HomeMy WebLinkAbout2020-893-E Economic Dev - Economic Development Partnership of NC COVID grant DocuSign Envelope ID:C80FF651-3BCF-4358-88DA-30DA3334E081
North Carolina Tourism Recovery Grant '
Agreement # 60-00-12-02
This Agreement is hereby entered into by and between the Economic Development Partnership of NC (EDPNC),
under the auspices of the NC Department of Commerce, (the "AGENCY"), and Orange County by and for the
Chapel Hill/Orange County Visitors Bureau, 501 West Franklin Street, Chapel Hill NC 27516 (the "RECIPIENT")
(referred to collectively as the "Parties").
1. EFFECTIVE TERM
This agreement shall be effective starting March 1, 2020 and shall terminate on December 30,2020.
2. GRANT AMOUNT
This agreement is for a$10,750 grant to the RECIPIENT.
3. RECIPIENT'S DUTIES
The RECIPIENT shall provide the activities as authorized and referenced in the North Carolina Session Law
2020-4,An Act to Provide Aid to North Carolinians in Response to the Coronavirus Disease 2019 Crisis.
The RECIPIENT'S scope of work is a complete and concise scope of work supported by this agreement and
consistent with language in Session Law 2020-4, an Act to Provide Aid to North Carolinians in Response to the
Coronavirus Disease 2019 Crisis.
The RECIPIENT agrees to use the funds in the amounts allocated for the budget cost items set forth in the
RECIPIENT's budget. RECIPIENT may reallocate and/or redistribute among budgeted items up to 20% in
overall budget costs without the express written permission of the AGENCY.
The RECIPIENT understands and acknowledges that these are federal funds and the total funding level
available under this agreement will not exceed $10,750. Only expenditures incurred during the period that
begins on March 1, 2020, and ends on December 30, 2020 are eligible for funding from this Fund.
The RECIPIENT understands and acknowledges required compliance with all statutory provisions outlined in:
a. The Coronavirus Aid,Relief, and Economic Security Act or CARES Act;
b. Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal
Awards (Uniform Guidance) promulgated by the United States Office of Management and Budget
sections: 2 C.F.R. 200.303 regarding internal controls, 2 C.F.R. 200.330 through 200.332 regarding
subrecipient monitoring and management, and subpart F regarding audit requirements;
c. Guidance issued by the United State Department of Treasury on April 22, 2020;and
d. North Carolina Administrative Code Title 09, Chapter 03, SubChapters 03M and The RECIPIENT
agrees to provide said report in 09 NCAC 03M.0202 within the required timeframe. See
ATTACHMENT B.
The RECIPIENT further understands and acknowledges any subawards issued by the RECIPIENT will require
SUBRECIPIENT to comply to said statutory provisions above and the RECIPIENT will be held liable for any
misuse or mishandling of these funds,including mishandling or misuse by the SUBRECIPIENT.
The RECIPIENT agrees not to have any overdue tax debts, as defined by N.C.G.S. 105-243.1, at the federal,
State, or local level. The RECIPIENT agrees to complete ATTACHMENT D and submit to the AGENCY
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within 30 calendar days of execution of this contract, as required by North Carolina General Statute 143C-6-
23(b).
The RECIPIENT agrees that if they are not a unit of local government or otherwise subject to the audit
and other reporting requirements of the Local Government Commission, they will submit the
RECIPIENT'S policy surrounding conflict of interest as required by North Carolina General Statute 143C-
6-23(b) within 30 calendar days of execution of this contract.
The RECIPIENT understands that if the funds have been allocated to a nonprofit corporation or a contractor,
and the use of funds by the nonprofit corporation or contractor is disallowed by federal law, the nonprofit
corporation shall return the amount of funds allocated to the nonprofit corporation to OSBM to transfer the
funds into the Coronavirus Relief Reserve.
The RECIPIENT agrees to provide any necessary information as required by the Federal Funding
Accountability and Transparency Act. See ATTACHMENT E.
The RECIPIENT agrees to return any funds that remain unspent as of December 30, 2020 to AGENCY by
January 30,2021.
4. AGENCY'S DUTIES & STATUS REPORTING
The AGENCY shall ensure that funds allocated and disbursed pursuant to Session Law 2020-4, comply with
the intent and guidance found in this Law and ensure compliance with related state statutes and financial
management standards.
The Code of Federal Domestic Assistance number is 21.019 and is pending completion of registration by the
Department of the United State's Treasury.
Invoice and Payment.
a. After the initial payment is provided to the RECIPIENT, the RECIPIENT shall submit progress
status forms every month.
i. The RECIPIENT shall submit the AGENCY completed forms (see ATTACHMENT C-1
and C-2) and shall include and attach sufficient documentation of the expenses incurred
during the period. The reimbursement documentation may include a general ledger
statement that verifies expenses were incurred consistent with the agreement purpose and
scope, copies of invoices paid or payroll register records by the RECIPIENT.
ATTACHMENTS C-1 and C-2 and supporting documentations for the reimbursement
period using the upload link provided: «UploadLink».The RECIPIENT shall include
expenses disbursed (aggregate totals for the period) by the following project uses:
1. Contracted Labor Expenses
2. Other Service expenses
3. Subcontract expenses
4. Goods expenses
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5. Other expenses (e.g. related charges not assigned above and described by recipient).
