HomeMy WebLinkAboutSECTION TWO ARAEA AGENCY ON AGING COOPERATIVE SUGRANT AGREEMENT FOR SERVICES AAA FY 2012 PROVIDER CONTRACT r
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SECTION TWO
AREA AGENCY ON AGING
COOPERATIVE SUBGRANT AGREEMENT FOR SERVICES
THIS COOPERATNE SUBGRANT AGREEMENT, entered into as of the 30` day of June 2011,
by and between Augusta, Georgia, s pt�litic�tl sub�iivision of the St.ate t�f G�+a��°gi� (hereinafter
referred to as "Subgrantee") and the CENTRAL SAVANNAH RIVER AREA REGIONAL
COMMISSION, (hereinafter referred to as "CSRA RC").
WITNESSETH THAT:
WHEREAS, CSRA RC, under the Older Americans Act, has funding for the provision of Title III
and NSI meals for the elderly and desires to allocate those funds to the RC's member jurisdictions
for the public purpose identified below; and
WHEREAS, the CSRA RC, as the state-designated Area Agency on Aging (AAA), has the
responsibility under the Older Americans Act (§306(a)(1)), and under the Georgia Department of
Human Resources (DHR) Regulations §304.6 to provide in its area plan a comprehensive and
coordinated system for supportive services, and nutrition services; and
WHEREAS, the provisions of the OAA, as well as the DHR Regulations, clearly contemplate the
development by the RC as the AAA of cooperative arrangements with both government and non-
profit organizations to provide those services described in §301 of the Older Americans Act; and
WHEREAS, the Federal Office of Management and Budget (OMB) Circular A-102 is the federal
guideline governing the RCs handling of federal grant funds, and also governing cooperative
agreements; and
WHEREA OMB Circular A-102, derived from 31 USC §6301-08 notes that "a grant or cooperative
agreement shall be used only when the principal purpose of a transaction is to accomplish a public
purpose..."; and
WHEREAS, the CSRA RC wishes to achieve a public purpose, specifically, the provision of
nutritious meals to older citizens by passing through sub-grant funds for the nutrition services
program to its member jurisdictions and to jurisdictions authorized under DHR's contract for
FY2010; and
WHEREAS, the Official Code of Georgia Annotated (OCGA) 50-8-32 "created and established as
public agencies and instrumentalities of their members ..."; and
WHEREAS, OCGA 50-8-33 requires each municipality and county within the region to be a
member of the RC; and
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WHEREAS, the RC, has the authority to enter into sub-grant agreements and cooperative
agreements with its member jurisdictions, and with jurisdictions authorized under DHR's FY2011
contract; and
WHEREAS, the allocation of the nutrition service program funds (Title III and NSI) will be done
on a formula basis related to the State of Georgia's interstate funding formula (IFF); and
WHEREAS, the CSRA RC has developed an allocation plan for FY2011 nutrition funds for the
region; and
WHEREAS, each local jurisdiction operates a multi-purpose senior center, which has been
designated a focal point by the AAA and, as defined by the Division of Aging Services' Taxonomy
of Services as being "a community facility for the organization and provision of a broad range of
services, on a daily basis, to include health services (including mental health), social, nutritional,
and educational services and the provision of recreational activities for older persons"; and
WHEREAS, as the designated focal point in each county, the senior centers in the counties is
specifically eligible to serve as a congregate nutrition site; and
WHEREAS, Senior Centers are eligible to provide certain services hereinafter described in
connection with an undertaking or program (hereinafter referred to as the "Program") which is to be
wholly or partially financed by a grant from the U.S. Government through the Georgia Department
of Human Resources (hereinafter, along with the appropriate auditing agency of the entities making
such a grant, referred to as "the funding agencies"), and
WHEREAS, the CSRA RC has qualified a food vendor through an open and competitive bid
process on behalf of the region as a whole; and
WHEREAS, the Subgrantee desires to accept the funds outlined in this cooperative agreement for
the purchase of ineals under the Title III and NSI programs connection with the program;
NOW THEREFORE, in consideration of the premises and the mutual covenants and agreements
hereinafter contained, the parties hereto agree as follows:
SECTION THREE
GENERAL PROVISIONS AND FINANCIAL AND PROGRAMMATIC INFORMATION
l. Engagement of the Subgrantee: CSRA RC hereby agrees to allocate the funds outlined in
Section One (based on availability from the State) for the purchase of ineals in the Title III
and NSI meal programs in accordance with the terms and conditions herein.
2. Sc ope• The Subgrantee shall be authorized to purchase Title III C1, Title III C2, NSI C1 and
NSI C2 nutrition meals for the senior population in accordance with state and federal
guidelines and to be served in the county's senior center(s) under this agreement. To be
eligible for reimbursement as noted in Section One of this agreernent, the Subgrantee must
purchase its meals from the RC's qualified nutrition program food vendor.
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3. Quali�ed Nutrition Program Food Vendor. The qualified nutrition program food vendor
for FY2012 is GA Food Service, Incorporated. This vendor was selected under an open and
competitive bid placed by the RC on behalf of its member jurisdictions. G.A. Food Service
has been competitively selected to provide all meal types for $4.45 per meal. Attachment
"A" outlines the performance measures and work scope that must be adhered to when
receiving state/federal funds for this program. The competitive invitation to bid specifically
noted that the qualified food vendor would contract directly with the local jurisdictions.
4. Term and Time of Performance. This term of this agreement runs from July l, 2011
through June 30, 2012. The effective date of this agreement is July 1 st, 2011. All meals
outlined in Section One shall be purchased and consumed on or before June 30th, 2012.
5. Method of Pavment. The amount of this agreement is included in Section One of this
agreement (page 1). Tota1 payments from the CSRA RC to the Subgrantee shall not exceed
the malcimum payments noted in Section One unless otherwise approved in writing as an
official amendment to this agreement. Such amendments shall become addendums to this
agreement. Unless otherwise specified in Attachments, which are attached hereto and made
a part hereof, the following method of payment shall be used:
(a) Progress Pavments. Unless otherwise approved by CSRA RC and the funding
agencies, the Subgrantee shall be entitled to receive progress payments on the
following basis:
(1) a) Cost Reimbursement Agreement - On or before the �fth day of the morath
foilowing the month for which payment is requested, the Subgrantee shall
submit to CSRA RC, in a form acceptable to CSRA RC as speci�ed in
Attachment "B", a request documenting actual costs incurred during that month
for each cost center as specified in Attachment "A".
b) Performance Based Fixed Rate Agreement - On or before the �ifth dav of the
month following the month for which payment is requested, the Subgrantee
shall submit to CSRA RC, in a form acceptable to CSRA RC as specified in
Attachment "B", a request documenting the actual number of service units
provided during that month for each cost center as specified in Attachment "A".
(2) Upon the basis of CSRA RC's determination to its satisfaction that the
Subgrantee is in compliance with the terms of this agreement, including but not
limited to the Paragraph titled Subcontracts below, and its audit and review and
approval of (1) the monthly program performance report for the relevant month,
and (2) the payment request by cost center, far the relevant month as specified
hereinabove, CSRA RC will make payment to the Subgrantee not more than
once per month.
(3) CSRA RC may, at its discretion, disallow or delay payment of a11 or part of a
request if CSRA RC determines that the Subgrantee is not in compliance to
CSRA RC's satisfaction with any of the terms of this agreement. Unless the
monthlv pro�ram performance report and the reimbursement request are
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received bv CSRA RC on or before the fifth dav of the month
reimbursement mav be withheld until the following pavment cvcle.
(b) Fina1 Payment.
(1) The Subgrantee's payment request for the last month of the agreement term
must be received by CSRA RC no later than five days after the termination date
of this agreement. Proposed adjustments subsequent to this date are to be
requested within ten days of agreement termination. CSRA RC may, at its
discretion, disallow payment of all or part of a final request received after this
deadline.
(2) The final request will be the request submitted on or before the fifth day
following the termination date. Adjusted reports received by CSRA RC on or
before the tenth day after the agreement termination will become the final
request.
