Item C18
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date:
04/17 - 18/01
Division:
Community Services
Bulk Item: Yes
No X
Department: Social Services
~~-
Louis LaTorre
AGENDA ITEM WORDING:
Approval of Subgrant Agreement between Monroe County Board of County Commissioners and the
National Council on the Aging, Inc. SCSEP PY 2002 - 2003, July 1,2002 through June 30, 2003.
ITEM BACKGROUND:
An on-going grant to provide employment and training for senior citizens who are on a limited income.
PREVIOUS REVELANT BOCC ACTION:
Approved annually. Last approval was June 20,2001.
CONTRACT/AGREEMENT CHANGES:
None.
ST AFF RECOMMENDATIONS:
Approval.
TOTAL COST: $182,000.00
COST TO COUNTY:$21,800.00 (12%)
BUDGETED: Yes X
No
REVENUE PRODUCING: Yes
No X AMOUNT PER MONTH
Year
APPROVED BY: County Arty X(.trr OMB/P
DIVISION DIRECTOR APPROVAL:
DOCUMENTATION:
Included X
Risk Management ~
(James Malloch)
o Follow Not Required_
DISPOSITION:
AGENDA ITEM # ~ /9
Revised 2/27/0 I
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: The National Council on the Aging, Inc. Contract #
-
Effective Date: 07/01/2002
Expiration 06/30/2003
Date:
Contract Purpose/Description:
The Senior Community Service Employment Program (SCSEP) is an employment and
training Program for senior citizens, 55 years of age and older, who are on a limited income.
The program serves seniors throughout Monroe County.
Contract Manager: Dianne Russell 4593 SCSEP Social Services #1
(Name) (Ext. ) (Department/Stop #)
for BOCC meeting on 04/1 7 -18/02 Agenda Deadline: 04/03/02
CONTRACT COSTS
Total Dollar Value of Contract: $ 182,000
Budgeted? Yesrgj No 0 Account Codes:
Grant: $ 160,200
County Match: $ 21,800
Current Year Portion: $
125-61506-530490-G00402-XXXXXX
--
125-61506-530490-G00502-XXXXXX
Estimated Ongoing Costs: $ _/yr
(Not included in dollar value above)
ADDITIONAL COSTS
For:
(eg. maintenance, utilities, janitorial, salaries, etc.)
CONTRACT REVIEW
Change~
D te n Needed evie r
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Date Out
't I 11 2...
Risk Management
County Attorney 3-d2"C~ YesD Nolf ' ,/ {. '--
Comments:
OMB Form Revised 2/27/01 MCP #2
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Sen~r eo.m.,nity Service e",o)"Mnt Proogrom
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SUBGRANTAGREEMENT
THIS AGREEMENT is entered into by the National Council on the Aging, Inc. (NCaA),
hereinafter referred to as GRANTEE, and (name of SUBGRANTEE) Monroe County Board of
County Commissioners , hereinafter referred to as SUBGRANTEE. The SUBGRANTEE
agrees to operate a project under the GRANTEE'S Senior Community Service Employment
Program (SCSEP) in the manner described in the approved Subgrant Narrative, as governed by
the Older Americans Act (OM) Title V regulations, including all clauses and exhibits included
herein. This entire AGREEMENT is contingent in its entirety on SUBGRANTEE'S strict
conformance with its terms and applicable state and Federal laws.
! GRANTEE SUBGRANTEE
NATIONAL COUNCIL ON THE AGING, INC. Monroe County Board of County
409 Third Street, S,W., 2nd Floor Commissioners
Washington, D.C, 20024 C/O Monroe County SCSEP Social Services
(202) 479-1200
FAX: (202) 479-0735 1100 Simonton Street, Suite 1-206
www,ncoa.org Key West, Florida 33040
www,maturityworks.org 305-292-4593 FAX: 305-292-4484
SUBGRANT PERIOD July 1, 2002 - June 30, 2003
SUBSPONSOR ID# XX-XXXXX-XX-XX-12
FUNDING, SLOT LEVELS, GOALS I SEC.502(e)* I TITLE V TOTAL
Federal Funds Awarded
$160,200
DoL Authorized Enrollment 24
NCOA Approved Enrollment 24
Unsubsidized Placement Goals 10
* Includes ONL Y funds awarded in addition to regular Title V allocation.
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I SECTION 502(e) EXPERIMENTAL PROJECT BUDGET I
ADDITIONAL FUNDS: II REGULAR TITLE V FUNDS: II TOTAL 502(e) COSTS: I
$ $ $
Method of Payment I [X] Cost Reimbursement I [ ] Advance Payments
, i
! ApprovedfotGRANTEEby: I AppfolledJor St.JBGRANTEEHby:
NAME Don L. Davis NAME Charles "Sonny" McCoy
TITLE Vice President TITLE Mayor
SPONSOR AGENC~ORGAN~AnON
National Council on the Aging, Inc. Monroe County Board of County
Commissioners
SIGNA TURE SIGNA TURE
DATE DATE
For official subgrant purposes, the total subgrant agreement consists of this document which details contractual obligations, a line
item budget (Exhibit A), and a narrative/project workplan (Exhibit B), and listing of administrative and operational offices (Exhibit C).
NCOA 2002 Subgrant Agreement 02,21-02
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WITNESSETH
WHEREAS, the GRANTEE has received a Grant from the United States Department of
Labor, Employment and Training Administration, for use in providing employment and training
opportunities for eligible persons pursuant to Title V of the Older Americans Act, as amended;
and
WHEREAS, the SUBGRANTEE, an independent contractor, has established a program to
provide services for said eligible persons residing within its jurisdiction; The GRANTEE and the
SUBGRANTEE desire to enter into an agreement whereby said GRANTEE will distribute funds
received under its grant to SUBGRANTEE for use in the operation of said program.
The GRANTEE requires the competent performance of the SUBGRANTEE in providing
employment and training services as specified in this AGREEMENT.
That the GRANTEE and the SUBGRANTEE acting by and through their representatives,
have collectively agreed and by execution hereof are bound to the mutual obligations and to the
performance and accomplishments of the tasks and provisions hereafter described.
I. PROGRAM PURPOSE
A. Project Objectives
The SUBGRANTEE understands and agrees that the purpose of the Senior Community Service
Employment Program (SCSEP) is to provide, foster, and promote useful part-time opportunities
in community service employment and training opportunities for low income persons who are 55
years of age or older and, to the extent feasible, to assist and promote the transition of program
participants to private or other unsubsidized employment.
