HomeMy WebLinkAboutFY 2006 WELLNESS AND RECREATION GRANTS
CENTRAL SAVANNAH RIVER AREA
REGIONAL DEVELOPMENT CENTER
3023 River Watch Parkway, Suite A
Augusta, GA 30907-2016
(706) 210-2000 . FAX (706) 210-2006
LENDING
Counties Served:
Burke
Memorandum
Columbia
To:
CSRA Subcontractors
('...'.-............. .~,
\ It',. --..
Andy Crosson, Executive Dir. ector~~ ~
Jeanette Cummings, Director, AAA_..~~
L. Mack Shealy, CFO
Jackie Harris, Contracts Manager
Glascock,
From:
Cc:
Hancock
Jefferson
Date:
July 2005
Subj:
FY 2006 Contracts
Jenkins
Enclosed is an original of the FY 2006 contract. Please refer to your contract
when requesting amendments and other changes. .Ifyou have questions
regarding contractual issue's please contact Jackie Harris at(706) 210-2012.
Lincoln
McDuffie
Thank you for your commitment to Aging services a's we look forward to
another great year of providing quality services to senior adults.
. Enclosure
Richmond
Taliaferro
Warren
Washington
Wilkes
ct'P-Tlf/!/)
6~ O~C,!'-NI~1/04>~'<ti
~cL~
,.
. For information on the Area Agency on Aging (AAA), a division of the CSRA Regional Development ~enter,
call (706) 210-2018 or toll free 1-888-922-4464. Your "one call connection" for finding resources that help senior citizens.
The CSRA Regional Development Center is an Equal Opportunity Employer. .
CENTRAL SA V ANNAH RIVER AREA
REGIONAL DEVELOPMENT CENTER
3023 River Watch Parkway, Suite A
Augusta, Georgia 30907-2016
706-210-2000
.._,...............J.......,
SECTION I: ADMINISTRATIVE INFORMATION
CSRA RDC CONTRACT 06-08-1128
Contract begining on this day July 01, 2005
and ending on June 30, 2006.
BETWEEN
The Administrative Entity - Central Savannah River Area Regional Development Center, hereafter
referred to as the CSRA RDC.
AND
The Contracting Agency AugustalRichmond County Board of Commissioners , hereafter referred
to as the Subgrantee
Funding Information
CFDA: 93.044 Federal
CFDA: 93.044 State
CFDA: N/A State
CFDA: N/A Inkind
CFDA: 93.043 Federal
CFDA: 93.043 State
OAA Title III B-Supportive Services
OAA Title III B-Supportive Services
Community Based Services (CBS)
OAA Title III D
OAA Title III D
Total Obligations
$80,110.00 .
$12,178.00 ..
$722.00 .
$34,786.00 .
$4,542.00
$26,333.00 .
$1,549.00
t
~
~ l \>ll1.o1l'l
J
AAA FY2006 PROVIDER CONTRACT
SECTION TWO
AREA AGENCY ON AGING CONTRACT FOR SERVICES
THIS CONTRACT, entered into as of the 30th day of June 2005, by and between
Augusta/Richmond County Board of Commissioners (hereinafter referred to as "Sub grantee")
and the CENTRAL SAVANNAH RIVER AREA REGIONAL DEVELOPMENT CENTER,
(hereinafter referred to as "CSRA RDC").
WITNESSETH THAT:
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 PROGRAMMA TIC INFORMATION
1. Engagement of the Sub grantee. CSRA RDC hereby agrees to engage the Sub grantee and
the Sub grantee hereby agrees to perform the services hereinafter set forth in accordance with
the terms and conditions herein.
2. Independent Sub grantees. No provision of this contract, act of the Sub grantee in the
performance of this contract, or act of CSRA RDC in the performance of this contract shall
be construed as constituting the Sub grantee as an agent, servant, or employee of CSRA
RDC. Neither party to this contract shall have any authority to bind the other in any respect,
it being intended that each shall remain an independent Sub grantee.
