FY21 HCCBG award fully executedArea
dapy4*
On
Cape Fear Countil of Gonmnents
December 3. 2020
Teresa Hewett
New Hanover County Finance Department
230 Govemment Center Drive. Suite 165
Wilmington, NC 28403
Dear Ms. Hewett
I have enclosed your county's fully-executed, original HCCBG contract (DOA-735)
for the provision of county-based aging services for Fiscal Year 202012021.
t would like to extend our thanks, on behalfofthe Cape Fear Council of Govemments
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,
Ginny Brinson, Aging Program Specialist
Cape Fear Council of Govemments - Area Agency on Aging
Enclosure
cc: Chris Coudriet - letter only
Amber Smith - letter only
Holly Pilson letter only
Serving Brunsu/ick Co/umbus, Nel.l,t Hond/er ond Pender Counrles
l48O Hqlbour Ddve . Wlmington. NC 26401 ' (910) 395-4553 ' Fq: (9.l0) 395-26E4
www.coPeleorcog.olg
An Equol Oppofihiv/Amrnofive ActiorVADA Emdoyee/Progom
'/T\
DAAS-735
(updated 6/20)
July 1,2020 through June 30,2021
Home and Community Care Block Grant for Older Adults
Agreement for the Provision of County-Based Aging Services
This Agreement, entered into as ofthis 4s day ofNovember, 2020, by and between the County ofNew
Hanover (hereinafter refened to as the "County") and the Cape Fear Council of Govemments, Lead
Regional Organization for the Area Agency on Aging, (hereinafter referred to as the "Area Agency").
Witnesseth That:
WHEREAS, the Area Agency and the County agree to the terms and conditions for provision of aging
services in connection with activities financed in part by Older Americans Act grant funds, provided to
the Area Agency from the United States Department of Health and Human Services through the North
Carolina Division of Aging and Adult Services (DAAS) and state appropriations made available to the
Area Agency through the North Carolina Division of Aging and Adult Services, as set forth in a) this
document, b) the County Funding Plan, as reviewed by the Area Agency and the Division of Aging
and Adult Services, c) the Division of Aging and Adult Services Home and Community Care Block
Grant Procedures Manual for Community Service Providers, d) the Division of Aging and Adult
Services Service Standards Manual, Volumes I through IV, and, e) the Division of Aging and Adult
Services Community Service Providers Monitoring Guidelines.
NOW THEREFORE, in consideration of these premises, and mutual covenants and agreements
hereinafter contained, the parties hereto agree as follows:
As 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 Countv Senior Resource Center
BAYADA Home Health, Inc.
Elderhaus. Inc.
1(a) The Community Service Provider(s) shall be those specified in the County Funding Plan on the
Provider Services Summarv format(s) (DAAS-732) for the period ending June 30 for the year
stated above.
2. Availability 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.
1
I
4
3. Grant Administration. The grant administrator for the Area Agency shall be Allen Serkin,
Executive Director, Cape Fear Council of Govemments. The grant administrator for the County
shall be Teresa Hewett, New Hanover Coun8 Grants and Proiects Analyst.
It is understood and agreed that the grant administrator for the County shall represent the
County in the performance ofthis Agteement. The County shall notifr the Area Agency in
writing ifthe administrator changes during the grant period. Specific responsibilities of the
grant administrator for the County are provided in paragraph seven (7) of this Agreement.
Services authorized through the County Ftrnding Plarl as specified on the Provider Services
Summary format(s) (DAAS-732), are to commence no later than July I 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.
Assignability and Contractine. 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 ofthe community services provider or, where applicable, the Area Agency, which does
not conllict with procurement and contracting requirements contained in 45 CFR Part 75,
Subpart D-Post Federal Award Requirements, Procurement Standards. Federal funds shall not
be awarded to any subreceipients who have been suspended or debarred by the Federal
government. In addition, Federal firnds 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,
Comoensation and Pavments to the Countv. 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 Agteement
may not exceed the grand total of Block Grant firnding, as specified on the Provider Services
Summarv format (DAAS-73 2).
(a) Interim Payments to the County
Upon receipt ofa 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 (70o%) of one-twelfth ( l/12) ofthe
County's Home and Community Care Block Grant allocation by the 22nd of each
month.