The primary objectives are to:
1) Provide needed wages to eligible individuals through employment in service to the
community.
2) Provide needed service to the community.
3) Provide opportunities for entry/transition of program participants into private or other
unsubsidized employment.
B. Special Assurances
The project conducted under the Subgrant will:
1) Provide program participation opportunities only for eligible individuals. Necessary
technical, administrative, and supervisory personnel shall, to the fullest extent possible, be
recruited from among eligible individuals;
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2) Provide program participation opportunities for eligible individuals in the community in which
such individuals reside, or in nearby communities;
3) Provide services to assure the transition to unsubsidized employment of as many program
participants as possible;
4) Provide employment and training opportunities for eligible individuals in services related to
publicly owned and operated facilities and projects or in projects sponsored by
organizations, other than political parties, exempt from taxation under the provisions of
Section 501 (c)(3) of the Internal Revenue Code of 1954, as amended, except projects
involving the construction, operation, or maintenance of any facility used or to be used as a
place for sectarian religious instruction or worship. Documentation of the 501 (c)(3) status of
non-governmental training sites must be retained on file;
5) Contribute to the general welfare of the community;
6) Result in an -increase in employment opportunities over those which would otherwise be
available, but (I) not result in the displacement of currently employed workers (including
partial displacement, such as reduction in the hours of non-overtime work or wages or
employment benefits), and (ii) not impair existing contracts or result in the substitution of
Federal funds for other funds in connection with work that would otherwise be performed;
7) Not permit the participation of any eligible individual to perform work the same or
substantially the same as that performed by any other person who is on layoff;
8) Utilize methods of recruitment and selection (including notifying the State employment
security agency when vacancies occur) which assure that the maximum number of eligible
individuals have an opportunity to participate in the project;
9) Include such training as may be necessary to make the most effective use of the skills and
talents of those individuals who are participating, as well as provide for the reasonable
expenses of individuals being trained, including reasonable compensation for time spent in
training;
10) Assure that safe and healthful training site conditions will be provided and assure that
program participants assisted under this Subgrant shall be paid wages which shall not be
lower than whichever is highest of (I) the minimum wage which would be applicable to the
participant under the Fair Labor Standards Act of 1938, if Section 6(a)(1) of such Act
applied to the participant and if he/she were not exempt under Section 13 thereof, (ii) the
State or local minimum wage for the most nearly comparable covered employment, or (iii)
the prevailing rates of pay for persons employed in similar public occupations by the same
employer.
11) Be established or administered with the advice of persons who are competent in the field of
service in which employment training is being provided and who are knowledgeable with
regard to the needs of older persons;
12) Authorize pay only for necessary transportation costs of eligible individuals which may be
NCOA 2002 Subgrant Agreement 02,21.02
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Incurred in project-related activities under this Subgrant in accordance with the Federal
regulations governing OAA Title V activities;
13) To the extent feasible, serve the needs of minorities, handicapped individuals, individuals
who are members of Indian or Alaskan entities, Hawaiian natives, and limited English-
speaking individuals in proportion to their numbers in the SUBGRANTEE'S geographic
jurisdiction and take into consideration their rates of poverty and unemployment.
14) Authorize funds to be used\ to the extent feasible, to include individuals participating in the
project under a State unemployment insurance plan;
15) Make available to each participant a written explanation of allowable and unallowable
political activities under Chapter 15 of Title V of the U.S. Code. The project shall post such
a notice;
16) Assure that SCSEP positions are distributed in an equitable manner taking into
consideration (1) the proportion which eligible individuals bear to the total number of such
individuals in the geographic area(s) served, and (2) the relative distribution of such
individuals residing in rural and urban areas. The equitable distribution of slots shall be
accomplished in concert with other Sponsors of SCSEP activities;
17) In accord with congressional intent, take steps to strengthen the coordination of program
activities with the private sector and with organizations charged with the operation of
employment projects, particularly with those programs funded under the authority of the Job
Training Partnership Act (JTPA);
18) Make available to each participant materials regarding the Age Discrimination in
Employment Act. Said materials are to be provided to the SUBGRANTEE by the
GRANTEE, upon receipt from the U.S. Department of Labor.
19) Assure that all SCSEP activities are conducted in accord with the provisions of the Drug-
Free Workplace Act of 1988.
20) Assure that the required financial and compliance audits in accordance with the Single Audit
Act of 1984 are performed, if applicable, with copies of said audits being provided to the
GRANTEE.
II. GRANTEE/SUBGRANTEE RELATIONSHIP
A. Legal Authority
The SUBGRANTEE warrants that it is in compliance with all applicable state and Federal
requirements and standards and that it possesses the legal authority pursuant to any
proper, appropriate and official motion, resolution or action passed or taken, giving the
SUBGRANTEE authority to enter into this Subgrant, receive the funds authorized by this
Subgrant, and to perform the services the SUBGRANTEE has obligated itself to perform
under this Subgrant.
The person or persons signing and executing this Subgrant on behalf of the
SUBGRANTEE, or representing themselves as persons authorized to sign and execute this
Subgrant on behalf of the SUBGRANTEE, do hereby warrant and guarantee that they have
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been fully authorized by the SUBGRANTEE to execute this Subgrant on behalf of the
SUBGRANTEE and to validly and legally bind the SUBGRANTEE to all terms, conditions,
performances and provisions herein set forth.
The GRANTEE shall have the right to temporarily suspend or terminate this Subgrant if
there is a dispute as to the legal authority of either the SUBGRANTEE or the person
executing this Subgrant. The SUBGRANTEE shall be totally liable for return or
reimbursement to the GRANTEE for all monies received if the Subgrant is suspended or
terminated.
B. Fund Availability
That it is expressly understood and agreed by and between the parties hereto that this
agreement is wholly conditioned upon the actual receipt by GRANTEE of Federal funds
granted by the United States Department of Labor, Employment and Training
Administration; that all monies distributed to SUBGRANTEE hereunder shall be exclusively
from Federal monies received under said Grant, and not from any monies of GRANTEE,
and that if such funds are not timely forthcoming, GRANTEE may, at its sole discretion,
terminate this agreement. The GRANTEE shall not be liable for payment for any work or
services performed by SUBGRANTEE under or in connection with this Subgrant beyond the
effective date of said termination.
If the funds anticipated to be received by GRANTEE, under which this Subgrant is funded,
are suspended or terminated, in whole or in part, funding for this Subgrant will cease.
GRANTEE will within a reasonable time from receipt of such notice provide written
notification to SUBGRANTEE.
