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HomeMy WebLinkAboutAgenda - 05-19-2009 - 4fORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: May 19, 2009 1 Action Agenda Item No. ~-- SUBJECT: Home and Community Care Block Grant for Older Adults Funding Plan, FY 2009-10 DEPARTMENT: County Manager PUBLIC HEARING: (Y/N) No ATTACHMENT(S): Recommended Funding Plan INFORMATION CONTACT: Gwen Harvey, Assistant County Manager, 245-2300 Jerry Passmore, Director, Aging, 245-2000 Nancy Coston, Director, Social Services, 245-2800 PURPOSE: To approve the recommended Home and Community Care Block Grant (HCCBG) for Older Adults Funding Plan for FY2009-10. BACKGROUND: The Home and Community Care Block Grant (HCCBG) was established in 1992 under NCGS 1436-181.1 (a) (11) to provide a "common funding stream" for a comprehensive and coordinated system of home and community-based services and opportunities for older adults. HCCBG services are available to persons age 60 and older, although the "average" client statewide is nearly 80 years old and the program targets individuals who are socially and economically in need. The Block Grant is administered through the NC Division of Aging and Adult Services and the Area Agencies on Aging. It combines Federal and State funds with a local match. Providers typically use a variety of sources to offer programs such as senior centers, in-home aid services, volunteer coordination, and congregate meals. The Block Grant gives county commissioners discretion in budgeting and administering aging funds. The State recently confirmed $469,299 as the Orange County planning estimate for FY2009-10, an increase of $7,855 from FY2008-09. Additional funds for congregate meals are projected to be available under the federal economic stimulus package but details have not yet been released. Amendments in the Funding Plan can be made over the course of the fiscal year as required. A technical advisory committee of HCCBG fund recipients -Aging, Social Services, and Senior Care of Orange County, Inc. -convened by the Assistant County Manager and the Triangle J Area Agency on Aging Director has met to review program status for FY2008-09 and develop a proposed Funding Plan for FY2009-10. 2 A minor change in the Funding Plan for next year is to reassign the Afro-American Dementia Outreach Project from separate status to program element under Information, Outreach and Case Assistance in the Department on Aging. The principal change in the Funding Plan involves the Department on Aging using an HCCBG allotment to assume operational responsibility for providing congregate meals at the two senior center sites. In prior years Joint Orange Chatham Community Action Agency (JOCCA) was the recipient who provided these services through a contract caterer. The transition from JOCCA to Aging has been planned and coordinated between the two agencies over the past year with advice and assistance from a Food Services Innovation Committee consisting of representatives from the Friends of Senior Centers, the Advisory Board on Aging, Budget and the County Manager's Office. The transition -which continues a contract caterer under Aging -ultimately responds to requests to modernize and localize the congregate meal experience such as enhanced meal options, better use of existing kitchen facilities, inclusion of local foodstuffs, and the potential to train Work First clients in the culinary arts. The overall funding arrangement to allow Aging to assume responsibility for the congregate meal program is contained within its departmental budget request for FY2009-10. FINANCIAL IMPACT: The Home and Community Care Block Grant for FY2009-10 provides for a total of $469,299 in State funding to support a network of aging services throughout Orange County. The required match is provided through in-kind contributions within Departmental operating budgets. RECOMMENDATION(S): The Manager recommends the Board approve the Home and Community Care Block Grant Funding Plan for FY2009-10 in the amount of $469,299 and authorize the Chair to sign the grant documents. 0 Home and Community Care Block Grant Funding Plan Programs Block Grant Recommended Funding Block Grant 08-09 Funding 09-10 Aging Congregate Nutrition $109,455 $109,455 Department on Aging will operate two large Congregate Meal Sites located in Orange County's two new multipurpose senior centers in Chapel Hill and Hillsborough. A Food Service Director. will oversee the nutrition program with a site manager, located at each site with responsibilities for the daily operation of nutrition programs and meals. Dept on Aging staff work with nutrition participants on a variety of needs including in home care, retirement benefits, health and nutrition ,legal and financial assistance, older worker employment and recreation/leisure ro rams DSS In-Home Aid Services $51,934 $54,886 Home and Community Block Grant enables low- income, minority individuals to defer or prevent institutionalization by providing quality services to meet basic needs. These services include the performance of essential home management and personal care tasks rendered under guidance and su ervision. Aginq . Senior Center Operations $ 76,494 $76,494 Grant funds pay a portion of the salaries of the Facility Managers at the two multi-purpose Senior Centers o erated b the De artment on A in . Aginq Transportation (OPT) $ 73,394 $73,394 Daily Fixed transportation routes are provided for seniors to attend activities and services at two new multipurpose Senior Centers, one in Chapel Hill and the other in Hillsborough that include the daily nutrition ro ram 0 Programs Block Grant Recommended Funding Block Grant 08-09 Funding 09-10 Aaina Information, Outreach, and Case Assistance HCCBG pays a portion of each full time staff $ 53,283 $53,283 person's