Appendices: Guidelines for Participants
| Operational Guidance To Resettlement Agencies
| General Conditions for Grants and Cooperative Agreements Awarded for Activities Performed Domestic
U.S. Department of State
1. Standardized Assistance Instrument Identification Number: SPRMCO09CA---
2. Amount of Award:
3. Purpose/Scope of Award:
Reception and Placement
4. Grants Officer Contact Information:
Grants Officer, Name/Title
Office of the Comptroller
Bureau of Population, Refugees, and Migration
United States Department of State
SA-l, Suite L505
Washington, D.C. 20522-0105
5. Payment Method:
Payments under this award will be made through the U.S. Department of Health and Human Services Payment Management System (PMS). The Payment Management System instructions are available under the PMS website and can be accessed at the following address: http://www.dpm.psc.gov/. Recipients should request funds based on immediate disbursement requirements and disburse funds as soon as possible to minimize the Federal cash on hand in accordance with the policies established by the U.S. Treasury Department and mandated by the OMB Circulars.
6. Post-Award Compliance:
Department Of State Standard Terms and Conditions for Federal Assistance Awards are incorporated by reference and made part of this Notice of Award. Electronic copies containing the complete text are available at: http://fa.statebuy.state.gov
, under Resources select Notice of Awards (T&Cs) to access the domestic or overseas terms and conditions applicable to the Recipient. The Recipient and any sub-recipient, in addition to the assurances and certifications made part of the Notice of Award, must comply with all applicable terms and conditions during the project period.
7. Authorized Budget
|1. Personnel|| |
|2. Fringe Benefits|| |
|3. Travel|| |
|4. Equipment|| |
|5. Supplies|| |
|6. Contractual|| |
|7. Construction|| |
|8. Other Direct Costs (include per capita as a separate line item)|
a. Per Capita (X,XXX * $900)
|9. Total Direct Costs (lines 1-8)|| |
|10. Indirect Costs* (reflect provisional, pre-determined rate and allocation base)|
|11. Total Costs (lines 9-10)|| |
|12. Cost-Sharing (including recipient and other funding sources)|
8. Reporting and Monitoring:
See Bureau/Program Specific Requirements including Section 8.D and 8.F.
Bureau/Program Specific Requirements
1. SUBSTANTIAL iNVOLVEMENT – See Section 8 including Section 8.D.
2. PRE-AWARD COSTS - N/A (not applicable)
3. PROGRAM INCOME – N/A (not applicable)4. COST SHARING - N/A
(not applicable) ORWhen awarding to a U.S. organization, use the following provision:
It is understood and agreed that the Recipient must provide the minimum amount of cost sharing as stipulated in the Recipient's budget approved by the Grants Officer. Cost sharing may be in the form of allowable direct or indirect costs. The Recipient must maintain written records to support all allowable costs which are claimed as being its contribution to cost participation, as well as costs to be paid by the Federal Government. Such records are subject to audit. The basis for determining the value of cash and in-kind contributions must be in accordance with 2 CFR 215.23 (OMB Circular A-110 (Revised), Subpart C. 23 Cost Sharing and Matching). In the event the Recipient does not provide the minimum amount of cost sharing as stipulated in the Recipient's approved budget, the DOS' contribution will be reduced in proportion to the Recipient's contribution.
5. SUB-RECIPIENTS – N/A (not applicable)
6. Waiver of the acknowledgement of dos or usg involvement – N/A (not applicable)7. waiver of the pUblications for professional audiences –
N/A (not applicable)
8. ADDITIONAL BUREAU SPECIFIC REQUIREMENTS
8.A -- PREAMBLETHE GOVERNMENT OF THE UNITED STATES OF AMERICA
(hereinafter referred to as the "Government"), acting through the Department of State, Bureau of Population, Refugees, and Migration (hereinafter referred to as the "Bureau"), and the , a nonprofit organization with its principal office located at , (hereinafter referred to as the "Recipient"), HEREBY AGREE AS FOLLOWS
, the Bureau is conducting an initial reception and placement program for refugees as authorized under the applicable provisions of the Migration and Refugee Assistance Act of 1962, as amended, and the Immigration and Nationality Act, as amended (the "INA");WHEREAS
, the Bureau deems it appropriate to seek the Recipient's assistance in furtherance of the purposes of this program; andWHEREAS
, the Recipient has indicated its willingness and qualifications to provide the assistance required by the Bureau in a manner acceptable to the Bureau and consistent with applicable legal requirements as described in the Recipient'
s proposal dated , 2008 for the FY 2009 program, incorporated herein as Attachment A;
TheRecipient will assist the Bureau in accordance with the terms and conditions set forth below:8.B - PURPOSE, FUNDING, VALIDITY PERIOD AND DEFINITIONS8.B.1 -- Purposes and Goals
a. The purpose of this agreement is to provide financial support to partially cover the Recipient’s expenses of arranging for the reception and placement of refugees in the United States by ensuring that refugees approved for admission are sponsored and offered appropriate assistance in their initial resettlement in the United States.
b. The goals of this agreement include, but are not limited to, providing refugees with basic necessities and core services during their initial period of resettlement.
c. The goals of this agreement also include assisting refugees in achieving economic self-sufficiency through employment as soon as possible after their arrival in the United States in coordination with publicly supported refugee service and assistance programs.8.B.2 -- Funding
The Bureau hereby confirms the award of $ to the Recipient as provided in Section 8.E below. All funds awarded under this agreement are intended to augment private resources available to the Recipient and shall be paid and accounted for as provided in Section 8.E below.8.B.3 -- Validity Period
The period of this agreement shall be from October 1, 2008 through September 30, 2009.8.B.4 -- Definitions
For the purposes of this agreement and the Attachments thereto, which are an integral part of it:
means a person admitted to the United States under section 207(c) of the Immigration and Nationality Act, as amended, or a person to whom eligibility for the resettlement assistance available to individuals admitted under section 207(c) has been extended by statute.