6. Period ending balance of the RECIPIENT funding disbursed pursuant to this
agreement.
7. A descriptive summary of how the funds were used including outcomes and specific
deliverables or accomplishments to date.
ii. The RECIPIENT shall continue to submit the reimbursement request forms without
requesting additional funds until the entire grant amount is accounted for.
iii. The RECIPIENT shall submit the final reimbursement request to be received by the
AGENCY by January 30,2021.
iv. On or before January 30, 2021 the RECIPIENT will submit the final outcome and
accomplishment reports (see ATTACHMENT F).
v. The AGENCY reserves the right to require a reimbursement of the payments noted above,if
the Grant Project Status Reports are not submitted, are not complete or do not include
adequate attached documentation that can verify spending. The AGENCY must provide the
RECIPIENT with a written explanation of the business reasons to delay, alter, or reject
payments that have been invoiced to the AGENCY. The RECIPIENT has three (3) business
days after such AGENCY communication to respond to address the item(s) of concern.The
AGENCY is to communicate a final review within three (3) business days of such
RECIPIENT response.
b. Provide additional reports and/or information as requested.
5. FUNDS MANAGEMENT
The RECIPIENT agrees that funds paid through this contract shall be accounted for in a separate fund and
accounting structure within the RECIPIENT's central accounting and grant management system. The
RECIPIENT agrees to manage all accounts payable disbursements, check register disbursements and related
transactions in a detailed manner that supports fully transparent accounting of all financial transactions
associated with this funding allocations described in Section 3 above. Expenditures for travel mileage,meals,
lodging and other travel expenses incurred in the performance of this Contract shall not be eligible under this
contract. International travel shall not be eligible under this Contract. If eligible, the Recipient and all
subrecipients shall: (a) ask the North Carolina Department of Revenue for a refund of all sales and use taxes
paid by them in the performance of this Contract,pursuant to N.C.G.S. 105-164.14; and (b) exclude all
refundable sales and use taxes from all reportable expenditures before the expenses are entered in their
quarterly project status reports.
6. POST-GRANT AWARD DOCUMENTATION REQUIREMENTS
RECIPIENT shall comply with all rules and reporting requirements established by the requirements of 9
N.C.A.C. Subchapter 3M.0205. The RECIPIENT agrees that it will file and submit the final ATTACHMENT F
to the AGENCY using the upload link provided at «Uploadl ink»no later than January 30,2021 or within
forty-five (45) days of final expenditure date,whichever is earlier.
The above noted reports shall include RECIPIENT reporting information related to the above noted
quantitative results and accomplishments. RECIPIENT agrees that all program activity results information
reported shall be subject to review and authentication as described in Paragraph 7 and RECIPIENT will provide
access to work papers,receipts,invoices and reporting records,if requested by the AGENCY, as the AGENCY
executes any audit internal audit responsibilities.
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7. AGREEMENT ADMINISTRATORS
All notices permitted or required to be given by one Party to the other and all questions about the Agreement
from one Party to the other shall be addressed and delivered to the other Party's Agreement Administrator.
The name,post office address, street address, telephone number, fax number, and email address of the Parties'
respective initial Agreement Administrators are set out below. Either Party may change the name,post office
address, street address, telephone number, fax number, or email address of its Agreement Administrator by
giving timely written notice to the other Party.
For the AGENCY
IF DELIVERED BY US POSTAL SERVICE IF DELIVERED BY ANY OTHER MEANS
Wit Tuttell Wit Tuttell
EDPNC EDPNC
150 Fayetteville St., Suite 1200 150 Fayetteville St., Suite 1200
Raleigh,NC 27601 Raleigh,NC 27601
Direct-919-477-7740 Direct;- 919-477-7740
Email:Wit@VisitNC.com Email: Wit@VisitNC.com
For the RECIPIENT
IF DELIVERED BY US POSTAL SERVICE IF DELIVERED BY ANY OTHER MEANS
Name: Laurie Paolicelli Name: Laurie Paolicelh
Tide: Director,Chapel Hill/Orange County Visitors BureauTitle: Director,Chapel Hill/Orange County Visitors Bureau
Address: 501 W. Franklin St., Chapel Hill,NC 27516Address: 501 W. Franklin St., Chapel Hill,NC 27516
Direct: (919) 259-1658 Direct: (919) 259-1658
Email: LPaolicelli@VisitChapelHill.org Email : LPaolicelli@VisitChapelHill.org
8. MONITORING AND AUDITING
The RECIPIENT acknowledges and agrees that, from and after the date of execution of this Agreement and
for five (5) years following its termination, the books, records, documents and facilities of the RECIPIENT are
subject to being audited,inspected and monitored at any time by the AGENCY upon its request (whether in
writing or otherwise). The RECIPIENT further agrees to provide AGENCY staff and staff of the Office of
State Auditor and any federal monitor or auditor with access to financial and accounting records and audit
work papers in the possession of any auditor of any recipient of State funding to support internal audit,
financial reporting and related requirements.
9. TAXES
The RECIPIENT shall be considered to be an independent RECIPIENT and as such shall be responsible for
all taxes. The RECIPIENT agrees to provide the AGENCY with the RECIPIENT'S correct taxpayer
identification number upon the execution of this Agreement. The RECIPIENT agrees that failure to provide
the AGENCY with a correct taxpayer identification number authorizes the AGENCY to withhold any amount
due and payable under this Agreement.