salary to offer: Information and helpline; office and in-home consultations for assessment, care planning, follow-up, care coordination, and Medicare and benefits navigation. These funds enable outreach to underserved populations and community education about dementia. Information, Outreach, and Case Assistance is now guided by the NC Community Resource Connection Grant which seeks to: minimize consumer confusion in accessing resources, enhance consumer choice, support informed decision making, and increase cost effectiveness of long-term care support systems. The Dementia Outreach Program is working with local churches to provide group respite using the senior center model piloted with these funds. This model offers therapeutic care for de endent seniors for under $4.00 er unit hour. Aging In-Home Services $ 79,908 $ 82,860 This grant is used to enable county residents with low-incomes, especially minority and under-served individuals who do not qualify for Medicaid, to receive in-home personal care services to enable them to continue living safely in their homes and postpone institutionalization. Aging utilizes In-home aides as one component of an overall care plan. Weekly hours range from 4-15 in an effort to serve as many individuals as possible with this funding. Senior Care of Orange Countv. Inc. $16,976 $18,927 Adult Day Care Provide temporary relief for unpaid caregivers of individuals who can benefit from assistance and supervision in a community facility setting. Total $461,444 $469,299 ~~~q _~o0 9 ~f DOA-735 (revised 6/09) July 1, 2009 Through June 30, 2010 Home and Community Care Block Grant for Older Adults Agreement for the Provision of County-Based Aging Services This Agreement, entered into as of this 1St day of July 2009, by and between the County of Orange (hereinafter referred to as the "County") and the Triangle J Council of Governments' Area Agency on Aging, (hereinafter referred to as the "Area Agency"). Witnesseth That: WHEREAS, the Area Agency and the County agree to the terms and conditions for provision of aging services in connection with activities financed in part by Older Americans Act grant funds, provided to the Area Agency from the United States Department of Health and Human Services through the North Carolina Division of Aging and Adult Services (DAAS) and state appropriations made available to the Area Agency through the North Carolina Division of Aging and Adult Services, as set forth in a) this document, b) the County Funding Plan, as reviewed by the Area Agency and the Division of Aging and Adult Services, c) the Division of Aging and Adult Services Home and Community Care Block Grant Procedures Manual for Community Service Providers, d) the Division of Aging and Adult Services Service Standards Manual, Volumes I through IV, and, e) the Division of Aging and Adult Services Community Service Providers Monitoring Guidelines. NOW THEREFORE, in consideration of these premises, and mutual covenants and agreements hereinafter contained, the parties hereto agree as follows: As provided in the Area Plan, community service providers specified by the county to encourage maximum collocation and coordination of services for older persons is (are) as follows: Central Orange Senior Center Robert and Pearl Seymour Center 1.(a) The Community Service Provider(s), shall be those specified in the County Funding Plan on the Provider Services Summary format(s) (DOA-732) for the period ending June 30, 2010. 2. Availability of Funds. The terms set forth in this Agreement for payment are contingent upon the receipt of Home and Community Care Block Grant funding by the Area Agency. 1of10 DOA-735 (revised 6/09) 3. Grant Administration. The grant administrator for the Area Agency shall be Joan M. Pellettier, Director, Triangle J Area Agency on Aging. The grant administrator for the County shall be Gwen Harvey, Assistant County Manager. 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. Specific responsibilities of the grant administrator for the County are provided in paragraph seven (7) of this Agreement. 4. Services authorized through the County Funding Plan, as specified on the Provider Services Summary format(s) (DOA-732) are to commence no later than July 1, 2009 and shall be undertaken and pursued in such sequence as to assure their expeditious completion. All services required hereunder shall be completed on or before the end of the Agreement period, June 30, 2010. 5. Assi nability and Contracting. The County shall not assign all or any portion of its interest in this Agreement. Any purchase of services with Home and Community Care Block Grant for Older Adults funding shall be carried out in accordance with the procurement and contracting policy of the community services provider or, where applicable, the Area Agency, which does not conflict with procurement and contracting requirements contained in 45 CFR 92.36. 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. 6. Compensation and Payments to the County. 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 the grand total of Block Grant funding, as specified on the Provider Services Summary format (DOA-732). (a) Interim Payments to the County Upon receipt of a written request from the County, the Division of Aging and Adult Services, through the Area Agency, will provide the County Finance Officer with an interim payment equivalent to seventy percent (70%) of one-twelfth (1/12) of the County's Home and Community Care Block Grant allocation by the 22nd of each month. 