" means a public entity or a private nonprofit organization, registered as such with the Internal Revenue Service under 26 U.S.C. 501(c)(3), having a cooperative agreement with the Bureau for reception and placement services.
1. a regional office of an Agency, which is part of the corporate structure of the Agency; or
2. a public entity or a private nonprofit legal entity which has accepted in a written agreement with the agency responsibility to provide, or ensure the provision of, reception and placement services to certain refugees sponsored by an agency; or
3. a sub-office of an entity referred to in subparagraph 2 above that the Recipient proposes for affiliate status in its proposal dated , 2008 for the FY 2009 program, (hereinafter referred to as the “proposal") and that the Bureau agrees in writing may serve as an affiliate. A "sub-office" is defined as an office where reception and placement services are provided and refugee casefiles maintained during the reception and placement core service delivery period with management oversight provided by a nearby affiliate office.
d. "Local co-sponsor
" means an established community group, such as a church congregation or service organization, which has accepted in a written agreement with the Agency responsibility to provide, or ensure the provision of, reception and placement services to certain refugees sponsored by an Agency. Individuals or informal groups may not serve as local co-sponsors. Local co-sponsors differ from volunteers in that they agree in writing to accept responsibility for performing certain services required in this agreement.
e. "The Refugee Processing Center”
(RPC) means the center located at 1401 N. Wilson Boulevard, Arlington, Virginia 22209, which will manage, on behalf of the Bureau, data processing of refugee cases.
" means a written commitment, submitted by an Agency, to provide, or ensure the provision of, the core services specified in Section 2.5 of the cooperative agreement for the refugee(s) named on the assurance form.
g. "Placement codes
" means numerical codes, used in the Refugee Processing Center computer records, to specify the degree of family relationship between the refugee(s) named on the assurance form and persons at the resettlement location.
h. "Employable refugee
" means any refugee who is between the ages of 18 and 64 other than a refugee who:
1. is required to be in the home to care for a child under one year of age or other fully dependent person (only one adult per household unit may be considered to be in this category); or
2. is unable to work for physical or mental health reasons.
i. "Loan Collection
" means those activities deemed appropriate through consultation with the International Organization for Migration and the Bureau to ensure that maximum efforts are made to collect the amount owed by refugees signing Promissory Notes executed by IOM for funds advanced by the Bureau to cover transportation costs to the United States.8.C - RESPONSIBILITIES OF THE RECIPIENT8.C.1 -- Performance of Core Services by or Under the Direction of the Recipient
a. The Recipient shall provide the core services specified in section 8.C.5 below to refugees who are assigned to it under this agreement and who arrive in the United States during the period of this agreement in a manner consistent with United States law and policy.
b. In compliance with the Bureau's policy that all funded activities be implemented in a manner that fully meets the standard of conduct established by the Inter-Agency Standing Committee (IASC) Task Force on Protection from Sexual Exploitation and Abuse in Humanitarian Crises, the Recipient shall ensure that the activities conducted with funds provided under this agreement are implemented in accordance with the Recipient’s established code of conduct submitted to the Bureau.
c. Should any change be made to the Recipient’s code of conduct during the validity period of this agreement, the recipient shall inform the Bureau in writing within thirty (30) days of the changes for consideration of whether the revised code continues to meet the Bureau’s standard of core principles.Or FOR NGO’S THAT HAVE NOT SUBMITTED CODES (varies. Replace above paragraphs b & c with following)
b. In compliance with the Bureau's policy that all funded activities be implemented in a manner that fully meets the standard of conduct established by the Inter-Agency Standing Committee (IASC) Task Force on Protection from Sexual Exploitation and Abuse in Humanitarian Crises, the Recipient shall submit to the Bureau’s Office of the Comptroller, within thirty (30) days of issuance, a description of its adopted code of conduct for implementing humanitarian assistance programs that include the following six core principles:
1. Sexual exploitation and abuse by humanitarian workers constitute acts of gross misconduct and are therefore grounds for termination of employment.
2. Sexual activity with children (persons under the age of 18) is prohibited regardless of the age of minority or age of consent locally. Mistaken belief in the age of a child is not a defense.
3. Exchange of money, employment, goods, or services for sex, including sexual favors or other forms of humiliating, degrading, or exploitative behavior is prohibited. This includes exchange of assistance that is due to beneficiaries.
4. Sexual relationships between humanitarian workers and beneficiaries are strongly discouraged since they are based on inherently unequal power dynamics. Such relationships undermine the credibility and integrity of humanitarian aid work.
5. Where a humanitarian worker develops concerns or suspicions regarding sexual abuse or exploitation by a fellow worker, whether in the same agency or not, s/he must report such concerns via established agency reporting mechanisms.
