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HomeMy WebLinkAbout2004 S Aging - Contract for Services Provided for Under Title III-E of the Older Americans Act NC Family Caregiver Support Program July 1, 2004 to June 30, 2005CONTRACT FOR SERVICES PROVIDED FOR UNDER TITLE III-E OF THE OLDER AMERICANS ACT (NC FAMILY CAREGIVER SUPPORT PROGRAM) THIS AGREEMENT, entered into as of this lst day of July, 2004, by and between Orange County Department on Aging, (hereinafter referred to as the "Agency") and the Triangle J Council of Governments/Area Agency on Aging, (hereinafter referred to as the "Area Agency"). WITNESSETH THAT: WHEREAS, The Area Agency wishes to have performed and the Agency wishes to provide certain 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. NOW THEREFORE, in consideration of the premises, and mutual covenants and agreements hereinafter contained, the parties hereto agree as follows: Employment of the Agency. The Area Agency hereby agrees to engage the Agency and the Agency hereby agrees to perform the services hereinafter set forth in accordance with the terms and conditions contained herein. 2. Scope of Services. The Agency"shall provide Family Caregiver Support services to caregivers caring for individuals who are 60 years of age or older (and also for grandparents caring for grandchildren under the age of eighteen) residing in Orange County. All services are to be performed in accordance with the Agency's Caregiver Support Plan submitted to the Area Agency, the terms of which are incorporated herein by reference. In addition, the Agency agrees to perform services in full compliance with NC Family Caregiver Support Program requirements. 3. Time of Performance. The services of the Agency are to commence no later than July 1, 2004 and shall be undertaken and pursued in such sequence as to assure their expeditious completion on or before the end of the contract period, June 30, 2005. 4. Contract Administrator. The contract administrator for the Area Agency shall be Joan M. Pellettier, Director, Area Agency on Aging. The contract administrator for the Agency shall be Jerry M. Passmore, Director of Orange County Department on Aging. It is understood and agreed that the administrator for the Agency shall represent the Agency in the performance of this contract. The Agency shall notify The Area Agency if the administrator changes during the contract period. Compensation and Method of Payment. The Agency shall be compensated for the work and services actually performed under this contract by payments to be made monthly by the Area Agency. However, the total compensation and reimbursement to be paid the Agency under this contract shall not exceed the sum of $ 56,292 in grant funds. The terms set forth in this agreement for payment are contingent upon receipt of grant funds from the North Carolina Division of Aging and Adult Services. I 6. Reimbursement of Service Costs. The Agency will report to the Area Agency on Aging, on a monthly basis, and in the form specified by the Area Agency, the allowable expenditures to be reimbursed under this contract. The amount of allowable expenditures reported will be reduced by the amount of program income received for the service for the month reported. The amount of reimbursement due the Agency will be less the percent of local match required, as determined by the NC Division of Aging and Adult Services. 7. Collection of Non-Federal Matching Resources. It is understood that the required non-federal matching resources will be secured by the NC Division of Aging and Adult Services in the form of state funds. A ency's Personnel. The Agency represents that it has, or will secure all personnel required to perform the services provided for under this contract. Such personnel shall not be employees of the Area Agency, nor shall such personnel have been employees of the Area Agency during any time within the twelve (12) month period immediately prior to the date of this contract, except with the express written consent of the Area Agency's Director. The Agency shall procure a fidelity bond for all persons authorized to receive or disburse Project funds. Agency's personnel having access to property or funds belonging to any clients served under this contract should also be bonded in an amount of at least $10,000. Public agencies shall procure a public employees' faithful performance blanket bond. Non-governmental agencies shall procure either a blanket fidelity bond or name schedule fidelity bond. The bond limit for persons authorized to receive and disburse grant funds shall be at least the amount of compensation detailed in paragraph 5 or $100,000, whichever is less. 9. Approval of Subcontract or Assi nability. The Agency shall not assign all or any portion of its interest in this contract. Any purchase of services with Family Caregiver Support grant funds shall be carried out in accordance with the procurement and contracting policy of the Agency or, where applicable, the Area Agency, which does not conflict with procurement and contracting requirements contained in 45 CFR 92.36. 10. Monitoring, Review and Coordination. This Agreement will be monitored to assure that services are being provided in compliance with the N.C. Division of Aging and Adult Services. Further, compliance with updated monitoring requirements, as specified in Office of Management and Budget (OMB) Circular A-133 and NC General Statute 143-6.1 shall be carried out. Monitoring shall also include compliance with conflict of interest requirements. Monitoring requirements are discussed in DoA Administrative Letter No. 03-14 (11/5/03). 