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10. SITUS
This Agreement shall be governed by the laws of North Carolina and any claim for breach or enforcement of
this Agreement shall be filed in State court in Wake County,North Carolina.
11. SUBCONTRACTING AND ASSIGNMENT
The RECIPIENT agrees that by assigning or subcontracting any work related to the contract to a subcontractor
or SUB-RECIPIENT is not allowable under this contract.
12. HISTORICALLY UNDERUTILIZED BUSINESSES
In addition, the RECIPIENT,if it is a private, nonprofit corporation other than an institution of higher
education or a hospital that receives an appropriation of five hundred thousand dollars ($500,000) or more
during a fiscal year from the General Assembly are encouraged to utilize minority contractors,physically
handicapped contractors, and women-owned contractors in purchasing goods and services. The RECIPIENT
as identified above shall comply with North Carolina General Statute 143-48 and report to the North Carolina
Department of Administration quarterly on what percentage of its contract purchases of goods and services,
through term contracts and open-market contracts,were from minority-owned businesses,what percentage
from women-owned businesses,what percentage from disabled-owned businesses,what percentage from
disabled business enterprises and what percentage from nonprofit work centers for the blind and the severely
disabled. Reporting on contract purchases of goods and services will be submitted to the North Carolina
Department of Administration's Office for Historically Underutilized Businesses (HUB) using the NC
Interactive Purchasing System's HUB reporting system. Contact the HUB Office at 919-807-2330 or
huboffice.doakdoa.nc.gov for instructions and to gain access to the NC Interactive Purchasing System's HUB
reporting system.
13. ADVERTISING
RECIPIENT agrees not to use the existence of this contract, the name of the AGENCY, or the name of the
State of North Carolina as part of any commercial advertising,without prior written approval of the AGENCY.
14. COMPLIANCE WITH LAW
The RECIPIENT shall remain an independent RECIPIENT and as such shall be wholly responsible for the
scope of work to be performed under this Agreement and for the supervision of his employees and assistants.
The RECIPIENT represents that it has, or will secure at its own expense, all personnel required in performing
the services under this agreement. Such employees shall not be employees of, or have any individual contractual
relationship with the AGENCY. The RECIPIENT shall be responsible for compliance with all laws,
ordinances, codes, rules, regulations, licensing requirements and other regulatory matters that are applicable to
the conduct of his business and work performance under this Agreement,including those of Federal, State, and
local agencies having appropriate jurisdiction.
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The Recipient acknowledges and agrees that,in its conduct under this Contract and in connection with any and
all expenditures of grant funds made by it,it shall comply with the cost principles enunciated in the Code of
Federal Regulations, 2 CFR, Part 200.
15. TERMINATION OF AGREEMENT
This agreement may be terminated by mutual consent upon sixty (60) days written notice to the other party, or
as otherwise provided by law. As soon as reasonably possible following termination of this agreement, the
amount of any residual unexpended funds shall be transferred to the AGENCY.
16. AMENDMENTS
This Agreement may be amended in writing which documents approval of changes by both the AGENCY and
the RECIPIENT.
17. AGREEMENT CLOSE-OUT PROCESS
The RECIPIENT agrees to submit to the AGENCY a complete performance and expenditure status report
(final report) no later than January 30,2021 or within forty-five (45) days of final expenditure date,whichever is
earlier. All unspent funds as of December 30,2020 will be returned to the AGENCY by January 30, 2021.
Unspent funds are defined as all funds not used or consumed. Encumbered and/or obligated funds as of
December 30, 2020 are considered unspent.
The above noted reports shall include RECIPIENT reporting information related to the above noted
quantitative results and accomplishments. RECIPIENT shall agree that all program activity results information
reported shall be subject to review and authentication as described in Paragraph 7 and RECIPIENT will provide
access to work papers,receipts,invoices and reporting records,if requested by the AGENCY, as the AGENCY
executes any audit internal audit responsibilities.
RECIPIENT will be deemed noncompliant if its final report is not submitted by January 30, 2021 or within
forty-five (45) days of final expenditure date,whichever is earlier. Once the complete final project status report
package has been received and evaluated by the AGENCY, the RECIPIENT will receive official notification of
agreement close-out. The letter will inform the RECIPIENT that the AGENCY is officially closing the
agreement and retaining all agreement files and related material for a period of five (5) years or until all audit
exceptions have been resolved,whichever is longer.
18. AUTHORIZED SIGNATURE WARRANTY
The undersigned represent and warrant that they are authorized to bind their principals to the terms of this
agreement. In Witness Whereof, the RECIPIENT and the AGENCY have executed this Agreement in
duplicate originals,with one original being retained by each party.
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ATTACHMENT B
SUBCHAPTER 03M—UNIFORM ADMINISTRATION OF STATE AWARDS OF FINANCIAL
ASSISTANCE
SECTION.0100-ORGANIZATION AND FUNCTION
09 NCAC 03M.0101 PURPOSE
Pursuant to G.S. 143C-6-23,the rules in this Subchapter establish reporting requirements for non-State entities that
receive,hold,use,or expend State financial assistance and ensure the uniform administration of State financial
assistance by all State agencies,recipients,and subrecipients.The requirements of this subchapter shall not apply to:
(1) State financial assistance to non-State entities subject to the audit and other reporting requirements
of the Local Government Commission.
(2) Tuition assistance to students.
