The URL can be used to link to this page

Home My WebLink AboutWellness and Recreation DOCUMENT NAME: DOCUMENT TYPE: YEAR: ?ODS- BOX NUMBER: d.. S- FILE NUMBER: 11 Lo ~ 1 NUMBER OF PAGES: 3~ Augusta Richmond GA Counties Served: Burke Columbia Glascock Hancock Jefferson Jenkins Lincoln McDuffie Richmond Taliaferro Warren Washington Wilkes Gt.\l.l'lF1f() 1/ o"c,I>~ ~"'1"IO", "~ lil 0"J, ~ 'y '"J ~,C~p \\1} ..i ~ CENTRAL SAVANNAH RIVER AREA REGIONAL DEVELOPMENT CENTER 3023 River Watch Parkway, Suite A Augusta, GA 30907-2016 (706) 210-2000 · FAX (706) 210-2006 'In .",'...... \. fit n..hi\! _ ~..', 1..@f.~.1)i!t-$1.~ LENDING March 14, 2005 Ms. Lena J. Bonner Clerk of Commission 530 Greene Street Augusta, Georgia 30911 Dear Ms. Bonner: Enclosed is a copy of the Wellness and Recreation contract. The contract has original signatures. If there are questions regarding the contract, please contact Jackie Harris at (706) 210-2012. We look 'forward to working with the Augusta/Richmond County Board of Commissioners and their staff on this project. Sincerely, Andy Crosson Executive Director Cc: Jeanette Cummings Jackie Harris Tom Beck Enclosure For infomlation on the Area Agency on Aging (AAA), a division of the CSRA Regional Development Center, 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, I , CENTRAL SAVANNAH RIVER ^-REA REGIONAL DEVELOPMENT CENTER 3023 River Watch Parkway, Suite A Augusta, Georgia 30907-2016 706-210-2000 ~ ....__...........h..., SECTION I: ADMINISTRATIVE INFORMATION CSRA RDC CONTRACT 05-08-1128 Contract begining on this day February 01, 2005 and ending on June 30, 2005. BETWEEN The Administrative Entity - Central Savannah River Area Regional Development Center, hereafter referred to as the CSRA RDC. AND The Contracting Agency Augusta/Richmond County Board of Commissioners , hereafter referred to as the Subgrantee Funding Information CFDA: 93,044 Federal OAA Title III B-Supportive Services $26,333,00 CFDA: 93,044 State OAA Title 11l B-Supportive Services $1,549,00 CFDA: N/A State Community Based Services (CBS) $34,786,00 CFDA: N/A Inkind $3,098,00 Total Obligations $65,766.00 rl AAA FY2005 PROVIDER CONTRACT SECTION TWO AREA AGENCY ON AGING CONTRACT FOR SERVICES THIS CONTRACT, entered into as of the 1st day of ,~RCH_ 2005 by and between AU2ustaIRichmond County Board of Commissioners (hereinafter referred to as "Sub grantee") and the CENTRAL SAVANNAH RIVER AREA REGIONAL DEVELOPMENT CENTER, (hereinafter referred to as "CSRA ROC"), 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 PROGRAMMATIC INFORMATION 1, Engagement of the Sub grantee. CSRA ROC hereby agrees to engage the Subgrantee and the Sub grantee hereby agrees to perform the services hereinafter set forth in accordance with the terms and conditions herein. 2, Independent Subgrantees, No provision of this contract, act of the Subgrantee in the performance of this contract, or act of CSRA ROC in the performance of this contract shall be construed as constituting the Subgrantee as an agent, servant, or employee of CSRA ROC. 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 Subgrantee, 3, Scope of Services: The Sub grantee shall do, perform and carry out in a satisfactory and proper manner, as determined by CSRA ROC, 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 Februaryy 1, 2005 through June 30, 2005, The effective date of this contract is February 1, 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, 2005, 5, Method of Payment. The amount of this contract is included in Section One of this contract (page I), Total payments from the CSRA ROC to the Subgrantee shall not exceed the Version I Page 2 of33 ~ ~I AAA FY2005 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 fol1owing basis: (1) On or before the fifth business dav of the month following the month for which reimbursement is requested, the Subgrantee shal1 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." (2) Upon the basis of CSRA RDC's determination to its satisfaction that the Subgrantee is in compliance with the terms of this agreement, including but not limited to the Paragraph titled Sub-grants below, and its audit and review and approval of (1) the monthly program performance report for the relevant month, and (2) the reimbursement request by cost center, for the relevant month as specified hereinabove, CSRA RDC will make payment to the Subgrantee not more than once per month, (3) CSRA RDC may, at its discretion disal10w or delay payment of all or part of a request if CSRA RDC determines that the Subgrantee is not in compliance to CSRA RDC's satisfaction with any of the terms of this agreement. Unless the monthlv prOl!ram performance report and the reimbursement request are received bv CSRA RDC on or before the fifth business day of the month reimbursement may be withheld until the followinl! payment cvcle. (b) Final Payment. (1) The Subgrantee's reimbursement 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, disal10w payment of al1 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. (3) Upon receipt by CSRA RDC of the Subgrantee's final reimbursement request and al1 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 Version I Page 3 of 33 ~ .1 AAA FY2005 PROVIDER CONTRACT hereunder have been completed, CSRA RDC will make either a final payment to the Sub grantee for any allowable expenditures in excess of prior payments for each cost center or request from the Subgrantee reimbursement of any overpayment. The Subgrantee shall refund to CSRA RDC any such overpayment within thirty calendar days of notification by CSRA RDC. 6, All formal communication regarding this contract shall be in writing between the person executing this contract on behalf of the Subgrantee (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 Subgrantee 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 Subgrantee 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, 