Approvals:
This Contract is subject to the terms and conditions as stated. By affixing their signatures below, the parties agree that electronic approvals may serve as electronic signatures. In addition, the parties verify that they are authorized to bind this agreement between parties and that they accept the terms of this agreement.
1st Party:
______
Signature Title
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Printed name Date
2nd Party:
______
Signature Title
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Printed name Date
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Include registration of a Data Universal Numbering System (DUNS) identifier number if the amount of Federal funds awarded to the Second Party is $25,000 or more. (See Section 3.13)
DAIL Contract # PON2 72512000010551
ADD Contract # AAA-2012-2013-02
KENTUCKY RIVER AREA DEVELOPMENT DISTRICT
AREA AGENCY ON AGING
PROGRAM ADMINISTRATION CONTRACT
MEMORANDUM OF AGREEMENT
THIS AGREEMENT, made and entered into as of the 1st day of July, 2012 , by and between the Kentucky River Area Development District, Area Agency on Aging, hereinafter referred to as the District /KRADD, and
Letcher County Fiscal Court
(Name of Contractor/Second Party)
2154 Highway 119 North, Whitesburg, KY 41858
(Address of Contractor/Second Party)
hereinafter referred to as the Contractor/Second Party,
Kentucky River Area Development District as the First Party
The Kentucky River Area Development District (KRADD), in the exercise of its lawful duties, has determined that the functions outlined in this Agreement and in the attachment(s) thereto, are necessary for the performance of the statutory and regulatory requirements of the Cabinet for Health & Family Services.
Contractor/Second Party and/or Third Party
The Contractor/Second Party agrees that they are willing, available and qualified to perform the scope of work as detailed in this agreement and as specifically outlined and referenced in any attachments.
Binding Agreement
Both KRADD and the Contractor/Second Party agree to the terms and conditions as set forth in this Agreement and as set forth in the scope of services and detailed in the attachment(s) to this agreement.
Total Amount of Master Agreement Period
The Second Party’s fees and expenses relative to the performance of the services described herein shall not exceed a total of $102,813 Federal/State cash and $88,736 Local Match for a total of $191,549 and the period within the current fiscal year in which the subject services are to be performed is from July 1, 2012 through June 30, 2013. The detail of the total contract can be found in Attachment F. Consideration: Payment on memoranda of agreement shall not be authorized for services rendered after the Kentucky River Area Development District’s disapproval, unless the decision of the committee is overridden by the Secretary of the Finance and Administration Cabinet or agency head, if the agency has been granted delegation authority by the Secretary of the Finance and Administration Cabinet.
Table of Contents
Section 1─Administrative Overview
1.00─Purpose and Background
1.01─Issuing Office
1.02─Communications
1.03─Terminology
1.04─Definitions
1.05─Organization
Section 2─Scope of Work
2.00─ Services Required
2.01-CHFS/Agency Responsibilities
2.02-Payment and Invoicing Requirements
2.03-Audit Requirements
2.04-Match Requirements
2.05-Program Income
Section 3─Terms and Conditions
3.00─Beginning of Work
3.01─Contract Components and Order of Precedence
3.02─Term of Contract
3.03─Changes and Modifications to the Contract
3.04─Changes in Scope
3.05─Cancellation
3.06─Contract Conformance
3.07─Notices
3.08─Payment
3.09─Expenses
3.10─Social Security
3.11─Advertising Award
3.12─No Required Use of Contract
3.13─Federal Funding Accountability and Transparency Act Compliance
Section 4─CHFS Standard Terms and Conditions of Memorandum of Agreements
4.00─The Contract
4.01─Attachment(s)
4.02─Effective Date of Contract and Earliest Date of Payment
4.03─Extension Periods and Amendments to Contract
4.04─Funding
4.05─Assignment
4.06─Bankruptcy
4.07─Contractor Cooperation in Related Efforts
4.08─Notice
4.09─Headings
4.10─Severability
4.11─Indemnification
4.12─Sovereign Immunity
4.13─Force Majeure
4.14─Obligation of Good Faith
4.15─Code of Ethics
4.16─Influence on Purchasing and Other Business Transactions
4.17─Notices and Pamphlets
4.18─Service Delivery Requirements
4.19─Roles and Responsibilities for Proposed and Existing Staff
4.20─Terms and Conditions of Contract Payments
4.21─Total Amount of Funds and Budget Revisions
4.22─Travel and Travel Hourly Rate
4.23─Subcontractors
4.24─Responsibility for Subcontractor Contract Requirements
4.25─Subcontractor Monitoring Requirements
4.26─Cost Principles, Requirements and Limitations
4.27─Requirements and Limitations on Indirect or Administrative Cost Requirements
4.28─Financial Record Retention
4.29─Access to Records, Books, and Documents
4.30─Audit Requirements
4.31─Response/Compliance with Audit Findings
4.32─Equipment and Furniture
4.33─Property of CHFS
4.34─Property Control Ledger/Logs
4.35─Requirement of Inventory