(3) Public assistance payments from Federal entitlement programs to or on behalf of enrolled
individuals.
(4) State funds disbursed to a contractor as defined in this Subchapter.
History Note: Authority G.S. 143C-6-22, 143C-6-23;
Eff.July 1, 2005;
Amended Eff. October], 2007;
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff.April 25,
2015;
Amended Eff.July 1, 2016
09 NCAC 03M.0102 DEFINITIONS
As used in this Subchapter:
(1) "Agency"means every public office,public officer or official(State or local,elected or appointed),
institution,board,commission,bureau, council, department, authority,or other unit of government
of the State or of any county, unit, special district, or other political subdivision of state or local
government.
(2) "Audit"means an examination of records or financial accounts to verify their accuracy.
(3) "Compliance Supplement" refers to the North Carolina State Compliance Supplement, maintained
by the State and Local Government Finance Division of the North Carolina Department of State
Treasurer that has been developed in cooperation with agencies to assist the local auditor in
identifying program compliance requirements and audit procedures for testing those requirements.
(4) "Contract" means a legal instrument that is used to document a relationship between the agency,
and a recipient or between a recipient and subrecipient.
(5) "Contractor"means an entity subject to the contractor requirements,as well as any entity that would
be subject to the contractor requirements but for a specific statute or rule exempting that entity from
the contractor requirements.
(6) "Contractor requirements" means Article 3, 3C, 3D, 3E, 3G, or 8 of Chapter 143 of the General
Statutes and related rules.
(7) "Fiscal Year"means the annual operating year of the non-State entity.
(8) "Financial Statement" means a report providing financial data relative to a given part of an
organization's operations or status.
(9) "Non-State Entity"has the meaning in G.S. 143C-1-I(d)(18).
(10) "Recipient" means a non-State entity that receives State financial assistance directly from a State
agency to carry out part of a State program,but does not include any non-State entity subject to the
audit and other reporting requirements of the Local Government Commission.For purposes of this
Subchapter, "recipient" also includes a non-State entity that would be considered a "subrecipient"
pursuant to 2 CFR 200.93 for Federal funds subawarded by a recipient State agency, but does not
include a subrecipient as defined in Item(14)of this Rule.
(11) "Single Audit" means an audit that includes an examination of an organization's financial
statements,internal controls, and compliance with the requirements of Federal or State awards.
(12) "State financial assistance" means State funds disbursed as a grant, cooperative agreement, non-
cash contribution,food commodities,or direct appropriation to a recipient or subrecipient as defined
in Item(10)and(14)of this Rule.
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(13) "State Funds" means any funds appropriated by the North Carolina General Assembly or collected
by the State of North Carolina. State funds include federal financial assistance received by the State
and transferred or disbursed to non-State entities. Both Federal and State funds maintain their
identity as they are disbursed as financial assistance to other organizations.
(14) "Subrecipient" means a non-State entity that receives State financial assistance from a recipient to
carry out part of a State program; but does not include an individual that is a beneficiary of such
program. This definition of"subrecipient" applies throughout these Rules, except as used in Item
(10)of this Rule.
History Note: Authority G.S. 143C-6-22, 143C-6-23;
Eff.July 1, 2005;
Amended Eff. October], 2007;
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff.April 25,
2015;
Amended Eff.July 1, 2016
SECTION.0200-RESPONSIBILITIES OF RECIPIENTS AND SUBRECIPIENTS
09 NCAC 03M.0201 ALLOWABLE USES OF STATE FINANCIAL ASSISTANCE
Expenditures of State financial assistance by any recipient or subrecipient shall be in accordance with the cost
principles outlined in the Code of Federal Regulations, 2 CFR, Part 200. If the State financial assistance includes
federal sources,the recipient or subrecipient shall ensure adherence to the cost principles established in the Code of
Federal Regulations,2 CFR,Part 200.
History Note: Authority G.S. 143C-6-22; 143C-6-23;
Eff.July 1, 2005;
Readopted Eff.July 1, 2016.
09 NCAC 03M.0202 RECIPIENT AND SUBRECIPIENT RESPONSIBILITIES
A recipient or subrecipient that receives State financial assistance shall ensure that those funds are utilized for their
intended purpose and shall expend those funds in compliance with requirements established by this Subchapter and
their contract.Recipients and subrecipients shall:
(1) Provide the information required by the disbursing agency in order to comply with the procedures
for disbursement of funds.
(2) Maintain reports and accounting records that support the allowable expenditure of State funds.
Recipients and subrecipients shall make available all reports and records for inspection by the
awarding agency,the Office of State Budget and Management, and the Office of the State Auditor
for oversight,monitoring,and evaluation purposes.
(3) Ensure that subrecipients comply with all reporting requirements established by this Subchapter and
their contract and report to the appropriate disbursing entity.
History Note: Authority G.S. 143C-6-22; 143C-6-23;
Eff.July 1, 2005;
Readopted Eff July], 2016
09 NCAC 03M.0203 SUBGRANTEE RESPONSIBILITIES
History Note: Authority G.S. 143C-6-22, 143C-6-23;
Eff.July 1, 2005;
Repealed Eff.July 1, 2016
09 NCAC 03M.0204 RESERVED FOR FUTURE CODIFICATION
09 NCAC 03M.0205 MINIMUM REPORTING REQUIREMENTS FOR RECIPIENTS AND
SUBRECIPIENTS
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(a) For the purposes of this Subchapter,there are three reporting levels established for recipients and subrecipients
receiving State financial assistance. Reporting levels are based on the level of State financial assistance from all
funding sources. The reporting levels are:
(1) Level I—A recipient or subrecipient that receives,holds,uses,or expends State financial assistance
in an amount less than twenty-five thousand dollars($25,000)within its fiscal year.