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 Sub grantee, 9, Access to Records and Inspections, The state and federal government and the 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) for the purpose of conducting or reviewing audit examinations, excerpts, and transcripts, Sub grantee and fourth party Subgrantees 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 Version I Page 4 of33 ~ ,I 10, Version I AAA FY2005 PROVIDER CONTRACT the Subgrantee, 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 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 Subgrantees 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 this Contract. The Subgrantee agrees to cooperate fully with these monitoring and inspection activities, Such monitoring and inspection activities may include, without limitation, on-site health and safety inspections, financial and behavioral health/clinical audits, review of any records developed directly or indirectly as a result of this 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 will provide the Sub grantee with a report of any findings and recommendations and may require the Subgrantee to develop corrective action plans as appropriate, Such corrective action plans may include requiring the Subgrantee to make changes in service authorization, utilization practices, and/or any activity deemed necessary by the Department. 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 Subgrantee also agrees to carry out the program in compliance with requirements relating to the application, acceptance and use of Federal funds for this program, including, but not limited to, Executive Order 12372 and 41 CFR 29-70 or 45 CFR 74 or 45 CFR 92, as appropriate, The Subgrantee 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 Subgrantee agrees to execute a program which will: (1) secure and maintain maximum independence and dignity in a home environment for older persons and other eligible individuals capable of self- care with appropriate supportive services; (2) remove individual and social barriers to economIC and personal independence; and Page 5 of33 ~ ,I AAA FY2005 PROVIDER CONTRACT (3) provide specified services to eligible individuals who reside within the planning area, with greatest social need being determined by advanced age (75 years or more); (4) transport those deemed in need to scheduled sites, 11, 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 ofCSRA RDC 12, Standards for Service Performance, (a) The Subgrantee shall perform all services in accordance with the definitions cited in Attachment "A" and as further defined in relevant notices issued by CSRA 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 Subgrantee acknowledges that CSRA RDC has developed a multi-year Area Plan on Aging which is updated annually (hereinafter referred to as the "Area Plan") for a comprehensive and coordinated system for the delivery of supportive services and nutrition services to the elderly within the planning area pursuant to the Older Americans Act of 1965 and the Community Care Act of 1985, as amended, (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 Sub grantee acknowledges that the CSRA RDC Area Plan delineates a range of available services for the elderly and, therefore, the Subgrantee agrees to coordinate and cooperate with other CSRA RDC contracted service providers to the fullest extent possib Ie and in a manner satisfactory to CSRA RDe. (f) Supportive services and nutrition 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, 13, Termination of Services to Clients, The Sub grantee agrees, with respect to any individual who is a potential program participant or a potentially aggrieved program participant, to provide such individual with meaningful opportunity to be heard concerning his or her eligibility or continuing eligibility at a hearing, The Subgrantee shall have procedural Version 1 Page 6 of 33 ~ ~I AAA FY2005 PROVIDER CONTRACT 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. 14, Reports, The Subgrantee shall furnish CSRA RDC with monthly program performance reports, in such form as may be specified by CSRA RDC, describing the work accomplished by the 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, 15, Rights in Documents, Materials and Data Produced. The Subgrantee agrees that all reports, studies, records, and other data prepared by or for it under the terms of this 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 Subgrantee 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 Subgrantee 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, 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 RDC to effectuate the smooth and reasonable transition of the care and services for consumers/customers/clients as directed by the 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 RDC. Sub grantee further agrees that should it go out of business and/or cease to operate, all original records of consumers/customers/clients served pursuant to this contract shall be transferred by the Sub grantee to the RDC immediately and shall become the property of the RDC. 17, Force Maieure, 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 Subgrantee from its liability for work performed by any fourth party Subgrantees, If the services to be provided to the RDC are interrupted by a force majeure event, the 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 Version l Page 70f33 ~ ~I AAA FY2005 PROViDER CONTRACT herein identify the ROC and the State Department of Human Resources as sponsoring agencies, Publicity materials include, but are not limited to, signs, notices, information pamphlets, press releases, brochures, radio or television announcements, or similar information prepared by or for the Subgrantee, Prior approval for the materials must be received from the ROC 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, 1n addition, the Subgrantee shall not display the ROC 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 ROC and/or the Commissioner of DHR. 