3. Scope of Services: The Sub grantee shall do, perform and carry out in a satisfactory and
proper manner, as determined by CSRA RDC, the work and services described in this
contract and the following amendments hereto:
Attachment A
Program and Service Performance Requirements (including
any special conditions associated with this contract)
Program and Service Reporting Requirements
Cost and Financial Reporting Requirements
Contract Assurance Requirements and Certifications
Sub grantee Cost and Technical Proposals.
Attachment B
Attachment C
Attachment D
Attachment E
4. Term and Time of Performance. This term of this contract runs from July 1,2005 through
June 30, 2006. The effective date of this contract is July 1st, 2005. Work and services shall
be undertaken and pursued in such sequence as to assure their expeditious completion and as
may be required in Attachment "A" that is attached hereto and made a part hereof. All work
and services required hereunder shall be completed on or before June 30th, 2006.
5. Method of Payment. The amount of this contract is included in Section One of this contract
(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
Version 2006-1C
Page 2 of34
J
AAA FY2006 PROVIDER CONTRACT
official amendment to this contract. Such amendments shall become addendums to this
contract. Unless otherwise specified in Attachments, which are attached hereto and made a
part hereof, the following method of payment shall be used:
(a) Progress Payments. Unless otherwise approved by CSRA RDC and the funding
agencies, the Subgrantee shall be entitled to receive progress payments on the
following basis:
(1) a) Cost Reimbursement Contract - 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 actual costs incurred during that month
for each cost center as specified in Attachment "A"
b) Performance Based Fixed Rate Contract - 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
Sub grantee is in compliance with the terms of this agreement, including but not
limited to the Paragraph titled Subcontracts below, and its audit and review and
approval of (1) the monthly program performance report for the relevant month,
and (2) the payment request by cost center, for the relevant month as specified
hereinabove, CSRA 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 request are
received by CSRA RDC on or before the fifth day of the month
reimbursement may be withheld until the followin2 payment cycle.
(b) Final Payment.
(1) The Subgrantee's payment request for the last month of the contract term must
be received by CSRA RDC no later than five days after the termination date of
this contract. Proposed adjustments subsequent to this date are to be requested
within ten days of contract 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 contract termination will become the final request.
Version 2006-1C Page 3 of34
J
AAA FY2006 PROVIDER CONTRACT
(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 Sub grantee reimbursement of any
overpayment. The Sub grantee shall refund to CSRA RDC any such
overpayment within thirty calendar days of notification by CSRA RDC.
( c) Advance Payments
(1) Effective July 1, 2005, any Contractor who wishes to obtain an advance
payment on any contractual obligations from the Central Savannah River Area
Regional Development Center must provide an Irrevocable Letter of Credit
payable to the Central Savannah River Area Regional Development Center for
any advance amount requested in excess of ninety (90) percent of one twelfth
(1/12th) of the annual contract amount.
(2) The Irrevocable Letter of Credit will be called upon in the event the Contractor
ceases to do business during the course of a contract period and fails to comply
with the terms of this Agreement. Additionally, if such an event occurs, the
CSRA RDC will withhold from any remaining payments due to the Contractor
the amount necessary to ensure that the total amount of advanced funds granted
has been recouped.
6. All formal communication regarding this contract shall be in writing between the person
executing this contract on behalf of the Sub grantee (executor) and CSRA RDC's Executive
Director. Formal communications regarding this contract 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 contract in advance of receiving a formal contract 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 contract. 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 contract only, except for executing
amendments (Paragraph 27) or terminations (Paragraphs 36, 37, or 38 hereto) or for
interpretation of the requirements of this contract. In addition, all formal communications
regarding this contract to include correspondence, reports, and requests for payments shall
be submitted directly to the CSRA RDC's AAA CONTRACT MANAGER, JACKIE
HARRIS and copied to the CSRA RDC's Executive Director. Such appointments herein
may be changed only via a written addendum to this agreement.
