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HomeMy WebLinkAboutFY22 SRC HDC5 HDM & CONG GRANT CONTRACTDAAS-735-COVI D/HDC5 July 1, 2021 through September 30, 2022 Consolidated Appropriations Act, 2021 Supplemental Nutrition Funding (Supplemental 5-HDC5) Agreement for the Provision of Aging Services This Agreement, entered into as of this 10th day of January, 2022, by and between New Hanover County 230 Government Center Drive Suite 165_ Wilmington. NC 28403 (hereinafter referred to as the "Grantee") and the Cape Fear Council of Governments, 1480 Harbour Drive, Wilmington, NC 28401 (hereinafter referred to as the "Council"). Witnesseth That: WHEREAS, Congress supported the safety and independence of older adults during the COVID-19 pandemic through emergency funding for home -delivered, congregate, and supplemental nutrition services included in the Consolidated Appropriations Act, 2021, Supplemental Nutrition Funding (Supplemental 5-HDC5), and WHEREAS, funding expended from Supplemental 5-HDC5 must be used to respond to the coronavirus emergency by providing Older Americans Act services related to the response, and WHEREAS, funds must be expended on allowable Older Americans Act activities as defined by the Older Americans Act and state and local policy, and WHEREAS, the Council and the Grantee 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 Council 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 COUNCIL through the North Carolina Division of Aging and Adult Services, as set forth in (a) this document, (b) related administrative letters (httos:/Iwww.ncdhhs.gov/divisions/ag ing-and-adult-services/uolicy-and- procedure/administrative-letters) on the federal disaster grants issued by the Division of Aging and Adult Services to convey the flexibilities, requirements for allowable expenditures and documentation of service delivery, and other applicable flexibilities and waivers permitted under Supplemental 5-HDC5, (c) the Division of Aging and Adult Services Home and Community Care Block Grant Procedures Manual for Community Service Grantees, (d) the Division of Aging and Adult Services Service Standards, and, (e) the Division of Aging and Adult Services Community Service Grantees Monitoring Guidelines. WHEREAS, These services are deemed necessary for prompt and efficient response under the Major Disaster Declaration. NOW THEREFORE, in consideration of these premises, and mutual covenants and agreements hereinafter contained, the parties hereto agree as follows: 1. Availability of Funds. The terms set forth in this Agreement for payment are contingent upon the receipt of Supplemental 5-HDC5 funding by the AREA AGENCY. 2. Grant Administration. The grant administrator for the Council shall be: Holly Pilson, Director, Area Agency on Aging. The grant administrator for the Grantee shall be: Amber Smith SRC Director. It is understood and agreed that the grant administrator for the Grantee shall represent the DAAS-735-COVI D/H DCS Grantee in the performance of this Agreement. The Grantee shall notify the Council in writing if the administrator changes during the grant period. 3. Services authorized under this agreement or those identified as necessary to provide timely and necessary response to the COVID-19 pandemic, provided they are among those services allowable under Title III -C of the Older Americans Act, as specified on Attachment A HDC5 Approved Budget form to commence no later than July 1, 2021 and September 30, 2022 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 stated above. 4. Assignability and Contracting. The Grantee shall not assign all or any portion of its interest in this Agreement. Any purchase of services with Supplemental 5-HDC5 funding shall be carried out in accordance with the procurement and contracting policy of the Grantee or, where applicable, the Council, which does not conflict with procurement and contracting requirements contained in 45 CFR Part 75, Subpart D -Post Federal Award Requirements, Procurement Standards, except for those services purchased in response to, and during the active period of the Major Disaster Declaration for North Carolina due to the COVID-19 pandemic, as declared by the President of the United States on March 25, 2020, effective January 20, 2020 and continuing. Federal funds shall not be awarded to any subrecipients 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. 5. ComL ensation and Payments to the Grantee. The Grantee shall be compensated for the work and services actually performed under this Agreement by payments to be made monthly by the Council. Total reimbursement to the Grantee under this Agreement may not exceed the grand total of applicable COVID-19 funding, as specified on Attachment A HDC5 Approved Budget form. a. Reimbursement of Service Costs The Grantee must have a method of projecting service costs based on estimated revenues and expenses, in order to receive adequate reimbursement as well as show reasonable and justifiable costs. Reimbursement of service costs will be based on the submitted and approved DAAS-732-A-COVID Service Cost Computation Worksheet and the DAAS 732-A- 1-COVID Labor Distribution Form, and the HDC5 Proposed Budget form (Attachment A), b. Pa-yment of Administration on Aging Nutrition Services Incentive Proaram NSIP' Subsidy NSIP subsidy for congregate and home delivered meals is not allowable under the Supplemental5-HDC5 funding. 