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HomeMy WebLinkAbout2017-092 Aging - Triangle J Council of Governements for Title III-D HPDP Funds of the Older Americans Act A SERVICE AGREEMENT TITLE III-D HEALTH PROMOTION DISEASE PREVENTION FUND OF THE OLDER AMERICANS ACT This agreement entered into as of this first day of July 2016 by and between the Triangle J Council of Governments Area Agency on Aging(hereinafter referred to as "AAA") and Orange County Department on Aging(herein referred to as the"Grantee"). WITNESSETH THAT: Subject to the terms and conditions hereinafter set forth in this document, the AAA agrees to grant Title III-D Funds to the Grantee for the purpose which is described herein and attached to this document. NOW THEREFORE, in consideration of the premises, and mutual covenants and agreements hereinafter contained, the parties hereto agree as follows: Scope of Services The Grantee agrees to use the funds for such allowable expenses and activities as outlined in the approved service proposal. (Attachment A) Any material changes to the approved service proposal are subject to review and approval by the AAA. Title III-D funds must be used to provide and/or promote one or more Tier III Evidence Based Health Promotion Disease Prevention Programs, as approved by the Administration for Community Living and the NC Division of Aging and Adult services. A list of approved programs is available at https://www.ncoa.org/wp- content/uploads/Title-IIID-Highest-Tier-Evidence-FINAL-7.27.16.pdf. Current training and certification is required to instruct or conduct the evidence-based programs, if such training or certification is a requirement of the evidence-based program. Licensing agreements, fidelity monitoring or continuing education may be required for select programs and these requirements must be met, if applicable. Funds may be used in accordance with the service standards set forth by the NC Division of Aging and Adult Services for Health Promotion/Disease Prevention, as amended 6/1/14. Priorities for Service The Grantee agrees to prioritize the service needs of low income (including low-income minority elderly), rural elderly and elderly with limited English proficiency, as specified by the Older Americans Act, as reauthorized 2016, http://www.aoa.g_ov/AOA pro gr rams/OAA/Reauthorization/2016/docs/Older-Americans- Act-of-1965-Compilation.pdf. Consumer Contributions The Grantee agrees to abide by the Consumer Contribution Policy established by the NC Division of Aging and Adult Services, 1 The monitoring of services provided under this Agreement shall be carried out by the AAA in accordance with its Monitoring Plan, and as specified in DAAS Administrative Letter 12-08. Authorized representatives of the AAA 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 Grantee shall be made available to authorized representatives of the AAA and the North Carolina Division of Aging and Adult Services for inspection and review at any reasonable times in the Grantee's office. Approval and acceptance of such material shall not relieve the Grantee of its professional obligation to correct, at its expense, any errors found. To ensure adequate review and evaluation of the work and proper coordination among interested parties, the AAA shall be kept fully informed concerning the progress of the work and services performed. Grantee's Personnel The Grantee represents that it has, or will secure all personnel required to perform the services provided for under this contract. The Grantee shall be considered as an independent contractor with responsibility for maintaining liability and other relevant insurance coverage. This agreement is not intended nor to be construed as an employer/employee arrangement. Accounting The Grantee shall maintain complete accounting records sufficient to document receipts and expenditures of grant funds under this agreement. All accounting records should be maintained in accordance with the North Carolina Local Government Budget and Fiscal Control Act. Reporting The Grantee agrees to maintain records and comply with all reporting requirements of the AAA and the NC Division of Aging and Adult Services, including but not limited to quarterly reporting of individuals served, providing copies of credentials of leaders and lay leaders and a schedule of planned classes or activities. Select Evidence-Based Health Promotion Disease Prevention programs may have reporting requirements outside of this agreement. Approval of Subcontract or Assignability Any purchase of services with grant funds shall be carried out in accordance with the procurement and contracting policy of the Grantee,provided it does not conflict with procurement and contracting requirements contained in 45 CFR 92.36. (b)(11). The Grantee shall not assign all or any portion of its interest in this contract without prior permission from the AAA. When such assignment is executed, the contract between the Grantee and its sub-recipient entity will specify the pass-through of funds and which specific provisions of this contract are to be administered by the Grantee and the sub- 3 It is further understood that the Grantee is responsible to the AAA 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 AAA or the North Carolina Division of Aging and Adult Services disallows any expenditure of grant funds made by the Grantee for any reason, the Grantee shall promptly reimburse such funds to the AAA. The AAA may also withhold future payments under this or any other contract with the Grantee until the audit exceptions are cleared. Changes The AAA may require changes in the work and services that the Grantee is to perform hereunder. Such changes which are mutually agreed upon by and between the AAA and the Grantee, shall be incorporated in written amendments to this agreement. The Grantee may request amendment of the agreement by notifying the AAA in writing, and if mutually agreed upon, these shall also be incorporated in written amendments to this agreement. Any reallocation of funding between grantee agencies shall be voluntary on the part of the AAA and shall be effective only for the period of the agreement. The reallocation of funds between grantee agencies will not affect the allocation of future funding to the Grantee. If during the performance period of the agreement, the AAA determines that a portion of this funding will not be expended, the grant administrator for the Grantee shall be notified in writing by the AAA in advance of any reallocation to other grantee agencies. Termination for Cause If through any cause, the Grantee shall fail to fulfill in a timely and proper manner its obligations under this Agreement, or the Grantee has or shall violate any of the covenants, agreements,representations or stipulations of this Agreement,the AAA shall have the right to terminate this Agreement by giving the Grantee's Administrator written notice of such termination no fewer than fifteen(15) days prior to the effective date of termination. In such event, all finished and unfinished documents and other materials collected or produced under this Agreement shall at the option of the Area Agency, become its property. The Grantee shall be entitled to receive just and equitable compensation for any work satisfactorily performed under this Agreement. Notwithstanding the foregoing,the Grantee shall not be relieved of liability to the AAA for damages sustained by the AAA by virtue of any breach of this contract by the Grantee and the AAA may withhold payment of any additional sums as security for payment of damages caused by the Grantee's breach, until such time as the exact amount of the damages resulting from such breach is determined. Termination for Convenience The AAA may terminate this agreement for convenience at any time by giving written notice to the Grantee of such termination and specifying the date thereof, no fewer than 5 AAA 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 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. By execution of this Agreement,both Parties certify that they have not been identified nor utilized the services of any agent or subcontractor on the list created by the N.C. State Treasurer pursuant to G.S. 147-68.58. By signature, each party agrees to the terms contained herein and each further certifies that such terms do not represent a conflict of interest. Grantee: Orange County Department on Aging By: /v t�'1Q V)— /Name, Title 1 Triangle J Council of Governments/Area Agency on Aging By: _ ,. Lee Worsley r` Executive Director, Triangle J Council of Governments 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. 0�-041e.��(:c iC Judy A. eller, Finance Director, Triangle J Council of Governments 7