Payments under this Subgrant may be suspended or terminated upon refusal of the
SUBGRANTEE to accept any additional conditions that may be imposed by the United
States Department of Labor and/or the GRANTEE at any time.
C. Independent Contractor
SUBGRANTEE shall operate hereunder as an independent contractor, and not as an
officer, agent, or employee of GRANTEE. It is expressly agreed and understood between
the parties hereto, in entering into this agreement, that the GRANTEE shall not be liable to
the SUBGRANTEE for any benefits or coverage as provided by Workers Compensation
Laws, and further anyone employed by the SUBGRANTEE shall not be considered an
employee of the GRANTEE for the purpose of Workers Compensation coverage.
SUBGRANTEE shall have exclusive control of and the exclusive right to control the details
of the work and services performed hereunder, and all persons performing same, and shall
be solely responsible for the acts and omissions of its officers, agents, employees,
subcontractors and program participants.
It is expressly understood and agreed that no officer, agent, employee, or subcontractor of
the SUBGRANTEE, is in the paid service of GRANTEE; and that GRANTEE does have the
legal right to insure compliance with the tasks performed hereunder by SUBGRANTEE, its
officers, agents, employees, subcontractors, or program participants. In no event shall any
person employed by the SUBGRANTEE be considered an employee of the GRANTEE.
NCOA. 2002 Subgrant Agreement 02,21,02
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D. Third Party Agreements
The SUBGRANTEE shall give advance notification to the GRANTEE of any proposed third
party agreements, including but not limited to consultant contracts, agreements for personal
services, or any subcontract hereunder. The SUBGRANTEE shall obtain the written
consent of the GRANTEE'S SCSEP National Director prior to subcontracting. The
GRANTEE may, at its discretion, specifically approve in writing any of the provisions of a
third party agreement or subcontract; however, such approval obtained as required by this
clause shall not be construed to be a determination of the allowability of any cost under the
subcontract. Individual training courses for program participants are subject to the
provisions of the NCOA/SCSEP Procedures Manual regarding approval of participant
training.
E. Indemnification
SUBGRANTEE covenants and agrees to and does hereby indemnify and hold harmless
GRANTEE from and against any and all injury, damage or destruction of property of
GRANTEE arising out of or in connection with all acts or omissions of SUBGRANTEE, its
officers, agents, employees, subcontractors, invitees, licensees, or program participants, or
caused in whole or in part, by presumed negligence of officers, agents, or participants of
SUBGRANTEE.
In the event it is determined that SUBGRANTEE has misused, misapplied or
misappropriated all or any part of these grant funds described herein, SUBGRANTEE
agrees to indemnify, hold harmless and defend GRANTEE and its officers, agents, and
employees, from and against any and all claims or suits resulting from such misuse,
misapplication or misappropriation of such funds.
SUBGRANTEE shall be responsible for indemnifying GRANTEE for any awards, costs, or
penalties, including legal expenses, arising out of SUBGRANTEE'S activities.
F. Miscellaneous Provisions
(1) Personnel and Records Availability
Personnel and records must be available to Authorized Representatives of
GRANTEE, the United States Department of Labor, and the Comptroller General of
the United States.
Such authorized representatives shall, during business hours, have access to, for
inspection and copying: books, records, memoranda, correspondence, personnel
staffing records, tapes or electronic transcriptions, and any other documents.
Authorized representatives have the right to inspect the SUBGRANTEE'S facilities,
monitor and review, through on-site visits, all program activities, personnel, staff,
services, and programmatic and administrative practices, supported with funds
under this Subgrant to ensure compliance with the terms of this Subgrant.
GRANTEE'S staff shall monitor SUBGRANTEE, through on-site visits and program
data, all Subgrant activities, services, administrative and management practices,
funded in whole or in part through this Subgrant. Such monitoring shall be
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announced and shall be accomplished by data collection through comprehensive
on-site review of SUBGRANTEE'S records, interviews with administrative/program
staff and participants, and by the examination of training sites and conditions.
SUBGRANTEE must make available for review and duplication, at SUBGRANTEE's
cost, all records required for this monitoring process.
(2) Conflict of Interest
SUBGRANTEE shall establish safeguards to prohibit persons funded in whole or in
part by this agreement from using their positions for a purpose that constitutes or
presents the appearance of personal or organizational conflict of interest, or
personal gain.
(3) Lobbying
SUBGRANTEE will not attempt to influence any member of Congress, State or local
legislator to favor or oppose any legislation or appropriation with respect to this
agreement.
CERTIFICATION REGARDING LOBBYING
Certification for Contracts, Grants, Loans, and Cooperative Agreements
By accepting this subgrant, the signer hereby certifies, to the best of his or her
knowledge and belief, that:
No Federal appropriated funds have been paid, by or on behalf of the undersigned,
to any person for influencing or attempting to influence an officer or Member of
Congress, or any employee of a Member of Congress in connection with the
awarding of any Federal contract, the making of any Federal grant, the making of
any Federal loan, the entering into of any cooperative agreement, and the extension,
continuation, renewal, amendment or modification of any Federal contract, grant,
loan or cooperative agreement.
No part of any appropriation contained in this Act shall be used, other than for
normal and recognized executive-legislative relationships, for publicity or
propaganda purposes, for the preparation, distribution, or use of any kit, pamphlet,
booklet, publication, radio, television, or film presentation designed to support or
defeat legislation pending before the Congress, except in presentation to the
Congress itself.
~
No part of any appropriation contained in this Act shall be used to pay the salary or
expenses of any grant or contract recipient, or agent acting for such recipient,
related to any activity designed to influence legislation or appropriation pending
before the Congress.
If any funds other than Federal appropriated funds have been paid or will be paid to
any person for influencing or attempting to influence an officer or employee of any
agency, a Member of Congress, an officer or employee of Congress, or an
employee of a Member of Congress in connection with this Federal contract, grant,
loan or cooperative agreement, the undersigned shall complete and submit
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Standard Form - LLL, "Disclosure Form to Report Lobbying" in accordance with its
instructions.
The undersigned shall require that the language of this certification be included in
the award documents for all subawards at all tiers (including subcontracts,
subgrants, and contracts under grants, loans, and cooperative agreements) and that
all subrecipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed
when this transaction was made or entered into. Submission of this certification is a
prerequisite for making or entering into this transaction imposed by Section 1352,
Title 31, U.S. Code, Any person who fails to file the required certification shall be
subject to a civil penalty of not less than $10,000 and not more than $100,000 for
each such failure.
