DELEGATION OF RESPONSIBILITIES
§ 131.61. Grantee-delegate responsibilities to grantor.
Every grantee funded under the Program, is completely responsible for the actions of every delegated activity or activities. To insure this premise, the grantee shall conform with the following:
(1) Contracts. A contract or agreement shall be executed in writing for the delegation of activities, signed by the Executive Director and Board Chairperson or President of the delegated agency.
(2) Submission. A copy or copies of the Delegate Agency Agreement shall be submitted to the grantor for approval, after which the agreement becomes an integral part of the grantee’s work program and budget.
(3) Stipulation. The grantee-delegate agreement shall stipulate the following conditions: work to be performed; delegate shall in a satisfactory manner as determined by the grantee, either perform all activities for the program of the grantee, as approved in the grant of the grantor to the grantee, or explicit description, in writing, of the obligation of the delegate.
(4) Compliance with approved program. All activities authorized by this grantee-delegate written agreement will be performed in accordance with the approved work program, the approved budget, the grant conditions and relevant grantor directives.
(5) Reports, records and evaluation. The grantee shall supervise, evaluate and provide guidance and direction to the delegate in the conduct of activities delegated under this contract. The delegate agrees to submit to the grantee such reports as may be required by grantor or by the grantee, including reports on work program progress for each delegated activity.
(6) Audits. Every grantee shall obtain from their delegates copies of interim and final audits, as a part of the grantee’s audit responsibility to the grantor. All delegates handling cash must submit a copy of a fidelity bond to the grantee. Such bond will provide coverage to meet the requirements listed in § 131.81 (relating to bonding). All earned interest on program funds must be turned over to the Department.
(7) Changes. Grantees may from time to time request changes in scope of services or budget changes for the delegate. All such requests for change must be in writing with complete justification showing original and revised budgets and approved by grantee and grantor.
(8) Time and attendance. Delegates must keep time and attendance records for all employes, signed jointly by the employe and the supervisor before payment for services.
(9) Compliance with local laws. Delegates shall comply with all applicable laws, ordinances and codes of the State and local governments. Furthermore delegates shall not discriminate against any employe or applicant for employment because of race, sex, creed, color or national origin. The grantee shall take affirmative action to ensure that applicants are employed, and that employes are treated during employment, without regard to their race, age, sex, creed, color or national origin.
(10) Covenant against contingent fees. The delegate warrants that no person or selling agency or other organization has been employed or retained to solicit or secure this contract upon an agreement or understanding for a commission, percentage or brokerage, or contingent fee. For breach or violation of this warrant the grantee or the grantor shall have the right to annul this contract without liability or at their discretion, to deduct from the contract, or otherwise recover the full amount of such commission, percentage, brokerage, or contingent fee, or to seek other remedies as legally may be available.
(11) Schedule of payment. Subject to receipt of funds from Commonwealth Program, the grantee agrees to reimburse the delegate for authorized expenditures. An advance of money, mutually agreed upon, will be paid to the delegate for estimated expenditures for a mutually agreed upon number of months. The delegate will submit to the grantee or grantor vouchers that are sufficient to support payment under the accounting procedures of the grantee or grantor established or approved by the accountant of the grantee or the accounting requirements of audits of the grantor. Within 30 days the grantee will approve or disapprove payment of the vouchers, and will make additional payments equal to the amount of such approved expenditures to the delegate. In no event, however, will the delegate receive reimbursement for any cost categories in excess of the approved budget, except as it has received prior written authorization from the grantee or the grantor, which is incorporated into and shall be attached to the grantee-delegate contract.
(12) Termination. The grantee may, by giving reasonable written notice specifying the effective date, terminate the grantee-delegate contract in whole or in part for cause, which shall include the following:
(i) Failure for any reason, of the delegate to fulfill in a timely and proper manner its obligations under this contract, including compliance with the approved program and attached conditions, and such statutes grantee or grantor directives, as may become generally applicable at any time.
(ii) Submission by the delegate to grantee or grantor of any required reports or statements that are incorrect or incomplete in any material respect.
(iii) Ineffective or improper use of funds provided under this contract.
(iv) Suspension or termination by grantor of the grant to the grantee under which this contract is made, or the portion thereof delegated by this contract.
(v) The delegate may terminate this contract with the grantee upon mutual agreement in writing, setting forth explicit reasons for such actions. In the event of any termination, all property and finished or unfinished documents, data, studies and reports prepared or equipment purchased by the delegate under this contract shall be disposed of according to grantee or grantor directives and the delegate shall be entitled to compensation for any unreimbursed expenses reasonably incurred in the satisfactory performance of the contract. Notwithstanding the above, the delegate shall not be relieved of liability to the grantee or grantor for any and all damages sustained by them by virtue of any breach of contract by the delegate and the grantee or grantor may withhold any reimbursement to the delegate for the purpose of set-off until such time as the exact amount of damages due the grantee or grantor from the delegate is agreed upon or otherwise determined. Finally, the grantee shall ensure that the individuals signing for the delegate agency are unequivocally authorized by the Agency’s controlling body to commit the delegate agency to the terms of this contract.
(13) Records and equipment retention. All records of transactions, such as time and attendance, internal controls, checkbook stubs, cancelled checks, cash receipts and cash disbursement journals and general ledgers shall be retained by the grantee-delegate for a period of 3 years, or turned over to the grantor upon request. Any and all equipment purchased with Program funds by delegates must be turned over to the grantee or grantor upon request for contract termination made for cause.
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