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HomeMy WebLinkAboutS 2012-230 Housing Home Community Care Block Grant DOA -730 (Rev. 2/12) Home and Community Care Block Grant for Older Adults County Funding Plan Identification of Agency or Office with Lead Responsibility for County Funding Plan County_Orange July 1, 2012 through June 30, 2013 The agency or office with lead responsibility for planning and coordinating the County Funding Plan recommends this funding plan to the Board of Commissioners as a coordinated means to utilize community-based resources in the delivery of comprehensive aging services to older adults and their families. County Manager's Office (Name of agency/office with lead responsibility 1 / / 1 Authorized signature (date) Frank Clifton, County Manager (Type name and title of signatory agent) ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: June 19, 2012 Action Agenda Item No. 5- E; SUBJECT: Home and Community Care Block Grant for Older Adults Funding Plan for FY 2012-13 DEPARTMENT: County Manager PUBLIC HEARING: (YIN) No ATTACHMENT(S): INFORMATION CONTACT: Recommended Funding Plan Gwen Harvey, Assistant County Manager, 919-245-2307 Janice Tyler, Aging, 919-245-2000 Nancy Coston, Department of Social Services, 919-245-2800 Alvonia Baldwin, Senior Care of Orange County, Inc. PURPOSE: To approve the recommended Home and Community Care Block Grant (HCCBG) for Older Adults Funding Plan for FY 2012-13. BACKGROUND: The Home and Community Care Block Grant (HCCBG) was established in 1992 under North Carolina General Statute (NCGS) 143B-181.1 (a) (11) to provide a "common funding stream" for a comprehensive and coordinated system of home and community-based services and opportunities for older adults. HCCBG services are available to persons age 60 and older, although the "average" client statewide is nearly 80 years old, and the program targets individuals who are socially and economically needy. The Block Grant is administered through the NC Division of Aging and Adult Services and the Area Agencies on Aging. It combines federal and state funds with a local match. Providers typically use a variety of sources to offer programs such as senior centers, in-home aid services, volunteer coordination, and congregate meals. The Block Grant gives boards of commissioners discretion in budgeting and administering aging funds. The State recently confirmed $510,464 as the Orange County planning estimate for FY 2012- 13, an increase of$1,433 from FY 2011-12 spending plan, as amended. A technical advisory committee of HCCBG fund recipients —Aging, Social Services, and Senior Care of Orange County, Inc., — convened by the Assistant County Manager and the Triangle J Area Agency on Aging Director met to review the program status for FY 2011-12 and develop a recommended Funding Plan for FY 2012-13. 2 Social Services and Aging in close coordination will continue to combine resources to extend provision of "In-Home Aid Services" under Block Grant stipulations and consistent with mandates for seniors at-risk to placement. FINANCIAL IMPACT: The Home and Community Care Block Grant for FY 2012-13 provides a total of $510,464 in State funding to support a network of aging services throughout Orange County. The required match is provided through funds already included within Departmental and Outside Agency operating budgets. RECOMMENDATION(S): The Manager recommends the Board approve the Home and Community Care Block Grant Funding Plan for FY 2012-13 in the amount of $510,464 and authorize the Chair to sign the grant documents. 3 Home and Community Care Block Grant Funding Plan — FY2012-13 Programs Block Grant Recommended Funding Block Grant FY11-12 Funding FY12-13 Aging Congregate Nutrition $119,697 $120,175 Department on Aging operates two Congregate Meal Sites located in Orange County's two multipurpose senior centers in Chapel Hill and Hillsborough. Department staff assist nutrition participants on a variety of needs including in home care, retirement benefits, health and nutrition ,legal and financial assistance, older worker employment and opportunities for recreation/leisure DSS In-Home Aid Services $65,129 $115,957 Adult Services staff allot funds to ensure needy clients receive services and support in place for essential home management and personal care tasks to forestall long term placement (Coordinated with Aging Department) Aging Senior Center Operations $ 76,494 $76,494 Grant funds offset a portion of the salaries of the Facility Managers who provide oversight and help facilitate services at the two multi-purpose senior centers operated by the Department on Aging Aging Transportation (OPT) $ 73,394 $73,394 Daily fixed transportation routes are provided for seniors to attend activities and services at the two multipurpose senior centers, Chapel Hill and the Hillsborough that include the daily nutrition program Aging Information and Case Assistance $85,792 $85,792 