6. Collection of Non -Federal Matching Resources. There is no match requirement for services delivered by the Grantee through Supplemental 5-HDC5 funding. 7. Bud!:,et revisions. Unless Grantee has been given the capacity to enter data into the Aging Resources Management System (ARMS), the Council is responsible for entering amended service data into the DAAS 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 Grantees. During the active period of the Major Disaster Declaration due to the COVID-19 pandemic, the Administration for Community Living (ACL) has granted flexibility as to the use of certain funds. This Grantee may use Supplemental 5-HDC5 funding not only for Title III -C2 home -delivered meals, but also for Title III -C1 congregate nutrition services. If the 2 DAAS-735-COVI D/HDC5 Major Disaster Declaration ends during the project period, unobligated funding may only be used for home -delivered nutrition. Prior approval is not required for transfers between home -delivered and congregate nutrition budgets while the Major Disaster Declaration is in effect and must be approved by the Council. 8. Reallocation of Funds. Any reallocation of Supplemental 5-HDC5 funding between Grantees shall be effective only for the period of the Agreement. Any adjustment to the Supplemental 5- HDC5 budget will not affect the allocation of future funding to the Grantee. The Grantee will submit a revised Attachment A (DAAS-732-A-COVID Service Cost Computation Worksheet/DAAS 732- A-1 -COVI D Labor Distribution Form and/or the HDC5 Proposed Budget form) for approval to the Council Grants Administrator, Holly Pilson. An approved budget adjustment will be returned to Grantee. If during the performance period of the Agreement, the Council determines that a portion of the Supplemental 5-HDC5 funding will not be expended, the grant administrator for the Grantee shall be notified in writing by the Council and given the opportunity to make funds available for reallocation to other Grantees in the Planning and Service Area or elsewhere in the state. Because this Supplemental 5-HDC5 funding is meant to provide additional meals to older adults in response to the COVID-19 pandemic, it is understood that Grantee is responsible for expenditures that support service delivery during the project period. If applicable, Council should discuss any potential underutilization of funds after 50% of the project period has lapsed. When 75% of the project period has lapsed, the Council is authorized to initiate transfer of unobligated funds identified as unlikely to be utilized to other Grantees and counties. 9. Monitoring. This Agreement will be monitored to assure that services are being provided as stated in this agreement and as outlined in administrative letters on the Supplemental 5-HDC5 grants issued by the Division of Aging and Adult Services to convey the requirements for allowable expenditures and documentation of service delivery to eligible older adults. The monitoring of services provided under this Agreement shall be carried out by the Council in accordance with its Assessment Plan and as specified in Sec. 308 of the AAA Policies and Procedures Manual. The Grantee will receive a written report of monitoring findings in accordance with procedures established in Section 308.4. Any areas of non-compliance will be addressed in a written corrective action plan with the Grantee. 10. Disputes and Appeals. Any dispute concerning a question of fact arising under this Agreement shall be identified to the designated grants administrator for the Council. In accordance with Lead Regional Organization (LRO) policy, a written decision shall be promptly furnished to the designated grants administrator for the Grantee. The decision of the LRO is final unless within twenty (20) business days of receipt of such decision the grant 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 grant administrator for the GRANTEE 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: Director North Carolina Division of Aging and Adult Services 693 Palmer Drive 3 DAAS-735-COVE D/H DC5 2101 Mail Service Center Raleigh, North Carolina 27699-2101 11. Termination 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 30 (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 30 (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. 12. 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. Any GRANTEE that is not a unit of local government or otherwise subject to the audit and other reporting requirements of the Local Government Commission is 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 Grantees must send a copy of their year-end financial statements, and any required audit, to the Council. Grantees 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 Grantee 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 hftris://www.osbm.nc.cov/stewardship-services/grants/­rar C! DAAS-735-COVI D/FI DC5 The following chart 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 Grantee's fiscal year. Annual Expenditures + Less than $25,000 in state or federal funds • Greater than $25,000 and less than $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. • $500,000+ in state funds and $750,000+ in federal ass through funds. • Less than $500,000 in state funds and $750,000+ in federal pass through funds Report Required to AAA Certification form and State Grants Compliance Reporting <$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). Certification form and Schedule of Grantee Receipts >$25,000 and Schedule of Receipts and Expenditures 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) 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 200 (i.e., Single Audit) 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. 