(2) Level II-A recipient or subrecipient that receives,holds,uses,or expends State financial assistance
in an amount of at least twenty-five thousand ($25,000) or greater, but less than five hundred
thousand dollars($500,000)within its fiscal year.
(3) Level III—A recipient or subrecipient that receives,holds,uses,or expends State financial assistance
in an amount equal to or greater than five hundred thousand dollars($500,000)within its fiscal year.
(b) Agencies shall establish reporting requirements for recipients that meet the following reporting standards on an
annual basis:
(1) All recipients and subrecipients shall provide a certification that State financial assistance received
or,held was used for the purposes for which it was awarded.
(2) All recipients and subrecipients shall provide an accounting of all State financial assistance received,
held,used,or expended.
(3) Level II and III recipients and subrecipients shall report on activities and accomplishments
undertaken by the recipient, including reporting on any performance measures established in the
contract.
(4) Level III recipients and subrecipients shall have a single or program-specific audit prepared and
completed in accordance with Generally Accepted Government Auditing Standards, also known as
the Yellow Book.
(c) All reports shall be filed with the disbursing agency in the format and method specified by the agency no later
than three months after the end of the recipient's fiscal year,unless the same information is already required through
more frequent reporting.Audits must be provided to the funding agency no later than nine months after the end of the
recipient's fiscal year.
(d) Agency-established reporting requirements to meet the standards set forth in Paragraph(b)of this Rule shall be
specified in each recipient's contract.
(e) Unless prohibited by law, the costs of audits made in accordance with the provisions of this Rule shall be
allowable charges to State and Federal awards. The charges may be considered a direct cost or an allocated indirect
cost, as determined in accordance with cost principles outlined in the Code of Federal Regulations, 2 CFR Part 200.
The cost of any audit not conducted in accordance with this Subchapter shall not be charged to State awards.
(f) Notwithstanding the provisions of this Subchapter, a recipient may satisfy the reporting requirements of
Subparagraph (b)(4) of this Rule by submitting a copy of the report required under federal law with respect to the
same funds.
History Note: Authority G.S. 143C-6-22, 143C-6-23;
Eff.July 1, 2005;
Readopted Eff.July 1, 2016
SECTION.0300-RESPONSIBILITIES OF THE OFFICE OF THE STATE CONTROLLER
09 NCAC 03M.0301 OFFICE OF THE STATE CONTROLLER RESPONSIBILITIES
History Note: Authority G.S. 143C-6-22; 143C-6-23;
Eff.July 1, 2005;
Amended Eff. October], 2007;
Pursuant to G.S. 150B-21.3A, rule Expired May 1, 2015.
SECTION.0400-RESPONSIBILITIES OF AGENCIES
09 NCAC 03M.0401 AGENCY RESPONSIBILITIES
(a) An agency that receives State funds and disburses those funds as State financial assistance to a recipient shall:
(1) Notify each recipient,at the time the State financial assistance award is made, of the purpose of the
award and the reporting requirements established in this Subchapter.
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(2) Prior to disbursing any State financial assistance:
(A) Register each State assistance program with the Office of State Budget and Management
in the format and method specified by the Office of State Budget and Management.
(B) Execute a contract with the recipient that complies with the requirements of this
Subchapter.
(C) Report each individual award to the Office of State Budget and Management in the
format and method specified by the Office of State Budget and Management.
(D) Follow the procedures for disbursement of State financial assistance.
(3) Develop compliance supplement reports that describe standards of compliance and audit procedures
to give direction to independent auditors. This report shall be provided to the State and Local
Government Finance Division in the North Carolina Department of State Treasurer for inclusion in
the North Carolina State Compliance Supplement.
(4) Develop a monitoring plan for each State assistance program the agency oversees and submit the
plan to the Office of State Budget and Management for approval.
(5) Perform monitoring and oversight functions as specified in agency monitoring plans to ensure that
State financial assistance is used for authorized purposes in compliance with laws,regulations,and
the provisions of contracts,and that performance goals are achieved.
(6) Ensure that State financial assistance is spent consistent with the purposes for which it was awarded.
(7) Determine that reporting requirements have been met by the recipient and that all reports have been
completed and submitted in accordance with the recipient's contract.
(8) Monitor compliance by recipients with all terms of a contract. Upon determination of
noncompliance the agency shall take appropriate action as specified in Section .0800 of this
Subchapter.
(9) Require agency internal auditors to conduct periodic audits of agency compliance with requirements
of this Subchapter.
(10) Provide all requested documentation when subject to an audit of compliance with the requirements
of this Subchapter. Audits may be conducted by the Office of State Budget and Management, the
Office of the State Auditor,or the agency's internal auditor.
(b) Each recipient shall ensure that subrecipients have complied with the applicable provisions of this Subchapter.
Failure to comply with such provisions shall be the basis for an audit exception.
History Note: Authority G.S. 143C-6-22, 143C-6-23;
Eff.July 1, 2005;
Readopted Eff.July], 2016.