Version 2006-1 C
Page 4 of34
J
AAA FY2006 PROVIDER CONTRACT
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
Subgrantee 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 Subgrantee. The execution of a
Health Insurance Portability and Accountability Act (HIP AA) Business Associate agreement
shall occur prior to execution of this agreement and the 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 contract and withholding of any remaining payments due until such time the Subgrantee
furnishes the records requested.
The Sub grantee has executed a Health Insurance Portability and Accountability Act
(HIP AA) Business Associate Agreement with the CSRA 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 Sub grantee 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 contract made against an employee of
the Sub grantee. The Sub grantee 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
(subcontractors) for compliance with the provisions of this Contract and all applicable
federal and state laws and regulations, with or without notice, at anytime during the term of
Version 2006-1C
Page 5 of 34
J
AM FY2006 PROVIDER CONTRACT
this Contract. 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 Contract,
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 Contract. The Department and/or CSRA RDC will provide the Subgrantee
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.
Effective July 1, 2005, 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 contract:
"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 Subgrantee 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:
(1) secure and maintain maximum independence and dignity in a home
environment for older persons and other eligible individuals capable of se1f-
care with appropriate supportive services;
Version 2006-1C
Page 6 of34
_I
AAA FY2006 PROVIDER CONTRACT
(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 contract. 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, hereinbelow.
(c) The Sub grantee 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.
Sub grantee 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 contract are a part of said Area Plan.
(e) The Subgrantee acknowledges that the CSRA RDC Area Plan delineates a range of
available services for the elderly and, therefore, the Sub grantee agrees to coordinate
and cooperate with other CSRA RDC contracted service providers to the fullest
extent possible and in a manner satisfactory to CSRA RDC.
Version 2006-1C Page 70f34
J
AAA FY2006 PROVIDER CONTRACT
(f)
Supportive services and nutntIOn services, if any, included in this contract, 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. Reports. The Sub grantee 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 Subgrantee. Such report(s) shall be furnished to CSRA RDC within five days after
the end of the period reported. All due dates in this contract 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 contract 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 contract. 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 contract shall be the subject of an application for copyright by or
on behalf of the Sub grantee or its fourth party Subgrantees. The Subgrantee acknowledges
that matters regarding the rights to inventions and materials generated by or arising out of
this contract 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 Contract: The CSRA RDC reserves the right to suspend
the contract/sub grant in whole or in part under this contract 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 contract, 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.
16. Cooperation in Transition of Services The Subgrantee agrees upon termination of this
contract, in whole or in part, for any reason that the Subgrantee will cooperate as requested
by the CSRA RDC to effectuate the smooth and reasonable transition of the care and
Version 2006-1C
Page 8 of34
J
AAA FY2006 PROVIDER CONTRACT
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 contract 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
contract period.
17. Force Majeure. Each party will be excused from performance under this contract 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 contract nor a basis for termination
for cause. Nothing in this paragraph shall be deemed to relieve the Sub grantee from its
liability for work performed by any fourth party Subgrantees. 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 contract.
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 Sub grantee. 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 Sub grantee 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 Sub grantee shall not display the Department'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 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
Version 2006-1 C
Page 9 of34
J
AAA FY2006 PROVIDER CONTRACT
of work supported and funded by this contract, 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 contract, 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 contract. Should any
copyright materials be produced as a result of this contract, 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. Sub grantee 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
Sub grantee 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
Sub grantee financial records shall provide for (1) accurate, current, and complete disclosure
of the financial results of each cost center; (2) records that identify adequately the source
and application of funds by cost center for activities supported under this contract; 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 contract, 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.
23. Audits. Sub grantees that expend $500,000 or more in Federal funds during their fiscal year
agree to have a single entity-wide audit conducted for that year in accordance with the
provisions of the Single Audit Act Amendments of 1996 (Public Law 104-156) and their
implementing regulation, OMB Circular A-B3 entitled, "Audits of States, Local
Governments, and Nonprofit Organizations." The audit reporting package shall include the
documents listed in Policy 1244 of the DHR Directives Information System.