2 of 10 DOA-735 (revised 6/09) (b) Reimbursement of Service Costs Reimbursement of service costs are carried out as provided in Section 3 of the N.C. Division of Aging and Adult Services Home and Community Care Block Grant Procedures Manual for Community Service Providers, revised February 17, 1997. c) Role of the County Finance Director The County Finance Director shall be responsible for disbursing Home and Community Care Block Grant Funding to Community Service Providers in accordance with procedures specified in the N.C. Division of Aging and Adult Services Home and Community Care Block Grant Manual for Community Service Providers, revised February 17, 1997. (d) Payment of Administration on Aging Nutrition Services Incentive Program (NSIP) Subsidy NSIP subsidy for congregate and home delivered meals will be disbursed by the Division of Aging and Adult Services through the Area Agency to the County on a monthly basis, subject to the availability of funds as specified in Section 3 of the N.C. Division of Aging and Adult Services Home and Community Care Block Grant Procedures Manual for Community Services Providers, revised February 17, 1997. If through the US Department of Agriculture Area Agency on Aging Elections Project, the County elects to receive a portion of its USDA entitlement in the form of surplus commodity foods in lieu of cash, the Area Agency will notify the County in writing of its community valuation upon notification from the Division of Aging and Adult Services. The delivery of commodity and bonus foods is subject to availability. The County will not receive cash entitlement in lieu of commodities that are unavailable or undelivered during the Agreement period. 7. Reallocation of Funds and Budget Revisions. Any reallocation of Block Grant funding between counties shall be voluntary on the part of the County and shall be effective only for the period of the Agreement. The reallocation of Block Grant funds between counties will not affect the allocation of future funding to the County. If during the performance period of the Agreement, the Area Agency determines that a portion of the Block Grant will not be expended, the grant administrator for the County shall be notified in writing by the Area Agency and given the opportunity to make funds available for reallocation to other counties in the Planning and Service Area or elsewhere in the state. The County may authorize community service providers to implement budget revisions, which do not cause the County to fall below minimum budgeting requirements for access, in-home, 3of10 DOA-735 (revised 6/09) congregate, and home delivered meals services, as specified in Division of Aging and Adult Services budget instructions issued to the County. If a budget revision will cause the County to fall below minimum budgeting requirements for any of the aforementioned services, as specified in Division of Aging and Adult Services budgeting instructions issued to the County, the grants administrator for the County shall obtain written approval for the revision from the Area Agency prior to implementation by the community service provider, so as to assure that regional minimum budgeting requirements for the aforementioned services will be met. Unless community services providers have been given the capacity to enter data into the Aging Resources Management System (ARMS), Area Agencies on Aging are responsible for entering amended service data into the Division of Aging Management Information System, as specified in the N.C. Division of Aging and Adult Services Home and Community Care Block Grant Procedures Manual for Community Service Providers, revised February 17, 1997. Monitoring. This Agreement will be monitored to assure that services are being provided in compliance with the N.C. Division of Aging and Adult Services Service Standards Manual, dated July 1, 1992, and the N.C. Division of Aging Home and Community Care Block Grant Procedures Manual for Community Service Providers, revised February 17, 1997. Further, compliance with updated monitoring requirements, as specified in Office of Management and Budget (OMB) Circular A-133 and NC General Statute 143C-6-22 and 23 shall be carried out. Monitoring shall also include compliance with conflict of interest requirements. Monitoring requirements are discussed in Section 308 of the AAA Policies and Procedures Manual (7/1/03). Private non-profit service providers will be monitored to ensure compliance with conflict of interest policies, as stated in DoA Administrative Letter No. 03-14. The monitoring of services provided under this Agreement shall be carried out by the Area Agency on Aging in accordance with its Assessment Plan andlor by the DAAS Program Compliance Representative (PCR). Local Departments of Social Services providing Adult Day Care, Adult Day Health Care, Housing and Home Improvement, and/or In-Home Aide (all levels) through the Home and Community Care Block Grant will receive monitoring by the State PCR. All other services and grantees are monitored by the Area Agency on Aging serving the Counties' PSA. Counties and community service providers will receive a written report of monitoring findings in accordance with procedures established in Section 308 of the AAA Policies and Procedures Manual (7/1/03) and DOA Administrative Letter No. 98-13. Any areas of non-compliance will be addressed in a written corrective action plan with the community service provider. 9. 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. 4 of 10 DOA-735 (revised 6/09) The decision of the LRO is final unless within twenty (20) days of receipt of such decision the Chairman of the Board of Commissioners 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 2101 Mail Service Center 693 Palmer Drive Raleigh, North Carolina 27699-2101 10. 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. 11. Audit. 