SECTION.0500-RESPONSIBILITIES OF THE OFFICE OF THE STATE AUDITOR
09 NCAC 03M.0501 OFFICE OF THE STATE AUDITOR RESPONSIBILITIES
History Note: Authority G.S. 143C-6-22; 143C-6-23;
Eff.July 1, 2005;
Repealed Eff.July 1, 2016
SECTION.0600-RESPONSIBILITIES OF THE OFFICE OF STATE BUDGET AND MANAGEMENT
09 NCAC 03M.0601 OFFICE OF STATE BUDGET AND MANAGEMENT RESPONSIBILITIES
The Office of State Budget and Management shall:
(1) Provide guidelines to agencies for developing monitoring plans and establishing reporting processes
that meet the requirements established in this Subchapter.
(2) Maintain a Suspension of Funding list readily accessible to any interested party that identifies any
recipient found in noncompliance with the requirements of this Subchapter or the terms of their
contract. This list shall serve as notice to other agencies that no further State financial assistance
shall be provided to that recipient until they are removed from the list.
(3) Periodically audit State agencies to ensure compliance with requirements set forth in Section
.0400 of this Subchapter.
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(4) Upon notification from a disbursing agency that a recipient is no longer noncompliant with the
requirements set forth in Section.0200 of this Subchapter,validate that all such noncompliance has
been corrected prior to the removal of that recipient from the Suspension of Funding listing. A
recipient may appeal to the Office of State Budget and Management to be removed from the
Suspension of Funding list if they believe they have been suspended in error. Once removed from
the Suspension of Funding list, the recipient is eligible for current and future State financial
assistance.
(5) Take appropriate administrative action when the Director of the Budget finds that the recipient has
spent or encumbered State funds for an unauthorized purpose, including ensuring allegations of
criminal violations are reported to the Attorney General and the State Bureau of Investigation by
the disbursing agency.
(6) If the funds are a pass-through of funds awarded by an agency of the United States,consult with the
awarding agency of the United States and the State agency that is the recipient of the pass-through
funds prior to taking actions authorized by this Subchapter.
History Note: Authority G.S. 143C-6-22, 143C-6-23;
Eff.July 1, 2005;
Readopted Eff.July 1, 2016
SECTION.0700-CONTRACTING,MONITORING,AND OVERSIGHT
09 NCAC 03M.0701 GRANT DOCUMENTATION
History Note: Authority G.S. 143C-6-22, 143C-6-23;
Eff.July 1, 2005;
Repealed Eff.July 1, 2016
09 NCAC 03M.0702 SUBORDINATION OF OTHER CONTRACTS AGREEMENTS
No contract agreements shall act to eliminate or diminish the requirements contained in this Subchaptcr.
History Note: Authority G.S. 143C-6-22, 143C-6-23;
Eff.July 1, 2005;
Readopted Eff.July 1, 2016.
09 NCAC 03M.0703 REQUIRED CONTRACT PROVISIONS
Prior to receiving State financial assistance, the recipient shall sign a contract with the agency that shall contain the
obligations of both parties. Prior to disbursing any State financial assistance, each agency shall sign a contract with
the recipient requiring compliance with the rules in this Subchapter. The requirements of this Rule shall also be
applicable to all subrecipient relationships. Each contract agreement shall contain:
(1) A specification of the purpose of the award, services to be provided,objectives to be achieved,and
expected results;
(2) The source of funds(such as federal or state)must be identified, including the CFDA number and
percentages of each source where applicable.
(3) Account coding information sufficient to provide for tracking of the disbursement through the
disbursing agency's accounting system.
(4) Agreement to maintain all pertinent records for a period of five years or until all audit exceptions
have been resolved,whichever is longer.
(5) Names of all parties to the terms of the contract.For the recipient or subrecipient,each contract shall
contain the employer/tax identification number, address,contact information,and the recipient's or
subrecipient's fiscal year end date.
(6) Signatures binding all parties to the terms of the contract.
(7) Duration of the contract,including the effective and termination dates.
(8) Amount of the contract and schedule of payment(s).
(9) Particular duties of the recipient.
(10) Required reports and reporting deadlines.
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(11) Provisions for termination by mutual consent with 60 days written notice to the other party, or as
otherwise provided by law.
(12) A provision that the awarding of State financial assistance is subject to allocation and appropriation
of funds to the agency for the purposes set forth in the contract.
(13) Provision that requires reversion of unexpended State financial assistance to the agency upon
termination of the contract.
(14) A provision that requires compliance with the requirements set forth in this Subchapter, including
audit oversight by the Office of the State Auditor, access to the accounting records by both the
funding entity and the Office of the State Auditor, and availability of audit work papers in the
possession of any auditor of any recipient of State funding.
(15) A clause addressing assignability and subcontracting, including the following:
(a) The recipient or subrecipient is not relieved of any of the duties and responsibilities ofthe
original contract.
(b) The subrecipient agrees to abide by the standards contained in this Subchapter and to
provide information in its possession that is needed by the recipient to comply with these
standards.
History Note: Authority G.S. 143C-6-22, 143C-6-23;
Eff.July 1, 2005;
Readopted Eff.July], 2016
09 NCAC 03M.0704 GRANT MONITORING AND EVALUATION
History Note: Authority G.S. 143C-6-22, 143C-23;
Eff.July 1, 2005;
Repealed Eff.July 1, 2016
SECTION.0800-SANCTIONS
09 NCAC 03M.0801 NONCOMPLIANCE WITH RULES
(a) An agency shall not disburse any State financial assistance to an entity that is on the Suspension of Funding list.
