HomeMy WebLinkAbout2017-090 Aging - TJCOG for NC Family Caregiver Support Program (Revised 8/16:#2,4,9,11,14,24)
July 1, 2016 Through June 30, 2017
Agreement 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 1 st day of July 2016,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 (DAAS).
NOW THEREFORE, in consideration of the premises, and mutual covenants and agreements
hereinafter contained,the parties hereto agree as follows:
1. 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 facilitate Family Caregiver Support services to family
caregivers residing in Durham County and meeting any of the following criteria:
• Adults aged 18+and caring for individuals aged 60+; or
• Older relative caregivers, aged 55+,raising grandchildren or other relatives, not more
than age 18, and who reside in the home of the care recipients; or
• Adults aged 18+caring for a person with Alzheimer's Disease or a related disorder that
involves neurological and organic brain dysfunction of any age; or
• Adults aged 55+who are not the natural or adoptive parent,yet who are raising a
relative,not less than age 18 and not more than age 59, with a disability; and who reside
in the home of the care receiver.
All services are to be performed in accordance with the Agency's annual NC Family Caregiver
Support Program(NCFCSP)proposal for services and budget submitted to, and approved by,
the Area Agency, the terms of which are incorporated herein by reference. In addition,the
Agency agrees to perform services in full compliance with the NCFCSP and Area Agency
requirements.
3. Time of Performance. The services of the Agency are to commence no later than July 1 of the
state fiscal year 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 of the state fiscal
year.
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4. Contract Administration. The contract administrator for the Area Agency shall be Ellison
Jones,Family Caregiver Program Specialist,Area Agency on Aging. The contract
administrator for the Agency shall be MI 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. CoMensation 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$41,945.00 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.
6. Reimbursement of Service Costs. The-Agency will report, 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.
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.
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.
9. Approval of Subcontract or Assignability. The Agency shall not assign all or any portion of its
interest in this contract without prior permission from the Area Agency. When such assignment
is executed,the contract between the Agency 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
Agency and the sub-recipient, Their subcontract will then become an addendum to the present
contract and the Agency will provide oversight of the sub-recipients performance, including,
but not limited to,providing verification of sub-recipents's eligibility for receipt of federal and
state funding and for appropriate service delivery,to the Area Agency.
Any purchase of services with Family Caregiver Support grant fiends 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. Reallocation of Funds and Budget Revisions. Any reallocation of NCFCSP funding between
agencies/counties shall be voluntary on the part of the Agency and shall be effective only for
the period of the Agreement. The reallocation of NCFCSP funds between agencies/counties
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will not affect the allocation of future funding to the Agency. If, during the performance period
of the Agreement, the Area Agency determines that a portion of the NCFCSP funds will not be
expended, the grant administrator for the Agency shall be notified in writing by the Area
Agency and given the opportunity to make funds available for reallocation to other
agencies/counties in the Planning and Service Area or elsewhere in the state.
The Agency may submit revisions to its approved NCFCSP proposal for services and budget to
the Area Agency. Revisions must be approved by the Area Agency prior to implementation.
11. Monitoring`Review and Coordination. This Agreement will be monitored to assure that
services are being provided in programmatic and fiscal compliance with the N.C. Division of
Aging and Adult Services monitoring Policies and Procedures at
https://ncdhhs s3 amazonaws com/s3fs-public/documents/files/DAAS Monitoriggk an.pdf and
Area Agency requirements. Further, compliance with updated monitoring requirements, as
specified in Office of Management and Budget(OMB)Uniform Guidance 2 CFR Part 200 and
NC General Statute 143C-6-23 shall be carried out. Monitoring shall include compliance with
N.C. Division of Aging and Adult Services' Consumer Contributions Policies and Procedures
(9/1/05 and as updated). In addition,private non-profit service providers will be monitored to
ensure compliance with conflict of interest policies of the NC Department of Health and
Human Services. These and other monitoring requirements are discussed in Division of Aging
(and Adult Services)Administrative Letter No. 03-14 (11/5/03).
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 (7/1/03 and revised
10/1/09). 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.
The Agency will provide monthly reports to the NC Division of Aging and Adult Services
concerning client enrollment and service data, entering such data in ARMS (Aging Resources
Management System).
12. 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.
13. 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
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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.
14. Record Retention and Disposition. All state and local government agencies,nongovernmental
entities, and their sub-recipients, including applicable vendors,that administer programs funded
by federal sources passed through the NC DHHS and its divisions and offices are expected to
maintain compliance with the DHHS record retention and disposition schedule and any agency-
specific program schedules developed jointly with the NC Department of Cultural Resources,
Division of Archives and Records. Retention requirements apply to the community service
providers funded under this Agreement,and must be managed in accordance with requirements
set forth in.DAAS Administrative Letter 16-11. Information on retention requirements is
posted at http://www.ncdhhs.gov/control/retention/retention.httn and updated semi-annually by
the NC DHHS Controller's Office. By funding source and state fiscal year,this schedule lists
the earliest date that grant records in any format may be destroyed. The Division of Archives
and Records provides information about destroying confidential data and authorized methods of
record destruction(paper and electronic) at
http•//archives ncder gov/ForGoveniment/RetentionSchedules/AuthorizedDestruction.aspx .