Version 2006-1C
Page 10 of34
J
AAA FY2006 PROVIDER CONTRACT
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 Sub grantee 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
Effective July 1, 2005, the Central Savannah River Area Regional Development Center's
Board of Directors has established the following sanction for any violation of this
contractual 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 Subgrantee, controlling the Sub grantee, or under common control with the
Subgrantee, nor its agents, employees or fourth party Subgrantees, presently has an interest,
nor shall acquire an interest, direct or indirect, which would conflict in any manner or degree
with the performance of its service hereunder, or which would prevent, or tend to prevent,
the satisfactory performance of the Subgrantee's service hereunder in an impartial and
unbiased manner. The Sub grantee further covenants that in the performance of this contract
no person having any such interest shall be employed by the Sub grantee as an agent, fourth
party Sub grantees or otherwise. If the Sub grantee contemplates taking some action which
Version 2006-1 C
Page 11 of34
J
AAA FY2006 PROVIDER CONTRACT
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
contract 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 contract 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 contract 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 contract. 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 contract without the express written approval of the CSRA RDC Executive Director.
Sub grantee violation of this restriction shall be grounds for contract termination.
28. Proiect Administration.
(a) The Sub grantee agrees that the Sub grantee executor is responsible for ensuring that
all terms and conditions of the contract are fully met to CSRA RDC's satisfaction.
(b) The Sub grantee agrees that all persons who administer the funds associated with this
contract on behalf of the Sub grantee will be responsible to the Sub grantee executor.
(c) The Sub grantee agrees that the Sub grantee executor and all persons who administer
the funds associated with this contract 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 contract or $25,000, whichever is less, if receiving an advance of funds.
The Sub grantee shall transmit written documentation of such bonding to CSRA
RDC, in form satisfactory to CSRA RDC, prior to receipt of any funds from CSRA
Version 2006-1C Page 12 of34
J
AAA FY2006 PROVIDER CONTRACT
RDC. For bonds that expire before the completion date of this contract, 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 Sub grantee 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) contract by the
Subgrantee may be subcontracted (fourth party) under the following conditions:
(a) The Sub grantee agrees that the selection of fourth party Subgrantees requires
competition between potential fourth party Subgrantees pursuant to 45 CFR 74 or
adequate justification for sole source selection.
(b) All such subcontracts shall bind the fourth party Subgrantee to applicable terms and
conditions of this (third party) contract between CSRA RDC and the Subgrantee.
(c) Any fourth party contract 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 contracts shall be on file at the Subgrantee's office and
available for review by CSRA RDC monitors upon request.
(e) The Sub grantee will be responsible for the performance of any fourth party
Subgrantees to whom any duties are delegated under any provision of this contract.
(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-
performance of duties under this contract which are delegated to the fourth party
Subgrantees.
(g) If the Subgrantee subcontracts for the provision of any deliverab1es pursuant to this
contract, the Subgrantee 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 contract related to the quality and quantity of de1iverab1es,
Version 2006-1C Page 13 of34
I
AAA FY2006 PROVIDER CONTRACT
compliance with state and federa11aws and regulations, confidentiality, auditing,
access to records and contract 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 Subgrantees who fails to adhere to the
contract 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 Subgrantee 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 Payment or in
termination pursuant to the Paragraph titled Termination for Cause.
30. Assignability. The Sub grantee 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 contract 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 contract. Only the CSRA
RDC's Executive Director may execute amendments to this contract on behalf of the CSRA
RDC.
32. Disputes and Appeals. The CSRA RDC Executive Director shall decide any questions
arising under this contract. 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 Sub grantee 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 Sub grantee 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
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 Sub grantee and to CSRA RDC's Executive Director.
Version 2006-1C
Page 14 of34
J
AAA FY2006 PROVIDER CONTRACT
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 contract and in accordance with
CSRA's Board of Director's decision.
