FY15 HCCBG award contractSeptember 15, 2014
Chris Coudriet
New Hanover County
230 Government Center Drive, Suite 195
Wilmington, NC 28403-1732
Dear Mr. Coudriet:
I have enclosed your county's fully-executed, original HCCBG contract (DOA-735)
for the provision of county-based aging services for Fiscal Year 2015.
I would like to extend our thanks, on behalf of the Cape Fear Council of Governments
and the North Carolina Division of Aging and Adult Services, for your county's
support of services delivered through New Hanover County Senior Resource Center
to the older adults of New Hanover County.
Sincerely,
Pl% -
0! LettAy 6q&wovn(--
Ginny Brinson, Aging Program Specialist
Cape Fear Council of Governments — Area Agency on Aging
Enclosure
cc: Jane Jones
AJ McClure
Brenda Brow
Sensing Brunswick, Columbus, New Hanover and Pender Counties
1480 Harbour Drive • Wilmington, NC 28401 • (910) 395-4553 • (8W) 218-6575 • Fax: (910) 395-2684
www.capeleareog.org
An Equal Opportunir.,/mffirmotK,,;,,cfion/wD.fk Emplc7er/Program
ik
July 1, 2014 Through June 30, 2015
111111111111111111 !
DOA-735
(revised 2/14)
Paragraph 8; Monitoring
(revised 6/13)
• * RIT MITTIRT" "M oetween He Counlry ot 11% ew
Hanove (hereinafter referred to as the "County") and the Cape Fear Area Ag�cy on A
(hereinafter referred • as the "Area Agency").
Witnesseth That:
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• provided in the Area Plan, community service providers specified by the County to
encourage maximum collocation and coordination of services for older persons are as follows:
New Hanover Senior Resources, Inc.
Elderhaus, Inc
Interim HealthCare of the Eastern Carolinas,
L(a) The Community Service Provider(s), shall • those specified in the County Funding Plan on th;
Provider Services Summ format(s) (DOA-732) for the period ending June 30 for the year
stated above.
DOA -735
(revised 2/14)
Paragraph S; Monitoring
(revised 6/13)
2. AN ailabil ty of Funds. The terms set forth in this Agreement for payment are contingent upon
the receipt of Home and Community Care Block Grant funding by the Area Agency.
3. Grant Administration. The grant administrator for the Area Agency shall be Chris MU,
Executive Director (title). The grant administrator for the County shall be Teresa Hewett, New
Hanover County Grants and Projects Analyst (title).
It is understood and agreed that the grant administrator for the County shall represent the
County in the performance of this Agreement. The County shall notify the Area Agency in
writing if the administrator changes during the grant period. Specific responsibilities of the
grant administrator for the County are provided in paragraph seven (7) of this Agreement.
4. Services authorized through the County Funding Plan, as specified on the Provider Services
Summary format(s) (DOA -732) are to commence no later than July 1 of the state fiscal year and
shall be undertaken and pursued in such sequence as to assure their expeditious completion.
All services required hereunder shall be completed on or before the end of the Agreement
period, June 30 of the state fiscal year.
5. Assignability and Contracting. The County shall not assign all or any portion of its interest in
this Agreement. Any purchase of services with Home and Community Care Block Grant for
Older Adults funding shall be carried out in accordance with the procurement and contracting
policy of the community services provider or, where applicable, the Area Agency, which does
not conflict with procurement and contracting requirements contained in 45 CFR 92.36.
Federal funds shall not be awarded to any subreceipients who have been suspended or debarred
by the Federal government. In addition, Federal funds may not be used to purchase goods or
services costing over $100,000 from a vendor that has been suspended or debarred from Federal
grant programs.
6. Compensation and Payments to the County. The County shall be compensated for the work and
services actually performed under this Agreement by payments to be made monthly by the Area
Agency. Total reimbursement to the community service providers under this Agreement may
not exceed the grand total of Block Grant fiinding, as specified on the Provider Services
Summary format (DOA -732).
(a) Interim Payments to the Counts
Upon receipt of a written request from the County, the Division of Aging and Adult
Services, through the Area Agency, will provide the County Finance Officer with an
interim payment equivalent to seventy percent (70 %) of one - twelfth (1 /12) of the
County's Home and Community Care Block Grant allocation by the 22nd of each
month.