Provision of information and referral through the senior centers; visits to individuals' homes; consultations for assessment of needs and follow- up, including cross-over assistance through Social Services 1 4 Programs Block Grant Recommended Funding Block Grant FY11-12 Funding FY12-13 DSS (in coordination with Aging) Leverage County and State resources to increase $57,016 FY11-12 funding flexibility through an array of person-centered consolidated service options that assist eligible individuals under In-Home Aid requiring community supports to remain at home Services for FY12- 13 Florence G. Soltys Adult Day Program (Senior Care of Orange County, Inc ) $38,173 $38,650 (Hillsborough) Health Day Care - $19,325 Adult Day Care $19,325 Provide assistance and support to unpaid care givers by providing supervision of frail elderly participants in a community facility setting under the adult day health and social models Total $509,035 $510,464 Revised FY11-12 Allocation 2 a N- C) 0 n 0 0 n CO U al w COO CO CO CO CO O N CO - (1) C N CA � CO O F- D N �'^_ 1 a) a \ o _ ° LO ° ° ° ° U) N. O m 0 o o o )n co M CO O N O o m a) CO Z U a)� N O S U N a. N O M r....... ....... N C N .0 N O CO CO O-O E u) CD L O 11 E ct O U6 % \ O a' w O ...._ Ns' o w a o Q UN ' i Q d Z Z 'a O N -O CO O 0 0 0 0 CO 0 O N m 0): st CO 0 CO 0 0 CO m ti,?' 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I © W _ . _ * 3 2 4 / DOA-733 (Rev. 2/12) Home and Community Care Block Grant for Older Adults County Funding Plan July 1,2012 through June 30,2013 Methodology to Address Service Needs of Low Income (Including Low-Income Minority Elderly), Rural Elderly and Elderly with Limited English Proficiency (Older Americans Act, Section 305(a)(2)(E)) Community Service Provider Orange County Department of Social Services County Orange The Older Americans Act requires that the service provider attempt to provide services to low-income minority individuals in accordance to their need for aging services. The community service provider shall specify how the service needs of low income, low- income (including low income minority elderly), rural elderly and elderly with limited English proficiency will be met through the services identified on the Provider Services Summary(DOA-732). This narrative shall address outreach and service delivery methodologies that will ensure that this target population is adequately served and conform with specific objectives established by the Area Agency on Aging, for providing services to low income minority individuals. Additional pages may be used as necessary. Attachment for DOA-733 Home and Community Care Block Grant for Older Adults County Funding Plan July 1, 2012 through June 30, 2013 Community Service Provide: Orange County Department of Social Services County: Orange The Orange County Department of Social Services will provide in service training to inform and educate the community of the in-home service program. Social workers and the adult service unit supervisor will contact local health agencies, attend community forums, senior fairs, community resource committee meetings speak with local doctors, hospital social workers, hospice social workers and intake workers in both the Aging Department as well the Department of Social Services. Referrals will be screened to assure the needs of low-income minority and rural elderly are addressed. This will include close collaboration with the Medicaid and Food and Nutrition units. DOA-734 (revised 2/12) July 1,2012 through June 30, 2013 Home and Community Care Block Grant for Older Adults Community Service Provider Standard Assurances Orange County Department of Social Services agrees to provide services through the Home and (Name of Provider) Community Care Block Grant, as specified on the Provider Services Summary (DOA-732) in accordance with the following: 1. Services shall be provided in accordance with requirements set forth in: a) The County Funding Plan; b) The Division of Aging Home and Community Care Block Grant Procedures Manual for Community Service Providers; and c) The Division of Aging Services Standards Manual, Volumes I through IV or at http://www.ncdhhs.gov/aging/monitor/mpolicy.htm Community service providers shall monitor any contracts with providers of Block Grant services and take appropriate measures to ensure that services are provided in accordance with the aforementioned documents. 2. Priority shall be given to providing services to those older persons with the greatest economic or social needs. The service needs of low-income minority elderly will be addressed in the manner specified on the Methodology to Address Service Needs of Low-Income (Including Low Income Minority Elderly), Rural elderly and Elderly with limited English Proficiency format, (DOA-733). 