(3} Upon receipt by CSRA RC of the Subgrantee's final payment request and all
other required documentation, CSRA RC will review such documents and make
comparisons among the costs authorized in Attachment "A" for each cost center
and the cumulative value of all payments for each cost center. Based on such
comparisons and upon its determination that all other requirements hereunder
have been completed, CSRA RC will make either a final payment to the
Subgrantee for any allowable expenditures in excess of prior pay�ments for each
cost center or request from the Subgrantee reimbursement of any overpayment.
The Subgrantee shall refund to CSRA RC any such overpayment within thirty
calendar days of notification by CSRA RC.
(c) Advance Pavments. This agreement is a reimbursable agreement. No advance
payments will be made.
6. Communications. All formal communication regarding this agreement sha11 be in writing
between the person executing this agreement on behalf of the Subgrantee (executor) and
CSRA RC's Executive Director. Formal communications regarding this agreement sha11
include, but not necessarily be limited to amendments, correspondence, progress reports and
fiscal reports. The Subgrantee sha11 bear the cost and other liability risks of making any
changes covered by this agreement in advance of receiving a formal agreement change order
from the CSRA RC Executive Director. The Subgrantee executar and CSRA RC's
Executive Director shall each have the right to designate in writing to the other an agent to
act in his or her behalf regarding this agreement. Any restrictions to such designation sha11
be clearly defined in the written designation.
7. CSRA RC's Designated Agent. According to the paragraph titled "Communications"
above, CSRA RC's Executive Director hereby designates JEANETTE CUMMINGS, CSRA
RC' S AREA AGENCY ON AGING DIRECTOR, as his agent for purposes of this
agreement only, except for executing amendments (see paragraph titled "Amendments"
below) or terminations (see paragraph titled "Terminations" below) or for interpretation of
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the requirements of this agreement. In addition, all formal communications regarding this
agreement to include correspondence, reports, and requests for payments sha11 be submitted
directly to the CSRA RC's AAA CONTRACT MANAGER, JACKIE HARRIS and copied
to the CSRA RC's Executive Director. Such appointments herein may be changed only by
the CSRA RC via a written addendum to this agreement.
8. Review and Coordination. To ensure adequate assessment of the Subgrantee's program
and proper coordination among interested parties, CSRA RC shall be kept fully informed
concerning the progress of the work and services to be performed hereunder. The
Subgrantee may be required to meet with designated representatives of CSRA RC and the
funding agencies from time to time to review the work and services performed. Reasonable
written notice of such review meetings shall be given to the Subgrantee. The execution of a
Health Insurance Portability and Accountability Act (HIPAA) Business Associate agreement
shall occur prior to execution of this agreement and the HIPAA Business Associate
agreement shall outline access granted to records under HIPAA regulations.
9. Access to Records and Insnections. The state and federal government and the CSRA RC
(a staff inember and/or an outside party hired to review certain records, documents and/or
procedures) sha11 have full and complete access to all consumer/customer/client records,
administrative records, financial records, pertinent books, documents, papers,
correspondence, including e-mails, management reports, memoranda, and any other records
of the Subgrantee and fourth party Subgrantees(s). Upon request of such records, the
Subgrantee shall immediately provide the records requested. Failure to provide such recards
may result in termination of the agreement and withholding of any remaining payments due
until such time the Subgrantee furnishes the records requested.
The Subgrantee has executed a Health Insurance Portability and Accountability Act
(HIPAA) Business Associate Agreement with the CSRA RC. Through the Business
Associate Agreement, the Subgrantee acknowledges and agrees that the Georgia Department
of Human Resources Division of Aging Services, including the Long-Term Care
Ombudsman, and the CSRA RC Area Agency on Aging provide functions that are
considered health oversight agencies in their funding, quality improvement and regulatory
functions. As health oversight agencies, protected health information must be shared with
them and authorization is not required, according to HIPAA. The Subgrantee is responsible
for ensuring that a HIPAA Business Associate Agreement is executed by any fourth party
Subgrantees authorizing the same level of access to the entities noted above.
The Subgrantee and fourth party Subgrantees (subcontractors) record retention requirements
are six (6) years from submission of final expenditure reports. If any litigation, claim, or
audit is started before the expiration of the six-year period, the records shall be retained until
all litigations, claims, or audit �ndings involving the records have been resolved.
The Subgrantee agrees that the DHR Office of Investigative Services, upon the request of
the Commissioner or his designee, has full authority to investigate any allegation of
misconduct in performance of duties arising from this agreement made against an employee
of the Subgrantee. The Subgrantee agrees to cooperate fully in such investigations by
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providing the Office of Investigative Services full access to its records and by allowing its
employees to be interviewed during such investigations.
The CSRA RC and the State Department of Human Resources shall have the right to
monitor and inspect the operations of the Subgrantee and any fourth party Subgrantees
(subcontractors) for compliance with the provisions of this agreement and a11 applicable
federal and state laws and regulations, with or without notice, at anytime during the term of
this agreement. The Subgrantee agrees to cooperate fully with these monitoring and
inspection activities. Such monitoring and inspection activities may include, without
limitation, on-site health and safety inspections, financial and behavioral health/clinical
audits, review of any records developed directly or indirectly as a result of this agreement,
review of management systems, policies and procedures, review of service authorization and
utilization activities, and review of any other areas, activities or materials relevant to or
pertaining to this agreement. The Department and/or CSRA RC will provide the Subgrantee
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/ar any activiry deemed necessary by the Department and/or CSRA RC.
The Central Savannah River Area Regional Commission's Commission of Directors has
established the following sanctions for any violations of this section of the agreement:"If at
any time an official representative of the CSRA RC (a staff member and/or an outside party
hired to review certain records, documents, andlor procedures) is denied access to the
infarmation requested, or if the Contractor does not provide such information as requested,
the CSRA RC wili withhold any pending and/or future payments for services rendered until
such time that the information is presented."
10. GeneraL
(a) The Subgrantee agrees to carry out the program in accardance 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 RC shall determine the appropriateness and
application of such terms, provisions, and conditions. The Subgrantee also agrees to
carry out the program in compliance with requirements relating to the application,
acceptance and use of Federal funds for this program, including, but not limited to,
Executive Order 12372 and 41 CFR 29-70 or 45 CFR 74 or 45 CFR 92, as
appropriate. The Subgrantee assures and certifies that it shall comply with a11
requirements imposed by CSRA RC or the funding agencies concerning special
requirements of law or program requirements including, but not limited to, 45 CFR
1321, or 45 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:
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(1) secure and maintain maximum independence and dignity in a home
environment for older persons and other eligible individuals capable of self-
care with appropriate supportive services;
(2) remove individual and social barriers to economic and personal
independence;and
(3) provide specified services to eligible individuals who reside within the
planning area, with greatest social need being determined by advanced age
(75 years or more);
(4) transport those deemed in need to scheduled sites.
11. Subgrantee's Personnel. The Subgrantee represents that it has, or will secure at its own
expense, all personnel required to perform the services under this agreement. Such
personnel shall not be employees of CSRA RC
12. Standards for Service Performance.
(a) The Subgrantee shall perform all services in accordance with the definitions cited in
Attachment "A" and as further defined in relevant notices issued by CSRA RC, or
through CSRA RC from the Georgia Department of Human Resources or the
Administration on Aging, U.S. Department of Health and Human Services.
(b) The Subgrantee agrees that no changes resulting in a decrease in the scope of
services, units of service to be provided, or numbers of persons to be served will be
made without prior written approval of CSRA RC as provided in the Paragraph titled
Amendments, herein below.
(c) The Subgrantee acknowledges that CSRA RC has developed a multi-year Area Plan
on Aging which is updated annually (hereinafter referred to as the "Area Plan") for a
comprehensive and coordinated system for the delivery of supportive services and
nutrition services to the elderly within the planning area pursuant to the Older
Americans Act of 1965 and the Community Care Act of 1985, as amended.
Subgrantee further acknowledges that the services provided herein may be included
in the Area Plan and that the Area Plan may, from time-to-time, be amended to
reflect changes in services, service delivery methods, vendors, subgrantees, and/or
subcontractors. 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 RC.