(b) When a non-State entity does not comply with the requirements of this Subchapter,the agency shall take
measures to ensure that the requirements are met, including:
(1) Communicating the requirements to the non-State entity.
(2) Requiring a response from the non-State entity upon a determination of noncompliance.
(3) Suspending payments to the non-State entity until the non-State entity is in compliance.
(c) When an agency discovers evidence of management deficiencies or criminal activity leading to the misuse of
funds,the agency shall notify the Office of State Budget and Management and take the appropriate action or actions,
such as:
(1) Suspend payments until the matter has been fully investigated and corrective action has been taken.
(2) Terminate the contract and take action to retrieve unexpended funds or unauthorized expenditures.
(3) Report possible violations of criminal statutes involving misuse of State property to the State Bureau
of Investigation, in accordance with G.S. 14313-920.
(d) Upon determination of noncompliance with requirements of the contract that are not indicative of management
deficiencies or criminal activity, the agency shall give the recipient or subrecipient 60 days written notice to take
corrective action.If the recipient or subrecipient has not taken the appropriate corrective action after the 60-day period,
the disbursing agency shall notify the Office of State Budget and Management and take the appropriate action or
actions,such as:
(1) Suspend payments pending negotiation of a plan of corrective action.
(2) Terminate the contract and take action to retrieve unexpended funds or unauthorized expenditures.
(3) Offset future payments with any amounts improperly spent.
(e) Each disbursing agency shall ensure that recipients and subrecipients have complied with the applicable
provisions of this Subchapter.
(f) Agencies are subject to audit for compliance with the requirements of this Subchapter by the Office of State
Budget and Management, the Office of the State Auditor, and agency internal auditors. Any finding of
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noncompliance by an agency shall be reported to the Office of State Budget and Management to take appropriate
action,as set forth in this Rule.
(g) The Office of State Budget and Management shall notify the agency of the finding and provide 60 days to take
corrective action.After the 60-day period,the Office of State Budget and Management shall conduct a follow-up audit
to determine if appropriate corrective action has been taken.If an awarding agency fails to take appropriate corrective
action or is repeatedly found to be out of compliance with the requirements of this Subchapter, the Office of State
Budget and Management shall notify the head of the agency and the State Auditor of the finding.
History Note: Authority G.S. 143C-6-22, 143C-6-23;
Eff.July 1, 2005;
Readopted Eff July 1, 2016
09 NCAC 03M.0802 RECOVERY OF STATE FUNDS
(a) The disbursing agency shall take appropriate administrative action to recover State financial assistance in the
event a recipient or subrecipient:
(1) Is unable to fulfill the obligations of the contractual agreement.
(2) Is unable to accomplish the purposes of the award.
(3) Is noncompliant with the reporting requirements.
(4) Has inappropriately used State financial assistance.
(b) The disbursing agency shall seek the assistance of the Attorney General in the recovery and return of State
financial assistance if legal action is required.
(c) Any apparent violations of a criminal law or malfeasance,misfeasance,or nonfeasance in connection with the use
of State financial assistance shall be reported by the agency to the Office of State Budget and Management, the
Attorney General,and the State Bureau of Investigation.
History Note: Authority G.S. 143C-6-22; 143C-6-23;
Eff.July 1, 2005;
Readopted Eff.July 1, 2016
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dd
Attachment C-1
Covid-19 Grant Project Status Report
You are required to provide to the Agency the status towards the specific purpose as stated in the grant application and
grant contract. This report is to be completed by the grant recipient. RECIPIENT COMPLETION INFORMATION: Email
completed form to:
«UploadLink»
1. Organization
Organization Name Orange County by and for the Chapel Hill/Orange County Visitors Bureau
Contract Agreement Number Agreement#60-00-12-02
Date
2. Financial Summary
Total Funding
Total Funding Authorized Received to Balance
Date
2. Performance: Recipient shall detail below how the organization has spent the amount of funding allocated for the specific
purpose as stated in the grant contract. The description should include activities and progress against the recipient's (or
subrecipient's)scope of work and outcomes of that work. Attach additional documents as necessary.
OSBM NCPRO—Attachment C-1
Descriptive summary of how the funds were used,including specific deliverables achieved,and progress against objectives
and outcomes expected to be achieved.
Effective:5/31/20
Page 1 of 2
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(cont.)
I certify that funds mentioned in this document were used in
accordance with our grant application documents and the contract
between the EDPNC and my organization. Name:
Signature:
Title:
Phone:
Email:
OSBM NCPRO—Attachment C-1
Effective:5/31/20
Page 2 of 2
DocuSign Envelope ID:C80FF651-3BCF-4358-88DA-30DA3334E081
ATTACHMENT C-2:NCPRO Coronavirus grant
Monthly Reimbursement Request
Attachment C-1 must accompany this form to receive reimbursement from NCPRO.
RECIPIENT COMPLETION INFORMATION:Email completed form to: ttUpIoadLmk.