(4) Debarment, Suspension and Other Responsibility Matters
CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER
RESPONSIBILITY MATTERS
The SUBGRANTEE certifies to the best of its knowledge and belief, that it and its
principals:
(a) Are not presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from covered transactions by any Federal
department or agency; -
(b) Have not within a three-year period preceding this proposal been convicted
of or had a civil judgment rendered against them for commission of fraud or a
criminal offense in connection with obtaining, attempting to obtain, or
performing a public (Federal, State, or local) transaction or contract under a
public transaction; violation of Federal or State antitrust statutes or
commission of embezzlement, theft, forgery, bribery, falsification or
destruction of records, making false statements, or receiving stolen property;
(c) Are not presently indicted for or otherwise criminally or civilly charged by a
government entity (Federal, State, or local) with commission of any of the
offenses enumerated in paragraph (b) of this certification; and
(d) Have not within a three-year period preceding this subgrant had one or more
public transactions (Federal, State or local) terminated for cause or default.
(5) Scope of Agreement
That this written instrument, including all Exhibits attached to and incorporated
herein, constitutes the entire agreement by the parties hereto concerning the work
and services to be performed hereunder, and any prior or contemporaneous, oral or
written agreement which varies from the terms hereof shall be void.
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That the provisions of this agreement are severable and if for any reason a clause,
sentence, paragraph or other part of this agreement shall be determined to be
invalid by a court, federal agency, board or commission having jurisdiction over the
subject matter thereof, such invalidity shall not affect other provisions which can be
given effect without the invalid provision. Provided, however, that GRANTEE retains
the right to revoke this AGREEMENT in its entirety, at GRANTEE'S discretion, in the
event of non-compliance by SUBGRANTEE or if GRANTEE has a reasonable basis
for believing the SUBGRANTEE is not or will not be carrying out the project as
specified herein and according to GRANTEE's Program directives and applicable
state and Federal law.
III. GENERAL ADMINISTRATIVE PROVISIONS
A. Period of Performance
That the term of this Subgrant shall be for the dates specified on page 1 of this agreement,
unless amended as described in Article III, Clause I.
B. Total Funds Awarded
That it is understood and agreed that in no event shall the total distribution of federal grant
funds made by GRANTEE to SUBGRANTEE during the term of the Subgrant exceed the
specific amount agreed upon and set forth on page 1 of this agreement, unless amended as
described in Article III, Clause I.
That it is further understood and agreed that the GRANTEE will pay not more than 90
percent of the cost of any project, and that the non-federal share may be cash and/or in-
kind contributions.
c. Subgrant Identification
The SUBGRANTEE agrees to utilize the Subgrant Number on all correspondence,
communication, reports, vouchers, invoices, publications, and all data concerning this
Subgrant as delivered hereunder.
In the event the SUBGRANTEE makes any public announcements, written or oral,
publicizes or furnishes information on/or concerning activities under this Subgrant, such
item or activity shall include information that the project is funded by a Subgrant with The
National Council on the Aging, Inc., with funding provided by the United States Department
of Labor,
The SUBGRANTEE shall when issuing statements, press releases, requests for proposals,
bid solicitations, and other documents describing projects or programs funded in whole or in
part by this subgrant, clearly state that the project will be financed with Federal money, and
the dollar amount of Federal funds for the project or program.
The SUBGRANTEE further agrees to utilize, on all stationery and correspondence and
other appropriate materials, the NCOA/SCSEP program identification logo provided by the
GRANTEE. Said logo identifies the SUBGRANTEE's SCSEP activities as being funded in
whole or in part by the GRANTEE.
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D. Compliance with Applicable Laws, Regulations and Guidelines
(1) General Compliance
That the SUBGRANTEE, its officers, agents, employees and subcontractors, shall
abide by and comply with all laws, federal, state and local, and all rules and
regulations of GRANTEE. It is further agreed and understood that as GRANTEE
calls to the attention of SUBGRANTEE any such violation on the part of
SUBGRANTEE or program participants, the SUBGRANTEE shall immediately desist
from and correct such violation,
(2) Laws and Regulations Incorporated by Reference
The provisions of the following Acts, and applicable regulations made pursuant to
said Acts, and other listed directives, are hereby incorporated by reference.
All changes in said Acts, regulations, and directives are automatically incorporated
into this Subgrant.
a. Older Americans Community Service Act, Title V, as amended by the Older
Americans Act Amendments of 1992.
b. Federal regulations governing Title V operations as published in the Federal
Register of May 17, 1995 at 20 CFR Part 641.
c. Contract Work Hours and Safety Standards Act (40 USC 327-332).
d. Office of Management and Budget (OMB) Circulars.
e. Audit Requirements at 29 CFR Part 96.
f. Debarment and Suspension Regulations (including the requirements for a
drug-free workplace) at 29 CFR Part 98.
g. Administrative Regulations, at 29 CFR Part 95 and/or 29 CFR Part 97.
h. NCOA/SCSEP Policy and Procedures Manual.
I. Equal Employment Opportunity Directives.
J, Title VI of the Civil Rights Act of 1964 (PL 88-352).
k. Uniform Relocation and Assistance and Real Property Acquisitions Act of
1970 (PL 91-646).
I. Title IX of the Education Amendments of 1972, as amended.
m. Section 504 of the Rehabilitation Act of 1973, as amended.
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n, The Age Discrimination in Employment Act of 1975, as amended.
o. The Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as
amended.
p. The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment
and Rehabilitation Act of 1970 (P.L. 91-616), as amended.
q. Lobbying Restrictions at 29 CFR Part 93.
(3) Participant Benefits
The SUBGRANTEE agrees to provide all program participants with participant
benefits as required by state and Federal law and, in addition, as directed by the
GRANTEE. Failure to comply with this paragraph shall constitute grounds for
revocation of this AGREEMENT. SUBGRANTEE agrees to indemnify GRANTEE
for any costs, awards, penalties or associated expenses, including legal fees,
incurred by the GRANTEE, arising out of SUBGRANTEE'S participant benefit
policies.
E. Funding Obligations and Payments
That in consideration of full and satisfactory performance hereunder, GRANTEE shall be
liable to SUBGRANTEE for the actual costs incurred by SUBGRANTEE for performance
rendered, subject to the following limitations:
GRANTEE shall not be liable to the SUBGRANTEE for any costs in excess of the approved
amount.