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, lngangible Property and Publications, The Subgrantee agrees if patentab Ie items, patent rights, processes, or inventions are produced in the course of work supported and funded by this contract, to report such facts in writing promptly and fully to the ROC. The ROC, the federal agency, and DHR shall determine whether protection of the invention or discovery shall be sought. The ROC, 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 ROC 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 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, ROC, and/or departmental purposes, Publications: All publications, including pamphlets, art work, and reports shall be submitted to the ROC 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 41 CFR 29-70 or 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 Version 1 Page 8 of 33 ~ ~I AAA FY2005 PROVIDER CONTRACT as CSRA RDC or the funding agencies may require, This includes, but it not limited to, the requirement that Subgrantee financial records shall provide for (1) accurate, current, and complete disclosure of the financial results of each cost center; (2) records that identify adequately the source and application of funds by cost center for activities supported under this 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 Subgrantee 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 Subgrantee 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, Subgrantees that expend $300,000 or more in Federal funds during their fiscal year agree to have a single entity-wide audit conducted for that year in accordance with the provisions of the Single Audit Act Amendments of 1996 (Public Law 104-156) and their implementing regulation, OMB Circular A-133 entitled, "Audits of States, Local Governments, and Nonprofit Organizations." The audit reporting package shall include the documents listed in Policy 1244 of the DHR Directives Information System, 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 Sub grantee understands that according to the provisions of Title 50, Chapter 20, Sections 4 and 6 of the Official Code of Georgia, failure to comply with the above audit and financial Version 1 Page 9 of 33 ~ _.1 AAA FY2005 PROVIDER CONTRACT reporting requirements could be cause for DHR to suspend payments, to terminate this contract, to require a refund of all monies received under this contract and to prohibit the Subgrantee from receiving funds from any state organization for a period of twelve (12) months from the date of notification by DHR or the State Department of Audits and Accounts, Subgrantee understands that failure to comply with the above audit and financial reporting requirements could cause CSRA RDC to suspend payments, to terminate this contract, to require refund of all monies received under this contract, and to prohibit the Subgrantee from receiving additional funding, 24, Interest of Sub grantee. The Subgrantee covenants that neither the Sub grantee, nor anyone controlled by the Sub grantee, controlling the Subgrantee, 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 Subgrantee 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 Subgrantees or otherwise, If the Subgrantee contemplates taking some action which may constitute a violation of this paragraph, and Sub grantee shall request in writing the advice of CSRA RDC, and if CSRA RDC notifies the Sub grantee in writing that the Subgrantee's contemplated action will not constitute a violation hereof, then the Subgrantee shall be authorized to take such action without being in violation ofthis paragraph, 25, Interest of Members ofCSRA RDC and Others, No officer, member or employee ofCSRA 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 ROC, 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 Subgrantee 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 Version I Page 10 of33 ~ ,I AAA FY2005 PROViDER CONTRACT 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. Subgrantee violation of this restriction shall be grounds for contract termination, 28, Proiect Administration, (a) The Subgrantee agrees that the Subgrantee executor is responsible for ensuring that all terms and conditions of the contract are fully met to CSRA RDC's satisfaction, (b) The Subgrantee agrees that all persons who administer the funds associated with this contract on behalf of the Sub grantee will be responsible to the Subgrantee executor. (c) The Subgrantee agrees that the Subgrantee executor and all persons who administer the funds associated with this contract on behalf of the Subgrantee 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 Subgrantee shall transmit written documentation of such bonding to CSRA RDC, in form satisfactory to CSRA RDC, prior to receipt of any funds from CSRA RDC. For bonds that expire before the completion date of this 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,g" 29 CFR 1321 or 45 CFR 202 as appropriate), ( e) The Sub grantee shall at all times maintain during the term of this agreement policies of insurance covering any property acquired with funds made available by this agreement, as well as public liability insurance with generally recognized, responsible insurance companies authorized to do business in the state of Georgia, each of which are also qualified and authorized to assume the risks undertaken. Such insurance shall be in such amounts as a responsible and prudent company or organization would require under similar circumstances, Such insurance shall cover the Subgrantee and it's above, described property, as well as its employees, agents and volunteers, 29. Sub-grants, Work or services to be performed under this (third party) contract by the Subgrantee may be sub-granted (fourth party) under the following conditions: (a) The Subgrantee agrees that