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HomeMy WebLinkAboutFY23 SRC General Purpose contractSCGP New Hanover Senior Center General Purpose Agreement for FY 2022-2023 THIS FUNDED AGENCY AGREEMENT (hereinafter referred to as "Agreement") is made and entered into by and between New Hanover County Senior Resource Center, (hereinafter referred to as the "County") and Cape Fear Council of Governments, Lead Regional Organization for the Area Agency on Aging, a public authority (hereinafter referred to as "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 state appropriations made available to the Area Agency through the North Carolina Division of Aging and Adult Services, as set forth the Council agrees to grant Senior Center General Purpose (SCGP) funds to the Grantee per the NC Division of Aging and Adult Services Administrative Letter No. DAAS-22-07 dated August 17, 2022 found at https://www.nedhhs. gov/divisions/aging-and-adult-services/policy-and- procedure/admi ni strative-letters. NOW THEREFORE, in consideration of these premises, and mutual covenants and agreements hereinafter contained, the parties hereto agree as follows: The Area Agency agrees to grant Senior Center General Purpose funds per the NC Division of Aging and Adult Services to the County for the purpose of providing Senior Center General Purpose activities for senior adults. The terms set forth in this agreement for payment are contingent upon availability of funding. 2. Grant Amount. The total expenditures under this contract shall not exceed $14,535 for senior center general purpose. The County is accountable for ensuring the 25% local cash matching requirement of $3,634 is provided. 3. Grant Administration. The grant administrator for the Area Agency shall be: Holly Pilson, Area Agency on Aging Director, Cape Fear Council of Governments. The grant administrator for the Grantee shall be: Amber Smith, Director, New Hanover County Senior Resource Center. It is understood and agreed that the grant administrator for the County shall represent the County in the performance of this Agreement. The County shall notify the Area Agency in writing if the administrator changes during the grant period. 4. Services authorized through the County, as specified on the FY 2022-2023 Application Packets in Attachment A, are to commence no later than July 1, 2022, and shall be undertaken and pursued in such sequence as to assure their expeditious completion and pursuit to all required standards and guidelines. All services required hereunder shall be completed on or before the end of the Agreement period, June 30, 2023. SCGP New Hanover 5. Assignability and Contracting. The County shall not assign all or any portion of its interest in this Agreement. Any purchase of services with Senior Center General Purpose funds for Older Adults funding shall be carried out in accordance with the procurement and contracting policy of the community services provider or, where applicable, the Area Agency. 6. Documentation of Expenses. The County shall maintain full and complete documentation of all expenses associated with performing SCGP activities. Documentation in the form of paid invoices and canceled checks shall be submitted to the Area Agency at the time of the reimbursement request. County shall maintain all financial and program records for a period of three (3) years from the date of final payment under this agreement. 7. Compensation and Payments to the Grantee. 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 Agreement may not exceed $10,901, as specified on the SCGP FY 2022-2023 Application Packets in Attachment A. a. Reimbursement of Service Costs: Payment will be based upon the Aging Resource Management System (ARMS) Provider Reimbursement Report (ZGA370-11). The Cape Fear Council of Governments will forward payment of the approved budget expenditure at the end of each month. The County must submit an annual report to the Cape Fear Council of Governments. b. Aging Resource Management System (ARMS) Requirements: All program performance and financial reports must conform to the requirements of the Division of Aging and Adult Services' automated Aging Resource Management System (ARMS). The County will be required to participate in the automated ARMS by supplying the necessary and required input data. The County will also be required to participate in appropriate workshops by the Division of Aging and Adult Services and/or Area Agency on Aging. Failure to comply with the reporting requirements may result in either withholding of funds or possible suspension/termination of funding. The County is required to participate in the ARMS user's fee. The fee shall apply to each of the categories as the reimbursements are requested through ARMS. It shall be based on the following formula: # of records X $.17 maintenance cost per service record in ARMS c. Documentation of Expenses: The County shall maintain full and complete documentation of all expenses associated with performing the scope of work under this contract. Documentation in the form of time sheets or other verification (prior approval required) that services were rendered shall be kept in each client file. The County shall maintain all financial and program records for a period of seven (7) years form the date of final payment under this agreement. 