3. The following service authorization activities will be carried out in conjunction with all services provided through the Block Grant: a) Eligibility determination; b) Client intake/registration; c) Client assessment/reassessments and quarterly visits, as appropriate; d) Determining the amount of services to be received by the client; and e) Reviewing cost sharing/voluntary contributions policies with eligible clients. Standard Assurance To Comply with Older Americans Act Requirements Regarding Clients Rights For Agencies Providing In-Home Services through the Home and Community Care Block Grant for Older Adults As a provider of one or more of the services listed below, our agency agrees to notify all Home and Community Care Block Grant clients receiving any of the below listed services provided by this agency of their rights as a service recipient. Services in this assurance include: • In-Home Aide • Home Care (home health) • Housing and Home Improvement • Adult Day Care or Adult Day Health Care Notification will include, at a minimum, an oral review of the information outlined below as well as providing each service recipient with a copy of the information in written form. In addition, providers of in-home services will establish a procedure to document that client rights information has been discussed with in-home services clients (e.g. copy of signed Client Bill of Rights statement). Clients Rights information to be communicated to service recipients will include, at a minimum, the right to: • be fully informed, in advance, about each in-home service to be provided and any change and any change in service(s) that may affect the wellbeing of the participant; • participate in planning and changing any in-home service provided unless the client is adjudicated incompetent; • voice a grievance with respect to service that is or fails to be provided, without discrimination or reprisal as a result of voicing a grievance; • confidentiality of records relating to the individual; • have property treated with respect; and • be fully informed both orally and in writing, in advance of receiving an in-home service, of the individual's rights and obligations. Client Rights will be distributed to, and discussed with, each new client receiving one or more of the above listed services prior to the onset of service. For all existing clients, the above information will be provided no later than the next regularly scheduled service reassessment.U Agency Name: rCa,(1q Qr DU r� SOC..:cA,/ 5e..rU:c.t1 Name of Agency Administrator: /V4 vy lib rro�v' Signature: Date: (Please return this form to your Area Agency on Aging and retain a copy for your files.) CLIENT/PATIENT RIGHTS 1. You have the right to be fully informed of all your rights and responsibilities as a client/patient of the program. 2. You have the right to appropriate and professional care relating to your needs. 3. You have the right to be fully informed in advance about the care to be provided by the program. 4. You have the right to be fully informed in advance of any changes in the care that you may be receiving and to give informed consent to the provision of the amended care. 5. You have the right to participate in determining the care that you will receive and in altering the nature of the care as your needs change. 6. You have the right to voice you grievances with respect to care that is provided and to expect that there will be no reprisal for the grievance expressed. 7. You have the right to expect that the information you share with the agency will be respected and held in strict confidence, to be shared only with your written consent and as it relates to the obtaining of other needed community services. 8. You have the right to expect the preservation of your privacy and respect for your property. 9. You have the right to receive a timely response to you request for service. 10. You shall be admitted for service only if the agency has the ability to provide safe and professional care at the level of intensity needed. 11. You have the right to be informed of agency policies, changes, and costs for services. 12. If you are denied service solely on you inability to pay, you have the right to be referred elsewhere. 13. You have the right to honest, accurate information regarding the industry, agency and of the program in particular. 14. You have the right to be fully informed about other services provided by this agency. DOA-734 (revised 2/12) 4. All licenses,permits, bonds, and insurance necessary for carrying out Block Grant Services will be maintained by the community service provider and any contracted providers. 5. As specified in 45 CFR 92.36(b)(11), community service providers shall have procedures for settling all contractual and administrative issues arising out of procurement of services through the Block Grant. Community service providers shall have procedures governing the evaluation of bids for services and procedures through which bidders and contracted providers may appeal or dispute a decision made by the community service provider. 