GRANTEE shall not be liable to the SUBGRANTEE for expenditures made in violation of
regulations promulgated under the Older Americans Act, violation of the regulations found
at 29 CFR Part 95 or Part 97 and Office of Management and Budget Circulars A-87 or A-
122, or in violation of any other regulations and/or management circulars promulgated
under the Act or other applicable statute or regulation.
GRANTEE may, at its sole discretion, make an initial advance to SUBGRANTEE before
insured or collateralized bank account(s) have been established. No further advances shall
be made until GRANTEE has received proof from SUBGRANTEE that such bank accounts
have been insured or collateralized in accordance with 12 U,S.C. 1821 (Supplement 176-
1977).
SUBGRANTEE shall minimize the time period between the transfer of cash from GRANTEE
to SUBGRANTEE and the disbursement of funds in accordance with the Act, regulations,
management circulars and GRANTEE directives. Advance funds requests are required to
be limited to the minimum amounts necessary for immediate disbursement needs by the
SUBGRANTEE for project expenditures. Maximum cash on hand, at any given time, shall
not exceed three (3) calendar days of planned expenditures.
Payments under this Subgrant are conditioned in their entirety upon SUBGRANTEE'S full
and satisfactory performance of its obligations under this Subgrant.
NCOA: 2002 Subgrant Agreement 02,21,02
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It is expressly understood and agreed by the parties hereto that if SUBGRANTEE fails to
submit to the GRANTEE in a timely and satisfactory manner any report required by this
Subgrant, GRANTEE may, at its option and in its discretion, withhold any or all payments
otherwise due SUBGRANTEE hereunder. GRANTEE may withhold payments until such
time as delinquent obligations are fulfilled by SUBGRANTEE,
The GRANTEE may withhold from payment to the SUBGRANTEE, direct administrative
costs and the indirect costs invoiced for under this Subgrant for failure to submit required
reports accurately and timely, Amounts withheld will be released upon submission of
satisfactory reports.
If prior approval has been provided by the GRANTEE, an advance payment to the
SUBGRANTEE may be made for exceptional circumstances.
F. Interest-Bearing Bank Account
SUBGRANTEES (except for States) that are on an advance payment system are required
to maintain the advances received from the GRANTEE in an Interest-Bearing Bank
Account.
Interest earned in excess of $100 during the subgrant period is required to be remitted to
the GRANTEE.
The funds in the Interest-Bearing Bank Account may be withdrawn by the SUBGRANTEE
solely for the purposes of making payments for items of allowable costs within the terms of
this Subgrant, or to reimburse the GRANTEE in accordance with closeout procedures.
Authorized representatives of the GRANTEE shall have access to the books and records
maintained by the Bank with respect to such Interest-Bearing Bank Account at all
reasonable times and for all reasonable purposes, including, but not limited to, the
inspection or copying of such books and records and any and all memoranda, checks,
correspondence, or other documents pertaining thereto.
G. Program Income
All records and accounts of program income are to be maintained and reported in
accordance with the financial management requirements contained in 29 CFR Part 95,
Money generated by any income-producing activity under this Subgrant shall be applied to
the cost of the activity, and reimbursement under this Subgrant reduced accordingly by the
GRANTEE. Use of program income for other allowable Title V activities requires the written
approval of the GRANTEE'S SCSEP National Director.
H. Use of Federal Funds
Federal Funds received as a result of this Subgrant may be expended only for purposes
permitted under the provisions of the Act, and within the authorized amount and time frame
prescribed in writing by the GRANTEE.
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I. Subgrant Modifications and Changes
(1) Time Limitations
That except as otherwise provided herein, any alterations, additions, or deletions to
the terms of this Subgrant shall be by modification hereto in writing and executed by
both parties to this Subgrant. The duly authorized representative of the GRANTEE
and an authorized agent of the SUBGRANTEE as specified must sign any
modification pursuant to this Clause in Subgrant Article II.
If the SUBGRANTEE is directed to make any changes whatsoever by any person
other than the GRANTEE'S SCSEP National Director, or his duly authorized
representatives, which they feel will change the period of performance, require
additional effort, affect the cost of the Subgrant or change any other terms and
conditions, the SUBGRANTEE shall immediately make a written request to the
GRANTEE'S SCSEP National Director, the NCOA Vice President for Workforce
Development, for official approval to proceed. The SUBGRANTEE is cautioned that
any changes prior to official GRANTEE SCSEP National Director's written approval
shall be at SUBGRANTEE'S own risk.
(2) Line Item Transfers
The flexibility of federal fund transfers within the Subgrant budget will be allowed
provided that:
(a) The total federal funds awarded for this Subgrant are not exceeded;
(b) The administrative portion of the budget is not increased; and
(c) No single cost category is increased or decreased by more than 5 percent of
its budgeted amount.
(3) Other Modifications
Prior approval, through formal modification of this agreement, is required for:
(a) A net increase or decrease from the approved enrollment level exceeding 10
percent.
(b) Any significant changes in the scope of the project.
(c) The transfer of Federal funds allocated for participant wages and fringe
benefits to other categories of expense.
(d) The addition of any cost items requiring approval in accordance with the
provisions of Office of Management and Budget Circulars A-8? and A-122.
(4) Changes
That any alterations, additions, or deletions to the terms of this Subgrant which are
NCOA: 2002 Subgrant Agreement 02-21,02
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required by changes in Federal laws, and by Federal Regulations promulgated
pursuant thereto are automatically incorporated into this agreement on the date
designated by law or regulation.
The parties hereto expressly agree that GRANTEE shall have the right to make
unilateral amendments to this Subgrant necessary to assure conformity to federal
law, availability of funds, and regulations by the issuance of written Notification of
Change duly signed by the GRANTEE'S SCSEP National Director. If such changes
cause an increase or decrease in the cost of performance of this Subgrant or in the
time required for performance, an equitable adjustment shall be made in the amount
of funds obligated and the Subgrant shall be modified in writing accordingly. If
SUBGRANTEE cannot conform to a Notification of Change, it shall notify GRANTEE
of such, in writing, within five (5) working days of receipt of such Notification of
Change.
Failure to agree on any adjustment shall be a "Dispute" concerning a fact within the
meaning of this Subgrant and shall be submitted through GRANTEE'S normal
channels for resolution. However, nothing in this clause shall excuse the
SUBGRANTEE from proceeding with the agreement as changed, until final
resolution.
