HomeMy WebLinkAbout2020-355-E-Aging- Triangle J Area on Aging FFCRA CCARES Act servicesDAAS-735_COVID19
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March 20, 2020 through September 30, 2021
Families First Coronavirus Response Act (FFCRA)
and/or
Coronavirus Aid, Relief, and Economic Security (CARES) Act
Agreement for the Provision of County-Based Aging Services
This Agreement, entered into as of this 29th day of May , 20 20 , by and between
Orange County Department on Aging (hereinafter referred to as the "Provider") and
the Triangle J Area Agency on Aging, (hereinafter referred to as the "Area Agency").
Witnesseth That:
WHEREAS, Congress supported the safety and independence of older adults during the COVID -19
pandemic through emergency funding for home-delivered, congregate, and supplemental nutrition
services included in the Families First Coronavirus Response Act (FFCRA) and additional funding for
supportive services and caregiver support as well as senior nutrition programs in the Coronavirus Aid,
Relief, and Economic Security (CARES) Act, and
WHEREAS, funding expended from the FFCRA and the CARES Act must be used to respond to the
coronavirus emergency by providing Older Americans Act services related to the response, and
WHEREAS, funds must be expended on allowable Older Americans Act activities as defined by the
Older Americans Act and state and local policy, and
WHEREAS, the Area Agency and the Provider agree to the terms and conditions for provision of
aging services in connection with activities financed in part by the Families First Coronavirus
Response Act (FFCRA) and/or the Coronavirus Aid, Relief, and Economic Security (CARES) Act and
authorized under Title III of the Older Americans Act, 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), as set forth in a) this document, b) related administrative letters on the federal
disaster grants issued by the Division of Aging and Adult Services to convey the flexibilities,
requirements for allowable expenditures and documentation of service delivery, and other applicable
flexibilities and waivers permitted under the FFCRA, CARES Act and Major Disaster Declaration, c)
the Division of Aging and Adult Services Home and Community Care Block Grant Procedures Manual
for Community Service Providers, d) the Division of Aging and Adult Services Service Standards and,
e) the Division of Aging and Adult Services Community Service Providers Monitoring Guidelines.
NOW THEREFORE, in consideration of these premises, and mutual covenants and agreements
hereinafter contained, the parties hereto agree as follows:
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1. The Community Service Provider shall be the same as those specified on the Provider Services
Summary format (DAAS-732-COVID) for the period stated above as deemed necessary for a
prompt and efficient response under the Major Disaster Declaration.
2. Availability of Funds. The terms set forth in this Agreement for payment are contingent upon
the receipt of Families First Coronavirus Response Act (FFCRA) and/or the Coronavirus Aid,
Relief, and Economic Security (CARES) Act funding by the Area Agency.
3. Grant Administration. The grant administrator for the Area Agency shall be Mary K. Warren,
Area Agency on Aging Director. The grant administrator for the Provider shall be
JANICE TYLER, DIRECTOR, DEPARTMENT ON AGING ,
(title).
It is understood and agreed that the grant administrator for the Provider shall represent the Area
Agency in writing if the administrator changes during the grant period. Specific
responsibilities of the grant administrator for the Provider are provided in paragraph eight (8) of
this Agreement.
4. Services authorized under this agreement or those identified as necessary to provide timely and
necessary response to the COVID-19 pandemic, provided they are among those services
allowable under Titles III-B, III-C, and III-E of the Older Americans Act, as specified on the
Provider Services Summary format(s) (DAAS-732-COVID) are to commence no later than
July 1, 2020 and shall be undertaken and pursued in such sequence as to assure their
expeditious completion. All services required hereunder shall be completed on or before the
end of the Agreement period stated above.
5. Assignability and Contracting. The Provider shall not assign all or any portion of its interest in
this Agreement. Any purchase of services with Families First Coronavirus Response Act
(FFCRA) and/or the Coronavirus Aid, Relief, and Economic Security (CARES) Act funding
shall be carried out in accordance with the procurement and contracting policy of the
community services provider or, where applicable, the Area Agency, which does not conflict
with procurement and contracting requirements contained in 45 CFR Part 75, Subpart D-Post
Federal Award Requirements, Procurement Standards, except for those services purchased in
response to, and during the active period of the Major Disaster Declaration for North Carolina
due to the COVID-19 pandemic, as declared by the President of the United States on March 25,
2020, effective January 20, 2020 and continuing. Federal funds shall not be awarded to any
subreceipients who have been suspended or debarred by the Federal government. In addition,
Federal funds may not be used to purchase goods or services costing over $100,000 from a
vendor that has been suspended or debarred from Federal grant programs.
6. Compensation and Payments to the Provider. The Provider shall be compensated for the work
and services actually performed under this Agreement by payments to be made monthly by the
Area Agency. Total reimbursement to the community service providers under this Agreement
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may not exceed the grand total of applicable COVID-19 funding, as specified on the Provider
Services Summary format (DAAS-732-COVID).
