successors and assigns of the Sub grantee, and this
indemnification and release survives the termination of this agreement and the dissolution or,
to the extent allowed by law, the bankruptcy of the Subgrantee.
If and to the extent such damage or loss as covered by this indemnification is covered by the
State Tort Claims Fund or any other self-insurance funds maintained by the Department of
Administrative Services (collectively, the "funds"), the Subgrantee agrees to reimburse the
Funds for such funds paid out by the Funds. To the full extent permitted by the Constitution
and the laws of the State of Georgia and the terms of the Funds, the Sub grantee and its
insurers waive any right of subrogation against the State of Georgia, the Indemnitees, and the
Funds and insurers participating thereunder, to the full extent of this indemnification.
Sub grantee shall, at its expense, be entitled to and shall have the duty to participate in the
defense of any suit against the Indemnitees. No settlement or compromise of any claim, loss
or damage asserted against Indemnitees shall be binding upon Indemnitees unless expressly
approved by the Indemnitees.
47. Conformance of Agreement with the Law. It is the intent and understanding of the parties to
this Agreement that each and every provision of law required to be inserted in this
Agreement shall be and is inserted herein. Furthermore, it is hereby stipulated that every
such provision is deemed to be inserted herein, and if through mistakes or otherwise, any
such provision is not inserted in correct form, then this Agreement shall upon application of
either party, be amended by such insertion so as to comply strictly with the law and without
prejudice to the rights of either party. If this Agreement contains any unlawful provisions,
not an essential part of the Agreement and which appears not to have been a controlling or
material inducement to the making hereof, the same shall be deemed of no effect, and shall
upon the application of either party be stricken from the Agreement without affecting the
binding force of the Agreement as it shall remain after omitting such provision. The parties
agree that this Agreement shall be reformed to replace such stricken provision or part
thereof with a valid and enforceable provision which comes as close as possible to
expressing the intention of the stricken provision.
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thereof with a valid and enforceable provIsIon which comes as close as possible to
expressing the intention of the stricken provision.
48. 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 RDC have executed this agreement as of
the day first above written.
ATTEST:
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Augusta, Georgia, a political sub-division of the State of
Georgia
Address for Official Notices:
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Title
D~TE OfJI-L 7Lchu?
CSRA REGIONAL DEVELOPMENT CENTER tl!5
3023 Riverwatch Parkway, Suite A
Augusta, Georgia 30907 - 2016
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Executive Director
DATE 9 (G( ()~
Page 27 of 35
AAA FY2008 PROVIDER CONTRACT
d
III. Work Services: As a provider under this agreement, the Sub grantee shall be responsible for
the following general activities:
1. The Sub grantee 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 RDC-
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 Sub grantee shall maintain and distribute an updated agency brochure describing
available services within its service area. In addition, the Subgrantee 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 Sub grantee 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 RDC.
7. The Sub grantee shall notify CSRA RDC promptly of any changes III servIce
delivery, organization or sites.
8. The Sub grantee shall do, perform, and carry out, in a satisfactory manner, as
determined by CSRA RDC's cognizant department director, the goals and objectives
required to fulfill this agreement.
9. The Sub grantee shall implement customer satisfaction feedback and provide annual
evaluations. The Sub grantee shall do, perform, and carry out, in a satisfactory
manner, as determined by CSRA RDC's cognizant department director, the
following specific work and services.
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AAA FY2008 PROVIDER CONTRACT
ATTACHMENT B
PROGRAM AND SERVICE REPORTING REQUIREMENTS
Reporting Requirements: As a provider under this agreement, the Sub grantee shall be responsible
for implementing the following reporting requirements.
I. Intake, Assessment and Record Maintenance Basics for All Non-Medicaid Client
1.1 Effective July 1, 1997, the Title III-SSBG Operations Manual is superseded
in part by these policies and procedures.