6. Applicant/Client appeals shall be addressed as specified in Section 7 of the Division of Aging Home and Community Care Block Grant Manual for Community Service Providers, dated February 17, 1997. 7. Community service providers are responsible for providing or arranging for the provision of required local match, as specified on the Provider Services Summary, (DOA-732). Local match shall be expended simultaneously with Block Grant funding. 8. Providers expending $500,000 or more in federal financial assistance through the Home and Community Care Block Grant, or in combination with other federal funding shall receive an annual independent audit which meets the requirements of the Division of Aging Program Audit Guide for Aging Services, applicable North Carolina General Statutes and Local Government Commission requirements, and OMB Circular A-133. For-profit community service providers shall have an annual compliance audit which meets the requirements of A-133. The audit shall be performed within nine (9) months of the close of the provider's fiscal year. Upon completion of the audit,non- profit and for-profit providers shall provide a copy of the audit report and any opinion letter simultaneously to the County and the Area Agency. Federal funds will not reimburse the cost of a single audit if the total of all federal funds expended by the provider is less than $500,000. (Refer to New Audit Requirements section at http://www.ncdhhs.gov/aging/monitor/mpolicy.htm). 9. Compliance with Equal Employment Opportunity and Americans with Disabilities Act requirements, as specified in paragraph fourteen(14) of the Agreement for the Provision of County Aging-Based Services (DOA-735) shall be maintained. DOA-734 (revised 2/12) 10. 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'Et Q 0 x C7 i i i C b• 3 d Ls A i i -C O n ^ ^PG d i i ..55 i i i i Vl C U w_ _ i i M iW V 'j i i i i i i i i i i -- --- E 2 - -i i / °O C a h ` i v 0= `0 • ni o Z w U w' 3 v Q 0 N o ° Z o CA 0 N •U d N o SD v) z U oN 00 h 0U t. lail U W oq y i v t N O Co O d' co U WN x x x A Q FA U d ti a z n b N a� A W aQi a3 9 U y cd N 0 A G O O O 0 to N d T o H A y U z g O w t Li 0 0 e 0 = . o w° . w A H Q z 400a. Z v0 U cn E-, DOA-734 (revised 2/12) 10. Providers In-Home Aide, Home Health,Housing and Home Improvement, and Adult Day Care or Adult Day Health Care shall sign and return the attached assurance to the area agency on aging indicating that recipients of these services have been informed of their client rights, as required in Section 314 of the 2006 Amendments to the Older Americans Act. Re2,41.4-Ge- uth J9 �z orized Signature) (Date) DOA-734 (revised 2/12) July 1, 2012 through June 30, 2013 Home and Community Care Block Grant for Older Adults Community Service Provider Standard Assurances Orange County Department on Aging agrees to provide services through the Home and (Name of Provider) Community Care Block Grant, as specified on the Provider Services Summary (DOA-732) in accordance with the following: 1. Services shall be provided in accordance with requirements set forth in: a) The County Funding Plan; b) The Division of Aging Home and Community Care Block Grant Procedures Manual for Community Service Providers; and c) The Division of Aging Services Standards Manual, Volumes I through IV or at http://www.ncdhhs.gov/aging/monitor/mpolicy.htm Community service providers shall monitor any contracts with providers of Block Grant services and take appropriate measures to ensure that services are provided in accordance with the aforementioned documents. 2. Priority shall be given to providing services to those older persons with the greatest economic or social needs. The service needs of low-income minority elderly will be addressed in the manner specified on the Methodology to Address Service Needs of Low-Income (Including Low Income Minority Elderly), Rural elderly and Elderly with limited English Proficiency format, (DOA-733). 3. The following service authorization activities will be carried out in conjunction with all services provided through the Block Grant: a) Eligibility determination; b) Client intake/registration; c) Client assessment/reassessments and quarterly visits, as appropriate; d) Determining the amount of services to be received by the client; and e) Reviewing cost sharing/voluntary contributions policies with eligible clients. 4. All licenses,permits,bonds, and insurance necessary for carrying out Block Grant DOA-734 (revised 2/12) Services will be maintained by the community service provider and any contracted providers. 5. As specified in 45 CFR 92.36(b)(11), community service providers shall have procedures for settling all contractual and administrative issues arising out of procurement of services through the Block Grant. Community service providers shall have procedures governing the evaluation of bids for services and procedures through which bidders and contracted providers may appeal or dispute a decision made by the community service provider. 