HomeMy WebLinkAbout2014-138 Aging - CCAP, Inc. for VITA RESEARCH SQkt' 9
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GRANT AWARD AGREEMENT
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This agreement is made this 4th day of February by and between CCAP, Inc., having an
address of 316 Green Street, Fayetteville, NC 28301, (Corporation) and Orange County
on behalf of Orange County RSVP (Grantee), having an address of 2551 Homestead
Road, Chapel Hill NC 27516.
The Corporation hereby grants an award of 8085 to the Grantee for support of the
Grantee's services related to CCAP, Inc. programs, projects and communications. In
consideration of the mutual benefit to be derived by both parties, the parties agree as
follows:
1. Term: A period beginning on July 1, 2013 and ending on June 30, 2014, unless
earlier terminated as provided herein.
2. Grant Award parameters for Federal VITA Grant Funds:
A. VITA Grant Eligible Activities: VITA Grant award funds must be used for the
express purpose of supporting the Grantee's work in the following areas
during the term set forth in paragraph 1, following all rules, regulations, and
reporting requirements as set forth in IRS Publication 4671: VITA Grant 2014
Program Overview and Application Package:
a) Operation of a VITA free income tax preparation program in conformity
with IRS requirements, including allowable community outreach activities;
B. VITA Grant Eligible Expenses: Allowable and unallowable expenses covered
by the VITA grant are specified in IRS Publication 4671, referenced above.
As specified by the IRS Grants Office, all expenses under this sub-award
must be allowable and documented in conformity with the requirements of
IRS Publication 4671 and must conform to Generally Accepted Accounting
Principles (GAAP). Attached to this contract is a list of allowable and
unallowable expenses to provide guidance, but since it cannot cover all
possible expenses, Grantees should refer.to Publication 4671 and/or consult
with CCAP, Inc. staff to ensure that all expenses meet IRS guidelines.
Questions may be referred to Kim Stafford via email: kcstafforda-ccap-inc.org
or phone (910) 485-6131 Ext. 1111.
C. VITA Grant Payment Terms: Payment of eligible expenses will be provided
on a reimbursement basis. An exception may be made to cover the cost of a
major purchase for technology and equipment, for example computer
equipment. In order to receive an advance payment for a major purchase,
the invoice must be accompanied by a formal estimate from the vendor and
then the actual purchase must be made within three days of the Grantee's
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receipt of funds. If a major equipment purchase is invoiced prior to. actual
purchase, a copy of the receipt for the actual purchase must be submitted to
CCAP, Inc. immediately following the purchase, the invoice must be
accompanied by a formal estimate from the vendor and then the actual
purchase must be submitted to CCAP, Inc. immediately following the
purchase. Purchases of computers may not exceed the IRS limit of $1,000
per computer. All invoices require appropriate documentation of both cash
and matching funds expenses, including submission of copies of all receipts
for reimbursement attached to the invoice form (sample) provided by CCAP,
Inc. All budget and narrative reporting forms must be submitted in
accordance with the attached timeline and using required forms. Failure to
submit required reports according to the due dates may be cause for denial of
any requested payment or reimbursement, for termination of this contract
and/or disqualification from participating in the VITA grant program now or in
future years.
These grant funds are not eligible for sub-granting to other entities. Grantee will
maintain records of receipts and disbursements specific to this project, and it will
make such books and records available to CCAP, Inc. or its representative upon
request. Grantees may invoice for expenses after the following conditions are met:
1) the Grantee has signed both contracts provided by CCAP, Inc. and returned one
original copy of the signed contract to CCAP, Inc.; 2) a VITA project budget has
been submitted and approved by CCAP, Inc.; 3) a separate invoice and cover letter
with appropriate documentation of expenses has been submitted and approved; and
4) the Grantee has provided a signed W-9 form if CCAP, Inc. does not have an up-
to-date W-9 form on file.
3. Payment Terms: Invoices and copies of all receipts must be sent to CCAP, Inc.
using one of the following methods: 1) mail to CCAP, Inc. Accounts Payable,
Attention: Kimberly Stafford, CFO, P.O. Box 2009, Fayetteville, NC28302; or 2)
send by fax to (910) 485-7479, Attention Kimberly Stafford. The Corporation shall
make payment to the named Grantee within 30 days of an approved invoice.
4. Reporting: Grantee agrees to respond to requests for program outcome and tax site
customer survey data, including the following:
.A. Collect tax site customer demographic and survey data by one of the
following means:
a) Enter tax site customer survey questions into TaxWise preparer use
fields and use the available reports available through TaxWise, whether
desktop or on-line, to report survey data; and/or
b) Collect and tabulate VITA site customer data through hard copies of
survey forms provided by VITA clients.
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B. Track additional data, such as number of volunteers and volunteer hours, as
is required to complete the annual narrative report provided under separate
cover;
C. Provide program and financial reports for the grant period using the provided
financial and narrative report forms and according to the schedule provided
by CCAP, Inc.
By accepting this grant, the Grantee agrees to participate fully in the data collection
and evaluation of the project, as specified by CCAP, Inc. in order to meet its
reporting obligations to the IRS. Your contact at the Corporation for questions
related to this contract is Tiffany Thompson, (910) 323-3192 or
tiffany.thompson(a-ccap-inc.orq.
