COG Senior Center General Purpose grant contract FY14ORIGINAL CONTRACT
! FEAR GOVERNMENTS
GRANT r,
SENIOR CENTER GENERAL PURPOSE
FY 2014
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This agreement is made and entered into this 24th day of October, 2013 between the Cape Fear
Council of Governments, hereinafter referred to as the "Council of Governments," and New
Hanover Senior Resource Center hereinafter referred to as the "Grantee."
This contract shall be effective and shall terminate on June 30, 2014.
Subject to the terms and conditions hereinafter set forth, the Council of Governments agrees to
grant Senior Center General Purpose funds per the NC Division of Aging and Adult Services
authorized through Senate Bill 1366, Section 12.18A on a recurring basis. Funding may be used
to support and develop programming and general operations or to construct, renovate, or
maintain senior center facilities. The terms set forth in this agreement for payment are
contingent v' li of
The total payment under this contract shall not exceed $11,680. The attached funding budget
form outlines c senior center within the county and their allocation. The Grantee is
accountable for insuring the local cash matching requirement is provided. A 7328 Budget
Revision must be completed and signed by county officials to show increase in funding.
V. DOCUMENTATION OF EXPENSES
The Grantee shall maintain full and complete documentation of all expenses associated with
performing Senior Center General Purpose activities. Documentation in the form of paid
invoices and canceled checks shall be submitted to the Council of Governments at the time of the
reimbursement request. Grantee shall maintain all financial and program records for a period of
three (3) years from the date of final payment under this agreement.
COMPENSATION
The Grantee shall be compensated for the services and/or activities actually performed under this
contract by a line item accounting showing how these grant funds were expended. Payments will
be made monthly upon request for reimbursement by Grantee. Reimbursement requests, along
with paid invoices, must be submitted to the Council of Governments no later than the fola
working day of the month in order to be considered for payment at the end of that month.
Final invoices must beat the Council of Governments offices no later than 5 p.m. on June 30,
2014. Any invoices received after that time will not be considered for payment.
Payment of funds will be based upon the Management Information System (MIS) Provider
Reimbursement Report. The Council of Governments will forward payment of the approved
budget expenditure at the end of each month.
It is understood and agreed, that in the event that the Grantee's rate of progress on this contract
is leading to underutilization of the funds allocated, and if the Grantee cannot demonstrate how
funds will be fully utilized during the contract period, then, upon notice to the Grantee, the
Council may decrease the total compensation to be paid hereunder in order to reallocate funds to
other Grantees.
This contract may be modified by written amendment at any time. It is understood and agreed
that, in the event that the amount of funds received from the NC Division of Aging and Adult
Services is reduced or increased from the amount(s) quoted, the Council of Governments may, in
turn, decrease or increase the total compensation and reimbursement to be paid. Such changes,
including any increase or decrease in the amount of the Grantee's compensation shall be
incorporated in written amendments to this contract and signed by both parties.
The Grantee 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 must provide a copy of their year -end financial statements,
and any required audit, to the Area Agency on Aging. Community service providers, as
specified in paragraph one (1) are subject to audit and fiscal reporting requirements as
stated in NC General Statute 143 -6.2 and OMB Circular a -133, where applicable. 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 143 -6.2 and Yellow Book
audit requirements, where applicable. 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 hgp: l/ www.ncauditor.net/nonproftsite,
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The following provides a summary of reporting requirements under NCGS 143 -6.2 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 NIA
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
and less that $500,000 Grantee Receipts >$25,000 and
in State or Federal Funds Schedule of Receipts and Expendi-
tures
$500,00+ in State funds
but
and Federal pass through
in an amount less than
$500,00
$500,000+ in State funds
Federal
and $500,000+ in Federal
pass through funds (i.e.
at least $1,000,000)
Less than $500,000 in State
funds,
funds and $500,000+ in
Federal pass through funds
OR
Audited Financial Statements in
compliance with GAO /GAS (i.e.
Yellow Book)
Audited Financial Statement in
compliance with GAO /GAS (i.e.
Yellow Book)
Audited Financial Statement in
compliance with OMB Circular
A -133 (i.c. Single Audit)
Audited Financial Statement in
compliance with OMB Circular
A -133 (i.e. Single Audit)
NIA
May use State fluids,
not Federal Funds
May use State and
funds
May use Federal
but not State funds.