6. Humanitarian workers are obliged to create and maintain an environment which prevents sexual exploitation and abuse and promotes the implementation of their code of conduct. Managers at all levels have particular responsibility to support and develop systems which maintain this environment.
d. The Recipient is reminded that U.S. Executive Order and U.S. law prohibits transactions with, and the provision of resources and support to, individuals and organizations associated with terrorism. It is the legal responsibility of the Recipient to ensure compliance with these Executive Orders and laws. This provision must be included in all sub-contracts/sub-awards issued under this agreement.
e. The U.S. Government is opposed to prostitution and related activities, which are inherently harmful and dehumanizing, and contribute to the phenomenon of trafficking in persons. None of the funds made available under this grant may be used to promote, support, or advocate the legalization or practice of prostitution. Nothing in the preceding sentence shall be construed to preclude assistance designed to ameliorate the suffering of, or health risks to, victims while they are being trafficked or after they are out of the situation that resulted from such victims being trafficked. This provision shall be incorporated into all sub-agreements under this agreement. The Recipient does not promote, support, or advocate the legalization or practice of prostitution.
f. The procedures for initial assignment, assurance and transfer of refugee cases are set forth in Sections II and III of the “Guidelines for Participants, Bureau of Population, Refugees, and Migration, Reception and Placement Program,” dated October 1, 2008) and attached hereto as Attachment B (hereinafter referred to as the “Guidelines”).
g. The core services shall be provided to any refugee assigned to the Recipient during the ninety (90) day period after the refugee's arrival in the United States, except where a different period of time is stated.
h. The core services shall be provided in accordance with the proposal submitted by the Recipient as approved by the Bureau and attached hereto as Attachment A. Deviations from the proposal involving the addition of affiliates or increases of more than ten percent in proposed caseload must be approved in advance in writing by the Bureau. It is understood that caseload may fall short of that in the proposal, and deviations resulting from such shortfall do not require Bureau approval.
i. Faith-based Recipients should take steps to ensure their inherently religious activities, such as religious worship, instruction, or proselytizing, are separate in time orlocation from the government-funded services that they offer. Also the Recipients may not require refugees to profess a certain faith or participate in religious activities in order to receive services.
j. Recipients shall request prior approval from the Bureau for one or more of the following program or National Management budget related reasons:
1. Change in the scope or the objective of the project or program (even if there is no associated budget revision requiring prior written approval).
2. Change in a key person specified in the application or award document (as specified in the OMB Circular A-110, which is hereby incorporated by reference).
3. The absence for more than three months, or a 25 percent reduction in time devoted to the project, by the approved project director.
8.C.2 -- Delegation of Functions by the Recipient
a. Unless otherwise provided herein, the responsibilities assumed by the Recipient shall be delegated only to an affiliate designated in the approved proposal, who may redelegate such responsibilities to a local co-sponsor, provided such co-sponsor is identified on the applicable assurance form submitted to the Refugee Processing Center. When the Recipient relies on an affiliate or local co-sponsor to provide a service, the Recipient shall remain responsible for ensuring that the service is provided.
b. Any local co-sponsor to whom the Recipient's responsibility for providing core services is redelegated by an approved affiliate must be located in the affiliate's approved area of geographic responsibility, as designated in the proposal.
c. The affiliate and/or local co-sponsor must carry out its responsibilities in accordance with Title VI of the Civil Rights Act of 1964.
8.C.3 -- Limitation of Responsibility to Perform Core Services
The Recipient shall be relieved of its responsibilities under this agreement to the extent they cannot be carried out because (1) the refugee does not remain in the general geographic area where initially placed or (2) the refugee refuses to receive services from or to cooperate with the Recipient, its affiliates, or its local co-sponsors.
8.C.4 -- Basic Needs Support
For a period of not less than thirty days after arrival, in accordance with the Operational Guidance issued by the Bureau on April 12, 2001 (revised October 18, 2007) and attached hereto as Attachment C, the Recipient shall provide or ensure that the refugees assigned to it are provided with appropriate language interpretation as necessary, the following:
1. Decent, safe, and sanitary housing;
2. Essential furnishings;
3. Food or a food allowance and other basic necessities;
4. Necessary clothing;
5. Referral to appropriate health programs and screening;
6. Assistance in applying for social security cards;
7. Assistance in registering children for school;
8. Transportation to job interviews and job training.
8.C.5 -- Core Services
The Recipient shall ensure that the following services are provided with appropriate language interpretation:
a. Pre-Arrival Services
The Recipient shall:
1. Assume responsibility for sponsorship of the refugees assigned to the Recipient under this agreement;
2. Arrange the placement of sponsored refugees in accordance with the policies established under Section 412(a)(2) of the INA and in accordance with Section IV of the Guidelines;
3. Submit sponsorship assurances to the Refugee Processing Center for transmission to appropriate overseas processing offices of the Department of Homeland Security, the Department of State, or their designees; and
4. Train any affiliate or local co-sponsor that has agreed in writing to assist the Recipient in sponsorship and ensure that the affiliate or local co-sponsor understands the overall sponsorship process, the Recipient's role, and the responsibilities of affiliates and local co-sponsors.