If SUBGRANTEE cannot conform to the changes required by Laws, Federal
Regulations promulgated pursuant thereto, GRANTEE Directives or Management
Circulars, then SUBGRANTEE shall notify the GRANTEE in writing within 30 days of
promulgation. GRANTEE may then establish procedures for the suspension or
termination of SUBGRANTEE'S programs, if appropriate, until such time as the
"Dispute" is finally resolved.
J. Subgrant Termination
That the performance of work under the Subgrant may be terminated by the GRANTEE in
accordance with this Clause in whole or in part:
(1) Termination for Cause
The GRANTEE or the SUBGRANTEE may terminate this Subgrant when it has
been determined that the other party has failed to provide any of the services
specified, or failed to comply with any Federal requirement or provisions contained
within this Subgrant. If the SUBGRANTEE fails to perform in whole or in part the
terms of this Subgrant or fails to make sufficient progress so as to endanger
performance, the GRANTEE will notify the SUBGRANTEE of such unsatisfactory
performance in writing. The SUBGRANTEE has ten (10) working days in which to
respond with a written plan acceptable to the GRANTEE for correction of
deficiencies. If the SUBGRANTEE does not respond within the appointed time with
appropriate plans, the GRANTEE shall serve a Notice of Termination on the
SUBGRANTEE which will become effective within thirty (30) days after receipt. In
the event of termination, the GRANTEE shall be liable for payment only for services
prior to the effective date of the termination, provided that such services are in
accordance with the provisions of this Subgrant and are allowable costs as specified
in the regulations,
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(2) Termination for Convenience
Either the GRANTEE or SUBGRANTEE may request a termination for convenience.
Either party shall give a thirty (30) day advance notice, in writing, of the effective
date of such a termination. The SUBGRANTEE shall be entitled to receive just and
equitable compensation for any allowable services satisfactorily performed
hereunder through the date of termination.
(3) Notice of Termination
Whenever for any reason the GRANTEE shall determine that such termination is
necessary for the GRANTEE, any such termination shall be effective by delivery to
the SUBGRANTEE of a Notice of Termination specifying whether termination is for
cause or for the convenience of the GRANTEE, the extent to which performance of
work under the Subgrant is terminated, and the date upon which such termination
becomes effective. Upon such termination of this Subgrant, the GRANTEE will
determine the amount due the SUBGRANTEE, or otherwise, such sum will in no
event exceed the face value of this Subgrant.
In the event of a partial termination, the portion of the fee which is payable with
respect to the work under the continued portion of the Subgrant shall be equitably
adjusted by agreement between the SUBGRANTEE and the GRANTEE, and such
adjustment shall be evidenced by a modification to this AGREEMENT.
K. Closeout Procedures
The SUBGRANTEE will submit subgrant closeout data no later than 45 days after the
expiration of this agreement. Guidelines for completion of the closeout package are
contained in the NCOA-SCSEP Procedures Manual.
A SUBGRANTEE who is delinquent in submitting a refund check may be prohibited from
entering into a Subgrant for the fiscal year following the Subgrant closeout period, and/or
payments under an existing subgrant may be suspended.
IV. FINANCIAL MANAGEMENT PROVISIONS
A. Accounting System
TheSUBGRANTEE will maintain complete and accurate records justifying all actual and
accrued expenditures, leaving a clear audit trail to the point of origin. Costs shall be
segregated, as directed within the framework of this Subgrant. Also, an accrual reporting
system shall be implemented and maintained, and utilized for monthly reporting of program
expenditures.
That in the event that GRANTEE determines that the record-keeping system of
SUBGRANTEE does not comply with Federal guidelines, an accounting firm may do
financial accounting approved by GRANTEE. The Cost shall be deducted monthly from the
funds allocated to SUBGRANTEE.
NCOA: 2002 Subgrant Agreement 02-21,02
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SUBGRANTEE shall retain on file written evidence to support all expenditures accrued, on
a monthly basis, and report such expenditures to GRANTEE. SUBGRANTEE shall
maintain accounts in such a way that they are traceable to source documentation of unit
transactions. Source documents will be maintained for all transactions.
SUBGRANTEE shall insure that GRANTEE, the Comptroller General of the United States,
the U.S. Department of Labor, or any of their authorized agents have the right of access for
examination and reproduction of any books, accounts or records of SUBGRANTEE
and its subcontractor(s), and shall maintain such right of access as a condition of any
subcontract award, This access shall include records of program income, and cost
allocation plans.
The SUBGRANTEE assures and certifies that it has complied with the requirements of
Federal, state and local laws regarding the obtaining of employer identification/account
numbers and the collection, payment, deposit, and reporting of federal, state and local
taxes. In addition to certifying compliance for all prior subgrants with the GRANTEE, if
applicable, the SUBGRANTEE further assures continuing compliance throughout the period
covered by this Subgrant.
B. Bonding
That SUBGRANTEE shall, before an advance or any payment or compensation is made
under this Subgrant, furnish proof to the GRANTEE that it has a fidelity bond covering all
officers and employees of the SUBGRANTEE who are responsible for the receipt, custody
and disbursement of program assets. Such a fidelity bond shall be conditioned that the
surety executing such bond agrees to indemnify the SUBGRANTEE and ultimately the
GRANTEE as appropriate, against any direct loss of money or other personal property, for
which the SUBGRANTEE is legally responsible under the terms of this Subgrant. Such
bond shall be in an amount equal to one-half of one month's budgeted costs but no less
than TWENTY-FIVE THOUSAND DOLLARS ($25,000). Such bond must remain in force
throughout the entire period covered by this agreement, and advance written notice of thirty
(30) days shall be given to GRANTEE of any intent to cancel such fidelity bond by either the
SUBGRANTEE or the surety.
c. Equipment
(1) Purchase and Maintenance of Equipment
The purchase of all nonexpendable personal property requires prior written approval
by the GRANTEE. The execution of this Subgrant, inclusive of all exhibits, does not
constitute prior approval. No purchases of equipment shall be allowed during
the last quarter of the Subgrant period.
SUBGRANTEE shall follow the provisions of 29 CFR Part 95 for all purchases of
property with Subgrant funds. However, should the SUBGRANTEE have, or the
GRANTEE issue, a more restrictive policy, then the most restrictive policy shall
apply.
The titles to all property purchased with Subgrant funds remain vested in the
GRANTEE. The GRANTEE may take possession of all such property upon
NCOA: 2002 Subgrant Agreement 02.21.02
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termination of the Subgrant. or on evidence that property's utilization is not
consistent with the Subgrant.