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. The Agency will receive a written report of monitoring findings in accordance with procedures established in Section 308 of the AAA Policies and Procedures Manual (July, 1994) 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. 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 hereunder. Area Agency staff will conduct scheduled on-site assessments and may also make unannounced visits for the purpose of evaluating the Agency's work. 11. Accounting. The Agency shall maintain complete accounting records sufficient to document receipts and expenditures of state grant funds under this agreement. All accounting records should be maintained in accordance with the North Carolina Local Government Budget and Fiscal Control Act. 12. Inspections. Authorized representatives of the Area Agency and the North Carolina Division of Aging and Adult Services may at any reasonable times review and inspect the program activities and data collected pursuant to his contract. All reports and computations prepared by or for the Agency shall be made available to authorized representatives of the Area Agency and the North Carolina Division of Aging and Adult Services for inspection and review at any reasonable times. in the Agency's office. Approval and acceptance of such material shall not relieve the Agency of.-; ,. its professional obligation to correct, at its expense, any errors found. 13. Maintenance of Records. The Agency shall maintain all financial and program records as per the requirements of the North Carolina Department of Health and Human Services Office of the Controller (http://www.dhhs.state.nc.us/control/) for inspection by The Area Agency, the North Carolina Division of Aging and Adult Services, and the Comptroller General of the United States, or any of their duly authorized representatives. If any litigation, claim, negotiation, audit or other action involving the Agency's records has been started before the expiration of the minimum required period, the records must be retained until completion of the action and resolution of all issues which arise from it. 14. Compliance with Requirements of The Area Agency United States Department of Health and Human Services and North Carolina Division of A ing and Adult Services. The Agency agrees that it is fully cognizant of the rules and regulations promulgated pursuant to Title III-E of the Older Americans Act of 1965, as amended, and that all services will be performed in compliance with such existing regulations and any such regulations validly promulgated subsequent to the execution of this agreement. 15. Data to be Furnished to the Agency. 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 contract by the Agency shall be furnished to the Agency without charge by the Area Agency. The Area Agency, its agents and employees, shall fully cooperate with the Agency in the performance of the Agency's obligations under this contract. 16. Rights in Documents. Materials and Data Produced. Agency agrees that at the discretion of the Area Agency, all reports and other data prepared by or for it under the terms of this contract 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 Agency shall have the right to use same without restriction or limitation and without compensation to the other. For the purposes of this contract, "data" includes sound recordings, or other graphic representations, and works of similar nature. No reports or other documents produced in whole or in part under this contract shall be the subject of an application for copyright by or on behalf of the Agency. 17. Identification of Document. All reports, and other documents completed as part of this contract shall bear on title pages of such report, or document, the following legend: "Prepared by A enc Name under contract with Triangle J Council of Governments/Area Agency on Aging". The date (month and year) in which the document was prepared and source of grant funds shall also be shown. 18. Interest of Agency. The Agency covenants that neither the Agency 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 Agency's service hereunder in an impartial and unbiased manner. The Agency further covenants that in the performance of this contract no person having any such interest shall be employed by the Agency as an agent, subcontractor or ;;. otherwise. ~~ . ~, ~19. Interest of Members of The Area Agency and Others. No officer, member or employee of the Area Agency, 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 contract 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 persor. have arty interest, direct or indirect, in this contract or the proceeds arising therefrom. 20. 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 contract or any benefits to arise herefrom. 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 Agency to engage in any activity designed to influence legislation or appropriations pending before Congress. 22. Equal Employment Opportunity and Americans With Disabilities Act Compliance. The Agency shall comply with all federal and state laws relating to equal employment opportunity and accommodation for disability. 23. 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 Program Audit Guide for Aging Services and Federal Office of Budget and Management (OMB) Circular A-133. Community service providers must provide a copy of their audit and/or year end financial statements to the Area Agency on Aging. Community service providers, as specified in paragraph one (1) are subject to audit and fiscal reporting requirements as stated in 2003 4 revisions to OMB Circular A-133 and NC General Statute 143-6.1, where applicable. 