HomeMy WebLinkAboutFY17 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
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Name of Organization
By: 7
Arized Lead Agency Official
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By:
Authorized Official Date
(County or Organization Providing Matching Funds)
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Grantee: SSAN and/or Federal Tax ID No.