The DHHS record retention schedule is based on federal and state regulations and pertains to
the retention of all financial and programmatic records, supporting documents, statistical
records, and all other records supporting the expenditure of a federal grant award. Records
legally required for ongoing official proceedings, such as outstanding litigation, claims, audits,
or other official actions,must be maintained for the duration of that action,notwithstanding the
instructions of the DHHS record retention and disposition schedule.
In addition to record retention requirements for records in any format,the long-term and/or
permanent preservation of electronic records require additional commitment and active
management by agencies. The community service provider will comply with all policies,
standards, and best practices published by the Division of Aging and Adult Services regarding
the creation and management of electronic records.
15. Compliance with Requirements of the United States Department of Health and Human Services
and North Carolina Division of Aging and Adult Services and the Area Agency. 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 in 2016, 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. The Agency also agrees that it is
My cognizant of North Carolina Division of Aging and Adult Services and Area Agency
regulations as they relate to the NCFCSP.
16. 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.
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17. 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 pant under this contract
shall be the subject of an application for copyright by or on behalf of the Agency.
18. 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
(AAgency 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.
19. 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.
20. 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 that 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.
21. 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 pant of this contract or any benefits to arise herefrom.
22. Prohibition AF-ainst 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.
23. Equal Employment Op op rtunity 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.
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24. Audit. The Agency/County agrees to have an annual independent audit in accordance with
North Carolina General Statutes,North Carolina Local Government Commission requirements,
Division of Aging(and Adult Services)Program Audit Guide for Aging Services and Federal
Office of Budget and Management(OMB)Uniform Guidance 2 CFR Part 200.
Community service providers must provide a copy of their year-end financial statements, and
any required audit,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 NC General
Statute 143C-6-23 and OMB Uniform Guidance 2 CFR Part 200, where applicable. NCFCSP
service providers are not required to submit Activities and Accomplishments Reports. For-
profit corporations are not subject to the requirements of OMB uniform Guidance 2 CFR Part
200,but are subject to NC General Statute 143C-6-23 and Yellow Book audit requirements,
where applicable.
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$500,000 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
https://www.ncgrants.gov/NCGrants/PublicRepoitsRe ulg ations.im .
The following provides a summary of reporting requirements under NCGS 143C-6-22 and 23
and OMB Uniform Guidance 2 CFR Part 20, based upon funding received and expended during
the service provider's fiscal year.
Annual Expenditures Report Required to AAA Allowable Cost for Reporting
• Less than$25,000 in Certification form and State N/A
State or Federal funds Grants Compliance Re-
porting<$25,000 (item# 11,
Activities and Accomplishments
does not have to be completed)
OR
Audited Financial Statements in
compliance with GAO/GAS (i.e.
Yellow Book)
• Greater than $25,000 Certification form and Schedule of N/A
and less than$500,000 Grantee Receipts>$25,000 and
in State or $750,000 Schedule of Receipts and Expendi-
in Federal Funds tures
OR
Audited Financial Statements in
compliance with GAO/GAS (i.e.
Yellow Book)
• $500,000+in State funds Audited Financial Statement in May use State funds,
but Federal pass through compliance with GAO/GAS (i.e. but not Federal Funds
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in an amount less than Yellow Book)
$750,000
• $500,000+in State funds Audited Financial Statement in May use State and
and$750,000+in Federal compliance with OMB Uniform Federal funds
pass through funds Guidance 2 CFR Part 200
(i.e. Single Audit)
• Less than$500,000 in State Audited Financial Statement in May use Federal funds,
funds and$750,000+in compliance with OMB Uniform but not State funds.
Federal pass through funds Guidance 2 CFR Part 200
(i.e. Single Audit)
25. 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 expenditure 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.
26. 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,to the extent provided by North Carolina law.
27. 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.
28. 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 Agency.
The decision of the LRO is final unless within twenty(20) days of receipt of such decision the
Agency furnishes a written request for appeal to the Director of the North Carolina Division of
Aging and Adult Services, with a copy sent to the Area Agency. The request for appeal shall
state the exact nature of the complaint. The Division of Aging and Adult Services will inform
the Agency of its appeals 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
and Adult Services. The state agency address is as follows:
Director
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North Carolina Division of Aging and Adult Services
2101 Mail Service Center
693 Palmer Drive
Raleigh,North Carolina 27699-2101
29. 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.
30. 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 29 hereof shall prevail.
31. Confidentiality and Security. .Per the requirements in l0A NCAC 05J and Section 6 of the
Home and Community Care Block Grant Procedures Manual (updated 2016 through DAAS
Administrative Letter 16-1.1), client information in any format and whether recorded or not
shall be kept confidential and not disclosed in a form that identifies the person without the
informed consent of the person or legal representative. Information must be maintained in a
secure environment with restricted access, and community service providers must establish
procedures to prevent accidental disclosures from data processing systems. Community service
providers,including subcontractors and vendors,must adhere to requirements for protecting the
security and confidentiality of client information.
32. 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.
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33. Iran Divestiture. By execution of this contract the 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. 147-86.58.
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
BZ/ ,
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Triangle J Council of Governments/Area Agency on Aging
By:
Lee Worsley
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:
Judy A. Wel r,Finance Director,Triangle J Council of Governments
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