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HomeMy WebLinkAboutS Grant Home and Community Care Block GrantDOA -735 (revised 3/00) July 1, 2001 Through June 30, 2002 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 1" day of July, 2001, 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 state appropriations made available to the Area Agency through the North Carolina Division of Aging, as set forth in a) this document, b) the County Funding Plan, as reviewed by the Area Agency and the Division of Aging, c) the Division of Aging Home and Community Care Block Grant Procedures Manual for Community Service Providers, d) the Division of Aging Service Standards Manual, Volumes I through IV, and, e) the Division of Aging 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: 1. As provided in the Area Plan, the facilities designated in the County to encourage maximum collocation and coordination of services for older persons is (are) as follows: Southern Orange Senior Center Carrboro Senior Center Northern orange Senior Center Chapel Hill Senior 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, 2002. 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. DOA -735 (revised 3/00) 3. Grant Administration. The grant administrator for the Area Agency shall be. be David Moser, Director, of the Triangle J Area Agency on Aging. The grant administrator for the County shall be Albert Kittrell, 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, 2001 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, 2002. 5. Assignability 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. 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 Summa_ry format (DOA -732). (a) Interim Payments to the County Upon receipt of a written request from the County, the Division of Aging, through the Area Agency, will provide the County Finance Officer with an interim payment equivalent to seventy percent (70 %) of one - twelfth R/ 12) of the County's Home and Community Care Block Grant allocation by the 22nd of each month. 2 DOA -735 (revised 3/00) (b) Reimbursement of Service Costs Reimbursement of service costs are carried out as provided in Section 3 of the N.C. Division of Aging 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 Home and Community Care Block Grant Manual for Community Service Providers, revised February 17, 1997. (d) Payment of United States Department of Agriculture (USDA) Subsidy USDA subsidy for congregate and home delivered meals will be disbursed by the Division of Aging 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 Home and Community Care Block Grant Procedures Manual for Community Services Providers, revised February 17, 1997. If through the USDA 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. 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. 3 DOA -735 (revised 3/00) 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, congregate, and home delivered meals services, as specified in Division of Aging 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 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 Home and Community Care Block Grant Procedures Manual for Community Service Providers, revised February 17, 1997. 8. Monitoring. This Agreement will be monitored to assure that services are being provided in compliance with the N.C. Division of Aging 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. The monitoring of services provided under this Agreement shall be carried out by the Area Agency on Aging in accordance with its Assessment Plan and /or Regional DSS Adult Program Representatives in accordance with the interagency agreement established between the Division of Aging and the Division of Social Services. Counties and community service providers will receive a written report of monitoring findings in accordance with procedures established between the Division of Aging and the Division of Social Services. 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. 0 DOA -735 (revised 3/00) 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, with a copy sent to the Area Agency. The request for appeal shall state the exact nature of the complaint. The Division of Aging 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. The state agency address is as follows: Director North Carolina Division of Aging 2101 Mail Service Center 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 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 expend a total of $300,000 or more in federal financial assistance from all sources, effective July 1, 1996, or state financial assistance from all sources, effective July 1, 1997, shall obtain an independent audit for that year which follows audit requirements defined by OMB Circular A -133, revised June 24, 1997. Federal funds will not participate in the costs of audits where federal expenditures are less than $300,000 from all sources. 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 May, 1998) shall apply. Submission time frames 5 DOA -735 (revised 3/00) for audits or other fiscal reports are specified in the aforementioned statutes and requirements. For -profit community service providers expending federal or state financial assistance funds which meet the aforementioned $300,000 threshold shall have an audit which meets the requirements of A -133. Upon completion of the audit, private non - profit and for - profit community service providers shall deliver to the County and the Area Agency a copy of the audit report, any opinion letter, and management letter. Any audit requirements of for profit providers expending less than $300,000 in financial assistance funding shall be agreed to and stated in the service contract. Audit requirements for public agencies are specified in G.S. 159-34. Community service providers receiving Home and Community Care Block Grant funding in an amount less than the aforementioned $300,000 threshold may be subject to fiscal monitoring, as deemed appropriate by the Department of Health and Human Services. The County agrees to submit to any additional review deemed necessary by the Area Agency, the State of North Carolina, or the Federal Government in accordance with provisions of the Single Audit Act or North Carolina General Statutes including policies enacted by the Office of the State Auditor. The County further agrees that all pertinent financial records shall be made available for copying upon request by the State or Federal Governments, or their agents. 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. L DOA -735 (revised 3/00) 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. E4u d Employment Opportunity and Americans With Disabilities Act Compliance. Both the County and community service providers, as identified in paragraph one (1), 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 County shall comply with Title VI of the Civil Rights Act of 1964 (P.L. 88- 352 and 42 USC 2000 d) and all requirements imposed by or pursuant to the Regulation to assure that contractors and applicants selected for employment are treated during employment without regard to their race, color, handicap, religion, 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 County certifies that it presently has in effect an affirmative action program. The County 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 County shall in all solicitations or advertisements for contractors or employees placed by or on behalf of the County state that the County is an "Equal Opportunity Employer ". No distinction shall be made 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 Older Americans Act funds. (This provision excludes age since the Older Americans Act serves only older persons by design and by law). The County 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 County agrees to comply with such guidelines as the Area Agency or Division of Aging may issue to implement the requirements of this paragraph. 7 DOA -735 (revised 3/00) 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. 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. DOA -735 (revised 4/97) This page will be utilized when the Area Agency is designated by County to write checks to community service providers. 22. Payment to Community Service Providers by the Area Agency on Aging. The County authorizes the Area Agency on Aging, in lieu of the County Finance Officer, to provide interium 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 JOCCA Congregate Nutrition 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. 8(a) DOA -735 (revised 3/00) 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. E DOA -735 (revised 3/00) In witness whereof, the Area Agency and the County have executed this Agreement as of the day first written above. Orange Countv Attest: By: Chairman, Board of Commissioners Area Agency Attest: _ By: Area Agency Director Executive Director, Lead Regional Organization 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: 4A4'e-4 V 'A • /% .tJs FINANCE OFFICER, Lead Regional Organization ffel