(d) The Subgrantee further acknowledges that said Area Plan defines the specific
services to be provided to eligible persons residing within the planning area and that
those services provided under this agreement are a part of said Area Plan.
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(e) The Subgrantee acknowledges that the CSRA RC Area Plan delineates a range of
available services for the elderly and, therefore, the Subgrantee agrees to coordinate
and cooperate with other CSRA RC contracted service providers or subgrantees to
the fullest extent possible and in a manner satisfactory to CSRA RC.
(f� Supportive services and nutrition services, if any, included in this agreement, are
aggregated into defined sub-elements. Descriptions of these sub-elements are on file
at CSRA RC 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 Subgrantee 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
requirements which, at a minimum, include all of the safeguards and elements of the model
Client Grievance/Complaint Procedure on file at CSRA RC and available from CSRA
RC upon written request.
14. R eports . The Subgrantee shall furnish CSRA RC with monthly program performance
reports, in such form as may be specified by CSRA RC, describing the work accomplished
by the Subgrantee. Such report(s) shall be furnished to CSRA RC within five days after the
end of the period reported. All due dates in this agreement shall be based on calendar days.
If any such due date should occur on Saturday, Sunday or CSRA RC holiday, the next
CSRA RC workday sha11 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
agreement shall be the property of CSRA RC upon termination or completion of the work.
CSRA RC sha11 have the right to use the same without restriction or limitation and without
compensation to the Subgrantee other than that provided for in this agreement. For the
purposes of this contact, "data" includes writings, sound recordings, photographs, films,
videotapes or other graphic representations and works of a similar nature. No documents,
material or data produced in whole or in part under this agreement sha11 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 agreement may be subject to certain regulations issued by
the funding agencies. Information regarding the applicability of such regulations to a
specific situation may be obtained by written request to CSRA RC.
16. CSRA RC'S Right to Susnend A�reement. The CSRA RC reserves the right to suspend
the agreement/subgrant in whole or in part under this agreement provision if it appears to the
CSRA RC that the Subgrantee is failing to substantially comply with the quality of service
or the specified completion schedule of its duties required under this agreement, and/or to
require further proof of reimbursable expenses prior to payment thereof, and/or to require
improvement, at the discretion of the CSRA RC, in the programmatic performance or
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service delivery and/or to comply with any order or directive of a state or federal agency or
court or arbitrator(s) with jurisdiction, by law or by consent, over the CSRA RC.
17. Cooperation in Transition of Services. T'he Subgrantee agrees upon termination of this
agreement, in whole or in part, for any reason that the Subgrantee will cooperate as
requested by the CSRA RC to effectuate the smooth and reasonable transition of the care
and services for consumers/customers/clients as directed by the CSRA RC. This will
include but not be limited to the transfer of the consumer/customer/client records, personal
belongings, and funds of all consumers/customers/clients as directed by the CSRA RC.
Subgrantee further agrees that should it go out of business and/or cease to operate, all
original records of consumers/customers/clients served pursuant to this agreement shall be
transferred by the Subgrantee to the CSRA RC immediately and shall become the property
of the CSRA RC in addition to any other remedy afforded the CSRA RC hereunder or by
law. Failure to cooperate in the transition of services will result in the Subgrantee becoming
an ineligible contractor/Subgrantee for a period of three (3) years from the end of this
agreement period.
18. Force Ma_ieure. Each party will be excused from performance under this agreement to the
extent that it is prevented from performing, in whole or in substantial part, due to delays
caused by an act of God, civil or military authority, war, court order, acts of public enemy,
and such nonperformance will not be default under this agreement nor a basis for
termination for cause. Nothing in this paragraph shall be deemed to relieve the Subgrantee
from its liability for work performed by any fourth party Subgrantees. If the services to be
provided to the CSRA RC are interrupted by a force majeure event, the CSRA RC will be
entitled to an equitabie adjustment to the fees and other payments due under this agreement.
19. Publicitv.
A. Subgrantees must ensure that any publicity given to the program or services provided
herein identify the CSRA RC and the State Department of Human Resources as
sponsoring agencies. Publicity materials include, but are not limited to, signs, notices,
information pamphlets, press releases, brochures, radio or television announcements, or
similar information prepared by or for the Subgrantee. Prior approval far the materials
must be received from the CSRA RC and DHR's managing programmatic
division/office. All media and public information materials must also be approved by the
State of Georgia's Commissioner's Of�ce of Policy and Government Services, Office of
Communications. In addition, the Subgrantee shall not display the CSRA RC or DHR's
name or logo in any manner, including, but not limited to, display on Subgrantee's
letterhead or physical plant, without the prior written authorization of the Executive
Director of the CSRA RC and/or the Commissioner of DHR.
B. Notwithstanding subparagraph A above, if the Subgrantee is a county board of health,
the Commissioner's Office of Policy and Government Services must be notified prior to
major publicity and/or media campaigns developed by or for the board-operated
programs which identify the Department as a sponsoring agency. This is to enable the
Commissioner's Office of Policy and Government Services to support the effort and to
respond in a timely manner to inquiries to the Department that might result. In addition,
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the Subgrantee 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.
20. Inventions, Patents, Copvrights, Intangible Propertv and Publications. The Subgrantee
agrees if patentable items, patent rights, processes, or inventions are produced in the course
of work supported and funded by this agreement, to report such facts in writing promptly
and fully to the CSRA RC. The CSRA RC, the federal agency, and DHR shall determine
whether protection of the invention or discovery sha11 be sought. The CSRA RC, the federal
agency and DHR will also determine how the rights to the invention or discovery, including
rights under any patent issued thereon, shall be allocated and administered in order to protect
the public interest consistent with Government Patent Policy.
Copvrights. Except as otherwise provided in the terms and conditions of this agreement, the
author or the CSRA RC or DHR is free to copyright any books, publications, or other
copyrightable materials developed in the course of, or under this agreement. Should any
copyright materials be produced as a result of this agreement, the CSRA RC, the federal
agency and DHR shall reserve a royalty-free nonexclusive and irrevocable right to
reproduce, modify, publish, or otherwise use and to authorize others to use the work for
government, CSRA RC, and/or departmental purposes.
Publications: All publications, including pamphlets, art work, and reports shall be
submitted to the CSRA RC on disk or electronically.
21. Financial Management Svstem. Subgrantee certi�es that its financiai management system
currently complies and will continue to comply with all of the standards for financial
management systems specified in 45 CFR 74, or 45 CFR 92, or 41 CFR 29-70 as
appropriate. In addition, the Subgrantee agrees to accurately maintain its financial records
for each cost center as specified in Attachment C in such form and utilizing such procedures
as CSRA RC or the funding agencies may require. This includes, but it not limited to, the
requirement that Subgrantee financial records sha11 provide for (1) accurate, current, and
complete disclosure of the financial results of each cost center; (2) records that identify
adequately the source and application of funds by cost center for activities supported under
this agreement; and (3) time, attendance, and payroll distribution records to support salaries
and wages paid to employees of the Subgrantee.
22. Emplovee's Rate of Compensation. The rate of compensation for work performed under
this program by a staff inember 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
saiaries and wages of individual employees.
23. Financial Renorts. In addition to other records required by this agreement, the Subgrantee
agrees to provide to CSRA RC such additional financial reports in such form and frequency
as CSRA RC may require in order to meet the CSRA RC's requirements for reporting to
funding agencies.
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24. Audits. Subgrantees that expend $500,000 or mare in Federal funds during their fiscal year
agree to have a single entity-wide audit conducted for that year in accordance with the
provisions of the Single Audit Act Amendments of 1996 (Public Law 104-156) and their
implementing regulation, OMB Circular A-133 entitled, "Audits of States, Local
Governments, and Nonprofit Organizations." The audit reporting package shall include the
documents listed in Policy 1244 of the DHR Directives Information System.
Subgrantees 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 Svstem.
Subgrantees ex�endin� at least $25 000 but less than $100,000 in State funds during their
fiscal year agree to prepare unaudited entity-wide �nancial 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 S, s�� tem.