(a) Reimbursement of Service Costs
Providers must have a method of projecting service costs based on estimated revenues
and expenses, in order to receive adequate reimbursement as well as show reasonable
and justifiable costs. Reimbursement of service costs will be based on the DAAS-732-
A-COVID Service Cost Computation Worksheet and the DAAS 732-A-1-COVID
Labor Distribution Form or comparable formats to develop unit and non-unit costs.
(b) Payment of Administration on Aging Nutrition Services Incentive Program (NSIP)
Subsidy
NSIP subsidy for congregate and home delivered meals is not allowable under the
FFCRA or CARES Act funding.
7. Collection of Non-Federal Matching Resources. There is no match requirement for the Provider
for direct services delivered through the FFCRA or CARES Act funding.
8. Reallocation of Funds and Budget Revisions. Any reallocation of FFCRA or CARES Act
funding between counties shall be voluntary on the part of the Provider and shall be effective
only for the period of the Agreement. The reallocation of FFCRA or CARES Act funds
between counties will not affect the allocation of future funding to the Provider. If during the
performance period of the Agreement, the Area Agency determines that a portion of the
FFCRA or CARES Act funding will not be expended, the grant administrator for the Provider
shall be notified in writing by the Area Agency and given the opportunity to make funds
available for reallocation to other counties in the Planning and Service Area or elsewhere in the
state.
Transfers are authorized up to 30% of funds between Title III-B and III-C congregate or home-
delivered nutrition programs, but transfers must occur within the same FFCRA or CARES Act
grant grouping. If a provider wishes to exceed the 30% transfer within a grant, approval must
be obtained through the Area Agency from the Division of Aging and Adult Services.
Unless community services providers have been given the capacity to enter data into the Aging
Resources Management System (ARMS), Area Agencies on Aging are responsible for entering
amended service data into the Division of Aging and Adult Services Management Information
System.
9. Monitoring. This Agreement will be monitored to assure that services are being provided as
stated in this agreement and as outlined in administrative letters on the FFCRA and CARES
Act federal disaster grants issued by the Division of Aging and Adult Services to convey the
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requirements for allowable expenditures and documentation of service delivery to eligible older
adults.
The community service providers will receive a written report of monitoring findings in
accordance with procedures established in Section 308 of the AAA Policies and Procedures
Manual (http://www.ncdhhs.gov/aging/monitor/mpolicy.htm). Any areas of non-compliance
will be addressed in a written corrective action plan with the community service provider.
10. 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 Provider.
The decision of the LRO is final unless within twenty (20) days of receipt of such decision the
grant administrator for the Provider 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 grant administrator for the Provider of its appeal procedures and
will inform the Area Agency that an appeal has been filed. Procedures thereafter will be
determined by the appeals process of the Division of Aging and Adult Services. The state
agency address is as follows:
Director
North Carolina Division of Aging and Adult Services
693 Palmer Drive
2101 Mail Service Center
Raleigh, North Carolina 27699-2101
11. Termination for Cause. If through any cause, the Provider shall fail to fulfill in a timely and
proper manner its obligations under this Agreement, or the Provider has or shall violate any of
the covenants, agreements, representations or stipulations of this Agreement, the Area Agency
shall have the right to terminate this Agreement by giving the Provider’s Executive Officer
written notice of such termination no fewer than fifteen (15) days prior to the effective date of
termination. In such event, all finished documents and other materials collected or produced
under this Agreement shall at the option of the Area Agency, become its property. The
Provider shall be entitled to receive just and equitable compensation for any work satisfactorily
performed under this Agreement.
12. Audit. The Provider 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.
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Community service providers, as specified in paragraph one (1), who are not units of local
government or otherwise subject to the audit and other reporting requirements of the Local
Government Commission are subject to audit and fiscal reporting requirements, as stated in NC
General Statute 143C-6-22 and 23 and OMB Uniform Guidance CFR 2 Part 200, where
applicable. Applicable community service providers must send a copy of their year-end
financial statements, and any required audit, to the Area Agency on Aging. 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-6-22 and 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 is 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.osbm.nc.gov/management/grants.
The following provides a summary of reporting requirements under NCGS 143C-6-22 and 23
and OMB Uniform Guidance 2 CFR Part 200 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 that $500,000 Grantee Receipts >$25,000 and
in State Funds or Schedule of Receipts and Expendi-
$750,000 in Federal tures
Funds
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
but Federal pass through compliance with GAO/GAS (i.e. not Federal Funds
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in an amount less than
$750,000
Yellow Book)
$500,000+ in State funds Audited Financial Statement in May use State and Federal
and $750,000+ in Federal
pass through funds
compliance with OMB Uniform
Guidance 2 CFR Part 200
(i.e. Single Audit)
funds
Less than $500,000 in State Audited Financial Statement in May use Federal funds,
funds and $750,000+ in
Federal pass through funds
compliance with OMB Uniform
Guidance 2 CFR Part
(i.e. Single Audit)
but not State funds.
