FY22 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.
By:
Dawn Tucker, Finance Officer
Cape Fear Council of Governments
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