1.2 Effective July 1, 1997, basic intake and assessment information for all new
clients entering the service delivery system shall be gathered using the
following forms:
(a) The Client Intake, Registration, and Tracking Form (Attachment 1)
(b) The Checklist of Activities of Daily Living and Instrumental
Activities of Daily Living (Attachment 3). If you wish to use the
"Determination of Need for HCBS' instrument instead, you must first
consult your Program Manager for instructions.
(c) The NSI "DETERMINE" Checklist (Attachment 6)
(d) The (CBS) Income Determination Worksheet (Attachment 7)
1.3 The same information shall be gathered for all ongoing clients after July 1,
1997, at the time of annual individual reassessment, and changes to these
client files are to be entered in the MIS data bases as reassessments are
completed.
1.4 Provider or AAA staff responsible for preparing individual client service
plans shall continue to use approved service plan forms until further notice.
1.5 Provider or AAA staff responsible for preparing client notification forms
shall continue to use approved forms until further notice.
1.6 Staff shall continue to include narrative entries in client records usmg
approved documentation formats.
II. Client Intake, Registration and Tracking Form
11.1 Effective July 1, 1997, all affected providers, and/or Area Agencies will use
the Client Intake, Registration and Tracking Form to collect, record and enter
into the Management Information System certain basic individual client data.
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.
11.2
Required data elements:
(a) Items 1-25 on the front of the form
(b) Items 34 and 35, on the reverse side, regarding NSI Checklist Scores.
(NAPIS)
(c) Items 47 and 48 (reverse side), regarding number of ADLs and IADLs
(NAPIS)
(d) Items 52, 53 and 54 (reverse side), regarding service dates and case
disposition/termination
( e) Agency/Provider information
11.3 When form is to be completed or information is to be updated:
(a) Effective July 1, 1997, for all new clients being registered with the
MIS
(b) At the time of the first or subsequent annual reassessment for ongoing
clients
(c) At any time that there is a change in any of the required data for any
client
(d) When a client is moved from a waiting list to active service status
( e) Upon closure or termination of the case.
11.4 Retention and distribution of the form:
(a) Keep the original form completed for initial registration of the client
in the client record.
(b) Provide a copy of the original form, and of any updated information,
to the data entry staff for processing.
(c) If adding or changing information after initial registration, complete a
new form if necessary, or add or change the information (suggestion:
Use a 'highlighter' marker to enter changes on the data entry copy.)
Retain the original in the client record.
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III. Checklist of Activities of Daily Living and Instrumental Activities of Daily
Living
III. 1 When form is completed:
(a) Effective July 1, 1997, all affected providers of Non-Medicaid Home
and Community Based Services, regardless of fund source, or Area
Agencies, will complete the check list for all clients applying for
services, including those who will be placed on a waiting list.
(b) At the time of first reassessment following implementation for each
ongoing client.
(c) At any time that there is a significant change in any client's situation
which affects functional status and the need for services.
III.2 Use of information
(a) Effective July 1, 1997, the information from the ADL-IADL
Checklist, along with information captured on Poverty Level and the
NSI "DETERMINE" Checklist, will, in part, replace the ESENI in
evaluating the client's priority for receiving services.
(b) Clients at or below poverty, with significant impairments in ADLs
and IADLs, and with Nutrition Risk Scores of 6 or higher, shall be
given preference for services.
(c) Ongoing clients shall be reassessed at the annual review date and
decisions regarding continued service needs will be based on this
reassessment, using the same criteria as in III.2 (b), in conjunction
with other significant information about the client's situation and need
for support.
IV. Nutrition Screening Initiative "DETERMINE" Checklist
IV.l Effective July 1, 1997, the NSI "DETERMINE" Checklist shall be used to
determine nutritional risk status for each client applying for non-Medicaid
home and community based services.
IV.2 The initial NSI Checklist Score shall be entered into the Title IIVSSBG
Subsystem, using the Client Intake, Registration and Tracking form.
IV.3 For each client who begins receiving nutrition services on or after July 1,
1997, either at home or in a congregate setting, the NSI "DETERMINE"
Checklist will be administered again within the first three months of service.
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This score, whether the same or different, shall be entered into the Title
III/SSBG Subsystem, using the Tracking form to update the information.