6. Applicant/Client appeals shall be addressed as specified in Section 7 of the Division of Aging Home and Community Care Block Grant Manual for Community Service Providers, dated February 17, 1997. 7. Community service providers are responsible for providing or arranging for the provision of required local match, as specified on the Provider Services Summary, (DOA-732). Local match shall be expended simultaneously with Block Grant funding. 8. Providers expending$500,000 or more in federal financial assistance through the Home and Community Care Block Grant, or in combination with other federal funding shall receive an annual independent audit which meets the requirements of the Division of Aging Program Audit Guide for Aging Services, applicable North Carolina General Statutes and Local Government Commission requirements, and OMB Circular A-133. For-profit community service providers shall have an annual compliance audit which meets the requirements of A-133. The audit shall be performed within nine (9) months of the close of the provider's fiscal year. Upon completion of the audit,non-profit and for-profit providers shall provide a copy of the audit report and any opinion letter simultaneously to the County and the Area Agency. Federal funds will not reimburse the cost of a single audit if the total of all federal funds expended by the provider is less than $500,000. (Refer to New Audit Requirements section at http://www.ncdhhs.gov/aging/monitor/mpolicy.htm). 9. Compliance with Equal Employment Opportunity and Americans with Disabilities Act requirements, as specified in paragraph fourteen (14) of the Agreement for the Provision of County Aging-Based Services (DOA-735) shall be maintained. DOA-735 (revised 6/09) The County may authorize community service providers to implement budget revisions which do not cause the County to fall below minimum budgeting requirements for access, in-home, congregate, and home delivered meals services, as specified in Division of Aging and Adult Services budget instructions issued to the County. If a budget revision will cause the County to fall below minimum budgeting requirements for any of the aforementioned services, as specified in Division of Aging and Adult Services budgeting instructions issued to the County, the grants administrator for the County shall obtain written approval for the revision from the Area Agency prior to implementation by the community service provider, so as to assure that regional minimum budgeting requirements for the aforementioned services will be met. Unless community services providers have been given the capacity to enter data into the Aging Resources Management System (ARMS), Area Agencies on Aging are responsible for entering amended service data into the Division of Aging Management Information System, as specified in the N.C. Division of Aging and Adult Services Home and Community Care Block Grant Procedures Manual for Community Service Providers, revised February 17, 1997. 8. Monitoring. This Agreement will be monitored to assure that services are being provided in compliance with the N.C. Division of Aging and Adult Services Service Standards Manual, dated July 1, 1992, and the N.C. Division of Aging Home and Community Care Block Grant Procedures Manual for Community Service Providers, revised February 17, 1997. Further, compliance with updated monitoring requirements, as specified in Office of Management and Budget(OMB) Circular A-133 and NC General Statute 143C-6-22 and 23 shall be carried out. Monitoring shall also include compliance with conflict of interest requirements. Monitoring requirements are discussed in Section 308 of the AAA Policies and Procedures Manual (7/1/03). Private non-profit service providers will be monitored to ensure compliance with conflict of interest policies, as stated in DoA Administrative Letter No. 03-14. The monitoring of services provided under this Agreement shall be carried out by the Area Agency on Aging in accordance with its Assessment Plan and/or by the DAAS Program Compliance Representative (PCR). Local Departments of Social Services providing Adult Day Care, Adult Day Health Care, Housing and Home Improvement, and/or In-Home Aide (all levels)through the Home and Community Care Block Grant will receiving monitoring by the State PCR. All other services and grantees are monitored by the Area Agency on Aging serving the counties' PSA. Counties and community service providers will receive a written report of monitoring findings in accordance with procedures established in Section 308 of the AAA Policies and Procedures Manual (7/1/03) and DOA Administrative Letter No. 98-13. Any areas of non-compliance will be addressed in a written corrective action plan with the community service provider. 