The Sub grantee agrees that the decision of the CSRA RDC's Board of Directors concerning
the question shall be final and conclusive unless the Sub grantee 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 Sub grantee shall have written procedures through which its subcontractors (fourth
party(ies)) may dispute and/or appeal decisions made by the Sub grantee. 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 Subgrantee hereby assures and certifies that it will comply with the
regulations, policies, guidelines and requirements, including the Executive Order 12372,45
CFR 74, 45 CFR 92, and U.S. Office of Management and Budget Circular (as currently
amended) Nos. A-87, A-102, A-110, 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 Sub grantee gives assurance and certifies with
respect to this purchase of service agreement that:
(a) For all purchase of service agreements:
(1)
(2)
Version 2006-1 C
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 Subgrantee 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
representative of the Sub grantee is authorized to execute a purchase of
service agreement contract incorporating the terms of its application.
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,
Page 15 of34
J
Version 2006-1 C
AAA FY2006 PROVIDER CONTRACT
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 Sub grantees 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 contract 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 ofthe 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
underuti1ized, 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 contract. The Sub grantee agrees to post in a conspicuous place
available to employees and applicants for employment, notices to be provided
setting forth the provisions of this non-discrimination clause.
The Sub grantee shall in all solicitations or advertisements for fourth party
Subgrantees or employees placed by or on behalf of the Sub grantee, state that
all qualified applicants will receive consideration for employment without
regard to age, disability, religion, creed or belief, political affiliation, race,
color, sex or national origin. The Sub grantee shall not discriminate against
any qualified client or recipient of services provided through this contract 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
provisions to be included in all subcontracts for any work covered by this
contract 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).
Page 16 of34
J
AAA FY2006 PROVIDER CONTRACT
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 Sub grantee 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 assIstmg 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-1 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
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
Version 2006-1 C Page 17 of34
J
AAA FY2006 PROVIDER CONTRACT
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 contract and all
previous contracts 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
Vehic1e Management Manual, which are by reference made a part of this
contract. 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:
CSRA Regional Development Center
Attn; Property Control
3023 River Watch Parkway, Suite A
Version 2006-1 C
Page 18 of34
J
AAA FY2006 PROVIDER CONTRACT
Augusta, GA 30907
D. In the event that contract is terminated prior to expiration or is not renewed,
Sub grantee 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, Sub grantee agrees to transport the
RDC's property to the CSRA RDC's facility. Expenses incurred by the
Sub grantee in transporting this equipment may be charged to the
terminated contract.
35. Federal Prohibitions and Requirements Related to Lobbying: Pursuant to Section 1352 of
Public Law 101-221, the Sub grantee 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 anv 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 of the
information contained in any disclosure form previously filed by the Sub grantee
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
Version 2006-1 C
Page 19 of34
J
AM FY2006 PROVIDER CONTRACT
(2)
A change in the person(s) or individua1(s) influencing or attempting to
influence a covered Federal action; or,
(3)
A change in the officer(s), emp10yee(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
accordingly.
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 contract by any federal department or agency.
The Sub grantee 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 Subgrantee 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 contract as fully as if the same were attached hereto.
If any of the terms and conditions of this agreement conflict with any terms and conditions
of the purchase of service contract, the Sub grantee agrees to abide by the terms and
conditions of the contract, which shall be controlling unless prior written consent to the
contrary is received from CSRA 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).
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
Version 2006-1 C
Page 20 of34
_I
AAA FY2006 PROVIDER CONTRACT
facilitieslbui1dings unless newly occupied on or after October 1, 1980, in accordance with
OMB Circular A-87.
39. Criminal Records Investigation:
(a) The Sub grantee agrees that, for the filling of positions or classes of positions having
direct care/treatment custodial responsibilities for services rendered under this
contract, 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 contract.
(c) The provisions of this paragraph of the contract 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 contract, the Subgrantee
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 Sub grantee 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 Sub grantee shall reimburse CSRA RDC in full for any payment made by
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 Sub grantee understands that the State of
Georgia's Department of Human Resources' Division of Aging Services (the Department) is
Version 2006-1 C
Page 21 of34
.
