Pennsylvania Code › Title 12 - COMMERCE, TRADE AND LOCAL GOVERNMENT › Part V - Community Affairs and Development › Subpart B - Community Empowerment › Chapter 131 - MANPOWER EMPLOYMENT ASSISTANCE AND TRAINING PROGRAM › DELEGATION OF RESPONSIBILITIES › Section 131.61 - Grantee-delegate responsibilities to grantor

Current through Register Vol. 54, No. 28, July 13, 2024
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.