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 Federal Office of Budget and Management (OMB) Circular A-133. Community service providers as specified in paragraph one (1), who are not units 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 Circular A-133, where applicable. Applicable community service providers must send a copy of their year-end financial statements, and any required audit, to the Area Agency on Aging. Home and Community Care Block Grant providers are not required to submit Activities and Accomplishments Reports. For-profit corporations are not subject to the requirements of OMB Circular A-133, 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 Sof10 DOA-735 (revised 6/09) 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 at http://www.ncauditor.net/nonprofitsite. The following provides a summary of reporting requirements under NCGS 143C-6-22 and 23 and OMB Circular A-133 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 in Certification form and State N/A State or Federal funds Grants Compliance Re- porting <$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) • Greater than $25,000 Certification form and Schedule of N/A and less that $500,000 Grantee Receipts >$25,000 and in State or Federal Funds Schedule of Receipts and Expendi- tures OR Audited Financial Statements in compliance with GAO/GAS (i.e. Yellow Book) • $500,000+ in State funds Audited Financial Statement in May use State funds, but and Federal pass through compliance with GAO/GAS (i.e. not Federal Funds in an amount less than Yellow Book) $500,000 • $500,000+ in State funds Audited Financial Statement in May use State and Federal and $500,000+ in Federal compliance with OMB Circular funds pass through funds (i.e. A-133 (i.e. Single Audit) at least $1,000,000) • Less than $500,000 in State Audited Financial Statement in May use Federal funds, funds and $500,000+ in compliance with OMB Circular but not State funds. Federal pass through funds A-133 (i.e. Single Audit) 6 of 10 DOA-735 (revised 6/09) 12. Audit/Assessment Resolutions and Disallowed Cost. It is further understood that the community service providers are responsible to the Area Agency for clarifying any audit exceptions that may arise from any Area Agency assessment, county or community service provider 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 nine (9). The only exceptions are if the Area Agency on Aging is designated as a community service provider through the County Funding Plan or, if as a part of a procurement process, the Area Agency on Aging enters into a contractual agreement for service provision with a provider, which is in addition to the required County Funding Plan formats. In these exceptions, the Area Agency is responsible for any disallowed costs. The County or Area Agency on Aging can recoup any required payback from the community service provider in the event that payback is due to a community service provider's failure to meet OMB Circular A- 122 requirements, requirements of A-110, requirements of 45CFR, Part 1321, and 45CFR, Part 92, or state eligibility requirements as specified in policy. 13. Indemnity. The County agrees to indemnify and save harmless the Area Agency, its agents, and employees from and against and all loss, cost, damages, expenses, and liability arising out of performance under this Agreement to the extent of errors or omissions of the County. 14. Equal Employment Opportunity and Americans With Disabilities Act Compliance. Both the County and community service providers, as identified in paragraph one (1), shall comply with all federal and state laws relating to equal employment opportunity and accommodation for disability. 15. 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 County 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. 16. Rights in Documents, Materials and Data Produced. The County and community service providers agree that at the discretion of the Area Agency, all reports and other data prepared by or for it under the terms of this 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. 7 of 10 DOA-735 (revised 6/09) 17. 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. 18. 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 therefrom. 19. Officials not to Benefit. No member of or delegate to the Congress of the United States of America, resident Commissioner or employee of the United States Government, shall be entitled to any share or part of this Agreement or any benefits to arise herefrom. 20. Prohibition Against Use of Funds to Influence Le islation. 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. 21. 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. 8 of 10 DOA-735 (revised 6/09) 22. Payment to Community Service Providers by the Area Ag_ency on A~in~. The County authorizes the Area Agency on Aging, in lieu of the County Finance Officer, to provide interim and reimbursement payments to community service providers as prescribed in paragraphs 6(a) and (c) of this Agreement. Services applicable to this authorization are as follows: Community Service Provider Service Senior Care of Orange County, Inc. Adult Day Health Care Adult Day Care This authorization by the County shall be in compliance with requirements set forth in the North Carolina Budget and Fiscal Control Act. The County Finance Officer shall establish controls to account for the receipt and expenditure of Home and Community Care Block Grant Funds. 9 of 10 DOA-735 (revised 6/09) In witness whereof, the Area Agency and the County have executed this Agreement as of the day first written above. Orange County Attest: By: Chairman, Bo of Commissioners Attest: ~ ~~ .._ By. ,, Joan M. Pellettier irby .Bow irector, Area Agency on Aging Executive Director, Triangle J Council of Governments (Lead Regional Organization) Triangle , Council of Governments/Area Agency on Aging 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: J ~ -~ / -v ~~ __ ~ 4~~ Judy A. Weller Finance Director Triangle J Council of Governments (Lead Regional Organizational) 10 of 10