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HomeMy WebLinkAbout2002 S Aging - Family Caregiver Support Program Contract with Triangle J Council of Governments (TJCOG)ar ~~~ CONTRACT FOR SERVICES PROVIDED FOR O 9 UNDER TITLE III-E OF THE OLDER AMERICANS ACT (NC FAMILY CAREGIVER SUPPORT PROGRAM) THIS AGREEMENT, entered into as of this 5th day of December, 2001, by and between Orange County/[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; NOW THEREFORE, in consideration of the premises, and mutual covenants and agreements hereinafter contained, the parties hereto agree as follows: 1. Employment of the A eg_ncy. 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 December 5, 2001 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, 2002. 4. Contract Administrator. The contract administrator for the Area Agency shall be _David Moser, Area Agency on Aging Director. The contract administrator for the Agency shall be Terri Prots, Executive Director of the Moore County Department of 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. 5. 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 $30,120 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. 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 fo 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 80% of the remainder which represents the grant share of costs reported for the service. 7. Collection of Non-Federal Matching Resources. Recognizing its obligation to provide matching resources under this agreement, the Agency hereby agrees to secure and contribute to the service local cash matching resources of not less than twenty percent (20%) of the total service costs. In no case shall the local match directly or indirectly consist of federal funds from any source nor may any of the funds paid the Agency hereunder be used to match any other federal or state funds. 8. Agency'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 Assignability. 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. Review and Coordination. 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. The Area Agency's 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 grant and matching 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 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 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 in the work. 13. Maintenance of Records. The Agency shall maintain all financial and program records for a period of three (3) years from the date of final payment under this contract, for inspection by The Area Agency, the North Carolina Division of Aging, 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 three-year 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 Aging. The Agency agrees that it is fully cognizant of the rules and regulations promulgated pursuant to Title IQ.-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 (Agency Name) under contract with Triangle 7 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 person have any 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 Emploxment Op op rtunity and Americans With Disabilities Act Compliance. The Agency shall comply with the requirements of this paragraph. No contractor, employee, or applicant for employment shall be discriminated against because of race, color, handicap, religion, age, sex or national origin. The Agency shall comply with Title VI of the Civil Rights Act of 1964 (P.L. 88-352) and all requirements imposed by or pursuant to the Regulation to assure that subcontractors and applicants selected for employment are treated during employment without regard to their race, color, handicap, religion, age, sex, or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotions, or transfers; recruitment or recruitment advertising; layoffs or terminations; rates of pay or other forms of compensation; selection for training including apprenticeship; and participation in recreational and educational activities. The Agency certifies that it presently has in effect an affirmative action program. The Agency agrees to post in a conspicuous place available to employees and applicants for employment, notices setting forth the provisions of this non-discrimination clause. The Agency shall in all solicitations or advertisements for subcontractors or employees placed by or on behalf of the Agency, state that the Agency is an "Equal Opportunity Employer". The Agency shall make no distinction because of race, color, handicap, religion, sex or national origin in providing to eligible individuals any services or other benefits under projects financed in whole or in part with funds provided under this contract. (This provision excludes age since these funds are allocated to serve only older persons by design and by law.) The Agency shall comply, and assures compliance by any contractor or subgrantee receiving funds through this Agreement, with the Americans With Disabilities Act of 1990, and with requirements contained in applicable federal regulations, guidelines and rules to ensure a policy of nondiscrimination for service recipients, employees and applicants for employment. The Agency agrees to comply with such guidelines as the Area Agency or the North Carolina Division of Aging may issue to implement the requirements of this paragraph. 23. Audit. If the Agency expends a total of $300,000 or more from all federal sources, as defined in OMB Circular A-133 (effective July 1, 1996), the Agency agrees to have an annual independent audit which meets the requirements of the Division of Aging Program Audit Guide for Aging Services, applicable North Cazolina General Statutes and Local Government Commission requirements, and OMB Circular A-133 and OMB Circular A-87 or A-122. The audit is to be completed within six (6) months of the close of the Agency's fiscal year. Upon completion of the audit, the Agency shall deliver to the Area Agency a copy of the audit and any opinion letter and management letter. If the Agency receives federal funding in an amount less than the $300,000 threshold, the Agency may be subject to fiscal monitoring, as deemed necessary by the Area Agency and the North Cazolina Department of Health and Human Services. For providers expending less than $300,000 in state financial assistance awards as of July 1, 1997, audit and reporting provisions established by G.S. 143-6.1 and State Audit Advisory No. 2 (revised October, 1997) shall apply. The Agency agrees to submit to any additional review and document requests deemed necessary by the Area Agency, the State of North Carolina, or the Federal Government in accordance with provisions of-the Single Audit Act. The Agency further agrees that all pertinent financial records shall be made available for copying upon request by the State or Federal Governments, or their agents. 