The responsibilities in paragraphs 1, 2, and 3 may not be delegated; the responsibilities in paragraph 4 for training local co-sponsors may be delegated to an affiliate. Training must be provided in person by a representative of the Recipient or its affiliate to any local co-sponsor that has not resettled a refugee who arrived in the United States within the past two years.
b. Casefile Preparation and Maintenance
The Recipient shall establish and maintain a casefile for each arriving refugee family unit that includes the information specified in Section V of the Guidelines. It is expected that each casefile shall be treated as confidential. This responsibility may be delegated only to an affiliate.
c. Reception Services
The Recipient shall ensure that refugees assigned to it are met at the airport of final destination and transported to furnished living quarters and provided culturally appropriate food and seasonal clothing as necessary to meet immediate needs.
d. Community and Other Orientation
During the 90-day initial reception and placement period, the Recipient shall provide or ensure that the refugees assigned to it are provided orientation, with appropriate language interpretation if necessary, concerning:
1. the role of the Recipient and any other individual or group assisting in sponsorship;
2. public services and facilities;
3. personal and public safety;
4. public transportation;
5. standards of personal and public hygiene;
6. the availability of other publicly supported refugee services;
7. personal and household budgeting and finance;
8. information on permanent resident alien status and family reunion procedures;
9. the legal requirement of each adult refugee to fully repay his or her IOM transportation loan in accordance with the established payment schedule; and
10. the legal requirement to notify the U.S. Department of Homeland Security of each change of address and new address within ten days. Authority: Secs. 103, 265 of the Immigration and Nationality Act, as amended by sec. 11, Public Law 97-166, 95 Stat. 1617 (8 U.S.C. 1103, 1305).
To the extent practical, written orientation materials covering the topics listed above in the refugee's native language shall be made available to the refugee upon arrival.
e. Health -- Orientation and Referrals
The Recipient shall:
1. Provide each refugee unit with a general orientation to the health care system in the resettlement area, including health assessment services available through state or local public or private health programs;
2. Assist refugees (other than those with Class A conditions, covered below in paragraph f) to obtain a health screening within thirty days of arrival;
3. Encourage and assist refugees as soon as possible after arrival to obtain immunizations as required for adjustment to permanent resident alien status one year after arrival;
4. Refer refugees to appropriate providers of continued therapy or preventive treatment for health conditions affecting the public health; and
5. In the case of a refugee who fails or refuses to receive health screenings, provide additional information and counseling to the refugee, including an explanation of local health regulations and practices.
f. Health -- Class A Conditions
The Recipient shall:
1. Advise, encourage, and assist, insofar as possible, refugees with Class A physical disorders affecting the public health (as designated by the Public Health Service) to report within seven days of arrival to the official public health agency in the resettlement area; request the local health provider (by telephone or in person) to give refugees with Class A health conditions an appointment date within seven days of their arrival; and document in the case file the dates of such advice, assistance and requests, including the name of the individual contacted; and
2. Advise, encourage, and assist HIV infected refugees to receive within seven days of arrival an initial evaluation by local health care providers; request the health care provider to furnish a copy of the initial evaluation to Refugee Activity, Division of Quarantine, Centers for Disease Control and Prevention, Atlanta, Georgia 30333; and make reasonable efforts to ensure that such refugees receive assistance in seeking medical treatment, education and counseling that the condition requires; and comprehensively document all referrals and assistance provided.
3. Advise, encourage, and assist, insofar as possible, a refugee who has a Class A mental disorder to receive within thirty days of arrival an initial evaluation by the health care provider who supplied a written commitment prior to the granting of a waiver for admission; request the health care provider to furnish a copy of the initial evaluation to Refugee Activity, Division of Quarantine, Centers for Disease Control and Prevention, Atlanta, Georgia 30333; make reasonable efforts to ensure that such refugee receives assistance in seeking medical treatment, education, and training that any previously identified mental disorder may require; and document in the casefile the dates of such advice, assistance, and requests, including the name of the individual contacted.
These responsibilities may not be delegated beyond an affiliate.
g. Resettlement Plans; Employment Orientation and Referrals
The Recipient shall:
1. Provide employment orientation to each employable refugee assigned to the Recipient under this agreement, including discussion of the importance of self-sufficiency in American society, the local job market, job counseling and training programs;
2. Refer each employable refugee to such appropriate job counseling, placement, and/or training programs as are available in the community;
3. Develop and implement during the first thirty days a resettlement plan with each refugee in the resettlement unit. For each employable refugee, the principal objective of the resettlement plan shall be assisting the refugee to obtain early employment. The resettlement plan for each refugee in the case may be documented on the same form;
4. Monitor implementation of the plan for not less than 90 days in the case of anchored refugees (Placement Codes 1, 2, and 5), and 180 days in the case of non-anchored refugees (Placement Code 3).
These responsibilities must be performed by the affiliate or the affiliate in active collaboration with the local co-sponsor.
h. Employment and Welfare -- Communication with State and Local Authorities
The Recipient shall:
1. Notify the appropriate state, county or other local welfare office at the time the Recipient, its affiliate, or local co-sponsor becomes aware that a refugee receiving welfare benefits has been offered employment or has voluntarily quit a job, and notify the refugee that such information has been provided to the welfare office. Notice of offered employment shall be given whether or not the refugee accepts the offer;
2. Respond to inquiries from a state, county, or other local welfare office relating to a refugee's application for and receipt of cash or medical assistance, and furnish, upon request of such office or agency, documentation respecting any cash or other resources provided directly by the Recipient, its affiliate, local co-sponsor or other sources, to the refugee; and
3. Maintain in the casefile required under Section 8.C.5(b) above a record of all notifications from a state, county or other local welfare office that the refugee has applied for welfare benefits and a record of all information provided by the Recipient to state, county or other local welfare offices and of all information provided by such offices to the Recipient.