the selection of fourth party Subgrantees requires competition between potential fourth party Subgrantees pursuant to 45 CFR 74 or adequate justification for sole source selection, (b) All such sub-grants shall bind the fourth party Subgrantee to applicable terms and conditions of this (third party) contract between CSRA RDC and the Subgrantee, Version I Page II of33 ~ ~I (c) (d) (e) (f) (g) AAA FY2005 PROVIDER CONTRACT 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, 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. The Subgrantee will be responsible for the performance of any fourth party Subgrantees to whom any duties are delegated under any provision of this contract. The Subgrantee agrees to reimburse the 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, If the Sub grantee sub-grants for the provision of any deliverables pursuant to this contract, the Subgrantee agrees to include the following in each sub-grant: }, Stipulations that the fourth party Subgrantees is required to adhere to each provision of this contract related to the quality and quantity of deliverables, compliance with state and federal laws and regulations, confidentiality, auditing, access to records and contract administration, 2, A clear statement of the service or product being acquired through said sub-grant with detailed description of cost including properly completed Division of Aging Services Unit Cost Methodology documentation, as appropriate. (h) The Subgrantee shall promptly pursue, at its own expense, appropriate legal and equitable remedies against any fourth party Subgrantees who fails to adhere to the contract requirements, The Subgrantee's failure to proceed against a fourth party Subgrantees will constitute a separate breach by the Subgrantee in which case the 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, CSRA RDC may require changes in this contract. 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 CSRA RDC's Executive Director may execute amendments to this contract on behalf of CSRA RDC. Version I Page 12 of33 ~ 32, ~I AAA FY2005 PROViDER CONTRACT Disputes and Appeals, The CSRA RDC Executive Director shall decide any dispute concerning a question of fact arising under this contract. The CSRA RDC's Executive Director shall promptly reduce such decision concerning the question to writing and mail or otherwise furnish a copy thereof to the Sub grantee, The Subgrantee agrees that the decision of CSRA RDC's Executive Director shall be final and conclusive unless, within ten days of receipt of such copy, the Subgrantee mails or otherwise furnishes a written request for appeal concerning the question of fact to CSRA RDC's Board of Directors, who shan arrange a formal hearing within twenty days after receipt of the appeal request. 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 Subgrantee and CSRA RDC's Executive Director shan have the right to present witnesses and give evidence concerning the question of fact at such time. Within twenty (20) days after the hearing, the CSRA RDC's Board of Directors shall make its decision concerning the question of fact in writing to the Subgrantee and to CSRA RDC's Executive Director. Pending final decision of an appeal to the CSRA RDC's Board of Directors, the Sub grantee shall proceed diligently with the perfomlance of the contract and in accordance with CSRA's Board of Director's decision, The Subgrantee agrees that the decision of the CSRA RDC's Board of Directors concerning the question shall be final and conclusive unless determined by the funding agencies, or the Comptroller General of the United States, or a court of competent jurisdiction after a hearing de novo (which in a court of law shall be without a jury) to be not supported by a preponderance of the evidence or not in accordance with the law, The Subgrantee shan have written procedures through which its fourth party Subgrantees (fourth party) may dispute and/or appeal a decision made by the Subgrantee, The Sub grantee to each of its fourth party Subgrantees shall provide written notice of such procedures and shall forward al1 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-II 0, A-I22, and A-133 (including compliance supplement), as appropriate, as they relate to the application, acceptance, use and audit of Federal funds for this federany assisted program, Also, the Subgrantee gives assurance and certifies with respect to this purchase of service agreement that: Version 1 (a) For an purchase of service agreements: (1) It possesses legal authority to apply for this purchase of service agreement, and, if appropriate, to finance and construct any proposed facilities; and, a resolution, motion or similar action has been duly adopted or passed as an official act of the Subgrantee's governing body, authorizing the filing of the application, including all understandings and assurances contained therein, Page 13 of33 ~ .1 Version 1 AAA FY2005 PROVIDER CONTRACT and directing and authorizing the person identified as the official representative of the Subgrantee to act in connection with the app lication 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, (2) It wi11 comply with Title VI of the Civil Rights Act of 1964 (P.L, 88-352 and 42USC 2000d) and in accordance with Title VI of that Act, no person in the United States shall, on the ground of age, disability, religion, creed or belief, political affiliation, sex, race, color, or national origin, be executed from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the applicant received Federal financial assistance and will immediately take any measures necessary to effectuate this assurance, It will further comply with Title VI provisions prohibiting employment discrimination where the primary purpose of a grant is to provide employment. It will not discriminate against any qualified employee, applicant for employment or service fourth party Subgrantees, or