AAA FY2006 PROVIDER CONTRACT
the primary source of funds for this sub grant agreement. Under Subsection 93.11 (~93.11)
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 of the 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 sub grants, contracts,
subcontracts, and/or cooperative agreements are required to take proactive steps to ensure
that employees within their agencies are aware of the CSRA 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 contract,
in the event that any of the funding sources of for payments to the CSRA RDC for
services under this contract no longer exist, or in the event the sum of all obligations of
the Center incurred under this and all other contracts entered into for this program
exceeds the balance of such contract sources, then this contract 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 contract may be terminated for cause, in whole or in
part, at any time by the CSRA RDC for failure of the Sub grantee to perform any of the
provisions hereof. Should the CSRA RDC exercise its right to terminate this contract
under the provisions of this paragraph, the termination shall be accomplished in writing
and specify the reason and termination date. The Sub grantee will be required to submit
the final contract expenditure report not later than 45 days after the effective date of
written notice of termination. Upon termination of this contract, 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
Version 2006-1 C
Page 22 of34
J
AAA FY2006 PROVIDER CONTRACT
other remedies provided by law or the terms of this contract.
C. For Convenience of the Subgrantee. This contract 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 contract 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 Sub grantee at least thirty (30) days prior to the effective date of
cancellation or termination.
E. Notwithstanding any other provision of this paragraph, this contract 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. Subgrantee 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 sub grantees knowingly provides fraudulent, misleading 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 contract.
5. A voluntary or involuntary bankruptcy petition is filed by or against the Sub grantee
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 Sub grantee.
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.
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.
Version 2006-1C
Page 23 of34
44.
45.
J
AAA FY2006 PROVIDER CONTRACT
Subgrantee/Fourth-Partv 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 contract. 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 Contract or state and federal laws, that this contract may be terminated
immediately in whole or in part.
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/client/patient who may have AIDS or be infected with Human
Immunodeficiency Virus (HN). The Sub grantee 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/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 (HBY) 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/clients/patients, not to discriminate against any consumer/cus-
tomer/client/patient who may have AIDS or be infected with Human Immunodeficiency
Virus (HIY). The Sub grantee 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 Subgrantee
further agrees to refer those consumers/customers/clients/patients requesting additional
AIDS related services or information to the appropriate county health department.
Notwithstanding subparagraph A above, if the 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 (HBY) and Human Immunodeficiency Virus (H IY)," 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.
Version 2006-1 C
Page 24 of34
J
AAA FY2006 PROVIDER CONTRACT
46.
Indemnification of CSRA RDC. Sub grantee 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 Contract, due to any act or omission on the part of
Sub grantee, 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 Contract 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 Contract 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 Sub grantee 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 Subgrantee 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 ofthis 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.
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
Version 2006-1C
Page 25 of34
J
AAA FY2006 PROVIDER CONTRACT
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.
I II II I I II II I III IIIII II III I III II III IIIIII II I II I I I I I I
THIS SPACE INTENTIONALLY LEFT BLANK
I II II I I II I II I II I I III II I II I III I II I II III I I II I II I II I I I
IN WITNESS WHEREOF, the Sub grantee and the CSRA RDC have executed this contract as of
1;' the day first above written.
ATTEST: Augusta/Richmond County
Board of Commissioners
Ai!!l~If'~
Address for Official Notices:
Mayor Bob Young
530 Greene Street
Augusta, Georgia 30 011
1/ff /o;1e
CjJ;
DATE
ATTEST:
CSRA REGIONAL DEVELOPMENT CENTER
3023 Riverwatch Parkway, Suite A
Augusta, Georgia 30907-2016
~ L-
By: ~
Executive Director
DATE ? / !<b I 05
I
---.,
~a j, ~P-A-pL
Version 2006-1 C
Page 26 of 34
J_
AAA FY2006 PROVIDER CONTRACT
ATTACHMENT A
PROGRAM AND SERVICE PERFORMANCE REQUIREMENTS
Augusta/Richmond County Board of Commissioners
I. General: The work to be accomplished by the sub grantee is in support of the
following CSRA RDC work program components, hereinafter referred to as
"cost center(s)."
Cost Center No.