These responsibilities may not be delegated beyond an affiliate.
i. Health -- Notification of State and Local Authorities
The Recipient shall cooperate, and shall ensure that its affiliates and local co-sponsors cooperate with state or local public health officials by sharing information needed to locate refugees, including secondary migrants to the degree possible, for the purpose of providing health services to them.
j. Assistance to Minor Refugee Children
Unaccompanied refugee minors (under 18 years of age) are defined and categorized by their relationships with traveling companions and ultimate resettlement circumstances. The following placement codes are used to identify the circumstances of refugee minor children.
Refugee Minor Placement Codes:
M1: Minors attached to, traveling with, and resettling with biological or legally adoptive parents;
M2: Minors attached to, traveling with, and resettling with blood relatives other than biological or legally adoptive parents;
M3: Minors attached to, traveling with and resettling with non-relatives and minors traveling alone to join non-relatives (only those agencies with refugee foster care responsibilities as described in section 8.C.6 will have the authority to place refugee children in this category unless otherwise approved by the Bureau);
M4: Minors destined for foster care (only those agencies with refugee foster care responsibilities as described in the cooperative agreement will have the authority to place refugee children in this category);
M5: Minors traveling apart from but destined to join biological or legally adoptive parent(s). This includes minors traveling alone to join parent(s) in the U.S., minors traveling with relatives other than parents to join parent(s) in the U.S. and minors traveling with non-relatives to join parent(s) in the U.S.;
M6: Minors traveling apart from the blood relative(s) (other than parents) they are destined to join. This includes minors traveling alone to join a relative (not parent) in the U.S. and minors traveling with non-relatives to join a relative (not parent) in the U.S.;
M7: Minors who are married regardless of their traveling companions or anchor relationships in the U.S.
With respect to any minor allocated to the Recipient under this agreement entering the United States according to one of the minor codes listed above, the Recipient shall:
1. Ensure that casefiles covering such minors can readily be identified and segregated (codes M2-M7);
2. In the case of a minor entering the United States unaccompanied by parents and seeking to be united with relatives, or other caretakers, including parents (codes M2, M3, M5, M6), conduct a suitability determination of the family unit, taking into account the principle that children should be reunited with relatives whenever possible and appropriate. The suitability determination shall be conducted prior to submitting a sponsorship assurance for minors whose designated caregivers are already in the U.S.(codes M5, M6, M3) and within one week of arrival for minors who are traveling with relatives or other caretakers(codes M2, M3), in accordance with Section 8.C.5(a)(3) above and will include, but need not be limited to:
(a) an assessment of the nature and extent of any previous relationship between the child and the family unit prior to the minor's arrival in this country;
(b) an assessment of whether the family unit is willing and able to provide ongoing care and supervision of the child;
(c) an assessment of the family unit's understanding of and intentions regarding securing legal responsibility for the child; and
(d) an assessment of the requirements of state law, including whether the family unit must be licensed as a foster care provider or must acquire legal custody or guardianship so that the child may legally remain in the household.
3. If the Recipient's professional resettlement staff determines that the placement is not suitable, the Recipient shall immediately notify the Bureau and return the case to the Refugee Processing Center so that the minor (codes M2, M3, M6) can be reclassified to enter the United States as an unaccompanied minor requiring foster care. In the event that a caseworker deems a parent unsuitable to receive a minor (code M5), the State Refugee Coordinator and the Bureau must be immediately notified. A copy of the statement of suitability determination shall be retained in the minor’s casefile (codes M2, M3, M5, M6);
4. If the minor is traveling with non-relatives to be resettled with the same or other non-relatives (code M3), the Recipient shall undertake the assessment as described above within one week of arrival of the family. If the Recipient’s professional resettlement staff determines that the child’s placement with the non-parental unit is not suitable, the Recipient shall notify the Bureau immediately in order to coordinate transfer of the unaccompanied minor to foster care.
5. In the case of a minor entering with or coming to join non-relatives (code M3), the Recipient shall obtain the Bureau's agreement to the placement before assuring the case;
6. For unaccompanied minors resettling with non-relatives or non-parental relatives (code M2, M3, M6), the Recipient shall orient the family unit to the nature and expectations of U.S. practices and legal requirements respecting child care and provide the family unit with a written statement, provided or approved by the state and translated as necessary, of its responsibilities and legal obligations in caring for the child. This statement shall include requirements for guardianship, licensing as a foster care provider if relevant, or other forms of legal responsibility. The acknowledgement of understanding and commitment to carry out such responsibilities in the written statement shall be documented by having the responsible adult(s) in the family unit sign the statement. Copies of the signed statement shall be given to the family unit and retained in the casefile covering the minor. In the case of a minor entering the United States alone, this will be done at the time of the suitability determination described in section 8.C.5(j)2 above. In the case of a minor traveling with relatives, this will be done during the orientation described in 8.C.5(j)5 above;
7. For minors described as codes M2, M3, M5, M6 and M7, the Recipient shall:
(a) Advise, encourage, and assist the family in regard to the above-mentioned responsibilities and legal obligations in caring for the child under the requirements of the state.