SUBGRANTEE shall maintain an up-to-date inventory of all Subgrant property in its
custody, and shall maintain the property in good condition. This includes property
currently on hand from previous subgrants/contracts with the GRANTEE, surplus
government property utilized for the Subgrant. and all new purchases under this
Subgrant. SUBGRANTEE shall submit inventory as part of the closeout package
referenced at Article III, Clause K.
This clause is applicable to all office furnishings and equipment, tools, and materials
used in training and services activities,
(2) Lease, Rental and Lease-Purchase/Property Improvements
The GRANTEE reserves the right of reviewing and approving all applicable lease,
rental and lease/purchase agreements of the SUBGRANTEE. SUBGRANTEE shall
maintain and make available to the GRANTEE copies of all documents relative to
bids, quotations and offers related to the agreements. Lease, rental and
lease/purchase agreements may be reviewed for a fair and reasonable cost analysis
prior to approval.
Any remodeling and rehabilitation must be reviewed by the GRANTEE and written
approval provided by the GRANTEE prior to the SUBGRANTEE expending funds
from this Subgrant.
Funds from this Subgrant are prohibited from use for capital improvements on
privately owned property.
D. Indirect Costs
That SUBGRANTEE will not be reimbursed for any indirect cost incurred in performance
under this Subgrant unless SUBGRANTEE has a current Indirect Cost Negotiated
Agreement, fully executed by a cognizant Federal Agency, and been given prior written
approval by GRANTEE.
E. Insurance
That SUBGRANTEE shall procure and thereafter maintain all private and public insurance
coverage required by Federal, State and local law, and as detailed in the NCOA-SCSEP
Procedures Manua/.
F. Audits
As required by Department of Labor regulations (29 CFR Part 96), recipients of Department
of Labor grants are required to obtain annual organization-wide audits. SUBGRANTEES
who are States, Local Governments, or Indian Tribes are required to have the audits
performed in accordance with Office of Management and Budget (OMB) Circular A-128,
"Uniform Audit Requirements for State and Local Governments."
NCOA 2002 Subgrant Agreement 02,21,02
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SUBGRANTEES who are colleges and universities, and other non-profit organizations are
required to have the audit performed in accordance with the requirements contained in
OMB Circular A-133.
The audits should be made annually, but must be made at least biennially. Audits
conducted biennially shall cover both years within the biennial period. OMB Circular A-133
provides detailed guidance on the conduct of organization-wide audits. Colleges and
universities, and other nonprofit organizations are required to follow this guidance in the
conduct of the audits.
Costs of organization-wide audits may be reimbursed if funds are provided for the audit in
the administrative expense category of the approved subgrant budget.
The SUBGRANTEE is required to submit copies of the audit reports to the GRANTEE when
they are completed, along with the SUBGRANTEE's responses to recommendations or
findings that pertain to the subgrant and the repayment of any audit exceptions for
improperly spent subgrant funds.
Audits of this Subgrant will be performed by the GRANTEE (including a representative of
the U.S. Department of labor or others, if applicable), and findings of such audits thereof
will be provided to the SUBGRANTEE.
All books of accounts, ledgers, supporting records and worksheets pertaining to the
financial records of the subgrant shall be retained for a period of three (3) years from the
final closeout date of the GRANTEE'S prime grant. Records shall be retained beyond the
3-year period if audit findings have not been resolved, or if requested by GRANTEE.
In the event of disallowance or audit exception by the GRANTEE, including any exception
resulting from a U.S. Department of labor audit, of any expenditure which it considers to be
an item not properly allocable to the work, or reimbursable under this Subgrant, the
GRANTEE shall notify the SUBGRANTEE in writing of the disallowance, giving full
particulars and reasons for disallowance. In the event the SUBGRANTEE concurs, the
amount disallowed may be withheld by the GRANTEE from the next advance, if any; or if
there is no next advance, the SUBGRANTEE shall make payment to the GRANTEE. In the
event the SUBGRANTEE does not concur with a disallowance or audit exception, the
matter may be referred to the appropriate official of the U.S. Department of labor for
review, after the GRANTEE'S Audit Resolution procedures have been exhausted.
Notwithstanding any other provision of law or this AGREEMENT, the SUBGRANTEE shall
indemnify and/or reimburse GRANTEE for any disallowances or exceptions, and for any
associated or consequential costs thereof, resulting from a DOL audit or otherwise.
V. PROGRAM MANAGEMENT PROVISIONS
A. Policies and Records
(1) Personnel Policies
The SUBGRANTEE shall provide, prior to the execution of this agreement, a copy of
its approved personnel policies, for both staff and participants.
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(2) Travel
The SUBGRANTEE shall provide, prior to the execution of this agreement, a copy of
its approved travel policies, which apply to staff and program participants. Travel
costs must be consistent with policies and procedures that apply uniformly to both
federally financed and other activities of the SUBGRANTEE. Detailed travel records
must be kept in order to substantiate travel charges made in connection with
subgrant activities.
All travel outside of the SUBGRANTEE'S jurisdiction must be approved, in writing,
by the GRANTEE. The reimbursement rate for local travel shall not exceed the
Federally authorized rate as communicated to the SUBGRANTEE by the
GRANTEE.
(3) Accessibility to Personnel and Records
In addition to the requirements imposed elsewhere in this Subgrant, SUBGRANTEE
shall insure that sufficient, auditable, and otherwise adequate records are
maintained which support the expenditure of all funds received through this
Subgrant. Such records shall be sufficient to allow the U.S. Department of Labor
and GRANTEE to audit and monitor SUBGRANTEE, and shall include the
maintenance of management information system (MIS) records in accordance with
the required GRANTEE MIS system.
The SUBGRANTEE shall comply with all requirements imposed by law and the
GRANTEE regarding the maintenance of a record of each individual's participation
in the SCSEP, including dates of entry and termination, and services provided. All
non-active participant and program records shall be maintained for a minimum three
(3) year period following closeout of the GRANTEE'S OAA Title V prime grant. If,
prior to the expiration of the three (3) year retention period, any litigation or audit is
begun or a claim is instituted involving the agreement covered by the records, the
SUBGRANTEE shall retain the records beyond the three (3) year period until the
litigation, audit finding, or claim has been finally resolved. GRANTEE will formally
notify the SUBGRANTEE of the expiration of each subgrant retention period.
Disposal of records, without GRANTEE approval, is at the SUBGRANTEE'S risk.
B. Program Staff
The SUBGRANTEE shall designate a Project Director to be responsible for administration
of the SCSEP. Appointment shall be subject to consultation with GRANTEE. Other staff
necessary to administer, manage and/or operate this subgrant shall be program participants
whenever feasible, and project staffing arrangements shall be subject to approval by the
GRANTEE.