Representatives of the Council of Governments and the NC Division of Aging and Adult
Services may at any reasonable times review and inspect the service activities and data collected
pursuant to this Agreement. All reports and computations prepared by or for the Grantee shall be
made available to authorized representatives of the Council of Governments, and the NC
Division of Aging and Adult Services for inspection and review at any reasonable time in the
Grantee's office. Approval and acceptance of such material shall not relieve the Grantee of its
professional obligation to discover and correct, at its expense, any errors found in the work.
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
Grantee 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 Grantee 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.
Lila V Not I no !1A 31 IN I M V V-111 0 11F.1110 " 14Y.111MMAIIA 11 RMTH I N N N I ,
The Grantee shall comply with Title VI and VIII of the Civil Rights Act of 1964, Section 504 of
the Rehabilitation Act of 1973, and the Americans with Disabilities Act of 1990 (ADA) and all
requirements imposed by Federal regulations, rules and guidelines issued pursuant to these Titles
and the ADA for both personnel employed and clients served.
The Grantee expressly states that presently he has no interest and shall not acquire any interest,
direct or indirect, which would conflict in any manner or degree with the performance of services
required to be performed under this contract. The Grantee shall not employ any person having
such interest during the performance of this contract. The Grantee further agrees to notify the
AAA in writing of any instance that might have the appearance of a conflict of interest. See
Attachment A for signature.
Any reports, recipient information, data, or other materials given to or prepared or assembled by
the Grantee under this Agreement which the Council of Governments requests to be kept
confidential shall not be made available to any individual or organization by the Grantee without
prior written approval of the Council of Governments.
Grantee shall indemnify and hold the Cape Fear Council of Governments, its agents and
employees, harmless against any and all claims, demands, causes of action, or other liability,
including attorney fees, on account of personal injuries or death or an account of property
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damages arising out of or relating to the work to be performed by the Grantee hereunder,
resulting from the negligence of or the willful act of omission of the Grantee, his agents,
employees, and subcontractors.
The Grantee, upon request of the AAA Administrator /Designee, will make efforts to attend any
committee or special meeting relating to the project.
If through any cause, the Grantee shall fail to fulfill in timely and proper manner its obligations
under this Agreement or if the Grantee shall violate any of the covenant, agreements or
stipulations of this Agreement, the Council of Governments shall thereupon have the right to
terminate this Agreement by giving written notice to the Grantee of such termination and
specifying the effective date thereof. The date of notice shall be at least fifteen (15) days before
the effective date of such termination.
The Grantee shall have the right to terminate this Agreement by giving the Council of
Governments written notice of such termination at least 15 days prior to the effective date of the
termination. In such event, all finished documents and other materials collected or produced
under this Agreement shall, at the option of the Council of Governments, become its property.
The Grantee shall be entitled to receive just and equitable compensation for any work
satisfactorily performed under this Agreement.
IN WITNESS THEREOF, THE COUNCIL OF GOVERNMENTS AND THE GRANTEE
HAVE EXECUTED THIS AGREEMENT AS OF THE DATE FIRST WRITTEN
ABOVE.
Executive Director
e� Agency on ;Aging Administrator Date
fi
di //3 Date
PRE-AUDIT CERTIFICATION STAMP:
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New Hanover County Senior Resource_ Center
Name of Organization
By:
By:
Lead Agency Official
LI
Date
Authorized Official Date
(County or Organization Providing Matching Funds)
C
Attachment A
CONFLICT OF INTEREST POLICY
In accordance with G.S. 143 -6.1 and related legislation, we, the undersigned entity, have
adopted the following policy regarding conflicts of interest:
The undersigned entity is aware that in the process of fund allocation by its
management, employees, members of the board of directors or other governing
body, instances may arise which have the appearance of a conflict of interest or
appearance of impropriety.
In order to avoid conflicts of interest or the appearance of impropriety, should
instances arise where a conflict may be perceived, any individual who may
benefit, directly or indirectly, from the entity's disbursement of funds shall abstain
from participating in any decisions or deliberation by the entity regarding the
disbursement of funds.
The undersigned entity recognizes the possibility that it may be the recipient of
funds which are allocated consistent with the purpose and goals of its programs.
If such allocations are made, the undersigned entity will strive to ensure that funds
are expended in such a manner that no individual will benefit, directly or
indirectly, from the expenditure of such funds in a manner inconsistent with its
programs.
Sworn to and subscribed before me,
This the ` %%J111111111'. � P,14 i
do
Notary Publie -v
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My Commission expires: i w= ,.
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