2 SCGP New Hanover 8. Reallocation of Grant Funds. It is understood and agreed, that in the event that the County's rate of progress on this contract is leading to underutilization of the funds allocated, and if the County cannot demonstrate how funds will be fully utilized during the contract period, then, upon notice to the County, 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 funds received from the NC Division of Aging and Adult Services is reduced or increased from the amount(s) quoted, the Area Agency 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 County's compensation shall be incorporated in written amendments to this contract and signed by both parties. 10. Monitoring, Auditing, and Reporting. The County 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 2 CFR Part 200, The County is subject to audit and fiscal reporting requirements, as stated in NC General Statute 143C-6-22 and 23 and 2 CFR Part 200, where applicable. The County must send a copy of their year-end financial statements, and any required audit, to the Area Agency. SCGP providers are not required to submit Activities and Accomplishments Reports. 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 athqps://www.ncizrants.povNCGrants/PublicRMrtsRegulations.usp The following provides a summary of reporting requirements under NCGS 143C-6-22 and 23 and 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 for Reporting Less than $25,000 Certification form and State Grants N/A in State or Federal Compliance Reporting <$25,000 (item # funds 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 Certification form and Schedule of County N/A $25 000 and less Receipts >$25 000 and Schedule of SCGP New Hanover than $500,000 in Receipts and Expenditures State funds or OR $750,000 in Audited Financial Statements in Federal funds Compliance with GAO/GAS (i.e. Yellow Book) $500,000 or more Audited Financial Statements in May use State in State funds but Compliance with GAO/GAS (i.e. Yellow funds, but not less than $750,000 Book) Federal Funds in Federal pass through funds $500,000 or more Audited Financial Statement in compliance May use State and in State funds and with OMB Uniform Guidance 2 CFR Part Federal funds $750,000 or more 200 (i.e. Single Audit) in Federal pass through funds Less than Audited Financial Statement in compliance May use Federal $500,000 in State with OMB Uniform Guidance 2 CFR Part funds, but not State funds and 200 (i.e. Single Audit) funds. $750,000 or more in Federal pass throw lends Representatives of the Area Agency 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 County shall be made available to authorized representatives of the Area Agency, and the NC Division of Aging and Adult Services for inspection and review at any reasonable time in the County's office. Approval and acceptance of such material shall not relieve the County of its professional obligation to discover and correct, at its expense, any errors found in the work. It is further understood that the County is responsible to the Area Agency for clarifying any audit exceptions that may arise from any Area Agency assessment, County 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 County shall promptly repay such funds to the Area Agency once any final appeal is exhausted in accordance with paragraph eleven (11). To ensure adequate review and evaluation of the work and proper coordination among interested parties, the Area Agency shall be kept fully informed concerning the progress of the work and services to be performed. County agrees to submit to the Area Agency, annually, a list of those SCGP 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 SCGP. Area Agency staff will conduct on -site SCGP New Hanover assessments and may also make unannounced visits for the purpose of evaluating the County's work. 11. Disputes and Appeals. Any dispute concerning 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 furnished to the designated grants administrator for the County. The decision of the LRO is final unless within twenty (20) days of receipt of such decision the grant administrator 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 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: Director North Carolina Division of Aging and Adult Services 693 Palmer Drive 2101 Mail Service Center Raleigh, North Carolina 27699-2101 12. 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. In such event, 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 13. Indemnity. The County agrees to indemnify 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. 14. Attendance at Region O Area Agency on Aging Meetings The. County, upon request of the Area Agency grant administrator, will make efforts to attend any committee or special meeting relating to the project. The County will attend any scheduled Senior Center General Purpose meetings. 15. Equal Employment Opportunity and Americans With Disabilities Act Compliance. The County shall comply with all federal and state laws relating to equal employment opportunity and accommodation for disability. SCGP New Hanover 16. Data to be Furnished to the County. 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 Grantee shall be furnished 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. 17. Rights in Documents, Materials and Data Produced. The County agrees that at the discretion of the Area Agency, 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 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 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 County. 18. 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 of the service hereunder in an impartial and unbiased manner. 19. Interest of Members of the Area Agency, Lead Regional Organization, and Others. No officer, member or employee of the Area Agency or Lead Regional Organization, 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 affects his personal interest or the interest of any 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. 