client because of age, disability, religion, creed or belief, political affiliation, race, color, sex or national origin, The Subgrantee shall take affirmative action to ensure that qualified applicants are employed and qualified fourth party Subgrantees are selected, and that qualified employees are treated during employment, without regard to their age, disability, religion, creed or belief, political affiliation, race, color, sex or national origin. Such action shall include but not be limited to the following: employment, upgrading, demotions, or transfers; recruitment or recruitment advertising; layoffs or terminations; rates of payor other forms of compensation; selection for training including apprenticeship, and participation in recreational and educational activities, If the Subgrantee has fifty or more employees (regardless of the funding sources) and if the total compensation and reimbursement to be paid to the Subgrantee as specified in Attachment "A" of the contract is fifty thousand dollars ($50,000) or more, the Sub grantee certifies that: (A) It has developed a written Affirmative Action Program (AAP) which includes: an analysis of the Subgrantee's work forces showing by job category the extent to which minorities and females are being underutilized, and where minorities and females are being underutilized, realistic goals and timetables in each job category for correcting the underutilization; and (b) it presently has such a plan in effect and such plan will remain in effect at least until the program completion date of this contract. The Subgrantee 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 Subgrantee shall in all solicitations or advertisements for fourth party Sub grantees or employees placed by or on behalf of the Subgrantee, state that an qualified applicants will receive consideration for employment without regard to age, disability, religion, creed or belief, political affiliation, race, Page 14 of33 ~ =1 Version 1 AAA FY2005 PROVIDER CONTRACT color, sex or national origin, The Subgrantee 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 sub-grants 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 sub- grants for less than ten thousand dollars ($10,000). The Sub grantee shall keep such records and submit such reports concerning the racial and ethnic origin of applicants for employment and employees as CSRA RDC or the funding agencies may require, The Subgrantee agrees to comply with such rules, regulations or guidelines as CSRA RDC or the funding agencies may issue to implement the requirements of this paragraph, (3) It will comply with requirements of the provisions of the Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (P,L. 91-646) which provides for fair and equitable treatment of persons displaced as a result of Federal and federally assisted programs, (4) [t 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 aSSIstIng the funding agencies in compliance with Section 106 of the National Historic Preservation Act of ]966, as amended (16 U.S.c. 470), Executive Order ] 1593, 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 Page 15 of33 ~ cl AAA FY2005 PROVIDER CONTRACT 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 EPA 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 Subgrantee 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 Subgrantee 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 Subgrantee 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 Vehicle Management Manual, which are by reference made a part of this contract. Subgrantee understands that the requirements for inventory of property (at least every two years) and a control system to safeguard against loss, damage Version 1 Page 16 of33 ~ ~I AAA FY2005 PROVIDER CONTRACT 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 Augusta, GA 30907 D, In the event that contract is tenninated 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 detennination. 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 Subgrantee 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 Subgrantee agrees that: (a) No Federally appropriated funds have been paid or will be paid, by or on behalf of the Sub grantee, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (b) As a condition of receipt of any Federal contract, grant, loan, or cooperative agreement exceeding $100,000, the Subgrantee shall file with CSRA 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 Subgrantee shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instruction. Version 1 Page 17 of33 ~ rl AAA FY2005 PROVIDER CONTRACT (d) A disclosure form will be filed at the end of each calendar quarter in which there occurs any event that requires disclosure or that materially affects the accuracy of the information contained in any disclosure form previously filed by the Subgrantee under subparagraphs (B) or (C) of this paragraph, An event that materially affects the accuracy of the information reported includes: (1) A cumulative increase of $25,000 or more in the amount paid or expected to be paid for influencing or attempting to influence a covered Federal action; or (2) A change in the person(s) or individual(s) influencing or attempting to influence a covered Federal action; or, (3) A change in the officer(s), employee(s), or member(s) contacted to influence or attempt to influence a covered Federal action, Any Sub grantee who makes a prohibited expenditure or who fails to file or amend the disclosure form, as required, shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such expenditure, An imposition of a civil penalty under this action does not prevent the United States from seeking any other remedy that may apply to the same conduct that is the basis for the imposition of such civil penalty, The Sub grantee shall require that the prohibitions and requirements of this paragraph included in the award documents for all subawards at all tiers (including sub-grants, 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 Subgrantee 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 Subgrantee further agrees that it will include the requirement for the "Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion - Lower Tier Covered Transaction," without modification, in all lower tier transactions and in all solicitations for lower tier covered transactions, 37, Compliance with Requirements of the Georgia Department of Human Resources (DHR), The Sub grantee shall be bound by the applicable terms and conditions of the purchase of service contract between CSRA RDC and DHR, which is on file in the offices of CSRA RDC and is hereby made a part of this 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 Subgrantee agrees to abide by the terms and conditions of the contract, which shall be controlling unless prior written consent to the contrary is received from CSRA RDC. Version 1 Page 18 of33 ~ rl AAA FY2005 PROVIDER CONTRACT 38, Documentation of Rent Costs, All Subgrantee budgeted rent line items or maintenance in lieu of rent line items on privately owned buildings must be supported by three (3) separate Statements of Comparable Rent, DHR Form #5465 (copies available from the Department), Public facility maintenance in lieu ofrent budgeted by the Subgrantee will be supported by a Local Statement of Service and Maintenance Cost in Lieu of Rent in Public Buildings, DHR Form #5464, and by three separate Statements of Comparable Rent, DHR Form #5465 (copies available from the Department), Rent per se is not applicable for publicly owned facilitieslbuildings unless newly occupied on or after October 1, 1980, in accordance with OMB Circular A-87, 39, Criminal Records Investigation: (a) The Subgrantee agrees that, for the filling of positions or classes of positions having direct care/treatment custodial responsibilities for services rendered under this 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 Subgrantee 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 Subgrantee 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 Sub grantee agrees to comply with, and shall be bound by, the applicable terms and conditions of all State and Federal laws or regulations governing and defining resources, project administration, allowable costs and associated procurement standards including but not limited to 41 CFR 29-70,45 CRR 74, or 45 CFR 92, as appropriate, The Subgrantee agrees that, if costs incurred by the Subgrantee are not in conformity with the above requirements and are subsequently disallowed as a result of an audit pursuant to the Paragraph titled Audits hereinabove or by CSRA RDC, Georgia Department of Human Version I Page 19 of33 ~ ,I AAA FY2005 PRoviDER CONTRACT Resources, U,S, Department of Health and Human Services, the Comptroller General of the United States, or any of their duly authorized representatives, then, upon written demand by CSRA RDC, the Subgrantee shall reimburse CSRA RDC in full for any payment made by CSRA RDC to the Sub grantee for such disallowed costs within thirty days of receipt of such written demand, 41. Termination A. Due to non-availability of funds. Notwithstanding any other provision of this contract, in the event that either of the sources of reimbursement 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 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 RDC for failure of the Sub grantee to perform any of the provisions hereof, Should the 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 Subgrantee 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 Subgrantee shall not incur any new obligations after the effective date of the termination and shall cancel as many outstanding obligations as possible, The above remedies are in addition to any other remedies provided by law or the terms of this contract. C. For Convenience of the Subgrantee. This contract may be cancelled or terminated by the Subgrantee without cause; however, the Subgrantee must give written notice of its intention to do so to the CSRA 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 of the following events occurs: 1, Subgrantee becomes insolvent or liquidation or dissolution or a sale of the Subgrantee's assets begins. 2, Subgrantee or any fourth party Subgrantees violates or fails to comply with any applicable provision of federal or state law or regulation. Version I Page 20 of33 ~ ~I AAA FY2005 PROVIDER CONTRACT 3, Subgrantee or any fourth party Subgrantees knowingly provides fraudulent, misleading or misrepresentative infomlation to any consumer/customer/client of the ROC or the Department of Human Resources or to the RDC or DHR's representatives, 4, Subgrantee 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 Subgrantee under the U,S, Bankruptcy Code or any similar petition under any state insolvency law. 6, An assignment is made by the Subgrantee for the benefit of creditors. 7, A proceeding for the appointment of a receiver, custodian, trustee, or similar agent is initiated with respect to the Subgrantee. 