9. Disputes and Appeals. Any dispute concerning a question of fact arising under this Agreement shall be identified to the designated grants administrator for the Area Agency. In accordance 4 DOA-735 (revised 6/09) with Lead Regional Organization(LRO)policy, a written decision shall be promptly furnished to the designated grants administrator for the County. The decision of the LRO is final unless within twenty(20)days of receipt of such decision the Chairman of the Board of Commissioners furnishes a written request for appeal to the Director of the North Carolina Division of Aging and Adult Services, with a copy sent to the Area Agency. The request for appeal shall state the exact nature of the complaint. The Division of Aging and Adult Services will inform the Chairman of the Board of Commissioners of its appeal procedures and will inform the Area Agency that an appeal has been filed. Procedures thereafter will be determined by the appeals process of the Division of Aging and Adult Services. The state agency address is as follows: Director North Carolina Division of Aging and Adult Services 2101 Mail Service Center 693 Palmer Drive Raleigh,North Carolina 27699-2101 10. Termination for Cause. If through any cause,the County shall fail to fulfill in a timely and proper manner its obligations under this Agreement, or the County has or shall violate any of the covenants, agreements,representations or stipulations of this Agreement, the Area Agency shall have the right to terminate this Agreement by giving the Chairman of the Board of Commissioners written notice of such termination no fewer than fifteen(15) days prior to the effective date of termination. In such event, all finished documents and other materials collected or produced under this Agreement shall at the option of the Area Agency, become its property. The County shall be entitled to receive just and equitable compensation for any work satisfactorily performed under this Agreement. 11. Audit. The County agrees to have an annual independent audit in accordance with North Carolina General Statutes,North Carolina Local Government Commission requirements, Division of Aging and Adult Services Program Audit Guide for Aging Services and Federal Office of Budget and Management(OMB) Circular A-133. Community service providers, as specified in paragraph one (1), who are not units of local government or otherwise subject to the audit and other reporting requirements of the Local Government Commission are subject to audit and fiscal reporting requirements, as stated in NC General Statute 143C-6-22 and 23 and OMB Circular A-133, where applicable. Applicable community service providers must send a copy of their year-end financial statements, and any required audit,to the Area Agency on Aging. Home and Community Care Block Grant providers are not required to submit Activities and Accomplishments Reports. For-profit corporations are not subject to the requirements of OMB Circular A-133,but are subject to NC General Statute 143C-6-22 and 23 and Yellow Book audit requirements, where applicable. 5 DOA-735 (revised 6/09) Federal funds may not be used to pay for a Single or Yellow Book audit unless it a federal requirement. State funds will not be used to pay for a Single or Yellow Book audit if the provider receives less than$500,000 in state funds. The Department of Health and Human Services will provide confirmation of federal and state expenditures at the close of the state fiscal year. Information on audit and fiscal reporting requirements can be found at http://www.ncauditor.net/nonprofitsite. The following provides a summary of reporting requirements under NCGS 143C-6-22 and 23 and OMB Circular A-133 based upon funding received and expended during the service provider's fiscal year. Annual Expenditures Report Required to AAA Allowable Cost for Reporting • Less than$25,000 in Certification form and State N/A State or Federal funds Grants Compliance Re- porting<$25,000 (item# 11, Activities and Accomplishments does not have to be completed) OR Audited Financial Statements in Compliance with GAO/GAS (i.e. Yellow Book) Greater than$25,000 Certification form and Schedule of N/A and less that$500,000 Grantee Receipts>$25,000 and in State or Federal Funds Schedule of Receipts and Expendi- tures OR Audited Financial Statements in Compliance with GAO/GAS (i.e. Yellow Book) • $500,00+in State funds Audited Financial Statement in May use State funds, but and Federal pass through compliance with GAO/GAS (i.e. not Federal Funds in an amount less than Yellow Book) $500,00 • $500,000+in State funds Audited Financial Statement in May use State and Federal and $500,000+in Federal compliance with OMB Circular funds pass through funds (i.e. A-133 (i.e. Single Audit) at least $1,000,000) 6 DOA-735 (revised 6/09) • Less than $500,000 in State Audited Financial Statement in May use Federal funds, funds and $500,000+in compliance with OMB Circular but not State funds. Federal pass through funds A-133 (i.e. Single Audit) 12. Audit/Assessment Resolutions and Disallowed Cost. It is