Agenda Item   

AGENDA STAFF REPORT

 

                                                                                                                        ASR Control  24-000326

 

MEETING DATE:

06/04/24

legal entity taking action:

Board of Supervisors

board of supervisors district(s):

All Districts

SUBMITTING Agency/Department:

OC Community Resources   (Approved)

Department contact person(s):

Dylan Wright (714) 480-2788 

 

 

Renee Ramirez (714) 480-6483

 

 

Subject:  Approve California Department of Aging Memorandum of Understanding and Funding

 

      ceo CONCUR

County Counsel Review

Clerk of the Board

          Concur

Approved Agreement(s) and Resolution(s)

Discussion

 

 

3 Votes Board Majority

 

 

 

    Budgeted: N/A

Current Year Cost:   N/A

Annual Cost: N/A

 

 

 

    Staffing Impact:

No

# of Positions:            

Sole Source:   N/A

    Current Fiscal Year Revenue: N/A

   Funding Source:     FED: 72% (Older Americans Act), State: 28% (Older Californians Act)

County Audit in last 3 years: No

   Levine Act Review Completed: N/A

 

    Prior Board Action:         N/A

 

RECOMMENDED ACTION(S):

 

 

1.

Adopt the resolution as approved by the County Counsel to:

 

 

a.

Approve the Memorandum of Understanding AAA-2425-22 with the California Department of Aging for the coordination of Older American Act Services for the term July 1, 2024, through June 30, 2029, Contractor Certification Clauses, Information Integrity and Security Statement, and California Civil Rights Laws Certification, and Older Americans Act and Older Californians Act Program Guide dated April 10, 2024;

 

 

b.

Authorize the OC Community Resources Director or designee to execute Memorandum of Understanding AAA-2425-22 with the California Department of Aging for the coordination of Older American Act Services for the term July 1, 2024, through June 30, 2029, Contractor Certification Clauses, Information Integrity and Security Statement, and California Civil Rights Laws Certification;

 

 

c.

Authorize the OC Community Resources Director or designee to execute future amendments and/or any additional administrative or ministerial documents required by the California Department of Aging related to Memorandum of Understanding AAA-2425-22; and

 

 

d.

Authorize the OC Community Resources Director or designee to approve and/or execute all amendments to the Older Americans Act and Older Californians Act Program Guide dated April 10, 2024, required by the California Department of Aging for the term July 1, 2024, through June 30, 2029.

 

2.

Accept grant award in the amount of $17,781,064 for Area Plan Programs for the term July 1, 2024, through June 30, 2025.

 

3.

Accept grant award in the amount of $872,684 for Title V Senior Community Services Employment Program for the term July 1, 2024, through June 30, 2025.

 

 

 

SUMMARY:

 

Approval of the Memorandum of Understanding and Older Americans Act and Older Californians Act Program Guide with the California Department of Aging and acceptance of Area Plan and Title V Senior Community Services Employment Program FY 2024-25 funding will ensure the continued provision of Older Americans Act and Older Californians Act programs, serving older adults 60 years or older, caregivers and persons with disabilities in Orange County.

 

 

BACKGROUND INFORMATION:

 

As an Area Agency on Aging (AAA), OC Community Resources/Office on Aging (OCCR/OoA) receives funding from the California Department of Aging (CDA) to provide services to older adults, caregivers and persons with disabilities in Orange County.

 

CDA previously required an executed State Standard Agreement (SSA) between CDA and OCCR/OoA to receive program funding. The California Budget Act of 2023 (Assembly Bill 102) included language that allows for “annual local assistance by direct allocation to an Area Agency on Aging to support older adult programs. Direct allocations will be provided via Memoranda of Understanding and supplemental agreements, wherever necessary, between the CDA and the Area Agency on Aging.” See Attachment A for Assembly Bill 102, Section 127. With this authority, CDA is now requiring a five-year Memorandum of Understanding (MOU) with AAAs, effective July 1, 2024, to continue receiving funding to provide Older American Act (OAA) and Older Californians Act (OCA) services. The MOU describes the AAA’s obligations to perform work and services related to the OAA programs according to the requirements of the MOU and a new Older Americans Act and Older Californians Act Program Guide dated April 10, 2024 (Program Guide) described below.

 

While no funding is directly tied to it, the MOU allows CDA to directly allocate funding received by CDA through the OAA and OCA to the AAAs without the need to execute annual contracts or amendments. The programs impacted by this MOU are Area Plan (AP), Health Insurance Counseling and Advocacy Program (HICAP), Medicare Improvements for Patients and Providers Act (MIPPA) and Title V Senior Community Services Employment Program (TV SCSEP).

 

The MOU is accompanied by the Program Guide, which defines the responsibilities for providing OAA and OCA assistance and/or related support services and may be unilaterally updated by CDA. The MOU references the Program Guide and obligates OCCR/OoA to perform the obligations described therein. CDA will update the Program Guide on an annual basis and/or whenever there is an update to federal and/or state laws, regulations, policies and/or directives that impact guidance provided within the Program Guide. CDA provided a Summary of Changes to compare the existing SSAs and the MOU and Program Guide. See Attachment B for the Summary of Changes. CDA requires certain terms and conditions to be included in OCCR/OoA’s provider contracts, as described in the MOU and Program Guide. OCCR/OoA will revise its contracts with providers at the beginning of the fiscal year to include these new terms. Providers will have an opportunity to review the scope of services prior to execution of their contract amendments.

 

Additionally, OCCR/OoA is requesting acceptance of FY 2024-25 AP and TV SCSEP program funding grant awards to support adult day care, case management, in-home services, legal assistance, nutrition services, transportation, family caregiver support services, ombudsman program services, elder abuse prevention and senior employment services. OCCR/OoA offers Information & Assistance and health promotion as direct services; all other services are provided by contracted service providers pursuant to the Request for Proposal process.

 

Annual and one-time-only program funding allocations will be released by CDA through Program Memos and will require OCCR/OoA to perform according to the requirements in the MOU and Program Guide. OCCR/OoA will present all future CDA funding allocations governed by the MOU and Program Guide (AP, HICAP, MIPPA, and TV SCSEP) to the Board of Supervisors (Board) through the County Grants Report. The HICAP and MIPPA programs have different funding periods than AP and TV SCSEP, and are therefore not included in this Agenda Staff Report (ASR).

 

This MOU contains non-standard insurance and indemnification provisions required by the State. Specifically, County and its subcontractors are required to provide a minimum level of insurance. Non-standard provisions have been reviewed and approved by Risk Management. See Attachment C for the Risk Assessment or Modification of Insurance Terms Form.

 

This ASR is being submitted to the Board less than 30 days prior to the start of the MOU due to OCCR/OoA receiving the final MOU from CDA in late April. This item has been placed on the next available Board meeting agenda after necessary review by staff and County Counsel.

 

FINANCIAL IMPACT:

 

Revenue for this Agreement will be included in Budget Control 012 FY 2024-25 Budget.

 

 

STAFFING IMPACT:

 

N/A

 

ATTACHMENT(S):

 

Attachment A - Assembly Bill 102, Section 127
Attachment B - MOU/Program Guide Summary of Changes
Attachment C - Risk Assessment or Modification of Insurance Terms Form
Attachment D - Resolution
Attachment E - Memorandum of Understanding AAA-2425-22 between California Department of Aging and County of Orange Office on Aging
Attachment F - Contractor Certification Clauses, Information Integrity and Security Statement, and California Civil Rights Laws Certification
Attachment G - Older Americans Act and Older Californians Act Program Guide dated April 10, 2024
Attachment H - Area Plan and Title V Senior Community Services Employment Program Budget Displays