13. Audit/Assessment Resolutions and Disallowed Cost. It is further understood that the community service Grantees are responsible to the Council for clarifying any audit exceptions that may arise from any Council assessment, or Grantee single or financial audit, or audits conducted by the State or Federal Governments. In the event that the Councilor the Department of Health and Human Services disallows any expenditure made by the community service Grantee for any reason, the Grantee shall promptly repay such funds to the Council once any final appeal is exhausted in accordance with paragraph eleven (11). The Council can recoup any required payback from the Grantee in the event that payback is due to Grantee's failure to meet OMB Uniform Guidance CFR 2 Part 200, 45 CFR Part 1321, or state eligibility requirements as specified in policy. 14. Indemnity. The Grantee agrees to indemnify and save harmless the Council, 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 Grantee. 5 DAAS-735-COVI D/H D C5 15. Equal Employment O_:ji:-ortunit-r and Americans with Disabilities Act Coml--Iiance. The Grantee shall comply with all federal and state laws relating to equal employment opportunity and accommodation for disability. 16. Data to be Furnished to the Grantee. All information which is existing, readily available to the Council without cost and reasonably necessary, as determined by the Council's staff, for the performance of this Agreement by the Grantee shall be furnished to the Grantee without charge by the Council. The Council, its agents and employees, shall fully cooperate with the Grantee in the performance of the Grantee's duties under this Agreement. 17 Rights in Documents Materials and Data Produced. The Grantee agrees that at the discretion of the Council, 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 Council upon termination or completion of the work. Both the Council and the Grantee 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 Grantee. 18. 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 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 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. 19. Confidentiality and Security. Any client information received in connection with the performance of any function of a community service Grantee or its subcontractors under this Agreement shall be kept confidential. The Grantee acknowledges that in receiving, storing, processing, or otherwise handling any confidential information, the agency and any subcontractors will safeguard and not further disclose the information except as provided in this Agreement and accompanying documents. Ce DAAS-735-COVI D/H DC5 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 Grantee to engage in any activity designed to influence legislation or appropriations pending before Congress. 21 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 [httris://www. ncdhhs.g ov/about/adm i nistrative-offices/office-controller/records-retention ). In addition, the NC Department of Natural and Cultural Resources has developed a General Records Schedule for Local Government Agencies as well as individual retention and disposition schedules for local government agencies like county social service agencies and local health departments. Those schedules are posted at httns:Harchives.ncdcr.gov/government/local. Retention requirements apply to the community service Grantees funded under this Agreement to provide Home and Community Care Block Grant services. By funding source and state fiscal year, the NC DHHS record retention schedule lists the earliest date that grant records in any format may be destroyed. The State Archives provides information about destroying confidential data and authorized methods of record destruction (paper and electronic) at https:Harchives.ncdcr.gov/-iovernment/records-management-tools/fac[#how-can-i-destrov- records. 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 community service 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. 22. 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. 7 GRANTEE Attest: jar Clete -ham -��� �� Caom� ss�t�-rs Cape Fear Council of Governments Attest: By: Holly Pilson, Director Area Agency on Aging Allen Serkin, Executive Director Cape Fear Council of Governments DAAS-735-COVI D/H DC5 Vit Provision for payment of the monies to fall due under this Agreement within the current fiscal year have been made by appropriation duly authorized as required by the Local Government Budget and Fiscal Control Act. 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