PART A:Summary of Funding Received and Spent
January
Reimbursement
August September October November December Requestfor
Contract Total Funding July Reimbursement Reimbursement Reimbursement Reimbursement Reimbursement Reimbursement December
NAME OF RECIPIENT Agreement Authorized by HB Request Request Request Request Request Request Expenses Total Received to Point of Contact Point of Point of Contact
gORGANIZATION: Number 1043: Advance (Details in Part B) (Details in Part B) (Details in Part B) (Details in Part B) (Details in Part B) (Details in Part B) (Details in Part B) Date Name Point of Contact Title: Contact Email Phone Number
Or ChcpC'my/by and for p60-00-12-02 $10,750 Laurie Paolicelli Director,Chapel Hill/Orange LPaolicelli@Visit(919)259-1658
theCoun apil12sitors Burege County Visitors Bureau Chapel Hill.org
au
PLEASE REMEMBER INDIRECT COST ALLOCATION AND PERCENTAGE OF ADMINISTRATION COST ARE UNALLOWABLE
PART B:Detailed Expense(In lieu of completing Part B manually,detailed information can be exported from your systems in Excel or.CSV format,however,at minimum,the requested fields must be provided)
Actual Employee
Recipient Name
Required Monthly Hours Dedicated to Employee Expenses Other Service Other Expenses(e.g.related Is the Vendor a
Date of Invoice, Employee Name Employee ID Employee Title Subcontract Hours Worked COVID (Payroll and benefits Expenses(e.g. Goods Expenses charges not assigned in Historically
r or a Number or Contracted Labor Expenses(e.g. Equipment TOTAL
Subrecipient Name payroll,or or or cost for employee Expenses utilities,telephone, construction, (e.g.supplies, Expenses to
H-M and described Expenditures Underutilized
Contractor Invoice Number Purchased
servi Vendor Name or or Description of Item ce, Total Invoice Invoice quantity that are dedicated to data,lease related PPE) by recipient,such as, Business(HUB)7
maintenance)
Amount or COVID-19) expenses) patient services) (YES or No)
If of Patients Served
Ex.xRecipientNamev vendor 4/1/2020 joe vendor INV 123 reagents $ 8,975.00 30 $ 8,975.00 $8,975.00 NO
Ex.«RecipientName, 4/5/2020 jane doe EMP ID a345 researcher 160.00 120 $ 6,000.00 $6,000.00 NA
em to ee
Ex.vRecipientName» 4/28/2020 pet store INV 75892 cages $ 3,216.00 5 $ 3,216.00 $3,216.00 yes
contractor
Ex.«ReclplentNamea $ -
Subrecipient
$
DocuSign Envelope ID:C80FF651-3BCF-4358-88DA-30DA3334E081
dd
Attachment F
Covid-19 Grant Outcomes and Accomplishments Final Report
To finalize this award, you are required to provide to the Agency with a narrative of the outcomes and accomplishments
related to the funds spent for the specific purpose as stated in the grant contract. You can use the secure link provided
below to upload images, brochures, and other information to illustrate your outcomes and accomplishments. _
«UploadLink»
1. Organization:
Organization Name: Orange County by and for the Chapel HilUOrange County Visitors Bureau
2. Outcomes and Accomplishments:
DocuSign Envelope ID:C80FF651-3BCF-4358-88DA-30DA3334E081
ORANGE COUNTY—DEPARTMENT USE ONLY
Party/Vendor Name: Economic Development Partnership ofNC(EDPNC),under the auspices of the NC Department
of Commerce Party/Vendor Contact Person: Wit Tuttell Contact Phone: (919) 477-7740 Party/Vendor Address:
150 Fayetteville Street, Suite 1200 City Raleigh State:NC Zip: 27601 Department: Econ. Devel./Visitors Bureau
Amount: $10,750.00 Purpose: Coronavirus Aid Grant Budget Code(s):To be determined by Finance Vendor#N/A
-Grant (N/A if new vendor) Vendor is a BOCC consultant? Yes ❑No® Contract Type: (Check one)New
Renewal❑ Amendment ❑ Effective Date March 1,2020 Approved by Board Yes❑ No® Agenda Date:
N/A
This agreement is approved as to technical form and content and I as Department Director affirmatively state work on
this project has not been initiated prior ow&qfiwb,Qf the agreement:
Department Director's Signature Date: 11/9/2020
Agreements for emergency services or repair°are not subject to the above affirmation. If services related to this
agreement have already begun or been completed please briefly describe the nature of the emergency condition that
was addressed:
Information Technologies
(Applicable only to hardware/software purchases or related services)This agreement has been reviewed and is
approved as to information technology content and specifications:
Office of the Chief Information Officer Date:
Risk Management
This agreement is approved for sufficiency of insurana standards, specifications,and requirements:
DocuSign''""y:
Office of the Risk Management Officer[&A, rbv>n c lTb Date: 11/9/2020
7FDCF9176800498...
Financial Services
This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act:
DocuSigned by:
Office of the Chief Financial Office [ 1',�a 0 . Date:1111012020
7D4E5181ACC1409...
Legal Services
This agreement is approved as to le ou,,�fficiency:
Office of the County Attorney ,b�t,lt I ty� Date:11/11/2020
EAA3D33ED8A8465...
Clerk to the Board
Received for record retention:
All Docusign contracts must be copied to the Clerk upon completion: occlerkdocs@orangecountync.gov
The following signature block is for hard copies only and is not required for Docusign contracts:
Office of the Clerk to the Board Date:
Revised 07/20