The Subgrantee further agrees to submit the required audit or financial statement, within 180
days after the close of the Subgrantee's fiscal year to:
L. Mack Shealy, CPA, CGFM
Director of Finanee and Administration
3023 River Watch Parkway, Suite A
Augusta, GA 30907-2016
The Central Savannah River Area Regional Commission's Commission of Directors has
established the following sanction for any violation of this requirement:
If a Contractor fails to provide a final audit statement as required under the
contract's terms, the CSRA RC will withhold any pending and/or future
payments for services rendered until such time that the final audit is submitted
and verified. If a pattern of such failures materializes, the Contractor will
become ineligible to receive CSRA RC contracts for a period of 12 months.
Recognizing that some situations might arise that are above and beyond the
Contractor's control, the CSRA RC may extend the date of receipt of the final
audit for a thirty (30) day period upon request and verifiable documentation
related to the reason for the extension. Extensions past the thirty (30) day
period may be requested, but any such request must be presented in person
before the CSRA RC's Commission of Directors with the Contractor's auditor
present.
25. Interest of Subgrantee. The Subgrantee covenants that neither the Subgrantee, nor anyone
controlled by the Subgrantee, 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
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with the performance of its service hereunder, ar 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
agreement no person having any such interest shall be employed by the Subgrantee as an
agent, fourth party Subgrantees or otherwise. If the Subgrantee contemplates taking some
action which may constitute a violation of this paragraph, and Subgrantee sha11 request in
writing the advice of CSRA RC, and if CSRA RC notifies the Subgrantee in writing that the
Subgrantee's contemplated action will not constitute a violation hereof, then the Subgrantee
shall be authorized to take such action without being in violation of this paragraph.
26. Interest of Members of CSRA RC and Others. No officer, member or employee of
CSRA RC, and no public official of any local government which is affected in any way by
the program, who exercises any function or responsibilities in the review or approval of the
program or any component part thereof, shall participate in any decision relating to this
agreement which affects his or her personal interests or the interest of any corporation,
partnership or association in which he or she is directly, ar indirectly, interested; nor sha11
any such officer, member or employee of CSRA RC, or public official of any local
government affected by the program, have an interest, direct, in this agreement or the
proceeds arising therefrom.
27. Officials Not to Benefit. No member or delegate to the (1) Legislature of the State of
Georgia, elected or appointed State of Georgia official, or employee of the State of Georgia
Department of Human Resources (and Division of Aging Service) and (2) Congress of the
United States of America, resident commissioner or employee of the United States
Government, shail participate or influence any decision reiating to the award or
administration of this agreement which affects his or her personal interests or the interests of
any corporation, partnership or association in which he or she is directly, or indirectly, has
any involvement.
28. Restrictions on Hirin� of CSRA RC Emplovees. The Subgrantee and any associated
fourth party Subgrantees shall not hire, retain, or engage in any paid or unpaid capacity
(employee, consultant, or advisor) an employee (full-time, part-time, or consultant) of the
CSRA RC within a twelve (12) month period after the termination date of this agreement
without the express written consent of the CSRA RC's Executive Director. Further, any
former CSRA RC employee who is hired, retained, or engaged having met the above 12
month restriction may not be directly involved with the management and performance of
this agreement without the express written approval of the CSRA RC Executive Director.
Subgrantee violation of this restriction shall be grounds fo� agreement termination at the
CSRA RC's discretion.
29. Pro_iect Administration.
(a) The Subgrantee agrees that the Subgrantee executor is responsible for ensuring that
a11 terms and conditions of the agreement are fully met to CSRA RC's satisfaction.
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(b) The Subgrantee agrees that all persons who administer the funds associated with this
agreement on behalf of the Subgrantee will be responsible to the Subgrantee
executor.
(c) The Subgrantee agrees that the Subgrantee executor and all persons who administer
the funds associated with this agreement on behalf of the Subgrantee will be bonded
in an amount equal to at least ten percent of the total amount specified in Attachment
"A" of the agreement or $25,000, whichever is less, if receiving an advance of funds.
The Subgrantee shall transmit written documentation of such bonding to CSRA RC,
in form satisfactory to CSRA RC, prior to receipt of any funds from CSRA RC. For
bonds that expire before the completion date of this agreement, proof of renewal of
such bond shall be provided to CSRA RC, within 20 days after renewal.
(d) The Subgrantee agrees to administer the program in a manner satisfactory to CSRA
RC and in accordance with relevant procedures, as determined by CSRA RC and the
funding agencies (e.g., 29 CFR 1321 or 45 CFR 202 as appropriate).
(e) The Subgrantee shall at all times maintain during the term of this agreement policies
of insurance (including, where applicable, Worker's Compensation coverage)
covering any property acquired with funds made available by this agreement, as well
as public liability insurance with generally recognized, responsible insurance
companies authorized to do business in the state of Georgia, each of which are also
qualified and authorized to assume the risks undertaken. Such insurance shall be in
such amounts as a responsible and prudent company or arganization would require
under similar circumstances. Such insurance shall cover the Subgrantee and it's
above, described property, as well as its employees, agents and volunteers.
30. Subcontracts. Work or services to be performed under this (third party) agreement by the
Subgrantee may be subcontracted (fourth party) under the following conditions:
(a) The Subgrantee agrees that the selection of fourth party Subgrantees requires
competition between potential fourth party Subgrantees pursuant to 45 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) agreement between CSRA RC and the Subgrantee.
(c) Any fourth party agreement in excess of $10,000 total value shall have written
CSRA RC approval prior to execution. CSRA RC approval sha11 not be
unreasonably withheld.
(d) A copy of all fourth party agreements shall be on file at the Subgrantee's office and
available for review by CSRA RC monitors upon request.
(e) The Subgrantee will be responsible for the performance of any fourth party
Subgrantees to whom any duties are delegated under any provision of this
agreement.
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(f� The Subgrantee agrees to reimburse the CSRA RC for any federal or state audit
disallowances arising from a fourth party Subgrantees's performance or non-
performance of duties under this agreement which are delegated to the fourth party
Subgrantees.
(g) If the Subgrantee subcontracts for the provision of any deliverables pursuant to this
agreement, the Subgrantee agrees to include the following in each subcontract:
1. Stipulations that the fourth party Subgrantees is required to adhere to each
provision of this agreement related to the quality and quantity of deliverables,
compliance with state and federal laws and regulations, confidentiality, auditing,
access to records and agreement administration.
2. A clear statement of the service or product being acquired through said
subcontract with detailed description of cost including properly completed
Division of Aging Services Unit Cost Methodology documentation, as
appropriate.
(h) The Subgrantee shall promptly pursue, at its own expense, appropriate legal and
equitable remedies against any fourth party Subgrantees who fails to adhere to the
agreement requirements. The Subgrantee's failure to proceed against a fourth parry
Subgrantees will constitute a separate breach by the Subgrantee in which case the
CSRA RC may pursue appropriate remedies as a result of such breach.
Failure by the Subgrantee to comply with the provisions of this paragraph in a timely
manner as determined by CSRA RC, may at CSRA RC's discretion result in disallowance or
delay in payment under the Paragraph titled Method of Pavment or in termination pursuant
to the Paragraph titled Termination.
31. Assignabilitv. The Subgrantee shall only assign, sublet or transfer all or any portion of its
interest in this agreement with the prior written approval of CSRA RC.
32. Amendments. The CSRA RC may require changes in this agreement from time-to-time.
Such changes, including any increase or decrease in the amount of the Subgrantee's
compensation shall be incorporated in written amendments to this agreement. Only the
CSRA RC's Executive Director may execute amendments to this agreement on behalf of the
CSRA RC.