20.Officials not to Benefit. No member of or delegate to the Congress or Resident Commissioner, or employee of the United States Government, shall be entitled to any share or part of this Agreement or any benefits to arise therefrom. 21. 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 County to engage in any activity designed to influence legislation or appropriations pending before Congress. 22. Conflict of Interest. The County shall comply with all applicable federal and state conflict of interest laws. The County expressly states that presently they have no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree G7 SCGP New Hanover with the performance of services required to be performed under this contract. The County shall employ any person having such interest during the performance of this contract. The County fiuther agrees to notify the Area Agency on Aging in writing of any instance that might have the appearance of a conflict of interest. 23. Confidentiality and Security. Any client information received in connection with the performance of any function of a 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 further disclose the information except as provided in this Agreement and accompanying documents. 24. 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 (https://www.ncdhhs.gov/about/adnunistrative- offices/office-controller/records-retention). Retention requirements apply to the community services providers funded under this Agreement to provide Senior Center General Purpose 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://archives.ncdcr.gov/government/records-management-tools/fag#how- can-i-destrov-records. 25. Additional provisions. a. County and any subrecipients are required to follow policies and procedures for procurement that are at least as stringent as those of the State. b. Any capital purchases of $5,000 or more must be pre -approved by the Area Agency and the Division of Aging and Adult Services. c. If any copyrightable material is developed in the course of or under this agreement and any subaward, a copy will be furnished to the Department of Health and Human Services and the Department shall have a royalty fee, non-exclusive, and irrevocable right to reproduce, publish or otherwise use the work for Department purposes. d. In accepting this award, the County agrees not to replace local program support with Total Federal/State Reimbursement and will contract for any aging services as identified through the County funding plan in accordance with policies and procedures established in the Division of Aging and Adult Services Manual of Policies and Procedures. httos://nolicies.ncdhhsgov/divisional/aizintz-and-adult SCGP New Hanover e. E-Verify Compliance. Pursuant to Session Law 2013-418, Contractor shall fully comply with the U.S. Department of Homeland Security employee legal status E- Verify requirements for itself and all its subcontractors, if applicable. requires an affidavit attesting to Contractor's compliance. Violation of the provision, unless timely cured, shall constitute a breach of contract. 26. 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. In witness whereof, the Area Agency and the Grantee have executed this Agreement as of the day first written above. NEW HANOVER COUNTY SENIOR Go F Attest: y' :f CAPE FEAR COUNCIL OF GOVENRMENTS: Agency on Aging Director CENTER: Board of Commissioners Alien Serkin, Executive Director Thi§ instrument has been preaudited in the manner required by the Local Government Budget and Fiscal ct. By: Dawn Tuc er, Finance Director 8 Attachment A STATE APPROPRIATION FOR SENIOR CENTERS THROUGH THE 2022 SESSION OF THE NC GENERAL ASSEMBLY SENIOR CENTER GENERAL PURPOSE FUNDING FY 2022-2023 APPLICATION PACKET Cape Fear Area Agency on Aging 1480 Harbour Drive Wilmington, NC 28401 New Hanover County Senior Resource Center 2222 S. College Road Wilmington, NC 28403 The Cape Fear Area Agency reserves the right to request additional information, references, to accept or reject any or all proposals to waive technicalities, to accept proposals in whole or in part, and to award a contract(s) which, in the opinion of the grantee, best serves the older adults. SENIOR CENTER GENERAL PURPOSE FUNDING Introduction and Instructions The Cape Fear Area Agency is pleased to announce the availability of funds for use by senior centers to support and develop programming and general operations or to construct, renovate, or maintain senior center facilities. $1,265,309 in general purpose funding was allocated for senior centers for the current fiscal year. This funding is allocated to the Area Agencies on Aging for distribution to the centers within the region which provide full time programs or will utilize the funding to develop full time programs. Across the state 170 senior centers or developing senior centers will be funded. The Division of Aging and Adult Services has worked hard to enhance and expand the statewide certification process for senior centers with standards that encourage centers across the state to strive for levels of 'merit' or 'excellence'. An intent of the certification process has been to increase base funding for those who have successfully completed the process. This ensures that funding is being well spent on readily identifiable programs and services and provides an incentive for centers that make investments to meet certification requirements. Therefore, in order to provide an incentive to work toward certification, and to reward those who achieve it, the Division has decided to fund senior centers equally, based upon their certification status. Centers of Merit will receive two shares of the funding of