(b) Provide regular and personal contact with the minor for at least 90 days following arrival, and maintain in the casefile covering the minor records of assistance to the minor and of the minor's needs during the 90-day period;
(c) Within 14 days after the 90th day after arrival, conduct a follow-up home visit to determine the continued suitability of the placement and to assess the need for continued services and arrange for such services, if needed and feasible; and
(d) Promptly after the follow-up home visit, prepare a minor follow-up evaluation report, including an assessment of the family unit's understanding and intentions regarding the securing of legal responsibility for the minor under state law. Copies of this evaluation shall be retained in the casefile covering the minor and sent to the Recipient's headquarters and the State Refugee Coordinator so that further action may be taken by the state if the state deems it necessary. Headquarters should maintain the completed Minor Follow-up Evaluation Forms for no less than one year after the minor’s arrival to the U.S.
Responsibilities enumerated in Section 8.C.5(j) may not be delegated beyond an affiliate and may only be performed by professional resettlement staff.
8.C.6 -- Foster Care (Optional)
1. The services performed by the Recipient under this section shall be performed for the purposes of (a) ensuring that foster care minors (minor code M4) approved for admission to the United States are sponsored as required by law, (b) facilitating Department of Health and Human Services/Office of Refugee Resettlement (HHS/ORR) efforts to place such children under the laws of the states pursuant to section 412(d)(2)(B) of the INA, and (c) ensuring that foster care minors are admitted and moved to their resettlement locations in a manner that takes due regard of their special circumstances;
2. The Recipient shall perform the program services specified in Section 8.C.5(b) through (e) below on behalf of foster care minors who are assigned to it under this agreement; and
3. The program services shall be performed by paid staff of the Recipient's operational headquarters.
b. Pre-arrival Services
The Recipient shall, with respect to foster care minors assigned to it by the Refugee Processing Center (RPC), prior to their arrival in the United States:
1. Provide for such foster care minors the sponsorship assurances required for their admission to the United States;
2. Prepare and submit on behalf of such foster care minors sponsorship assurances and other documents required for admission to the Refugee Processing Center for transmission to appropriate overseas processing offices of the Immigration and Naturalization Service, the Department of State, or their designees;
3. Initiate preparation of the Interstate Compact Form and prepare documents that are required upon the foster care minor's arrival in the United States;
4. After a careful review of the case (including, but not necessarily limited to, consideration of the minor's ethnicity, educational level, medical status, family relationships, reunification potential, age, and religion), and in consultation with the appropriate overseas processing post and voluntary agency, assign the case to one of the state-authorized providers of foster care services (hereinafter referred to as an "approved provider") listed in Attachment A;
5. Notify the approved provider that the case has been assigned to it, transmit available information (including appropriate documentation) concerning the foster care minor to the approved provider, respond to inquiries from the approved provider and other appropriate state or local social service providers concerning the foster care minor, and obtain additional information as needed from the appropriate processing post and voluntary agency;
6. Upon request, consult with and provide advice to the approved provider concerning problem cases, including cases that may require transfer to another core provider; prepare the necessary paperwork for cases that require transfer; and accept appropriate pre-arrival transfer cases and assign them to an approved provider;
7. Provide orientation on the initial reception and placement of foster care minors as needed to the staffs of approved providers; and
8. Assist in the preparation of documents needed to process applications for the parents of foster care minors for admission to the United States as refugees.
c. Post-arrival Services
The Recipient shall, with respect to foster care minors assigned to it under this agreement, after their arrival in the United States:
1. Facilitate refugee travel to resettlement sites in the United States;
2. Upon request, consult with and provide advice to the approved provider concerning problem cases; and
3. When the Recipient deems it appropriate, provide funding for emergency needs of foster care minors that cannot be met through other social service programs and that arise within ninety days of a minor's arrival in the United States.
The Recipient shall establish and maintain a casefile on each arriving foster care minor assigned under this agreement that includes a written confirmation of sponsorship, biographic data, and other information pertinent to managing the minor's initial resettlement. The Bureau, the Inspector General of the Department of State, and any of their authorized representatives shall have the right to examine at any reasonable time the casefiles maintained by the Recipient. It is expected that all casefiles will be treated as confidential.
e. Coordination and Consultation with Public Agencies
The Recipient shall:
1. Conduct its activities under this agreement in close cooperation with HHS/ORR, and state and local governments; and
2. Coordinate with other publicly supported refugee services programs or refugee case management systems.
8.C.7 -- Coordination and Consultation with Public Agencies
The Recipient shall:
a. Conduct its reception and placement activities in close cooperation with state and local governments;
b. Ensure that its affiliates participate in appropriate meetings called by state and local governments in their geographic areas of responsibility to coordinate plans for the placement of refugees;
c. Coordinate with other publicly supported refugee services programs or refugee case management systems; and
d. Inform, both the Bureau and the Department of Homeland Security, Bureau of Citizenship and Immigration Services of any suspected fraud in any refugee case sponsored by the Recipient. Such reporting is required of the Recipient regardless of whether the applicants are still overseas or whether they have already been admitted into the United States as refugees.
8.C.8 -- Monitoring
The Recipient shall:
a. Verify, through the 90-day report (Section V(M) of the Guidelines), that the situation of each refugee assigned to it has been carefully monitored by the Recipient's affiliate during the 90-day period and that all core services have been provided;
b. Perform monitoring of its affiliates as required in Section VI(A)(2) of the Guidelines; and
c. Permit the Bureau to monitor its affiliates upon advance notice, and, when Bureau on-site or telephonic monitoring results in recommendations for modifications in the operations of an affiliate of the Recipient, respond to the Bureau's recommendations in writing and ensure that required modifications are implemented at the local level within the specified time-frame. If the Recipient fails to comply with this provision, the Recipient may be prohibited by the Bureau from utilizing funds received under this agreement for further resettlement by the affiliate.