{See II.4 (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 II.4 (c).}
IV.5 The risk status for all clients in the specified services shall be tracked for the
duration of their participation in the service program using the Checklist and
Tracking forms for data collection and data entry on an annual review basis.
IV.6 Wherever feasible, nutrition service applicants/participants with risk scores of
6 or higher shall be referred for additional individualized nutrition screening
(Level I Screening) and counseling by a registered dietician.
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AAA FY2008 PROVIDER CONTRACT
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ATTACHMENT C - COST AND FINANCIAL REPORTING REQUIREMENTS
I. Compensation: The compensation is shown by cost center and resource category on the
Distribution of Resource, Supplemental Fiscal Year exhibit and on the following individual
cost center pages, which are attached to and made a part of this agreement for financial
reporting, monitoring, and audit purposes. The maximum amount of CSRA RDC's
compensation to the Subgrantee by cost center is equal to the total federal and state funds as
outlined in Section I of this agreement.
The Subgrantee's request for payment described in the "Method of Payment" paragraph in
the main body of the Agreement shall delineate charges to be applied to each service. In no
event will total payments under each service exceed the maximum amounts listed on the
"Distribution of Resources" exhibit, nor shall CSRA RDC's payment to the Subgrantee
exceed the total federal and state funds as outlined in Section I of this agreement.
Any deviation from or changes to the approved budget shall be handled as follows:
A. Deviations between Expenditure Object Class Categories (except FOOD or
EQUIPMENT) within the same service are permitted if the cumulative absolute total
of such transfers does not exceed ten (10) percent of the total amount for that service
shown on individual cost center pages. Sub grantee must promptly submit written
notice of such deviation to CSRA RDC. No deviation in the FOOD or
EQUIPMENT Expenditure Object Class Categories is permitted, under this ten
percent provision.
B. If the Subgrantee's proposed deviations exceed the tolerances identified in A. above,
or if transfers of funds are proposed from one or more services to another, a formal
agreement amendment must be requested by the Subgrantee, approved by CSRA
RDC, and executed by both parties.
II. Matching Share: In addition to the requirements specified herein, the Subgrantee
specifically agrees to comply with, and shall be bound by, the applicable terms and
procedures for determining the allowability of non-federal contributions by the Sub grantee
or other non-federal parties in satisfying the cost sharing and matching requirements of this
agreement, if any, including but not limited to 45 CFR 74 and 45 CFR 92 as appropriate.
The Sub grantee further agrees that if non-federal contributions provided by the Sub grantee
or other non-federal parties to fulfill the matching share requirements of this agreement, if
any, are not in conformity with the above and are subsequently disallowed as a result of an
audit by CSRA RDC, the funding agencies, the Comptroller General of the United States, or
any of their duly sworn representatives, then, upon written demand by CSRA RDC, the
Subgrantee shall, within thirty (30) calendar days of receipt of such written demand,
reimburse CSRA RDC the amount of compensation previously paid by CSRA RDC to the
Sub grantee that became unearned because of such disallowance.
III. Program Income: Program income, as defined in 4 CFR 74 and 45 CFR 92 as appropriate,
is further defined as follows:
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AAA FY2008 PROVIDER CONTRACT
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Funds projected to be contributed by participant(s) or person(s) on behalf of a particular
participant(s) of the program during the period of this sub grant agreement. Expenditure of
this resource is limited to funds actually received, up to the amount shown on the
"Distribution of Resources" exhibit. Ifprogram 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 Sub grantee 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
Sub grantee monthly at 12 percent of the total monthly project expenditures for each
service claimed for reimbursement. The Subgrantee agrees that CSRA RDC 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 RDC prior to end of
the agreement period. The Sub grantee further agrees that upon termination of this
agreement for any reason, all unexpended funds held by the Subgrantee shall revert
to CSRA RDC. The Sub grantee 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 RDC'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 RDC, the Subgrantee will apply the interest to the cost
of this agreement prior to making a reimbursement/payment request to CSRA RDC.
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