Cost Center Title
06-08- 1128
Health Promotion!
W ellness
Recreation
Contract Units
Persons Served
Wellness - CBS - 375
Wellness - Title nID - 375
Recreation - Title InB - 500
150
150
150
The subgrantee's monthly program performance reports will separately detail
progress made relative to each CSRA RDC cost center.
II. Area Covered: The sub grantee shall perform all the services provided for
under this contract within and respecting the following geographic area,
herein called the service delivery area.
Richmond County
Version 2006-1 C
Page 27 of 35
J
AAA FY2006 PROVIDER CONTRACT
III.
Work Services: As a provider under this contract, 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
contract period. Reports are due on the 10th of the succeeding month.
2. The Sub grantee shall attend all regularly scheduled and/or called CSRA RDC-
sponsored meetings and training sessions.
3. The Sub grantee shall be responsible for developing, maintaining, and fulfilling all
written working agreements called for in each cost center.
4. The Sub grantee shall maintain and distribute an updated agency brochure describing
available services within its service area. In addition, the 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 Sub grantee 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
as submitted in the Provider's FY '2004 Grant Application. The application by
reference is an official contract document.
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.
III II I 11/111 11/111 11/111 I I II 11/11 II II II I I I I I I I I I I II
III II 1/111/111/11 IIIIII I 11/111 IIIIIII 11/111 I I I I II II
THIS SPACE LEFT INTENTIONALLY BLANK
/1111111 II II II III II II II I I 1/111/11 II II 1111/11/11 II II
III IIIIIII II 11/1111 IIIIII 1/111 III II II I I I I I I I /II I I II
Version 2006-1C
Page 28 of 34
J
AAA FY2006 PROVIDER CONTRACT
A TT ACHMENT B
PROGRAM AND SERVICE REPORTING REQUIREMENTS
Reporting Requirements: As a provider under this contract, 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.
Version 2006-1C
Page 29 of34
J
Version 2006-1 C
AAA FY2006 PROVIDER CONTRACT
11.2
Required data elements:
(a) Items 1-25 on the front of the form
(b) Items 34 and 35, on the reverse side, regarding NSI Checklist Scores.
(NAP IS)
(c) Items 47 and 48 (reverse side), regarding number of ADLs and IADLs
(NAP IS)
(d) Items 52, 53 and 54 (reverse side), regarding service dates and case
dispositionltermination
( 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.
Page 30 of34
J
AAA FY2006 PROVIDER CONTRACT
III.
Checklist of Activities of Daily Living and Instrumental Activities of Daily
Living
111.1 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.
111.2 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 111.2 (b), in conjunction
with other significant information about the client's situation and need
for support.
IV. Nutrition Screening Initiative "DETERMINE" Checklist
IY.1 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 III/SSBG
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.
Version 2006-1C Page 31 of34
J
Version 2006-1C
AAA FY2006 PROVIDER CONTRACT
This score, whether the same or different, shall be entered into the Title
III/SSBG Subsystem, using the Tracking form to update the information.
{See 11.4 (c.)}
IV.4 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 Trackingform to capture the information.
{See 11.4 (c).}
IV.5 The risk status for all clients in the specified services shall be tracked for the
duration of their participation in the service program using the Checklist and
Tracking forms for data collection and data entry on an annual review basis.
IY.6 Wherever feasible, nutrition service app1icantslparticipants with risk scores of
6 or higher shall be referred for additional individualized nutrition screening
(Level I Screening) and counseling by a registered dietician.
