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FY17 SRC COG Title III-D Health grant contractORIGINAL CONTRACT SF16 117 CAPE FEAR COUNCIL OF GOVERNMENTS GRANT AGREEMENT FOR TITLE III -D HEALTH PROMOTION/DISEASE PREVENTION EVIDENCE BASED HEALTH PROMOTION I. PARTIES TO THE CONTRACT This agreement is made and entered into this 17'h day of February 2017 between the Cape Fear Council of Governments, hereinafter referred to as the "Council of Governments," and New Hanover County Senior Resource Center hereinafter referred to as the "Grantee." II. EFFECTIVE PERIOD OF CONTRACT This contract shall be effective July 1, 2016 and shall terminate on June 30, 2017. III. GENERAL PROVISIONS Subject to the terms and conditions hereinafter set forth, the Council of Governments agrees to grant Title III -D Health Promotion/Disease Prevention funds per the NC Division of Aging and Adult Services intrastate funding formula to the Grantee for the purpose of providing Evidence Based Health Promotion activities for senior adults described herein and in accordance with the NC Division of Aging and Adult Services Title III -D Aging Service Standards as well as Title III -D Health Promotion and Disease Prevention Revision: Administrative Letter No. DAAS -12- 05, dated April 24, 2012. The terms set forth in this agreement for payment are contingent upon availability of funding. IV. GRANT AMOUNT The total payment under this contract shall not exceed $10,176.00 for disease prevention and health promotion. The Grantee is accountable for insuring the local cash matching requirement for $1,131.00 is provided V. DOCUMENTATION OF EXPENSES The Grantee shall maintain full and complete documentation of all expenses associated with performing Title III -D 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. VI. COMPENSATION AND PAYMENTS TO GRANTEE 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 fifth working day of the month in order to be considered for payment at the end of that month. Final invoices must be at the Council of Governments offices no later than 5 p.m. on June 30, 2017. Any invoices received after that time will not be considered for payment. Payment of funds will be based upon the Aging Resources Management System (ARMS) Provider Reimbursement Report (ZGA370 -7). The Council of Governments will forward payment of the approved budget expenditure at the end of each month. VII. REALLOCATION OF GRANT FUNDS 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. VIII. AMENDMENTS AND REPROGRAMMING OF FUNDS 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. IX. MONITORING, AUDITING, AND REPORTING 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, 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 Uniform Guidance CFR 2 Part 200, 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 Uniform Guidance 2 CFR Part 200, 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 is 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 httys:// www. ncgrants. gov/ NCGrants /PublicRet)ortsRegulations.im The following provides a summary of reporting requirements under NCGS 143C -6 -22 and 23 and OMB Uniform Guidance 2 CFR Part 200 based upon funding received and expended during the service provider's fiscal year. Annual Expenditures Report Required to AAA Allowable Cost 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 Funds or Schedule of Receipts and Expendi- $750,000 in Federal tures Funds OR Audited Financial Statements in Compliance with GAO /GAS (i.e. Yellow Book) • $500,000 + in State funds Audited Financial Statement in May use State funds, but but Federal pass through compliance with GAO /GAS (i.e. not Federal Funds in an amount less than Yellow Book) $750,000 • $500,000+ in State funds Audited Financial Statement in May use State and Federal and $750,000+ in Federal compliance with OMB Uniform funds pass through funds Guidance 2 CFR Part 200 (i.e. Single Audit) • Less than $500,000 in State Audited Financial Statement in May use Federal funds, funds and $750,000+ in compliance with OMB Uniform but not State funds. Federal pass through funds Guidance 2 CFR Part (i.e. Single Audit) 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. To ensure adequate review and evaluation of the work and proper coordination among interested parties, the Council of Governments shall be kept fully informed concerning the progress of the work and services to be performed. Grantee agrees to submit to the Council of Governments, Area Agency on Aging, each quarter, a list of those EBHP required programs that have been provided and what outreach activities (for example: media efforts) have been expended in order to increase capacity to serve the county with EBHP. Council of Governments staff will conduct on -site assessments and may also make unannounced visits for the purpose of evaluating the Grantee's work. X. COMPLIANCE WITH TITLE VI & VIII OF CIVIL RIGHTS ACT, SECTION 504 OF THE REHABILITATION ACT, AND AMERICANS WITH DISABILITIES ACT 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. XI. CONFLICT OF INTEREST The Grantee expressly states that he presently has not 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. XII. CONFIDENTIALITY 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. XIII. INDEMNITY 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 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. XIV. ATTENDANCE AT REGION O AREA AGENCY ON AGING MEETINGS The Grantee, upon request of the AAA Administrator/Designee, will make efforts to attend any committee or special meeting relating to the project. XV. TERMINATION OF AGREEMENT FOR CAUSE 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 beat 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. CAPE FEAR COUNCIL OF GOVERNMENTS: Executive Director Date Area Agency on Aging Administrator Date THIS INSTRUMENT HAS BEEN PREAUDITED IN THE MANNER REQUIRED BY THE LOCAL GOVERNMENT BUDGET AND FISCAL CONTROL ACT. Finance Officer Date ?I7:�►`il��S IVeu.1 t\oJer COLj(\�4 Name of Organization By: 7 Arized Lead Agency Official MDe �\ M ,icr at By: Authorized Official Date (County or Organization Providing Matching Funds) l..t'--k Ki"'kr' 4 aFicti" Grantee: SSAN and/or Federal Tax ID No.