FY22 SRC General Purpose grant contractRVM
Area Aggnc
On A
Cade Fear Council of Governments
DATE: January 31, 2022
TO: Teresa Hewett ecialista �[
FROM: Ginny Brinson, Aging Program S p
FFg $ 20,2
SUBJECT: Senior Center General Purpose Contract FY 21122
Enclosed is an original, fully executed Senior Center General Purpose Contract for FY 21122.
PLEASE NOTE: You will be required to have all requests for reimbursement in
ARMS by the closing date May of 2022. Failure to do so will impact any allocated
funds remaining in ARMS. Remember, Senior Center General Purpose funding is
considered "state funds" which ends earlier than the federal funding.
If you have any questions, please give me a call.
Thank You
Enclosure
Cc: Amber Smith
Serving Brunswick Columbus New Nonover and Fender Counties
1480 Harbour Drive • Wilmington, NC 28401 • (910) 395-4553 • Fax: (910) 395-2684
www.capefearcog.org
An Equal OpportunHyiAffirmahve AofiOrJADA Employee/Program
GRANT AGREEMENT
FOR 4 t
101NAL
SENIOR CENTER GENERAL PURPOSE FUNDING
FY 2021-2022
1. PARTIES TO THE CONTRACT
This agreement is made and entered into between the CAPE FEAR COUNCIL OF GOVERNMENTS, 1480
Harbour Dr., Wilmington, NC 28401, hereinafter referred to as the "Council," and NEW HANOVER SENIOR
RESOURCE CENTER, 2222 South College Rd., 28403, hereinafter referred to as the "Grantee."
2. EFFECTIVE PERIOD OF CONTRACT
This contract shall be effective July 1, 2021 and shall terminate on June 30, 2022; however Senior Center
General Purpose expenditures should only be entered into the Aging Resource Management System (ARMS) in
the months of July through May in order to be fully reimbursed for the State Fiscal Year.
3. GENERAL PROVISIONS
Subject to the terms and conditions hereinafter set forth, the Council agrees to grant Senior Center General
Purpose funds to the Grantee per the NC Division of Aging and Adult Services Administrative Letter No.
DAAS-21-07 dated September 3, 2021 found at httiis://www.ncdhhs.�ov/divisions/agog-and-adult-
services/polic.-and-and-procedure/administrative-letters.
Funds shall be used in accordance with the project description in Attachment A, Senior Center General Purpose
Funding FY 2021-2022 Application Packet submitted by the Grantee on October 14, 2021. The terms set forth
in this agreement for payment are contingent upon availability of funding.
4. GRANT AMOUNT
The total payment under this contract shall not exceed $10,693. Attachment A outlines the allocation for each
senior center within the county. The Grantee is accountable for ensuring the local in-kind or cash matching
requirement is provided.
5. RECORD RETENTION AND DISPOSITION
All state and local government agencies, nongovernmental entities, and their subrecipients, including applicable
vendors, that administer programs funded by federal sources passed through the NC DHHS and its divisions
and offices are expected to maintain compliance with the NC DHHS record retention and disposition schedule
and any agency -specific program schedules developed jointly with the NC Department of Cultural Resources,
Division of Archives and Records. Retention requirements apply to the community service providers funded
under this Agreement. Information on retention requirements is posted at
hizos•//www.ncdhhs.6ov/about/administrative-offices/office-controller/records-retention and 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 htTT,s://archives.ncdcr.i ov/Lovernment/retention-schedules.
The NC DHHS record retention schedule is based on federal and state regulations and pertains to the retention
of all financial and programmatic records, supporting documents, statistical records, and all other records
supporting the expenditure of a federal grant award. Records legally required for ongoing official proceedings,
such as outstanding litigation, claims, audits, or other official 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 permanent
preservation of electronic records require additional commitment and active management by agencies. The
Grantee will comply with all policies, standards, and best practices published by the Division of Aging and
Adult Services regarding the creation and management of electronic records.
6. 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 at the time of the reimbursement request. Grantee and any community service
providers shall maintain all financial and program records for a period in accordance with paragraph five (5)
Records Retention and Disposition.
7. 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 one
month in arrears upon request for reimbursement by Grantee. Reimbursement requests, along with paid
invoices, must be submitted to the Council 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 offices no later than 5
p.m. on June 7, 2022. 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 from ARMS. The Council will forward payment to the Grantee of the approved budget expenditure at
the end of each month less local match of 25%.
S. 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.
9. 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 fiends received from the NC Division of Aging and Adult Services is reduced or increased
ftom the amount(s) quoted, the Council 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.
10. DISPUTES AND APPEALS
Any dispute concerning a question of fact arising under this Agreement shall be identified to the designated
grants administrator, Holly Filson for the Area Agency. In accordance with Council policy, a written decision
shall be promptly furnished to the designated grants administrator, Teresa Hewett for the Grantee.
The decision of the Council is final unless within twenty (20) business days of receipt of such decision the
designated grants administrator for the Grantee 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 Council. 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 Council 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:
2
Director
North Carolina Division of Aging and Adult Services
693 Palmer Drive
2101 Mail Service Center
Raleigh, North Carolina 27699-2101
11. CERTIFICATION REGARDING NONDISCRIMINATION
The Grantee certifies that it will comply with all Federal statutes relating to nondiscrimination. These include
but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits discrimination
on the basis of race, color or national origin; (b) Title IX of the Education Amendments of 1972, as amended
(20 U.S.C. §§1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; (c) Section 504 of
the Rehabilitation Act of 1973, as amended (29 U.S.C. §794), which prohibits discrimination on the basis of
handicaps; (d) the Age Discrimination Act of 1975, as amended (42 U.S.C. §§6101-6107), which prohibits
discrimination on the basis of age; (e) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as
amended, relating to nondiscrimination on the basis of drug abuse; (f) the Comprehensive Alcohol Abuse and
Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to
nondiscrimination on the basis of alcohol abuse or alcoholism; (g) Title VIII of the Civil Rights Act of 1968 (42
U.S.C. §§3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; (h)
the Food Stamp Act and USDA policy, which prohibit discrimination on the basis of religion and political
beliefs; and (i) the requirements of any other nondiscrimination statutes which may apply to this Agreement.