33. Disputes and Apqeals. The CSRA RC Executive Director sha11 decide any questions
arising under this agreement. Such questions must be submitted to the CSRA RC's
Executive Director in writing via certi�ed mail, return-receipt requested. The CSRA RC's
Executive Director shall reduce such decision concerning the question to writing and mail or
otherwise furnish a copy thereof to the Subgrantee within ten (10) business days after receipt
of the question. The Subgrantee agrees that the decision of CSRA RC's Executive Director
sha11 be final and conclusive unless, within ten (10) days of receipt of such copy, the
Subgrantee mails or otherwise furnishes a written request for appeal concerning the question
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of fact to CSRA RC's Commission of Directors, who shall arrange a formal hearing within
thirty (30) business days after receipt of the appeal request. All such requests must be
mailed via certified mail, return-receipt requested to the attention of the CSRA RC's
Commission of Directors at 3023 River Watch Parkway, Suite A, Augusta, GA 30907. Both
the Subgrantee and CSRA RC's Executive Director shall have the right to present witnesses
and give evidence concerning the question of fact at such time. Within thirty-two (32) days
after the hearing, the CSRA RC's Commission of Directors shall render its decision
concerning the question of fact in writing to the Subgrantee and to CSRA RC's Executive
Director.
Pending final decision of an appeal to the CSRA RC's Commission of Directors, the
Subgrantee shall proceed diligently with the performance of the agreement and in
accordance with CSRA's Commission of Director's decision.
The Subgrantee agrees that the decision of the CSRA RC's Commission of Directors
concerning the question shall be final and conclusive unless determined otherwise by the
funding agencies, or the Comptroller of the United States. In the event the funding agencies
provide input, the CSRA RC's Commission of Directors will reconsider its decision at the
next regularly scheduled meeting of the CSRA RC Commission. Any decision made based
on the information provided from the funding agencies (the reconsideration action) shall be
final and conclusive.
34. Assurances. The Subgrantee hereby assures and certifies that it will comply with the
regulations, policies, guidelines and requirements, including the Executive Order 12372, 45
CFR 74, 45 CFR 92, and U.S. Office of Management and Budget Circular (as currentiy
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 Subgrantee gives assurance and certifies with
respect to this purchase of service agreement that:
(a) For all purchase of service agreements:
(1) It possesses legal authority to apply for this purchase of service agreement,
and, if appropriate, to finance and construct any proposed facilities; and, a
resolution, motion or similar action has been duly adopted or passed as an
official act of the Subgrantee's governing body, authorizing the filing of the
application, including all understandings and assurances contained therein,
and directing and authorizing the person identified as the official
representative of the Subgrantee to act in connection with the application and
to provide such additional information as may be required, and, upon CSRA
RC's approval of its application, that the person identified as the official
representative of the Subgrantee is authorized to execute a purchase of
service agreement incorporating the terms of its application.
(2) It will comply with Title VI of the Civil Rights Act of 1964 (P.L. 88-352 and
42USC 2000d) and in accardance with Title VI of that Act, no person in the
United States sha11, on the ground of age, disability, religion, creed or belief,
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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, disabiliry, 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 pay or 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 agreement is fifty thousand dollars ($54,000) or more,
the Subgrantee certifies that: (A) It has developed a written Affirmative
Action Pragram (AAP) which includes: an analysis of the Subgrantee's vvork
forces showing by job category the extent to which minorities and females
are being underutilized, and where minorities and females are being
underutilized, realistic goals and timetables in each job category for
correcting the underutilization; and (b) it presently has such a plan in effect
and such plan will remain in effect at least until the program completion date
of this agreement. The 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 a11 solicitations or advertisements for fourth party
Subgrantees or employees placed by or on behalf of the Subgrantee, state that
a11 qualified applicants will receive consideration for employment without
regard to age, disability, religion, creed or belief, political affiliation, race,
color, sex or national origin. The Subgrantee shall not discriminate against
any qualified client or recipient of services provided through this agreement
on the basis of age, disability, religion, creed or belief, political affiliation,
race, color, sex or national origin. The Subgrantee shall cause the foregoing
provisions to be included in all subcontracts for any work covered by this
agreement so that such provisions will be binding upon each fourth party
Subgrantees, provided that the foregoing provisions shall not apply to
subcontracts for less than ten thousand dollars ($10,000).
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The Subgrantee shall keep such records and submit such reports concerning
the racial and ethnic origin of applicants far employment and employees as
CSRA RC or the funding agencies may require.
The Subgrantee agrees to comply with such rules, regulations or guidelines as
CSRA RC or the funding agencies may issue to implement the requirements
of this paragraph.
(3) It will comply with requirements of the provisions of the Uniform Relocation
Assistance and Real Property Acquisitions Act of 1970 (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
far private gain for themselves ar others, particularly those with whom they
have family, business, or other ties.
(6) It will cooperate with CSRA RC in assisting 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
Archeologicai and Historic Preservation Act of 1966 (16 U.S.C. 469a-1 et
seq.) by (a) consulting, through CSRA RC, with the State Historic
Preservation Officer on the conduct of investigations, as necessary, to
identify properties listed in or eligible for inclusion in the National Register
of Historic Places that are subject to adverse effects (see 3 CFR Part 800.8)
by the activity, and subject to adverse effects (see 36 CFR Part 800.8) by the
activity, and notifying, through CSRA RC, the funding agencies of the
existence of any such properties, and by (b) complying with all requirements
established by CSRA RC or the funding agencies to avoid or mitigate adverse
effects upon such properties.
(7) It understands that the phrase "Federal financial assistance" is included any
form of loan, grant, guaranty, insurance payment, rebate, subsidy, disaster
assistance loan or grant, or any other form of direct or indirect Federal
assistance.
(8) For purchase of service agreements involving Federal financial assistance for
construction, it will make certain that the facilities under its ownership, lease
or supervision which shall be utilized in the accomplishment of the Project
are not listed on the Environmental Protection Agency's (EPA) list of
Violating Facilities and that it will notify the fund agencies, through CSRA
RC, of the receipt of any communication from the Director of the EPA office
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of Federal Activities indicating that a facility to be used in the program is
under consideration for listing by EPA.
(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.
35. Propertv Mana�ement Standards. The Subgrantee agrees:
A. That all non-expendable personal property purchased, in total or in part, with
funds received from the CSRA RC during the term of this agreement and a11
previous agreements is property of the CSRA RC and is subject to the rules and
regulations of the CSRA RC throughout the life and disposition of said property.
Said property cannot be transferred or otherwise disposed of without prior
written approval of the CSRA RC.
B. To adhere to all policies and procedures as promulgated in the State of Georgia's
Department of Human Resources' DHR Administrative Policy and Procedures
Manual, Part IX, the Properry Management Manual, and, if applicable, the
Vehicle Management Manual, which are by reference made a part of this
agreement. Subgrantee understands that the requirements for inventory of
property (at least every two years) and a control system to safeguard against loss,
damage ar theft as contained in the property manual sha11 be followed.
C. That property records shall be maintained accurately and reported on Form
#5111, Detailed Equipment Listing, within 30 days after acquisition of such
property, to the CSRA RC as indicated below:
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CSRA Regional Commission
Attn: Property Control
3023 River Watch Parkway, Suite A
Augusta, GA 3090�
D. In the event that this agreement is terminated prior to expiration or is not
renewed, Subgrantee agrees to properly dispose of all CSRA RC property as
follows:
l. Prepare Form 5086, Equipment Status Change form listing all CSRA RC
equipment in the Subgrantee's possession and send this form to the
CSRA RC for final disposal determination.
2. Upon notification by the CSRA RC, Subgrantee agrees to transport the
RC's property to the CSRA RC's facility. Expenses incurred by the
Subgrantee in transporting this equipment may be charged to the
terminated agreement.
36. Federal Prohibitions and Requirements Related to Lobbvin�: 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 Subgrantee, 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 empioyee of a Member of Congress in connection with the awarding
of any Federal contract, the making of any Federal grant, the making of any Federal
loan, the entering into of any cooperative agreement, and the extension, continuation,
renewal, amendment, or modification of any Federal contract, grant, loan, or
cooperative agreement.
(b) As a condition of receipt of any Federal contract, grant, loan, or cooperative
agreement exceeding $100,000, the Subgrantee shall file with CSRA RC a signed
"Certification Regarding Lobbying."