4.36─Maintenance of Insurance
4.37─Research Project Approval and Institutional Review Board Requirements
4.38─Scientific Misconduct
4.39─Intellectual Property
4.40─Provisions for Termination
4.41─Turnover Assistance
4.42─Remedies for Breach
4.43─Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion, Lower Tier Covered Transactions
4.44─Licensure, Certification, and Registration
4.45─Permits, Licenses, Taxes and Commonwealth Registration
4.46─Conflict of Interest Laws and Principles
4.47─Campaign Finance
4.48─Legal Proceedings
4.49─Certification of Lobbying
4.50─Discrimination Prohibited (Because of Race, Religion, Color, National Origin, Sex, Age, or Disability)
4.51─Minority Recruitment, Hiring and Reporting Requirements
4.52─Violation of Tax and Employment Laws (See Exhibit A)
4.53─Certification Regarding Drug Free Workplace
4.54─Confidential Information
4.55─Confidentiality, Confidentiality Agreements and Limitations on Information and Data Use
4.56─HIPAA Confidentiality Compliance
4.57─Governing Law and Regulations
4.58─Reduction in Contract Worker Hours
4.59─No Grant of Employment or Agency
Exhibits and Attachments
Exhibit A Required Affidavit For Bidders Or Offerors (Not applicable for public institutions for post-secondary education)
Attachment A Title III B Support Services Budget
Attachment B Title III C Budget
Attachment C Title III D Disease Prevention Budget
Attachment F Budget Summary
Other Attachment(s) Local Resource Pages
Section 1─Administrative Overview
1.00─Purpose and Background
The Kentucky River Area Development District, in accordance with the Older Americans Act of 1965, as amended and 910 KAR Chapter 1, has determined there is a necessity to enter into an agreement for the performance of the following functions for the counties within the Area Development District.
1.--Administration of the Title III, from the United States Department of Health and Human Services (DHHS), Administration on Aging (AOA), pursuant to the Older Americans Act of 1965, as amended.
2.--Administration of the Nutrition Services Incentive Program (NSIP) cash in-lieu of commodities program, in accordance with Section 311 Older Americans Act of 1965, as amended.
3.--Administration of a Homecare Program, pursuant to KRS 205.455-465 and 910 KAR 1:180, funded by state general funds.
1.01─Issuing Office
The Kentucky River Area Development District is the only office authorized to change, modify, amend, alter, or clarify the specifications, terms and conditions of this Contract.
1.02─Communications
Below is the point of contacts for communications concerning contract issues.
Michelle Allen ()
Peggy Roll ()
917 Perry Park Road
Hazard, KY 41701
(606) 436-3158
1.03─Terminology
For the purpose of this Contract, the following terms may be used interchangeably;
Proposer, Offeror, Contractor, Provider, Second Party, or Vendor
Contract Specialist, Buyer, Purchaser, or Contract Officer
Proposal, or Offer
Commonwealth of Kentucky, Commonwealth, State of Kentucky, or State
Fiscal Year will be defined as the Commonwealth fiscal year: July 1 through June 30
Biennium will be defined as the Commonwealth biennium: July 1 of each even numbered year through June 30 of the next even numbered year.
1.04─Definitions
For the purpose of this Contract, the following terms shall have the definitions below:
1.--“AAAIL” means the Area Agency on Aging and Independent Living which resides within the ADD per KRS 147A.050.
2.--“ADRC” means Aging and Disability Resource Center programs which uses the Kentucky Care Coordination process to streamline information, referral and access to long-term care options by using a wide range of community resources.
3--“-AoA” means the Federal Administration on Aging.
4.--“Adult Day” means a program to provide planned activities and caregiver support to enable elderly Kentuckians to maintain an optimal lifestyle in their daily lives.
5.--“ADD” means the Area Development District pursuant to KRS 147A.050, also referred to as “Agency”.
6.--“CDO” means Consumer Directed Option which is the provision of Support Broker and Financial Management services, as detailed and required under the Consumer Directed Option Medicaid Waivers.
7.--“CHFS” or “Cabinet” means the Cabinet for Health and Family Services per KRS 205.204.
8.-- “CMS” means the Centers for Medicare and Medicaid Services.
9.--“Certification of Personal Services Agencies” means agencies having been certified through the Office of the Inspector General in accordance with 906 KAR 1:180.
10.-“Certified Ombudsman” means a person who has received formal training from state approved Curriculum regarding the Ombudsman program, and has been certified by the State Ombudsman.
11.-“DAIL” means the Department for Aging and Independent Living
12-“DLTCO” means District Long Term Care Ombudsman.
13.-“Department” means the Department for Aging and Independent Living .
14.-“District” means Area Development District pursuant to KRS 205.455(4).
15.-“Exception Committee” means a committee comprised of three (3) district directors or designees who make a decision to an exception request according to 910 KAR 1:260 Section 6.