non -certified centers and Centers of Excellence will receive three times the funding of non -certified centers. The objectives for this year are to: ➢ Allocate funding equally to every center, based upon certification status; ➢ Require documentation and accountability for the use of funding, and; ➢ Provide incentives for centers to improve themselves through certification. Again, this year it has been decided to divide the annual appropriation into shares based on the total number of senior centers as determined by the Area Agencies on Aging plus extra shares for each senior center which 2 meets certification status. Uncertified, identified centers will receive one share. For FY 2022-2023, total funding available to the counties in Region O will amount to $1 12,940. Effective period: July 1, 2022 June 30, 2023. Your center is eligible to receive: FY 22-23 Senior Center General Purpose Funding $10,901 Local Match (25%) $3,634 TOTAL $14,535 It is the responsibility of the applicant to certify the availability of the local match. The funds require a 25% local match. The funds must be spent first before reimbursed and before June 00. 2023. Therefore, projected June expenditures must be reported with May services reported in June otherwise the unutilized portion of your allocation will revert to the state. Application submissions should include: (1) A completed description of proposed activities (add additional pages as needed). (2) Certification of the availability of local match. (3) A budget for senior center general purpose activities. APPLICATION FOR SENIOR CENTER GENERAL PURPOSE FUNDING Applicant Information Date: September 22 _2022 Project Name: Senior Resource Center General Purpose Name of Project Director _Amber Smith Telephone Number._910-798-6410 FAX:_910-798-641 I E-Mail: asmith@nhcclov.com Name and Address of Applicant: Senior Resource Center 2222 S. College Rd. Wilmington, NC 28403 Type of Agency Applying: Private -Non -Profit Location of Project: New Hanover Countv (county) ASSURANCES _Senior Resource Center_(hereinafter referred to as "Subgrantee") HEREBY AGREES 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, and (c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794), which prohibits discrimination on the basis o�f handicaps. (,�Lf)Y14.2 yml�dl 9122.12022_ Signature and Title of Authorized Official Date SRC Director CERTIFICATION OF THE AVAILABILITY OF REQUIRED NON-FEDERAL MATCH FOR SENIOR CENTER GENERAL PURPOSE FUNDING It is understood that the following required 25 percent non-federal match will be used to match Senior Center General Purpose funds in FY 22-23 and will not be used to match any other federal or state funds during the contract period. The provider shall expend the award in keeping with the attached project description indicating how funding will be utilized. Funding will not be disbursed until this application is received and approved by the Area Agency on Aging. The contractor shall make a final report indicating how funding was utilized in a format provided by the Area Agency on Aging. FY 22-23 Budget Request $10,901 Required 25%Match $3,634 Total FY 22-23 Projected Budget $14,535 (up to the amount of the grant) Authorized Title: Senior Resource Center Director Date: September 22, 2022 Example only: non certified center: $4,069 divided by.75=$5,425 [Total projected budget] $5,425 minus $4,069= $1,356 [local match] SENIOR CENTER GENERAL PURPOSE PROJECT DESCRIPTION Senior Center to receive funding: New Hanover County Senior Resource Center Z. Amount of funding: $14,535 3. Area served by Senior Center: New Hanover County _ 4. Describe how the funding will be spent: Funding will be used to support the salary and fringe of an administrative program assistant whose primary job functions are to provide coverage for switchboard, program mailing, enter data into Servtracker and ARMS, creating participant ID badges, assist with transportation reassessments, and serve as a backup front desk greeter. The switchboard operating functions provides essential customer service delivery to the citizens of NHC by triaging incoming calls to the appropriate staff and/or providing accurate scheduled program information. Personal contact is beneficial to seniors seeking and receiving assistance and not succumbing to the frustration of a recording or push button response. STATE APPROPRIATIOINS FOR SENIOR CENTER BUDGET INFORMATION STATE FISCAL YEAR 2022-23 Organization Name: New Hanover County Senior Resource Center Senior Center Name: Senior Resource Center Address: 2222 S. College Rd Wilmington NC 28403 Period Covered: July 1. 202Z June 30. 2023 Date Prepared: 9/22/2022 OBJECTS OF EXPENDITURE Salary and Fringe Benefits Supplies/Other Operating Costs Equipment Capital Outlay (Real Estate, Construction, Renovation) Other TOTAL BUDGET (Including local match) (Up to grant amount, only) AMOUNT $ 14,535 $ 14,535 Each organization that receives, uses, or expends any state funds shall use or expend the funds only for the purposes for which they were appropriated by the General Assembly or collected by the State. State funds include federal funds that flow through the state. If the contractor is a governmental entity, such entity is subject to the provisions of the requirements of OMB Uniform Guidance 2 CFR Part 200 and the NC Single Audit Implementations Act. If the Contractor is a non -governmental entity, such entity is subject to the provisions of G.S. 143C-6-23. Additionally, any non -governmental entity except a for -profit corporation is subject to the provisions of OMB Uniform Guidance CFR Part200. AUTHORIZED SIGNATURE: 1� TITLE: Senior Resource Center Director DATE: 09.,221'2022