III/ I III II II II II I I 11111/11/111 III III/ II I I I I I I I I I I II
II I II III II II II III III/ I II II II II III II 11111/11/11 I II II
111/11/11111 III/ I II II III/I II II III II II III/I II III II II
1111/11/11/1 II III/ I II I II II II II III II II 11111/1 I I I I I II
111/111/11/111 II I I I I I I II II II II III II I 1111/1 I I I I I I I II
II I 111111/11 IIIIIII I I III II II II III II II III/I II II I II II
THIS SPACE LEFT INTENTIONALLY BLANK
III/III/II II II III 111111/11/111 III II II III/ I 1111/11 II
1111/111 II II/III I I I II 11111/111111 II II III/I 1111/1 I II
III/ I I II II IIII II I II 111111/11/1111 II II III/I I I I II I I II
III II 111/1111111/1 I II 1111111/111/11 II III/II/II I IIII
III 1111/11/111/1111 1111/1111/1111 IIIIIII 111/11/11 II
III 1111/11/111/111/ II III II 111111/11 II III 111/11/11/1
III II 111/11111/1111 II 1111111/111111 II III/ I II II I II II
Page 32 of34
J
AAA FY2006 PROVIDER CONTRACT
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 contract for financial
reporting, monitoring, and audit purposes. The maximum amount of CSRA RDC's
compensation to the Sub grantee 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 Contract 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 Sub grantee
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
contract amendment must be requested by the Sub grantee, approved by CSRA RDC,
and executed by both parties.
II. Matching Share: In addition to the requirements specified herein, the Sub grantee
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
Contract, if any, including but not limited to 45 CFR 74 and 45 CFR 92 as appropriate.
The Subgrantee 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 contract, 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
Sub grantee 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:
Version 2006-1C
Page 33 of34
J
AAA FY2006 PROVIDER CONTRACT
Funds projected to be contributed by participant(s) or person(s) on behalf of a particular
participant(s) of the program during the period of this subgrant contract. Expenditure of this
resource is limited to funds actually received, up to the amount shown on the "Distribution
of Resources" exhibit. If program income is generated in excess of the amount shown on
the "Distribution of Resources" exhibit, a contract 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 contract. 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 Sub grantee agrees that Match and Program Income collected shall be expended
monthly or at intervals such that state and federal funds are not expended at an
accelerated rate (e.g. 10 percent match to 90 percent state and federal funds in Title
III; and 12 percent match to 88 percent state and federal funds in SSBG).
C. The Subgrantee agrees to furnish annual cost/cash contribution or in-kind match for
Title III, as appropriate, which represents 10 percent of the total cost of this contract.
The certified cost/expenditures or in-kind match values will be expendedlrecorded
by the Subgrantee monthly at 10 percent of the total monthly project expenditures for
each service claimed for reimbursement.
D. The Subgrantee agrees to furnish annual cost/cash contribution or in-kind match for
SSBG which represents 12 percent of the total cost of this contract. 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 Sub grantee 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 contract must be returned to CSRA RDC prior to end of the
contract period. The Sub grantee further agrees that upon termination of this contract
for any reason, all unexpended funds held by the Sub grantee 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 contract 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 Sub grantee will apply the interest to the cost of this
contract prior to making a reimbursement/payment request to CSRA RDC.
Version 2006-1C Page 34 of34
J
AAA FY2006 PROVIDER CONTRACT
ATTACHMENT D CONTRACTOR COST AND TECHNICAL PROPOSALS
The Sub grantee shall do, perform and carry out in a satisfactory and proper manner, as
determined by CSRA RDC, the work and cost submitted in Attachment A which is on file at
the CSRA RDC and made a part hereof.
. Sub grantee' s Request for proposal for FY 2006 are official source documents of said
contract
. Unit Cost Methodology Spreadsheet
. Diskette
On file at:
CSRA Regional Development
3023 River Watch Parkway
Suite A
Augusta, Georgia 30914-2016
Version 2006-1C
MEMORANDUM
July 21 S\ 2005
To: Ms. Lena Bonner, Clerk of Commission t;J-.
From: Tom Beck, Director of Recreation and Parks
Re: Contract - CSRA ROC
Enclosed you will find the original contract for your file for a contract for wellness and recreation
grants thru CSRA ROC. The approval for this grant was made by the Augusta Commission at
their regular meeting held June ih, 2005 (item #1 and 16).
Should you have any questions in this regard, do not hesitate to call.
Tom Beck
Director
Augusta Recreation and Parks
Cc Ms. Terri Cheek