8, The RDC deems that such termination is necessary if the Subgrantee or any fourth party Subgrantees fails to protect or potentially threatens the health or safety of any consumer/customer/client and/or to prevent or protect against fraud or otherwise protect the RDC or the State of Georgia's personnel, consumers/customers/clients, facilities, or services, 9, Subgrantee is debarred or suspended from perfomling services on any public contracts and/or subject to exclusion from participation in the Medicaid or Medicare programs, 42. SubgranteelFourth-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 Subgrantee is responsible to ensure that fourth party (sub-subgrantees) contractors are appropriately licensed, The Subgrantee agrees that if it loses or has sanctioned any license, certification or accreditation required by this Contract or state and federal laws, that this contract may be terminated immediately in whole or in part, 43, AIDS Policy, Subgrantee agrees, as a condition to provision of services to the ROC's and/or DHR's consumers/customers/clients/patients, not to discriminate against any consumer/cus- tomer/client/patient who may have AIDS or be infected with Human Immunodeficiency Virus (HIV), The Subgrantee is encouraged to provide or cause to be provided appropriate AIDS training to its employees and to seek AIDS technical advice and assistance from the appropriate division or office of DHR, as the Subgrantee deems necessary, The Subgrantee further agrees to refer those consumers/customers/clients/patients requesting additional AIDS related services or information to the appropriate county health department. Notwithstanding subparagraph A above, if the Subgrantee is a county board of health it agrees to comply with the Joint Advisory Notice, entitled "Protection Against Occupational Exposure to Hepatitis B Virus (HBV) and Human Immunodeficiency Virus (H IV)," dated Version I Page 21 of33 ~ ,I AAA FY2005 PROVIDER CONTRACT October 30, 1987, from the Department of Labor/Department of Health and Human Services and which has been made available to the board, The board further agrees that in the implementation of the Department's programs it will follow those standard operation procedures developed and identified by the appropriate program division of the Department as applicable to the specific programs and as provided to the board by the program division, Subgrantee agrees, as a condition to provision of services to the 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 (ATV), The Subgrantee is encouraged to provide or cause to be provided appropriate AIDS training to its employees and to seek AIDS technical advice and assistance from the appropriate division or office of DHR, as the Subgrantee deems necessary, The Subgrantee further agrees to refer those consumers/customers/clients/patients requesting additional AIDS related services or information to the appropriate county health department. Notwithstanding subparagraph A above, if the Subgrantee is a county board of health it agrees to comply with the Joint Advisory Notice, entitled "Protection Against Occupational Exposure to Hepatitis B Virus (HBV) and Human Immunodeficiency Virus (A 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, 44, Indemnification of CSRA RDC. Subgrantee hereby waives, releases, relinquishes, discharges and agrees to indemnify, protect and save harmless the State of Georgia (including the State Tort Claims Trust Fund), DHR, DOAS, the Central Savannah River Area Regional Development Center and the Central Savannah River Area Regional Development Center's Area Agency on Aging, their officers and employees (collectively "indemnitees") of and from any and all claims, demands, liabilities, loss, costs or expenses for any loss or damage for bodily injury (including but not limited to death), personal injury, property damage, 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 Subgrantee, its agents, employees, fourth party Subgrantees, or others working at the direction of Subgrantee 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 Subgrantee, 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 Subgrantee agrees to reimburse the Funds for such funds paid out by the Funds, To the full extent permitted by the Constitution and the laws of the State of Georgia and the terms of the Funds, the Sub grantee and its Version 1 Page 22 of33 ~ rl AAA FY2005 PROVIDER CONTRACT insurers waive any right of subrogation against the State of Georgia, the lndemnitees, and the Funds and insurers participating thereunder, to the full extent of this indemnification, Sub grantee shall, at its expense, be entitled to and shall have the duty to participate in the defense of any suit against the Indemnitees, No settlement or compromise of any claim, loss or damage asserted against lndemnitees shall be binding upon Indemnitees unless expressly approved by the Indemnitees, 45. 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 otheIWise, 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, 46, Enforcement. This Agreement and the performance hereof shall be governed by and enforced under the laws of the State of Georgia, and if legal action by either party is necessary for or with respect to the enforcement of any or all of the terms and conditions hereof, then exclusive venue therefore shall lie in Richmond County, Georgia, IIIII IIIII IIIII IIIII IIIII IIIII THIS SPACE INTENTlONALL Y LEFT BLANK ful"'....."r;;.....hUmL.'\lh dL.U:'I.' IIIII IIIII IIIII IIIII IIIII IIIII IIIII Version I Page 23 of33 ~ "I AAA FY2005 PROVIDER CONTRACT IN WITNESS WHEREOF, the Subgrantee and the CSRA RDC have executed this contract as of the day first above written, Augusta/ Richmond County Board of Commissioners -<~k: .~;l~, ) ATTEST- ~ ~, ~ -~~. . ,..... ,,~ Bob Young, Mayor I,; ...:. . _ ,~- -\,;:-~ ::. . 530 Greene Street ~} a ;0;- > BOh ner Augusta, Ga 30911 _ p~nrn~me ~ . - ~y: Address for Official Notices: r::~r-6 Title ~(,,/OS I DATE ATTEST: -Vi CSRA REGIONAL DEVELOPMENT CENTER 3023 Riverwatch Parkway, Suite A Augusta, Georgia 30907-2016 BY~~ Andy Crosson Executive Director DATE r:5/) tj/ 05 Version 1 Page 24 of33 ~ .1, AAA FY2005 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 05-08-1128 Health Promotion W ellness Recreation Contract Units Persons Served Health Promotion/Wellness - 32 150 Recreation - 48 150 The subgrantee's monthly program performance reports will separately detail progress made relative to each CSRA RDC cost center, II. Area Covered: The subgrantee 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 1 Page 25 of 33 ~ <I AAA FY2005 PROVIDER CONTRACT III. Work Services: As a provider under this contract, the Subgrantee shall be responsible for the following general activities: I, 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 lOth of the succeeding month, 2, The Subgrantee 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 Subgrantee shall maintain and distribute an updated agency brochure describing available services within its service area, In addition, the Subgrantee shall develop and implement publication strategies that foster high visibility and promote positive public awareness of the aging program and issues facing older adults, 5. The Subgrantee shall encourage and document efforts to generate the program income budgeted in each sub-element. 