5. Indemnification: Unless otherwise prohibited by law, Grantee agrees to indemnify,
defend, and hold harmless the Corporation, its employees, directors, officers and
trustees, from and against any and all claims, liens, demands, damages, liability,
actions, causes of action, losses, judgments, costs and expenses of every nature
(including investigation costs, settlement costs and attorneys' fees and expenses
incident thereto) sustained by or asserted against the Corporation arising out of,
resulting from, or attributable to the negligence, error, or omission on the part of the
Grantee, provided that the Grantee shall not be liable hereunder to indemnify the
Corporation against liability for damages arising out of bodily injury to persons or
damage to property covered by or resulting from the sole negligence or willful
misconduct of the Corporation, its agents, or employees.
6. Ownership of Intellectual Property: It is expressly agreed that all documents,
records, reports, publications, sketches, designs, film, photography, and intellectual
property, including patents or trademarks, arising out of or resulting from work
performed or developed by the Grantee, or any subcontractor of the Grantee, for the
Corporation, shall be owned by the Corporation. All print and electronic rights are
owned by the Corporation. It is further understood that this material may be posted
on the Corporation's internal server (intranet) and external web site at some future
date. Prior to subcontracting any work under this agreement, Grantee must receive
written permission from the Corporation and Grantee must require that any
subcontractors assign to the Corporation their rights to any work developed under
the subcontract.
7. Confidentiality: Grantee agrees that the Grantee and its employees and agents shall
not (without first obtaining the prior written consent of the Corporation) during the
term of this Agreement or thereafter, disclose, make commercial or other use of,
give or sell to any person, firm or corporation, any proprietary and confidential
information which is marked confidential received directly or indirectly from the
Corporation or acquired or developed in the course of this Agreement.
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8. Applicable Law: This Agreement shall be construed, and the legal relations between
the parties shall be determined under the laws of the State of North Carolina with
jurisdiction in the State and Federal Courts of North Carolina.
9. Other Consulting: Nothing in this Agreement shall be deemed to interfere with the
Grantee's right to engage in consulting with other parties.
10.Termination: Either party may terminate this Agreement without cause by giving the
other party 30 days written notice. Either party may terminate this Agreement
immediately for nonperformance or a material breach of Agreement. Upon
termination, the Corporation shall be entitled to receive all completed and
uncompleted designs, plans, suggestions, ideas, and all other information and
documents which the Grantee and its employees or agents have made or developed
hereunder up to the termination date. Payment will be made for work completed up
to the termination date, provided the work is completed to the sole satisfaction of the
Corporation. No payment will be made for work completed after notice of
termination unless otherwise agreed in writing by the parties. Furthermore, upon
termination of this Agreement, the Grantee shall immediately return to the
Corporation any or all advanced moneys unexpended at the time of termination.
Any provision or obligation of this contract, which shall need to or be deemed to
survive termination or expiration of this contract in order to give full effect hereunder,
shall so survive the termination or expiration of this contract.
11.Independent Contractor: Nothing in this Agreement shall be construed to create an
employer/employee relationship between the parties, and Grantee shall be deemed
to be at all times an independent contractor. Grantee shall not be considered an
employee of the Corporation under any of the Corporation's employee benefit
programs or for purposes of federal income tax withholding, the Federal Insurance
Contributions Act, the Social Security Act, or the Federal Unemployment Tax Act.
Grantee shall not represent that he/she is an employee of the Corporation.
12.Taxes: If Grantee or Grantee's organization is not incorporated, the Corporation will
inform Grantee of the total amount of payments made to Grantee on a calendar year
basis during January of the following year and report such payments to the Internal
Revenue Service as required by law. It will be Grantee's responsibility to comply
with federal, state, and local self-employment and income tax laws.
13.Government Officials: Federal law prohibits the Corporation from paying honoraria
to certain governmental officials as defined by the Internal Revenue Code.
University employees are not considered government employees/officials for
purposes of this Agreement. This Agreement is entered into the mutual
understanding that Grantee is not a government official. Grantee must immediately
notify the Corporation of any change in status which might make the Grantee qualify
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as a government official. In the event Grantee is or becomes a government official,
this Agreement shall become null and void.
14.Legal Compliance: Grantee agrees to comply-with all applicable local, state, and
federal laws and regulations.
15.Insurance: Grantee shall maintain insurance coverage appropriate to this Project
and to the satisfaction of the Corporation.
16.Entire Agreement: This agreement supersedes and cancels all prior negotiations,
writings, and commitments, and understandings. If any, between the Corporation
and the Grantee and contains the entire agreement between the parties with respect
to the Project.
17.English Language Version Controls: In the event that this Agreement is executed in
any language other than English, the parties shall simultaneously execute an
English language version of the Agreement. The English language version of the
Agreement will control for all legal purposes.
Signature Page follows.
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GRANT AWARD AGREEMENT
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Signature Page
IN WITNESS HEREOF, the parties have executed this Agreement effective on the date
stated above. By signing this contract, signer represents that he/she is authorized to
sign on behalf of the Grantee organization or the Corporation.
GRANTEE:
Signed:
Printed Name:
Title: Coo 4 a
Date: 4
Address: b �I 1
Phone:
Fax:
E-mail:
I am_�X /am not a U.S. citizen.
Recipient's country of residence if not a U.S. Citizen:
CCAP, INC
Signed:
Printed Name: Cynthia Wilson
Title: Chief Executive Officer j
Date: /y"
/
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This instrument has been approved as to technical content.
nice yler, Depapiment Director
This instrument has been pre-audited in the manner required by the Local Government Budget and
Fiscal Control Act.
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Office of the Finance Director
Th Ns been approved as to form and legal sufficiency.
Off+ of the 6ounty Attorney