GRANTEE shall be provided advance notification, of at least 10 days, of any proposed
changes in project administrative personnel and/or staffing arrangements.
C. Advisory Council
SUBGRANTEE agrees to develop a mechanism for securing the largest and broadest
NCOA: 2002 Subgrant Agreement 02-21,02
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possible community support for the project, such as an Advisory Council. The Advisory
Council is to provide advice, assistance and support, while not functioning as a program
policy-making body. The Advisory Council may be a committee or sub-committee of a
larger aging, employment, or human services program council. Membership should
include, but not be limited to, participants, professional persons who are specialists in the
field of aging, employment and human services programs, local labor leadership and
representatives of private industry. A listing of the membership shall be submitted to the
GRANTEE as part of the renewal of this subgrant, and whenever changes are made in
committee representatives.
VI. REPORTING REQUIREMENTS
A. Financial Reports
The SUBGRANTEE shall deliver to GRANTEE'S Finance Department, a monthly financial
report of its expenditure of funds received under this Subgrant. The report must have
original signatures, and must be received by the 15th day of the month following the
reporting period. The GRANTEE, at its discretion, may require SUBGRANTEE to submit an
additional statement each month that will reflect the following:
(a) Purpose of each expenditure;
(b) Payee of each expenditure;
(c) Amount of each expenditure; and
(d) Name of person requesting each expenditure.
A copy of the Monthly Financial Report (MFR), and all attachments, shall be submitted to
the designated NCOA Regional Manager.
B. Management Information System (MIS) Reports
The SUBGRANTEE shall submit properly certified participant tracking reports to the
GRANTEE. These reports shall be submitted in the format and within the time frame
prescribed by the GRANTEE. The reports shall include but not be limited to, information on
enrollment, activity change and termination of participants. The NCOA-SCSEP
Procedures Manual provides a full description of all required reports, due dates, and
persons to whom copies are distributed.
c. Other Reports
The SUBGRANTEE shall prepare in accordance with written directives those documents as
specified by the GRANTEE to enable the GRANTEE to summarize and report the status of
the program as set forth in this Subgrant and as required by the Department of Labor, other
Federal agencies, and the GRANTEE. This data, along with other reports will be used to
determine the performance of this Subgrant as set forth herein,
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VII. PERFORMANCE
A. Performance Standards
The SUBGRANTEE shall have adequate administrative and accounting controls, personnel
standards, evaluation programs and other policies as may be necessary to promote the
effective use of funds and to comply with Title V regulations.
Performance by the SUBGRANTEE shall be measured monthly, by the GRANTEE, on a
cumulative basis against goals and standards specified in this AGREEMENT and
incorporated by reference. The performance standards for program activities under this
Subgrant, as outlined in the Program Narrative, shall also be monitored. It will be the
responsibility of the SUBGRANTEE to determine the nature, extent and cause of
performance below relevant goals.
B. Program and Financial Goals
GRANTEE will review and analyze, at least monthly, all reports submitted pursuant to
provisions for program and financial goals set forth in this Subgrant. The GRANTEE
reserves the right to require replanning or other appropriate action that may include the
unilateral deobligation of funds.
The SUBGRANTEE will be expected to perform according to monthly financial plans, as
stipulated in the Budget; however, appropriate procedures must be initiated to assure that
the total subgrant is not over-expended. The unsubsidized placement goal is stipulated on
page 1 of this AGREEMENT, and progress toward achieving it shall be reviewed on a
monthly basis.
Participant service plans, as stipulated in the narrative/workplan, shall be continuously
reviewed to determine that goals are being met.
C. Evaluation
The frequency, format, accuracy and time of submission of required MIS and financial
reports and invoices shall conform to instructions published by the GRANTEE. The
submission of delinquent or faulty data will be recorded and such occurrences shall result in
an adverse effect upon the evaluation of the overall performance of the SUBGRANTEE,
and may result in the suspension or termination of the Subgrant.
The submission of reports shall not be the only criterion by which the SUBGRANTEE is
evaluated. Total performance within the scope of this Subgrant, Title V of the Older
Americans Act and regulations, other applicable laws and regulations, and GRANTEE
Directives, will all affect the evaluation of the Subgrant.
VIII. MISCELLANEOUS
All documents, records, reports, forms, or any other material maintained, completed, or
submitted by the SUBGRANTEE in connection with the performance of the work, as well as any
equipment, furniture, other tangible property (if any) acquired with funds provided or reimbursed
by the GRANTEE, shall be the exclusive property of the GRANTEE and shall be delivered to the
NCOA 2002 Subgrant Agreement 02,21,02
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GRANTEE at the termination date or earlier termination of this Subgrant, or upon request
therefor.
All rights of copyright, reproduction, and disposal of the material gathered by the
SUBGRANTEE, including but not limited to the aforesaid documents, reports, and forms, shall
belong exclusively to the GRANTEE, with the exception that the SUBGRANTEE is authorized to
make and retain for its official records, copies of documents and reports provided to the
GRANTEE.
No publication or dissemination of any kind shall be made of material, reports, or results of this
SCSEP by SUBGRANTEE without the prior consent of the GRANTEE, with the exception that
the SUBGRANTEE may provide normal public information concerning the program, its purpose,
and requirements for enrollment. The SUBGRANTEE may publish statistical data concerning
participation and progress of the program.
It is understood and agreed that this AGREEMENT incorporates and includes all prior
negotiations, correspondence, conversations, agreements, or understandings applicable to the
matters contained herein, and the parties agree that there are not commitments, agreements, or
understandings concerning the subject matter of this AGREEMENT that are not contained
herein. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated
upon any prior representations or agreements whether written or oral; it is further agreed that no
modification, amendment or alteration in the terms or conditions contained herein shall be
effective unless contained in a written document executed with the same formality and of equal
dignity herewith.
To provide services as set forth in the Subgrant Narrative, the SUBGRANTEE shall continuously
manage and operate this Subgrant at the administrative office noted on Page 1 of this
agreement, and the administrative and operational offices listed in Exhibit C.
IX. AUTHORITY TO EXECUTE
Each of the parties hereto covenant to the other party that it has lawful authority to enter into this
AGREEMENT and has authorized the execution of this AGREEMENT by the party's authorized
representative. This AGREEMENT shall be effective upon execution by both parties.
NCOA: 2002 Subgrant Agreement 02,21,02
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