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 Yellow Book audit requirements. Federal funds may not be used to pay for a Single or Yellow Book audit unless it a federal requirement. State funds will not be used to pay for a Single or Yellow Book audit if the provider receives less than $300,000 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/webproject/default asp nonprofit. Particular attention should be given to: • Audit Advisory # 2: Rewrite of G.S. 143-6.1 • Memorandum NGO- l : "Grantee Receipt and Expenditure Reports" • Memorandum NGO-2: "Grantee Audit Reports" • Memorandum NGO-3: "Questions and Answers" The following provides a summary of reporting requirements under NCGS 143-6.1 and OMB Circular A-133 based upon funding received and expended during the service provider's fiscal year. Annual Expenditures • Less than $15,000 Annual Expenditures • $15,000 - $299,999 Report Reauired None, records can be monitored Report Reauired Grantee Receipts Report & Certification and Sworn Statement Allowable Cost for Reporting N/A Allowable Cost for Reporting May use State funds but not Federal • $300,00+ in State funds, Audited Financial State- May use State funds but not Federal includes Federal pass ment in compliance with through funds where ex- GAO/GAS (i.e. Yellow penditures are less than Book) $500,000. • $300,000+ in State funds, Audited Financial State- May use State and Federal funds includes Federal pass ment in compliance with through funds where ex- OMB Circular A-133 penditures exceed $500,000 24. AudidAssessment Resolutions and Disallowed Costs. It is further understood that the Agency is responsible to The Area Agency for clarifying any audit exceptions that may arise from any assessment, Agency single or financial audit, or audits conducted by the State or Federal Governments. In the event the Area Agency or the North Carolina Department of Health and Human Services disallows any expenditures of grant funds made by the Agency for any reason, the Agency shall promptly reimburse such funds to the Area Agency. The Area Agency may also 5 withhold future payments under this or any other contract with the Agency until the audit exceptions are cleared. 25. Indemnity. The Agency agrees to indemnify and save harmless the Area Agency, its agents and employees from and against any and all loss, cost, damages, expense and liability caused by the failure of the Agency to fully perform its obligation under this agreement and in accordance with its terms. 26. Changes. The Area Agency may require changes in the work and services that the Agency is to perform hereunder. Such changes, including any increase or decrease in the amount of the Agency's compensation, which are mutually agreed upon by and between the Area Agency and the Agency, shall be incorporated in written amendments to this contract. 27. Termination of Contract for Cause. If through any cause, the Agency shall fail to fulfill in a timely and proper manner its obligations under this contract, or if the Agency has or shall violate any of the covenants, agreements, representations or stipulations of this contract, the Area Agency shall therefore have the right to terminate this contract by giving written notice to the Agency of such termination and specifying the effective date thereof. In such event, all finished documents and other materials collected or produced under this contract shall at the option of the Area Agency, become its property. The Agency shall be entitled to receive just and equitable compensation for any work satisfactorily performed under this contract, except to the extent such work must be duplicated in order to complete the contract. Notwithstanding the foregoing, the Agency shall not be relieved of liability to the Area Agency for damages .sustained by The Area Agency by virtue of any breach of this contract by the Agency and the Area Agency may withhold payment of any additional sums as security for payment of damages caused by the Agency's breach, until such time as the exact amount of the damages resulting from such breach is determined. 28. Termination for Convenience. The Area Agency may terminate this contract for the convenience of the Area Agency at any time by giving written notice to the Agency of such termination and specifying the date thereof, no fewer than fifteen (15) days prior to the effective date of such termination. In that event, all finished or unfinished documents and other materials produced or collected shall, at the option of the Area Agency, become the property of the Area Agency. If this contract is terminated by The Area Agency as provided in this paragraph, the Agency will be paid the grant reimbursement percentage, described in paragraph 5, of the actual allowable expenses that have been incurred by the Agency prior to the effective date of such termination, less payments of compensation previously made by the Area Agency. Provided, however, if this contract is terminated because of default by the Agency the provisions of paragraph 26 hereof shall prevail. 4 29. Annlicable Law. This contract 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 parties have caused this agreement to be executed by its designated officials pursuant to specific resolutions of their respective governing bodies or boards, as of the day and year first above written. Agency: Orange County Department on Aging Je . P ssmore ire or Triangle J Council of Governments/Area Agency on Aging By: y: Dee A Freeman Executive Director Joan M. Pellettier Area Agency on Aging Director 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: ~,n~ • ~~ Angela V. M. Lewis, Finance Officer, Triangle J Council of Governments 7 3