The Grantee shall make no distinction because of race, color, handicap, religion, sex or national origin in
providing to eligible individuals any services or other benefits under projects financed in whole or in part with
funds provided under this contract. (This provision excludes age since these funds are allocated to serve only
older persons by design and by law.) The Grantee shall comply, and assures compliance by any contractor or
sub grantee receiving funds through this Agreement, with the Americans With Disabilities Act of 1990, and
with requirements contained in applicable federal regulations, guidelines and rules to ensure a policy of
nondiscrimination for service recipients, employees and applicants for employment. The Grantee agrees to
comply with such guidelines as the Council or the North Carolina Division of Aging and Adult Services may
issue to implement the requirements of this paragraph.
12. MONITORING, AUDITING, AND REPORTING
Audit. 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) Uniform
Guidance 2 CFR Part 200.
If Grantee is not a unit 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 2 CFR Part 200, where applicable. Applicable
community service providers must send a copy of their year-end financial statements, and any required audit, to
the Council. 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
3
Representatives of the Council 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, 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.
13. CONFLICT OF INTEREST
A. Interest of Grantee: The Grantee covenants that neither the Grantee 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 Grantee's service hereunder in an impartial and unbiased
manner. The Grantee further covenants that in the performance of this contract no person having any
such interest shall be employed by the Grantee as an agent, subcontractor or otherwise.
B. Interest of Members of the Council and Others: No officer, member or employee of the
Council, and no public official of any local government which is affected in any way by the services
provided hereunder, who exercises any function or responsibilities in the review or approval of the
services provided hereunder or any component part thereof, shall participate in any decisions relating to
this agreement which may affect his personal interest or the interest of any corporation, partnership or
association in which he is, directly or indirectly, interested; nor shall any such person have any interest,
direct or indirect, in this contract or the proceeds arising therefrom.
C. Officials Not to Benefit: No member of or delegate to the Congress of the United States of
America or the General Assembly of the State of North Carolina, resident Commissioner or employee of
the United States Government or the North Carolina State Government, shall be entitled to any share or
part of this agreement or any benefits to arise herefrom.
14. 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 Grantee to engage in any activity designed to influence legislation or appropriations
pending before Congress.
15. CONFIDENTIALITY
Any reports, recipient information, data, or other materials given to or prepared or assembled by the Grantee
under this Agreement which the Council 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.
16. INDEMNITY
Grantee shall indemnify and hold the Council, 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
17. TERMINATION OF CONTRACT
Termination of Contract for Cause. Should the Grantee fail to fulfill in a timely and proper manner its
obligation under this Agreement, or if Grantee shall violate any of the covenants, agreements, or stipulations of
the Agreement, the Council shall thereupon have the right to terminate this Agreement by giving written notice
to the Grantee of such termination, specifying the effective date thereof, at least thirty (30) days before the
effective date of such termination.
Notwithstanding the above, the Grantee shall not be relieved of liability to the Agency by virtue of any breach
of the Agreement by the Council, and the Council may withhold any payments to the Grantee for the purpose of
affect until such times as the exact amount of damages due the Council is determined.
Termination for Convenience. Either Party may terminate this Agreement at any time by giving written notice
to the other Party at least thirty (30) days in advance of the effective date of termination. In the event of
termination, all verification of service provided by the Grantee shall be reported to the Council, such sums to be
paid cannot exceed sums approved for payment to the Council by the NC DAAS under the Grant Contract.
Termination Due to Lack of Funds. The Agreement may be terminated by either Party by providing the other
Party thirty (30) days prior written notice because of lack of funds, either state or non-federal. If funds to
finance this Agreement become unavailable, the obligations of each Party hereunder may be terminated upon no
less than thirty (30) days written notice to the other Party. Said notice shall be delivered by certified mail or in.
person. The NC DAAS shall be the final authority as to the availability of state funds. Waivers of breach of
any provisions of the Agreement shall not be construed to be a modification of the Contract terms.
IN WITNESS THEREOF, THE COUNCIL OF GOVERNMENTS AND THE GRANTEE HAVE
EXECUTED THIS AGREEMENT AS OF THE DATE FIRST WRITTEN ABOVE.
CAPE FEAR COUNCEL VERNMENTS:
f
By: _
Allen S �kih Executiv irector
By:*
H.i .y,'ilson,; e Agency on Aging Administrator
This instrument has been preaudited in the manner required by the Local Government Budget and Fiscal
Control Act.
By: r _ —
Dawn Tucker, Finance Officer
GRANTEE:
New Hanover Count
(Grantee/Agency Name)
By:
u z 1'fi is
Tuf: n c. ley, Assistant County Manager
_ 56-6000324
Organization SSAN and/or Federal Tax ID No.
L
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.
New Hanover Couno,
Name of Agency
a#r ' U &6utive Direci-,,,, or
tr uthorized Official
Tufanna radley, Assistant County Manager
Swom to and subscribed before me,
This theJCLday of ])fftfVnI =r , 2 •
t'- REGinIAT. JAMS-SOSTON
NOTARY PUBLIC
,�. Notarv�Public New Hanover County
North Carolina
L My C0Mn1l$sion Fxpires Fehnmty 14, 2022
My Commission expires: -runt-\l