24. Audit/Assessment 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 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 which 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. 29. Applicable 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 By: _ Chairma d of mmissioners -~!, Tria le J Council of Governments/Area Agency on Aging Executive Director 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. Finance Officer Triangle J Council of Governments Orange County Proposal ,For National Farrzzly Caregiver Support Program Funds Subrnitted to Triangle J Council of GovernmentsArea Agency on Aging November 27, 200X Background Triangle J Area Agency on Aging has received National Family Caregiver Support Funds from the Reauthorization of the Older Americans Act to be distributed to all counties in Region J. The purpose of these funds is to support respite services for family caregivers of adults aged 60 and older which may include: (l) Infozmation regarding services to caregivers, (2) Assistance to caregivers in accessing those services, (3) Caregiver training, support groups, individual counseling, (4) Respite care and (5) Supplemental services. 1Etespxte is defined as providing a sitter, at home or other care location, which relieves the family/unpaid primary caregiver(s) of a person, aged 60+ from direct care responsibilities for a short time. The duration can be from a half hour to several days under various circumstances. 7n a fully developed county respite service program, different fornnats (in and out of home, short and long team, etc.) would be available to meet the needs of the different types of caregiving situations. Orange County has been allocated a minimum of $26,667 for FY2002 which includes a $5,000 Iocal match, either cash or in-kind. Each County is responsible for establishing a work group that would prepare a respite service pzoposal and submit it to the ztegion J Aging Advisory Council for approval by December 2001. To be funded, proposed county respite plans must: (1) Serve family/unpaid caregivers of adults aged 60 and over; (2) Give service priority to those in "greatest need;" (3) ~Zeflect longer-term awareness and intention to address the particular needs of-all segments of county caregivers; (4) Allow for "cost-sharing" (client caregiver given opportunity to contribute, but not denied service); (5) Represent at least the initial stage of a respite system approach that is designed to deliver more actual service than the federal dollars could purchase on the service market; (6) Give priority consideration to the utilization of volunteers. 4ran~e County P~annin~ Process During the FY 1999-2000, the Orange County Board of Commissioners approved a process to develop a Master Aging Plan (M.A.P.) for Orange County for the pexiod from July 2000- June 2005. The Commissioners' goal was "to develop and implement a Master Aging Plan (M.A.P.) that would provide a comprehensive and coordinated delivery of community services to senior citizens over the life span who have different levels of functional capacity." To achieve this goal, the County Commissioners established a M.A.P. Task Force in November 1999, comprssed of a Steering Committee and three functional subcommittees: the 'Well-Fit Subcommittee, the U ro~n~{ : Page 1 of 5 to expand its Faith in Action Project, funded by the Robert Wood Johnson. Foundation in January, 2001. The project would not only include 2-4 hours per week of volunteer respite, but provide assistance with household pzojects and yard work to benefit caregivers. It would also include a new "I.7ospitality" program that invites community volunteers to bring ahome- cooked meal to an elderly individual and caregiver. "A Helping Hand" agency would receive funds to employ a Program Coordinator for 10 hours per week to oversee the respite program, and a volunteer recruiter for IO hours per week. "A Helping Hand" would implement the Orange County "WE CARE" Program that focuses on recruitment of groups as well as individual volunteers. They would provide to the Department on Aging a quarterly report documenting the numbez of caregivers, hours of service, charactezistics and other data. Goal: To serve 45 caregiver/fau~ilies with a n~,niznum of 30 volu~ateexs receiving a minitnu~oa of 4 hours trainimg and orienta'on. The contxact would be fox $X1,222 and would cover the following budgeted items: Programs Coordinator (salary/fringe-lOhrs/wk x 26 wks) $ 3,639 Volunteer Recruiter (salary/fringe- 10 hrs/wk x 26 wks) 7,,938 Background checks (30 volunteers @ $16 each)---------- 480 Orientation and Traiming ------------------------------------- 2,100 (12-4hrs sessions @$75/6-2hrs sessions @$200) Office rent (two staff) --------------------------------------- 1,350 Advertising/Pronrtotion --------------------------------------- 500 Copies/prxnting ----------------------------------------------- 1.40 Telephone (25% use) 400 Stipends for paid companions during Y1niv. Holidays- 52S (Substitute- emexgeney ®$7/hr x 75hrs) Mileage 2S0 Total $1.1.,222 2. Group Respite Pilot Program. The Orange County Department's Eldercare Services would be responsible for operating aone-day a week pilot-group respite program. at the Northside Senior Center. This would be done in cooperation with several agencies- JOCCA, DSS, A Helping Hand, Junior League, OPT and others. Participants would be picked at home by volunteers and staff. Goal: To provide 10 full-time caregivers with 5 hours of respite per week. 1Vlethod: • Use the Northside Senior Center as the site for group respite ne day per week -Fridays from 9:30 AM unti12:30 PM. • Use the existing JOCCA nutrition meal program, supplemented with snacks. • Contract with a local agency to hire an aide from 9:00 a.na. to 3:00 p.zn. one day per week. • Utilize existing DOA Eldercare staff to function as on site Program 1vlanager, as outlined in the NC Division of Aging Policies and Procedures for group respite. Utilize Department on Aging staff to provide information, training and counseling to caregivers. l7 ran~.e. ~ Page 3 of 5 Goal; To serve 5 caregivers with 4 hours per week with personal care respite. Projected Cost: Personal care CNA. @ $].3.50 per hour x 20 hours x 20 weeps = $5,400. The total ~espitte Proposal budget is $ 39,256 with a local 23% match. There would be $3,000 cash and $6,1.36 im-kind Department om Aging for space and staff supervision and training for the group respite program. The total budget breakdown is as follows: FederaUState - $30, ].20.00 Local Cash - 3,000.00 Local DOA In-hind - 6.136.00 Total T3udget $ 39,256.00 t9~a„~Z : Page 5 of 5