8.C.9 -- Loan Collection (Varies for ECDC and Iowa)
a. In accordance with the terms of the current MOU entered into by the Recipient or its representative with IOM for the collection of refugee transportation loans, the Recipient hereby confirms that it will actively participate in all meetings organized by the IOM, in consultation with the Bureau, to discuss collection methods, policies and procedures for standardizing collections among all participating organizations. These meetings are intended to provide information and guidance that will improve collection rates with the maximum amount of funds being collected.
b. The Recipient shall utilize its best efforts to collect amounts due from refugees for transportation loans through the establishment and maintenance of a computerized system that meets the billing criteria and collection procedures developed in consultation with IOM and the Bureau as set forth in the Performance Standards (Section VI) of the Guidelines (Attachment B) and in Annex II of the Memorandum of Understanding entered into with IOM. This system shall ensure that appropriate refugees are informed of their legal responsibility to repay the transportation loan and shall provide for the initial billing of the refugees within six months of their arrival; bills and reminder notices to encourage scheduled repayments are mailed regularly; current addresses are sought through appropriate methods; and funds are accounted for accurately and transferred promptly to IOM.
c. The Recipient agrees to cover all expenses of collection activities from the twenty-five percent (25%) commission or fee that is authorized to be retained from the collected funds and to transfer the remaining seventy-five percent (75%) promptly to IOM.
OR (for ECDC and IOWA)
The Recipient shall assist the voluntary agency or IOM assigned responsibility for collecting loans of refugees being resettled under this Cooperative Agreement. This assistance shall include: informing each adult refugee having signed a loan note of their legal responsibility to fully repay the loan in accordance with the schedule set forth in their loan note, unless revised in writing by the collecting agency; reporting each adult refugee's initial resettlement address or subsequent address change; responding to inquiries from the collecting agency for address information; and providing the social security number of each adult refugee holding a loan.
8.C.10 -- Additional Responsibilities
The Recipient shall also:
a. Comply with the "Guidelines for Participants, Bureau of Population, Refugees, and Migration, Reception and Placement Program," effective October 1, 2008 attached hereto as Attachment B;
b. Comply with the “Operational Guidance” effective April 12, 2001, revised October 18, 2007 attached hereto as Attachment C;
c. Comply with the "Bureau of Population, Refugees, and Migration General Conditions for Grants and Cooperative Agreements," effective October 1, 2008 attached hereto as Attachment D;
d. State in all appropriate publications and printed descriptions, including press releases, the annual report and financial statements that activities conducted under this agreement are assisted financially by the Department of State under the authority of the Immigration and Nationality Act, as amended.
8.D - LIAISON
8.D.1 -- General Liaison with the Bureau
The Recipient shall carry out its operational and administrative responsibilities hereunder in close coordination with and under the direction of the appropriate offices of the Bureau. For the information of the Recipient, responsibilities relevant to this agreement are allocated within the Bureau as follows:
a. Office of Refugee Admissions
Acting as the Grants Officer's representative:
1. Provides overall policy guidance and program direction;
2. Reviews and comments on proposed annual proposal and budget for the Recipient;
3. Reviews and comments on proposed changes or revisions in terms of this agreement; and
4. Monitors and evaluates the general performance of the Recipient under this agreement to ensure that the established responsibilities are being successfully met, maintains contact, including site visits and liaison, with the Recipient, assists the Grants Officer in the review of required Recipient Program and Financial Progress Reports to verify timely and adequate performance, and provides the Bureau regular written reports on whether performance is in compliance with all the terms and conditions of this agreement.
b. Office of the Comptroller
1. Prepares and executes the cooperative agreement, interprets the terms thereof, arranges for payment, works with the Recipient's headquarters for the overall administration of the funded activities, and is the mandatory control point of record for all official communications and contacts with the Recipient that may affect the budget, the project scope, or terms and conditions of the award;
2. Considers requests for amendments to the cooperative agreement and, upon determination of appropriateness, prepares and executes formal amendments to the cooperative agreement. Only the Grants Officer may amend the cooperative agreement; and
3. Monitors and evaluates the Recipient's performance in collecting refugee transportation loans. 8.E - FUNDING8.E.1 – Authorized Items of Expenditure
a. National Management
1. The funds awarded pursuant to this agreement are for the reimbursement of expenses incurred in accordance with the approved budget contained in the proposalattached hereto as Attachment A. The funds provided herein shall be expended within the amounts funded for the following categories of expenses as displayed in the Award Specifics, Section 7, Authorized Budget.
2. Funds may be adjusted, without prior written approval, among the items of expenditure for direct costs provided the cumulative amount of such adjustments during the validity period of this agreement does not exceed ten percent (10%) of the total amount of the approved budget. Any authorized adjustment, however, must be reported promptly to the Bureau in writing.
3. Funds may NOT be adjusted between the direct cost items of expenditure and the indirect cost item of expenditure during the validity period of this agreement UNLESS the Bureau executes an amendment to this agreement to recognize (i) a change in the indirect cost rate agreement approved by the Recipient's cognizant or oversight U.S. Government agency; or (ii) an increase in charges of applicable items of expenditure resulting in an increase in the direct cost base used in determining the total allowable indirect costs. In the absence of written approval from the Bureau, the amount charged to indirect costs may not exceed the amount approved by the Bureau in the budget.