5
6
2
DAAS.735
(updated 6/20)
DAAS.735
(updated 6/20)
(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)Ro le of the Coun Finance Director
The County Finance Director shall be responsible for disbursing Home and Community
Care Block Grant Funding to Community Service 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 l7, 1997 .
(d)Payment of Administration on Asine Nutrition Services Inc entive Proeram (NSIP)
7
Subsidy
NSIP subsidy for congregate and home delivered meals will be disbursed by the
Division of Aging and Adult Services through the Area Agency to the County on a
monthly basis, subject to the availability offunds 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 notifo 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.
Reallocation of Funds and Budeet Revisions. Any reallocation of Block Grant frrnding
between counties shall be voluntary on the part of the County and shall be effective only for the
period ofthe Agreement. The reallocation ofBlock 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 cormty shall be notified in writing by the Area
Agency and given the opportunity to make frrnds available for reallocation-io other counties in
the Planning and Service Area or elsewhere in the state.
The county may authorize con*unity service providers to implement budget revisions which
do not cause the county to fall below minimum budgeting requirements roiu"...., i*Lo.",
congregate, and home delivered meals services, as specifred in Division of Aging *J aaJt
3
8
DAAS.735
(updated 6/20)
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 assue that
regional minimum budgeting requirements for the aforementioned services will be met.
gr1.ss g6mmrrnity 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 and Adult Services 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,
\997.
Monitorine. 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
http://www.ncdhhs. govlaging/monitor/mpolicv.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. As of July l, 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 htt //www.ncdhhs 1n /monitor/m olic htn.r Aly areas of non-compliance
will be addressed in a written corrective action plan with the community service provider.
9. Disputes and ADDeals. Any dispute conceming 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 fumished
to the designated grants administrator for the County.
The decision ofthe LRO is final rurless within twenty (20) days ofreceipt ofsuch decision the
Chairman of the Board of Commissioners fumishes 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
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:
ovla
4
10
11
DAAS-735
(updated 6/20)
Director
No(h Carolina Division of Aging and Adult Services
693 Palmer Drive
2101 Mail Service Center
Raleigh, North Carolina 27 699-2101
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. [n such even! 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.
Audit. The County agees 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) Uniform Guidance 2 CFR Part 200.
Community service providers, as specified in paragraph one (l), who are not units oflocal
government or otherwise subject to the audit and other reporting requirements of the Local
Govemment Commission are subject to audit and fiscal reporting requirements, as stated in NC
ceneral Statute l43C-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 frrnds 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 firnds. 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
fi scal reporting requirem ents can be found at httDs:,/iu us.osbnr.nc gO\ lnallilqClnellti gl illll '.
The following provides a summary of reporting requirements under NCGS l43C-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.
)
DAAS-735
(updated 6/20)
a
a
Less than $25,000 in
State or Federal funds
Greater than $25,000
and less that $500,000
in State Funds or
$750,000 in Federal
Funds
$500,000 + in State funds
but Federal pass through
in an amount less than
$750,000
Certification form and State
Grants Compliance Re-
porting <$25,000 (item # I 1,
Activities and Accompli shments
does not have to be completed)
OR
Audiled Financial Statements in
Compliance with GAO/GAS
(i.e. Yellow Book)
Certification form and Schedule of
Grantee Receipts >$25,000 and
Schedule of Receipts and Expendi
tures
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)
Annual Exoenditures Report Required to AAA Allowable Cost for Reporting
N/A
N/A
May use State funds, but
not Federal Funds
May use State and Federal
funds
May use Federal funds,
but not State funds.
$500,000+ in State funds
and $750,000+ in Federal
pass through fimds
Less than $500,000 in State
tunds and $750,000+ in
Federal pass through firnds
Audited Financial Statement in
compliance with OMB Uniform
Guidance 2 CFR Part 200
(i.e. Single Audit)
Audited Financial Statement in
compliance with OMB Uniform
Guidance 2 CFR Part
(i.e. Single Audit)
12. Audi sment Resolutions and Disallowed Cost . It is further understood that the
community service providers are responsible to the Area Agency for clarifying any audit
exceptions tiat may arise from any Area Agency assessment, county or community service
provider single or financial audit, or audits conducted by the State or Federal Govirnments. In
the event that the Area Agency or the Department of Health and Human Services disallows anv
6
DAAS-735
(updated 6/20)
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 sewice provider through the Cormty Frmding 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 Uniform
Guidance CFR 2 Part 200,45 CFR Pafi 1321 or state eligibility requirements as specified in
policy.