(c) If any funds other than Federally appropriated funds have been paid or will be paid
to any person for influencing or attempting to influence an officer or employee of
any agency, a Member of Congress, an officer or employee of Congress, or an
employee of a Member of Congress in connection with the Federal contract, grant,
loan, or cooperative agreement, the Subgrantee shall complete and submit Standard
Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its
instruction.
(d) A disclosure form will be �led 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:
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(1) A cumulative increase of $25,000 or more in the amount paid or expected to
be paid far 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 Subgrantee who makes a prohibited expenditure or who fails to file or amend
the disclosure form, as required, shall be subject to a civil penalty of not less than
$10,000 and not more than $100,000 for each such expenditure.
An imposition of a civil penalty under this action does not prevent the United States
from seeking any other remedy that may apply to the same conduct that is the basis
for the imposition of such civil penalty.
The Subgrantee shall require that the prohibitions and requirements of this paragraph
included in the award documents for all subawards at a11 tiers (including
subcontracts, purchase of service agreements, and contracts under grants, loans, and
cooperative agreements) and that all subrecipients shall certify and disclose
accordingly.
37. 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 nar its
principals are presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded from participation in this agreement by any federal department or
agency. The Subgrantee further agrees that it will include the requirement for the
"Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion —
Lower Tier Covered Transaction," without modification, in a111ower tier transactions and in
all solicitations for lower tier covered transactions.
38. Compliance with Repuirements of the Georgia Deqartment of Human Resources
(DHR). The Subgrantee shall be bound by the applicable terms and conditions of the
purchase of service contract between CSRA RC and DHR, which is on file in the offices of
CSRA RC and is hereby made a part of this agreement as fully as if the same were attached
hereto. If any of the terms and conditions of this agreement conflict with any terms and
conditions of the purchase of service contract, the Subgrantee agrees to abide by the terms
and conditions of the contract, which sha11 be controlling unless prior written consent to the
contrary is received from CSRA RC.
39. Documentation of Rent Costs. All Subgrantee budgeted rent line items or maintenance in
lieu of rent line items on privately owned buildings must be supported by three (3) separate
Statements of Comparable Rent, DHR Form #5465 (copies available from the Department).
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, Public facility maintenance in lieu of rent budgeted by the Subgrantee will be supported by a
Local Statement of Service and Maintenance Cost in Lieu of Rent in Public Buildings, DHR
Form #5464, and by three separate Statements of Comparable Rent, DHR Form #5465
(copies available from the Department). Rent per se is not applicable for publicly owned
facilities/buildings unless newly occupied on or after October 1, 1980, in accordance with
OMB Circular A-87.
40. Criminal Records Investigation:
(a) The Subgrantee agrees that, for the filling of positions or classes of positions having
direct care/treatment custodial responsibilities for services rendered under this
agreement, applicants selected for such positions shall undergo a criminal record
history investigation that shall include a fingerprint record check pursuant to the
provisions of Code Section 49-2-14 of the Official Code of Georgia Annotated. In
arder 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
applieant) and transmit said fingerprints directly to the Georgia Crime Information
Center together with the fee as required by said Center far 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 derogatary information
and, if the crime is one which is prohibited by duly published criteria within the
Depaxtment, the Subgrantee will be informed and the individual so identified will not
be employed for the purpose of providing services under this agreement.
(c) The provisions of this paragraph of the agreement shall not apply to persons
employed in day-care centers, group day-care homes, family day-care homes, or
child-caring institutions which are required to be licensed or registered by the
Department or to personal care homes required to be licensed, permitted, ar
registered by the Department.
41. Other Repuirements. In addition to other requirements of this agreement, 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 41 CFR 29-70, or 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 RC, Georgia Department of Human
Resources, U.S. Department of Health and Human Services, the Comptroller General of the
United States, or any of their duly authorized representatives, then, upon written demand by
CSRA RC, the Subgrantee sha11 reimburse CSRA RC in full for any payment made by
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CSRA RC to the Subgrantee for such disallowed costs within thirty days of receipt of such
written demand.
42. State of Georgia Ethics Code Violations. The Subgrantee understands that the State of
Georgia's Department of Human Resources' Division of Aging Services (the Department) is
the primary source of funds for this subgrant agreement. Under Subsection 93.11 (§9311)
of the Division of Aging Services's Cornpliance 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
far 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.
43. CSRA RC Ethics Hotline. The Central Savannah River Area Regional Commission has
initiated and established an ethics hotline. A11 recipients of subgrants, contracts,
subcontracts, and/or cooperative agreements are required to take proactive steps to ensure
that employees within their agencies are aware of the CSRA RC's ethics hotline. To this
end, the subgrantee must provide its employees with a copy of the CSRA RC's ethics
hotline information brochure and each employee must sign an acknowledgement that the
information has been provided to him/her. Copies of a11 acknowledgements must be
maintained in the records associated with this agreement and are subject to review by the
CSRA RC at all times.
44. Termination
A. Due to non-availability of funds. Notwithstanding any other provision of this
agreement, in the event that any of the funding sources of far payments to the CSRA RC
for services under this agreement no longer exist, or in the event the sum of a11
obligations of the Center incurred under this and all other agreements entered into for
this program exceeds the balance of such agreement sources, then this agreement sha11
immediately terminate without further obligation of the CSRA RC as of that moment.
The certification by the Commissioner of the Department of Human Resources of the
occurrence of either of the events stated above shall be conclusive.
B. Due to default or for cause. This agreement may be terminated for cause, in whole or
in part, at any time by the CSRA RC for failure of the Subgrantee to perform any of the
provisions hereof. Should the CSRA RC exercise its right to terminate this agreement
under the provisions of this paragraph, the termination shall be accomplished in writing
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and specify the reason and termination date. The Subgrantee will be required to submit
the final agreement expenditure report not later than 45 days after the effective date of
written notice of termination. Upon termination of this agreement, the Subgrantee shall
not incur any new obligations after the effective date of the termination and shall cancel
as many outstanding obligations as possible. The above remedies are in addition to any
other remedies provided by law or the terms of this agreement.
C. For Convenience of the Subgrantee. This agreement may be cancelled or terminated
by the Subgrantee without cause; however, the Subgrantee must give written notice of its
intention to do so to the CSRA RC at least sixty (60) days priar to the effective date of
cancellation or termination.
D. For Convenience of CSRA RC. This agreement may be cancelled or terminated by the
CSRA RC without cause; however, the CSRA RC must give written notice of its
intention to do so to the Subgrantee at least thirty (30) days prior to the effective date of
cancellation or termination.
E. Notwithstanding any other provision of this paragraph, this agreement may be
immediately terminated without any opportunity to cure, if any of the following events
occurs:
1. Subgrantee becomes insolvent or liquidation or dissolution or a sale of the
Subgrantee's assets begins.
2. Subgrantee or any of its subgrantees violates or fails to comply with any applicable
provision of federal or state law or regulation.
3. Subgrantee or any of its subgrantees knowingly provides fraudulent, misleading or
misrepresentative information to any consumer/customer/client of the CSRA RC or
the Department of Human Resources or to the CSRA RC or DHR's representatives.
4. Subgrantee has exhibited an inability to meet its financial or services obligations
under this agreement.
5. A voluntary or involuntary bankruptcy petition is filed by or against the Subgrantee
under the U.S. Bankruptcy Code or any similar petition under any state insolvency
law.
6. An assignment is made by the Subgrantee for the benefit of creditors.
7. A proceeding for the appointment of a receiver, custodian, trustee, or similar agent is
initiated with respect to the Subgrantee.
8. The CSRA RC 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 CSRA RC or the State of Georgia's personnel,
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consumers/customers/clients, facilities, or services.
9. A court with competent jurisdiction, or an arbitrator(s) conducting an arbitration
involving the CSRA RC by consent, issues an order or decision that causes the
contract to be rendered voidable or null and void andJor prohibits the CSRA RC
from contracting with the Subgrantee, or otherwise invalidates the procurement
process and/or the contractual relationship with the Subgrantee.
10. 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.