16-“Exception Request” means an exception under the Kentucky Caregiver Program requested by eligible
applicants for supplemental needs not identified in 910 KAR 1:260 Section 8 or to exceed the household
cap as stated in 910 KAR 1:260 Section 5.
17-“Facility” means a Personal Care Home, Family Care Home, Nursing Home, Skilled Nursing Home,
Intermediate Care Facility for the Mentally Retarded (ICFMR).
18.-“Family caregiver” means an adult family member or another individual (age 18 or over) who shall be
an informal provider of in-home and community care to an older individual or an individual of any age
with Alzheimer’s or a related diagnosis.
19.-“Formal support system” means a service obtainable through public or private service programs.
20.-“Frail” means functionally impaired in the performance of two activities of daily living, three
instrumental activities of daily living, or a combination of one activity of daily living and two instrumental activities of daily living.
21.-“Grandparent or older relative caregiver” means a grandparent or step grandparent of a child, or a
relative of a child by blood, marriage, who is 55 years of age or older and has the child living in their home; is the primary caregiver of the child because the biological or adoptive parents are unable or unwilling to serve as primary caregiver of the child; has a legal relationship to the child, such as legal custody or guardianship; or is raising the child informally.
22.-“ Homecare Program” means a program that offers in-home support and Services to individuals 60
years of age and over who have functional disabilities and are at risk of long term institutional placement.
Services include personal care, home maker, home health aide, home delivered meals, home repair, chore, respite, escort, and assessment.
23-“Informal support system” means any care provided to an individual, which is not provided as part of a public or private formal service program.
24.—“KCC” means Kentucky Care Coordination services coordinated under the statewide network of ADRC’s to record and track clients and services they receive via single entry into the State Service System (SAMS).
25.-“Kentucky Caregiver Program” means a program to support grandparent caregivers through regional statewide programs that provide information, access and assistance, training, counseling, support groups and supplemental services per KAR 910 1:260.
26.-“LTCOP” means Long Term Care Ombudsman Program.
27.-“MFP” means Money Follows the Person” federal DMS program that provides information and
assistance to Medicaid, nursing home clients who have been in a nursing facility for a minimum of three
months who wish to transition back to the community
28.-“NAPIS” means National Aging Program Information System.
29.-“NORS” means National Ombudsman Reporting System which is the system utilizing the
Ombudsmanager , a harmony product, to record and report data collected by the District Ombudsman or their designee.
30.-“NSIP” means the Nutrition Services Incentive Program, which provides partial funding of meals to
Kentucky’s seniors, designed to provide balanced and nutritious meals at home or in a congregate setting.
31.-“Older Americans Act” or “OAA” means the Older Americans Act of 1965 as amended.
32.-“PCP” means Person Centered Planning which is a process and approach designed to assist someone
to plan their life and support. It is used most often as a life planning model to enable individuals
requiring support to increase their personal self-determination and improve their own independence.
33.- “SAMS” means Social Assistance Management System which is a Harmony product currently being used as the State data system the main portal is located at: www.Agingnetwork.com. Also referred to as “State Data System” or Kentucky Data System”.
34.-“SHIP” means State Health Insurance Assistance Program which is a program to provide information and assistance to Kentuckians in reference to Medicare benefit assistance and other issues.
35.- “SOP” means Standard Operating Procedures located at www.chfs.ky.gov/DAIL/Standard Operating Procedures.
36-“Special Focus Facility” means a facility designated by the Centers for Medicare and Medicaid
Services found to have failed to improve significantly after being given the opportunity to do so.
37.-“State LTC Ombudsman Program” means the provision of ombudsman services to Kentuckians
residing in Long Term Care Facilities.
38.-“Title III” means programs under Title III of the Older Americans Act.
39.-“Title III Administration” means administration of the programs for elderly Kentuckians under Title III of the Older Americans Act.
40.-“Title III-B Support Services” Program means a services to provide community support to people 60 and older, pursuant to the Older Americans Act.
41.-“Title III-C1 Congregate Meals” Program means a meal is provided to a qualified individual, age 60 and older, in a congregate or group setting pursuant to the Older Americans Act. “Congregate Meals” are meals served in a congregate or group setting at a variety of sites and serves older adults interaction needs in addition to nutrition.
42-“Title III-C2 Home Delivered Meals” Program means a meal is provided to a qualified individual, age 60 and older, in his/her place of residence, pursuant to the Older Americans Act. “Home Delivered Meals’ are provided to individuals who have health difficulties that limit their ability to obtain or prepare food.
43.-“Title III-D Preventive Health” Program means a service providing disease prevention and health promotion to people 60 and older, pursuant to the Older Americans Act.
44.-“Title III-E Caregiver” Program means the National Family Caregivers Support Program which assists families fulfill their roles as caregivers, pursuant to the 2000 Amendments to the Older Americans Act.