13.Indemniw. The County agrees to indemnifo and save harmless the Area Agency, its agents,
and employees from and against any and all loss, cost, damages, expenses, and liability arising
out of performance under this Agreement to the extent of errors or omissions of the Cor.rnty.
14. Equal Employment OpDortunity and Americans With Disabilities Act Compliance. Both the
County and community service providers, as identified in paragraph one (l), shall comply with
all federal and state laws relating to equal employment opportunity and accommodation for
disability.
15.Data to be Fumished to the Countv. 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 fumished 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. Rishts in Documents.Malerials and Data Produced The County and commuity 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 A$eement shall be delivered to, become and remain, the
property of the Area Agency upon termination or completion of the work. Both the Area
Agency and the County shall have the right to use same without restriction or limitation and
without compensation to the other. For the purposes ofthis 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 ofan application for copyright by or on behalfofthe County.
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 ofthe service hereunder in an impartial and unbiased manner.
7
17.
DAAS-735
(updated 6/20)
18.Interest of Members of the Area Agencv. Lead Reeional Organization. and Others. No officer,
member or employee of the Area Agency or Lead Regional Organization, and no public official
of any local govemment which is affected in any way by the Project, who exercises any
function or responsibilities in the review or approval ofthe Project or any component part
thereof, shall participate in any decisions relating to this Agreement which affects his personal
interest or the interest ofany 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 Govemment, shall be
entitled to any share or part of this Agreement or any benefits to arise here fiom.
20.Prohibition Aqainst Use of Funds to lnfluence Leeislation. No part of any funds under this
Agreement shall be used to pay the salary or expenses ofany employee or agent acting on
behalf of the County to engage in any activity designed to influence legislation or
appropriations pending before Congress.
21. Confidentialitv and Security.Any client information received in connection with the
performance of any function ofa community service provider or its subcontractors under this
Agreement shall be kept confidential. The community service provider acknowledges that in
receiving, storing, processing, or otherwise handling any confidential information, the agency
and any subcontractors will safeguard and not firrther disclose the information except as
provided in this Agreement and accompanying documents.
22. Record Retention and Disposition. All state and local govemment agencies, nongovemmental
entities, and their subrecipients, including applicable vendors, that administer programs funded
by federal sources passed through the NC DHHS and its divisions and omces are expected to
maintain compliance with the NC DHHS record retention and disposition schedule and any
agency-specific progmm schedules developed jointly with the NC Department of Cultual
Resources, Division ofArchives and Records. Retention requirements apply to the community
service providers funded under this Agreement to provide Home and Community Care Block
Grant services. Information on retention requirements is posted at
https://www.ncdhhs. eov/about/administrative-oflices/o1fi ce-controller/records-retention and
8
updated semi-annually by the NC DHHS Controller's Office. By funding source and state
fiscal year, this schedule lists the earliest date that grant records in any format may be
destroyed. The Division of Archives and Records provides information about destroying
confidential data and authorized methods of record destruction (paper and electronic) at
https :,/,'archir c's. ncdcr. gor,'govemmenl/retention-schedules.
The NC DHHS record retention schedule is based on federal and state regulations and pertains
to the retention ofall frnancial and progammatic records, supporting documents, statistical
records, and all other records supporting the expenditure of a federal grant award. Records
DAAS-735
(updated 6/20)
legally required for ongoing official proceedings, such as outstanding litigation, claims, audits,
or other ofiicial actions, must be maintained for the duration of that action, notwithstanding the
instructions of the NC DHHS record retention and disposition schedule.
In addition to record retention requirements for records in any format, the long-term and/or
pennanent preservation of electronic records require additional commitment and active
management by agencies. The community service provider will comply with all policies,
standards, and best practices published by the Division of Aging and Adult Services regarding
the creation and management ofelectronic records.
23.Aoplicable 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 Agreem ent as of the day first
written above.
Attest:
B
of Commissioners
Area Agencv:
Attest:
b By:
A'eaE"rtq#ctor Executi ve r,Ca Council of Governments
This instrument has been preaudited in the manner required by the Local Govemment Budget and
Fiscal Control Act.
BY: J
$
z
NTY
Finance Officer, Cape Fear Council of Govemments
9
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