13. Audit/Assessment Resolutions and Disallowed Cost. It is further understood that the
community service providers are responsible to the Area Agency for clarifying any audit
exceptions that may arise from any Area Agency assessment, community service
provider single or financial audit, or audits conducted by the State or Federal Governments. In
the event that the Area Agency or the Department of Health and Human Services disallows any
expenditure made by the community service provider for any reason, the Provider shall
promptly repay such funds to the Area Agency once any final appeal is exhausted in
accordance with paragraph ten (10). The only exception is if the Area Agency on Aging is
approved to provide direct services under the FFCRA and/or the CARES Act and expenditures
are disallowed by the Division of Aging and Adult Services. In this case, the Area Agency is
responsible for any disallowed costs. The Area Agency on Aging can recoup any required
payback from the community service provider in the event that payback is due to a community
service provider's failure to meet OMB Uniform Guidance CFR 2 Part 200, 45 CFR Part 1321
or state eligibility requirements as specified in policy.
14. Indemnity. The Provider agrees to indemnify and save harmless the Area Agency, its agents,
and employees from and against any and all loss, cost, damages, expenses, and liability arising
out of performance under this Agreement to the extent of errors or omissions of the Provider.
15. Equal Employment Opportunity and Americans With Disabilities Act Compliance. The
Provider, as identified in paragraph one (1), shall comply with all federal and state laws relating
to equal employment opportunity and accommodation for disability.
16. Data to be Furnished to the Provider. All information which is existing, readily available to the
Area Agency without cost and reasonably necessary, as determined by the Area Agency's staff,
for the performance of this Agreement by the Provider shall be furnished to the Provider
without charge by the Area Agency. The Area Agency, its agents and employees, shall fully
cooperate, with the Provider in the performance of the Provider’s duties under this Agreement.
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17. Rights in Documents, Materials and Data Produced. The Provider agrees that at the discretion
of the Area Agency, all reports and other data prepared by or for it under the terms of this
Agreement shall be delivered to, become and remain, the property of the Area Agency upon
termination or completion of the work. Both the Area Agency and the Provider shall have the
right to use same without restriction or limitation and without compensation to the other. For
the purposes of this Agreement, "data" includes writings, sound recordings, or other graphic
representations, and works of similar nature. No reports or other documents produced in whole
or in part under this Agreement shall be the subject of an application for copyright by or on
behalf of
18. Maintenance of Records. The Provider shall maintain all financial and program records for a
period of five (5) years from the date of final payment under this contract, for inspection by the
Area Agency, the North Carolina Division of Aging and Adult Services, and the Comptroller
General of the United States, or any of their duly authorized representatives. If any litigation,
claim, negotiation, audit or other action involving the Provider's records has been started before
the expiration of the five-year period, the records must be retained until completion of the
action and resolution of all issues which arise from it.
19. Interest of the Governing Board. The Governing Board covenants that neither the Governing
Board nor its agents or employees presently has an interest, nor shall acquire an interest, direct
or indirect, which conflicts in any manner or degree with the
performance of its service hereunder, or which would prevent, or tend to prevent, the
satisfactory performance of the service hereunder in an impartial and unbiased manner.
20. Interest of Members of the Area Agency, Lead Regional Organization, and Others. No officer,
member or employee of the Area Agency or Lead Regional Organization, and no public official
of any local government which is affected in any way by the Project, who exercises any
function or responsibilities in the review or approval of the Project or any component part
thereof, shall participate in any decisions relating to this Agreement which affects his personal
interest or the interest of any corporation, partnership or association in which he is, directly or
indirectly, interested; nor shall any such persons have any interest, direct or indirect, in this
Agreement or the proceeds arising there from.
21. Officials not to Benefit. No member of or delegate to the Congress of the United States of
America, resident Commissioner or employee of the United States Government, shall be
entitled to any share or part of this Agreement or any benefits to arise here from.
22. Prohibition Against 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 Provider to engage in any activity designed to influence legislation or
appropriations pending before Congress.
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23. Confidentiality and Security. Any client information received in connection with the
performance of any function of a community service provider or its subcontractors under this
Agreement shall be kept confidential. The community service provider acknowledges that in
receiving, storing, processing, or otherwise handling any confidential information, the agency
and any subcontractors will safeguard and not further disclose the information except as
provided in this Agreement and accompanying documents.
24. Record Retention and Disposition. All state and local government agencies, nongovernmental
entities, and their subrecipients, 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 NC 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 to provide Home and Community Care Block
Grant and other services necessary to provide emergency response funded through the FFCRA
and CARES Act funding. Information on retention requirements is posted at
https://www.ncdhhs.gov/about/administrative-offices/office-controller/records-retention 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
https://archives.ncdcr.gov/government/retention-schedules.
The NC 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 NC 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.
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__________________
25. Applicable Law. This Agreement is executed and is to be performed in the State of North
Carolina, and all questions of interpretation and construction shall be construed by the laws of
such State.
In witness whereof, the Area Agency and the Provider have executed this Agreement as of the
day first written above.
Provider
Attest:
By:
COUNTY MANAGER
Area Agency
Attest:
_ By:
Area Agency Director Executive Director,
Lead Regional Organization
Provision for payment of the monies to fall due under this Agreement within the current fiscal year
have been made by appropriation duly authorized as required by the Local Government Budget and
Fiscal Control Act.
BY:
FINANCE OFFICER, Lead Regional Organization
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