45. Subgrantee/Fourth-Partv License Requirements. The Subgrantee agrees to maintain any
required city, county and state business licenses and any other special licenses required,
prior to and during the performance of this agreement. The 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 agreement or state and federal laws, that this agreement may be terminated
immediately in whole or in part.
46. AIDS Policv. Subgrantee agrees, as a condition to provision of services to the CSRA RC's
and/or DHR's consumers/customers/clients/patients, not to discriminate against any
consumer/customer/client/patient who may have AIDS or be infected with Human
Immunodeficiency Virus (HIV). The Subgrantee is encouraged to provide or cause to be
provided appropriate AIDS training ta 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 (HIV)," dated
October 30, 1987. from the Department of Labor/Department of Health and Human Services
and which has been made available to the board. The board further agrees that in the
implementation of the Department's programs it will follow those standard operation
procedures developed and identified by the appropriate program division of the Department
as applicable to the specific programs and as provided to the board by the program division.
Subgrantee agrees, as a condition to provision of services to the CSRA RC's and/or DHR's
consumers/customers/clients/patients, not to discriminate against any consumer/cus-
tomer/client/patient who may have AIDS or be infected with Human Immunodeficiency
Virus (HIV). The Subgrantee is encouraged to provide or cause to be provided appropriate
AIDS training to its employees and to seek AIDS technical advice and assistance from the
appropriate division or office of DHR, as the Subgrantee deems necessary. The Subgrantee
further agrees to refer those consumers/customers/clients/patients requesting additional
AIDS related services or information to the appropriate county health department.
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Notwithstanding subparagraph A above, if the Subgrantee is a county board of health it
agrees to comply with the Joint Advisory Notice, entitled "Protection Against Occupational
Exposure to Hepatitis B Virus (HBV) and Human Immunodeficiency Virus (H IV)," dated
October 30, 1987 from the Department of Labor/Department of Health and Human Services
and which has been made available to the board. The board further agrees that in the
implementation of the Department's programs it will follow those standard operation
procedures developed and identified by the appropriate program division of the Department
as applicable to the specific programs and as provided to the board by the program division.
47. Indemnification of CSRA RC. Subgrantee hereby waives, releases, relinquishes,
discharges and agrees to indemnify, protect and save harmless the State of Georgia
(including the State Tort Claims Trust Fund), DHR, DOAS, the Central Savannah River
Area Regional Commission and the Central Savannah River Area Regional Commission's
Area Agency on Aging, their officers and employees (collectively "indemnitees") of and
from any and a11 claims, demands, liabilities, loss, costs or expenses for any loss or damage
far bodily injury (including but not limited to death), personal injury, property damage, or
contract rights, attorneys' fees caused by, growing out of, or otherwise happening in
connection with this agreement, due to any act or omission on the part of Subgrantee, its
agents, employees, fourth party Subgrantees, or others working at the direction of
Subgrantee or on Subgrantee's behalf: or due to any breach of this agreement by
Subgrantee; (collectively, the "Indemnity Claims").
This indemnification extends to the successors and assigns of the Subgrantee, and this
indemnification and release survives the termination of this agreement and the dissoiution
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 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 of this indemnification.
Subgrantee sha11, 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.
48. 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 sha11 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 sha11 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,
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i AAA FY2012 PROVIDER CONTRACT
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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 sha11
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 sha11 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.
49. Enforcement. This Agreement shall be governed and construed in accordance with the
laws of the State of Georgia. In any action or proceeding arising under this Agreement, the
Superiar Court of Richmond County, Georgia shall have and may exercise exclusive
personal jurisdiction over all parties hereto, and in any such action or proceeding in said
venue shall be proper. In any such action or proceeding, service of process upon any party
may be perfected, in addition to any other manner provided by applicable law, by personal
delivery or by mail, with an appropriate return of service being made in writing and filed
with said Court.
IN WITNESS WHEREOF, the Subgrantee and the CSRA RC have executed this agreement as of
the day first above written.
ATTEST: Augusta, Georgia, a poli�ical sab-division af the ��e
of Georgia
. � :�;; .
,�Q'�,���,� � '�O�r�`��
�' �' Ra°'��o� ��� Address for Official Notices:
�� 'o.
�; p4 � � c:a� �Qs�
t� � � P � �s a �
� °� � ; ` A � �' D�eke Capenhaver, Mayor
j m� d �� °�� 530 Greene Street
� s � �.. r
�� � �� Augusta, GA 309O1
��� � ��� 1 1 H . -
G�
U w �
, � � �
������;:�i�av,� ` � � �f✓'
By: �
N/4`f�
Title
DATE � ` �� • � f
ATTEST: CSRA REGIONAL COMMISSION
3023 River Watch Parkway, Suite A
Augusta, Georgia 30907-2016
� a�'� � � � u �, ,�„�
t; > . � � : (� By. C ��..'
`� ,� � � Executive irector
�
DATE iC>,��1 �,\
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ATTACHMENT A
Program and Service Performance Requirements
Augusta, Georgia, a nolitical sub-division of the State of Geor�ia
I. General: The work to be accomplished by the subgrantee is in support of the
following CSRA RC work program components, hereinafter referred to as "Cost
center (s)".
Cost Center No. Cost Center Title
12-08-2110 Congregate Mea1s
Home-delivered Meals
Contract Units Persons 5erved
Congregate Meals — 7,846 - NSIP 31
Congregate Mea1s — 34,922 — T3C1 140
Home-delivered Meals — 12,345-NSIP 49
Home-delivered Meals —19,056- T3C2 77
Home-delivered Meals — 12,835 — NSIP State 51
The subgrantee's monthly program performance reports will separately detail
Progress made relative to each CSRA RC cost center.
II. Area Covered: The subgrantee sha11 perform all the services provided for under
this contract within and respecting the following geographic area, herein called the
"service delivery area."
Richmond Countv
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III. Work Services: As a provider under this agreement, the Subgrantee shall be responsible for
the following general activities:
L The Subgrantee shall submit quarterly narrative reports that document efforts to
develop new sources of community support, both public and private, during the
agreement period. Reparts are due on the 10`� of the succeeding month.
2. The Subgrantee sha11 attend all regularly scheduled and/or called CSRA RC-
sponsored meetings and training sessions.
3. The Subgrantee shall be responsible for developing, maintaining, and fulfilling all
written working agreements called for in each cost center.
4. The Subgrantee shall maintain and distribute an updated agency brochure describing
available services within its service area. In addition, the 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 RC.
7. The Subgrantee shall notify CSRA RC promptly of any changes in service delivery,
organization or sites.
8. The Subgrantee shall do, perform, and carry out, in a satisfactory manner, as
determined by CSRA RC's cognizant department director, the goals and objectives
required to fulfill this agreement.
9. The Subgrantee sha11 implement customer satisfaction feedback and provide annual
evaluations. The Subgrantee sha11 do, perform, and carry out, in a satisfactory
manner, as determined by CSRA RC's cognizant department director, the following
specific work and services.
lI lllllllllll!lI lllllll/lll/lll/lllllll/lllllllllll
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, AAA FY2012 PROVIDER CONTRACT
ATTACHMENT B
PROGRAM AND SERVICE REPORTING REQUIREMENTS
Reporting Requirements: As a provider under this agreement, the Subgrantee shall be responsible
for implementing the following reporting requirements.
I. Intake, Assessment and Record Maintenance Basics for All Non-Medicaid Client
I.1 Effective July 1, 1997, the Title III-SSBG Operations Manual is superseded
in part by these policies and procedures.
I.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 Nlanager for instructions.
(c) The NSI "DETERMINE" Checklist (Attachment 6)
(d) The (CBS) Income Determination Worksheet (Attachment 7)
L3 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.
I.4 Provider or AAA staff responsible for preparing individual client service
plans shall continue to use approved service plan farms until further notice.
I.5 Provider or AAA staff responsible far preparing client notification forms
shall continue to use approved forms until further notice.
L6 Staff shall continue to include narrative entries in client records using
approved documentation formats.