further understood that the community service providers are responsible to the Area Agency for clarifying any audit exceptions that may arise from any Area Agency assessment, county or community service provider single or financial audit, or audits conducted by the State or Federal Governments. In the event that the Area Agency or the Department of Health and Human Services disallows any expenditure made by the community service provider for any reason, the County shall promptly repay such funds to the Area Agency once any final appeal is exhausted in accordance with paragraph nine(9). The only exceptions are if the Area Agency on Aging is designated as a community service provider through the County Funding Plan or, if as a part of a procurement process, the Area Agency on Aging enters into a contractual agreement for service provision with a provider which is in addition to the required County Funding Plan formats. In these exceptions, the Area Agency is responsible for any disallowed costs. The County or Area Agency on Aging can recoup any required payback from the community service provider in the event that payback is due to a community service provider's failure to meet OMB Circular A- 122 requirements, requirements of A-110, requirements of 45CFR, Part 1321, and 45CFR, Part 92, or state eligibility requirements as specified in policy. 13. Indemnity. The County agrees to indemnify and save harmless the Area Agency, its agents, and employees from and against and all loss, cost, damages, expenses, and liability arising out of performance under this Agreement to the extent of errors or omissions of the County. 14. Equal Employment Opportunity and Americans With Disabilities Act Compliance. Both the County and community service providers, as identified in paragraph one (1), shall comply with all federal and state laws relating to equal employment opportunity and accommodation for disability. 15. Data to be Furnished to the County. All information which is existing, readily available to the Area Agency without cost and reasonably necessary, as determined by the Area Agency's staff, for the performance of this Agreement by the County shall be furnished to the County and community service providers without charge by the Area Agency. The Area Agency, its agents and employees, shall fully cooperate, with the County in the performance of the County's duties under this Agreement. 16. Rights in Documents, Materials and Data Produced. The County and community service providers agree that at the discretion of the Area Agency, all reports and other data prepared by or for it under the terms of this Agreement shall be delivered to, become and remain, the property of the Area Agency upon termination or completion of the work. Both the Area 7 DOA-735 (revised 6/09) Agency and the County shall have the right to use same without restriction or limitation and without compensation to the other. For the purposes of this Agreement, "data" includes writings, sound recordings, or other graphic representations, and works of similar nature. No reports or other documents produced in whole or in part under this Agreement shall be the subject of an application for copyright by or on behalf of the County. 17. Interest of the Board of Commissioners. The Board of Commissioners covenants that neither the Board of Commissioners nor its agents or employees presently has an interest, nor shall acquire an interest, direct or indirect, which conflicts in any manner or degree with the performance of its service hereunder, or which would prevent, or tend to prevent, the satisfactory performance of the service hereunder in an impartial and unbiased manner. 18. Interest of Members of the Area Agency, Lead Regional Organization, and Others. No officer, member or employee of the Area Agency or Lead Regional Organization, and no public official of any local government which is affected in any way by the Project, who exercises any function or responsibilities in the review or approval of the Project or any component part thereof, shall participate in any decisions relating to this Agreement which affects his personal interest or the interest of any corporation, partnership or association in which he is, directly or indirectly, interested; nor shall any such persons have any interest, direct or indirect, in this Agreement or the proceeds arising therefrom. 19. Officials not to Benefit. No member of or delegate to the Congress of the United States of America, resident Commissioner or employee of the United States Government, shall be entitled to any share or part of this Agreement or any benefits to arise herefrom. 20. Prohibition Against Use of Funds to Influence Legislation. No part of any funds under this Agreement shall be used to pay the salary or expenses of any employee or agent acting on behalf of the County to engage in any activity designed to influence legislation or appropriations pending before Congress. 8