6, The Subgrantee shall implement the automated client tracking system and shall do so consistent with the policies and procedures promulgated by the Division of Aging Services for MIS or CSRA RDC. 7, The Subgrantee shall notify CSRA RDC promptly of any changes In 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 Subgrantee 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, Version I Page 26 of33 ~ LI AAA FY2005 PRoviDER CONTRACT ATTACHMENT B PROGRAM AND SERVICE REPORTING REQUlREMENTS Reporting Requirements: As a provider under this contract, the Subgrantee shall be responsible for implementing the following reporting requirements. I. Intake, Assessment and Record Maintenance Basics for All Non-Medicaid Client I.l Effective July 1, 1997, the Title llI-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, T.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 1 Page 27 of33 ~ <I Version I AM FY2005 PROVIDER CONTRACT II,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 (NAPIS) (d) Items 52, 53 and 54 (reverse side), regarding service dates and case disposition/term inati on (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 fom1, 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 28 of33 ~ ~I AAA FY2005 PROVIDER CONTRACT III. Checklist of Activities of Daily Living and Instrumental Activities of Daily Living III. 1 When form is completed: (a) Effective July], 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, rIJ,2 Use of information (a) Effective July 1, ]997, the information from the ADL-IADL Checklist, along with information captured on Poverty Level and the NSl "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 IIL2 (b), in conjunction with other significant information about the client's situation and need for support, IV. Nutrition Screening Initiative "DETERMINE" Checklist IV. 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 I Page 29 of33 ~ ,I Version I AAA FY2005 PROVrDER 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 J/I/SSBG Subsystem, using the Trackingform to capture the information, {See II.4 (c),} IV,5 The risk status for all clients in the specified services shall be tracked for the duration of their participation in the service program using the Checklist and Tracking forms for data collection and data entry on an annual review basis, IV,6 Wherever feasible, nutrition service applicants/participants with risk scores of 6 or higher shall be referred for additional individualized nutrition screening (Level I Screening) and counseling by a registered dietician, Page 30 of33 ~ ,-I AAA FY2005 PROViDER CONTRACT A TT ACHMENT C - COST AND FINANCIAL REPORTING REQUIREMENTS I. Compensation: The compensation is shown by cost center and resource category on the Distribution of Resource, SFY 2004' 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 of $ (See Section 1) The Subgrantee's request for reimbursement 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 cost under each service exceed the maximum amounts listed on the "Distribution of Resources" exhibit, nor shall CSRA RDC's payment to the Subgrantee exceed the total federal and state funds of $ in this contract. 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. Subgrantee 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: [n addition to the requirements specified herein, the Subgrantee specifically agrees to comply with, and shall be bound by, the applicable terms and procedures for determining the allowability of non-federal contributions by the Subgrantee 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 Sub grantee further agrees that if non-federal contributions provided by the Subgrantee 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 1 Page 31 of33 ~ ,I AAA FY2005 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 Subgrantee agrees that the "year to date" percent of annual budget expended (by service or by category, and/or by Part, as appropriate) shall be in approximate alignment with the "year to date" percent of units of service delivered, B. The 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), e. 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 expended/recorded by the Sub grantee 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 Subgrantee monthly at ] 2 percent of the total monthly project expenditures for each service claimed for reimbursement. The Subgrantee agrees that CSRA RDC may withhold reimbursement if compliance is not maintained with A., B" and e. 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 Subgrantee sha1l revert to CSRA RDe. Receipt of advance of funds by the Sub grantee requires a fidelity/assurance bond and the "advance of funds" will be separately recorded in the Subgrantee accounting records as a unique liability account for advanced funds from CSRA RDe. The Subgrantee further agrees that the "advance of funds" will be repaid in three equal installments during March, April, and May of this contract period unless Version] Page 32 of 33 ~ ~I Version I AAA FY2005 PRoviDER CONTRACT CSRA RDC's Director of Finance and Administration gives written approval for another repayment schedule, Should any interest be earned on funds that were advance by CSRA RDC, the Subgrantee will apply the interest to the cost of this contract prior to making a reimbursement/payment request to CSRA RDC, Page 33 of33 ~