II. Client Intake, Registration and Tracking Form
II.l Effective July 1, 1997, all affected providers, and/or Area Agencies will use
the Client Intake, Registration and Tracking Form to collect, record and enter
into the Management Information System certain basic individual client data.
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( AAA FY2012 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.
(NAPIS)
(c) Items 47 and 48 (reverse side), regarding number of ADLs and IADLs
(NAPIS)
(d) Items 52, 53 and 54 (reverse side), regarding service dates and case
disposition/termination
(e) Agency/Provider information
II.3 When form is to be eompleted or information is to be updated:
(a) Effective July l, 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.
II.4 Retention and distribution of the form:
(a) Keep the original form completed for initial registration of the client
in the client record.
(b) Provide a copy of the original form, and of any updated information,
to the data entry staff for processing.
(c) If adding or changing information after initial registration, complete a
new form if necessary, or add or change the information (suggestion:
Use a`highlighter' marker to enter changes on the data entry copy.)
Retain the original in the client record.
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AAA FY2012 PROVIDER CONTRACT
III. Checklist of Activities of Daily Living and Instrumental Activities of Daily
Living
III.l When form is completed:
(a) Effective July l, 1997, all affected providers of Non-Medicaid Home
and Community Based Services, regardless of fund source, or Area
Agencies, will complete the check list for all clients applying for
services, including those who will be placed on a waiting list.
(b) At the time of first reassessment following implementation for each
ongoing client.
(c) At any time that there is a significant change in any client's situation
which affects functional status and the need for services.
III.2 Use of information
(a) Effective July 1, 1997, the information from the ADL-IADL
Checklist, along with information captured on Poverty Level and the
NSI "DETERMINE" Checklist, will, in part, replace the ESENI in
evaluating the client's priority for receiving services.
(b) Clients at or below poverty, with significant impairments in ADLs
and IADLs, and with Nutrition Risk Scares of 6 or higher, shall be
given preference for services.
(c) Ongoing clients shall be reassessed at the annual review date and
decisions regarding continued service needs will be based on this
reassessment, using the same criteria as in III.2 (b), in conjunction
with other significant information about the client's situation and need
for support.
IV. Nutrition Screening Initiative "DETERMINE" Checklist
N.l Effective July 1, 1997, the NSI "DETERMINE" Checklist shall be used to
determine nutritional risk status for each client applying for non-Medicaid
home and community based services.
IV.2 The initial NSI Checklist Score sha11 be entered into the Title IIUSSBG
Subsystem, using the Client Intake, Registration and Tracking form.
IV.3 For each client who begins receiving nutrition services on or after July 1,
1997, either at home or in a congregate setting, the NSI "DETERMINE"
Checklist will be administered again within the first three months of service.
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This score, whether the same or different, shall be entered into the Title
III/SSBG Subsystem, using the Tracking form to update the information.
{See II.4 (c.)}
IV.4 Baseline NSI "DETERMINE" Checklist Scores shall be determined for all
current nutrition ser 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 IIUSSBG
Subsystem, using the Tracking form to capture the information.
{ See II.4 (c). }
IV.S 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.
1 / / 1 / / / / / / / / / / / / / / / / / / / / / / / / / / 1 / / / / / / / / / / / / / / / / / / / /
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AAA FY2012 PROVIDER CONTRACT
ATTACHMENT C— COST AND FINANCIAL REPORTING REQUIREMENTS
I. Comnensation: The compensation is shown by cost center and resource category on the
Distribution of Resource, Supplemental Fiscal Year exhibit and on the following individual
cost center pages, which are attached to and made a part of this agreement for financial
reporting, monitoring, and audit purposes. The maximum amount of CSRA RC's
compensation to the Subgrantee by cost center is equal to the total federal and state funds as
outlined in Section I of this agreement.
The Subgrantee's request for payment described in the "Method of Payment" paragraph in
the main body of the Agreement shall delineate charges to be applied to each service. In no
event will total payments under each service exceed the maximum amounts listed on the
"Distribution of Resources" exhibit, nor shall CSRA RC's payment to the Subgrantee
exceed the total federal and state funds as outlined in Section I of this agreement.
Any deviation from or changes to the approved budget shall be handled as follows:
A. Deviations between Expenditure Object Class Categories (except FOOD or
EQUIPMENT) within the same service are permitted if the cumulative absolute total
of such transfers does not exceed ten (10) percent of the total amount for that service
shown on individual cost center pages. Subgrantee must promptly submit written
notice of such deviation to CSRA RC. 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 ar more services to another, a formal
agreement amendment must be requested by the Subgrantee, approved by CSRA RC,
and executed by both parties.
II. Matching Share: In addition to the requirements specified herein, the Subgrantee
specifically agrees to comply with, and shall be bound by, the applicable terms and
procedures for determining the allowability of non-federal contributions by the Subgrantee
or other non-federal parties in satisfying the cost sharing and matching requirements of this
agreement, if any, including but not limited to 45 CFR 74 and 45 CFR 92 as appropriate.
The Subgrantee further agrees that if non-federal contributions provided by the Subgrantee
or other non-federal parties to ful�ll the matching share requirements of this agreement, if
any, are not in conformity with the above and are subsequently disallowed as a result of an
audit by CSRA RC, the funding agencies, the Comptroller General of the United States, or
any of their duly sworn representatives, then, upon written demand by CSRA RC, the
Subgrantee shall, within thirty (30) calendar days of receipt of such written demand,
reimburse CSRA RC the amount of compensation previously paid by CSRA RC to the
Subgrantee that became unearned because of such disallowance.
III. Program Income. Program income, as defined in 4 CFR 74 and 45 CFR 92 as appropriate,
is further defined as follows:
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AAA FY2012 PROVIDER CONTRACT
Funds projected to be contributed by participant(s) or person(s) on behalf of a particular
participant(s) of the program during the period of this subgrant agreement. Expenditure of
this resource is limited to funds actually received, up to the amount shown on the
"Distribution of Resources" exhibit. If program income is generated in excess of the amount
shown on the "Distribution of Resources" exhibit, an agreement amendment executed by
both parties is required prior to expenditure.
All program income is bound by the same guidelines and requirements governing the
expenditure of all funds in this agreement. It is a resource to be budgeted and accounted for
by service.
V. General
A. The Subgrantee agrees that the "year to date" percent of annual budget expended (by
service or by category, and/or by Part, as appropriate) shall be in approximate
alignment with the "year to date" percent of units of service delivered.
B. The Subgrantee agrees that Match and Program Income collected sha11 be expended
monthly or at intervals such that state and federal funds are not expended at an
accelerated rate (e.g. 10 percent match to 90 percent state and federal funds in Title
III; and 12 percent match to 88 percent state and federal funds in SSBG).
C. The Subgrantee agrees to furnish annual cost/cash contribution or in-kind match for
Title III, as appropriate, which represents 10 percent of the total cost of this
agreement. The certified cost{expenditures or in-kind match values will be
expended/recarded by the Subgrantee monthly at 10 percent of the total monthly
project expenditures for each service claimed for reimbursement.
D. The Subgrantee agrees to furnish annual cost/cash contribution or in-kind match for
SSBG which represents 12 percent of the total cost of this agreement. The certified
costlexpenditures or in-kind match values will be expendedlrecorded by the
Subgrantee monthly at 12 percent of the total monthly project expenditures for each
service claimed for reimbursement. The Subgrantee agrees that CSRA RC may
withhold reimbursement if compliance is not maintained with A., B., and C. above or
if satisfactory explanations are not provided regarding the provision of units of
service and dollars expended.-
F. Any advance under this agreement must be returned to CSRA RC prior to end of the
a�reement period. The Subgrantee further agrees that upon termination of this
agreement for any reason, all unexpended funds held by the Subgrantee shall revert
to CSRA RC. The Subgrantee further agrees that the "advance of funds" will be
repaid in three equal installments during March, April, and May of this agreement
period unless CSRA RC's Director of Finance and Administration gives written
approval for another repayment schedule. Should any interest be earned on funds
that were advance by CSRA RC, the Subgrantee will apply the interest to the cost of
this agreement prior to making a reimbursement/payment request to CSRA RC.
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