2
DOA -735
(revised 2114)
Paragraph 8; Monitoring
(revised 6/13)
(b) Reimbursement of Service Costs
Reimbursement of service costs are carried out as provided in Section 3 of 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.
C) Role of the County Finance Director
The County Finance Director shall be responsible for disbursing Home and Community
Care Block Grant Funding to Community Sen•ice Providers in accordance with
procedures specified in the N.C. Division of Aging and Adult Services Home and
Community Care Block Grant Manual for Community Service Providers, revised
February 17, 1997.
(d) Payment of Administration on Aging Nutrition Services Incentive Program SIP)
Subsidy
NSIP subsidy for congregate and home delivered meals will be disbursed by the
Division of Aging through the Area Agency to the County- on a monthly basis, subject to
the availability of funds as specified in Section 3 of the N.C. Division of Aging and
Adult Services Home and Community Care Block Grant Procedures Manual for
Community Services Providers, revised February 17, 1997.
If through the US Department of Agriculture Area Agency on Aging Elections Project,
the County elects to receive a portion of its USDA entitlement in the form of surplus
commodity foods in lieu of cash, the Area Agency will notify the County in writing of
its community valuation upon notification from the Division of Aging and Adult
Services. The delivery of commodity and bonus foods is subject to availability. The
County will not receive cash entitlement in lieu of commodities that are unavailable or
undelivered during the Agreement period.
7. Reallocation of Funds and Budget Revisions. Any reallocation of Block Grant funding between
counties shall be voluntary- on the part of the County and shall be effective only for the period
of the Agreement. The reallocation of Block Grant funds between counties will not affect the
allocation of future funding to the County. If during the performance period of the Agreement,
the Area Agency determines that a portion of the Block Grant will not be expended, the grant
administrator for the County shall be notified in writing by the Area Agency and given the
opportunity to make funds available for reallocation to other counties in the Planning and
Service Area or elsewhere in the state.
DOA -735
(revised 2114)
Paragraph 8; Monitoring
(revised 6/13)
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.
Monitoring. This Agreement will be monitored to assure that services are being provided as
stated in the Division of Aging and Adult Service monitoring Policies and Procedures at
htti)://www.nedhhs.gov/aizing/monitoL/mpolip3-.htm
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 as specified in Administrative
Letter 12 -08 located at htW: / /ncdhhs.go- .,/aging /admltrs /2012 /DAAS- 12- 08.pdf . As of July 1,
2012, DAAS Program Compliance Representatives (PCRs) are no longer monitoring HCCBG
services provided through county departments of social services.
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 (711103 and revised 10 /1 /09). 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
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
4
DOA -735
(revised 2114)
Paragraph 8; Monitoring
(revised 6/13)
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
1. 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.
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
5
DOA -735
(revised 2114)
Paragraph 8; Monitoring
(revised 6/13)
fiscal year. Information on audit and fiscal reporting requirements can be found at
hnps: / /ww-w.ncgrants. aov/ NCGrants /PublieReportsRegulations.Lsp.
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 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 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)
$500,000
• $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)
• 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.
C
DOA -735
(reN ised 2114)
Paragraph 8; Monitoring
(revised 6113)
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 serv=ice
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 an)
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 he 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 2114)
Paragraph 8; Monitoring
(revised 6113)
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 there from.
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 here from.
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.
DOA -735
(revised 2/14)
Paragraph 8; Monitoring
(revised 6/13)
21. Applicable Law. This Agreement is executed and is to be performed in the State of North
Carolina, and all questions of interpretation and construction shall be construed by the laws of
such State.
In witness whereof, the Area Agency and the County have executed this
day first written above.
co
-/'—,J� 14a-nnyaw-
Attest:
a, By:
ad jya:4
Attest:
Chairman, Board of
Area Ascncy
.... ._._......_..... ..._...... .�
By:_
aea _A nc y ector Executive cor, . Lead Regional Org
zation
Provision for payment of the monies to fall due under this Agreement '%ithin the current fiscal year
have been made by appropriation duly authorized as required by the Local Government Budget and
Fiscal Control Act.
raw
OFFICER, Lead
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