4. Should it become apparent that cumulative adjustments in excess of the ten percent (10%) limitation may be needed for the successful completion of the program, the Recipient must submit a request in writing to the Bureau for approval prior to incurring any increased costs.
5. (a) Indirect costs may be charged on the basis of the rate or rates indicated in the above items of expenditures applied to those direct costs applicable and allocable in accordance with the provisions of the Office of Management and Budget (OMB) Circular A-122, dated May 10, 2004, "Cost Principles for Non-Profit Organizations." The rate or rates may be subject to adjustment by the Bureau subsequent to the expiration of the validity period upon the determination of a final rate or rates by the appropriate U.S. Government cognizant agency, or responsible organization, insofar as it applies to indirect costs applicable to the period of this agreement. An adjustment of a rate will be made only if such final rate or rates differ from the stipulated rates. Any adjustment, however, will be limited to the amount of unexpended funds available within the overall total award of this agreement.
(b) Notwithstanding the provision in Paragraph 5(a) above, it is expressly understood and agreed that should another U.S. Government agency propose the negotiation of a special indirect cost rate for work to be performed in an environment which appears to generate a significantly different level of indirect costs than the rate which has been negotiated by the cognizant or oversight agency, the Recipient shall inform the Bureau prior to the proposed negotiations in order to permit the Bureau to participate in such negotiations to ensure that any change that may result in the rate or the cost base of the provisional rate applicable to this agreement is acceptable to the Bureau.
6. Any anticipated purchase of non-expendable equipment, such as computers or vehicles with an acquisition cost of $5,000 or more per unit and were not part of the approved budget (Attachment A to this agreement), requires the prior written approval of the Bureau.
7. If any part of the costs of goods and services charged under this agreement are collected from or reimbursed by the refugees or other sources, such collections shall be paid promptly to the Department or off-set against charges to the agreement; thereby, ensuring that no charges to this agreement results in duplicated reimbursement to the Recipient.
8. With regard to National Management funding, the Recipient shall comply with the provisions of OMB Circular A-110-Revised (which is incorporated into this Agreement by reference).OR FOR IOWA USE
8. With regard to National Management funding, the Recipient shall comply with the provisions of OMB Circular A-102-Revised, “Grants and Cooperative Agreements with State and Local Governments.” (which is incorporated into this Agreement by reference).
b. Local Offices/Affiliates and Services to Refugees
1. The Bureau shall initially provide the Recipient a fixed per capita grant of $900.00 per refugee admitted under Section 207 of the INA who is assigned to the Recipient pursuant to this agreement for a total of up to xx refugees who are expected to arrive in the United States during the period October 1, 2008 through September 30, 2009.
2. Of this $900 fixed per capita grant: (a) At least $425.00 of the per capita is to cover payments made by the local offices or affiliates to or on behalf of individual refugees for cash disbursements or for material goods as needed to meet the requirements of the program; (b) Up to $475.00 may be used to partially cover local offices/affiliates’ expenses in providing reception and placement services or used to augment financial assistance for direct payments to or on behalf of refugees.
3. Payment of the amounts specified in subsection 8.E.1.b.1 shall be made only for the number of registered refugees who actually arrive in the United States during the period October 1, 2008 through September 30, 2009, but in no case shall the total payment of per capita funds exceed $ during this period.
4. This agreement may be amended prior to September 30, 2009 to reflect the actual number of refugee arrivals during the period October 1, 2008 through September 30, 2009 and to adjust the amount of funds accordingly.
5. With regard to per capita funding, the Recipient shall comply with the provisions of OMB Circular A-110-Revised (which is incorporated into this Agreement by reference), except the following Sections in Subpart B or portions of Attachments thereto: Section 12 - Forms for Applying for Federal Assistance; Section 23 - Cost Sharing and Matching; Section 24 - Program Income; Section 25 - Revision of Budget and Program Plans; Sections 30 through 37 - Property Standards; and Section 52 - Financial Reporting, paragraph a.OR FOR IOWA USE
5. With regard to per capita funding, the Recipient shall comply with the provisions of OMB Circular A-102-Revised, “Grants and Cooperative Agreements with State and Local Governments.” (which is incorporated into this Agreement by reference), except the following Sections: Section 1.c Standard Forms for Applying for Grants and Cooperative Agreements; Section 1.e. Awards and Adjustments; Section 2.c. Financial Status Reports; and Section 2.e. Program Income.8.E.2 -- Payment Procedures
a. The funds awarded pursuant to this agreement shall be made available electronically through the HHS Payment Management System (PMS) for deposit directly into the Recipient’s bank account in accordance with the policies and procedures issued by HHS. A request for payment will be submitted through the Internet or by telephone in accordance with instructions provided by HHS’ Division of Payment Management. Payment requests shall be submitted only in amounts that are required to meet the immediate cash needs of this activity.
b. Requests for reimbursement of National Management Expenses shall be submitted separately from requests for other funds and only in amounts that are required to meet the immediate cash needs of this activity.
c. Requests for payment of the per capita shall be submitted only for those assigned refugees who have actually arrived in the United States.8.E.3 -- Use of Funds
a. The funds awarded under this agreement may be used only for the performance of the Recipient's responsibilities authorized herein for the provision of reception and placement services and may not be used to cover expenses of other activities or services that may be provided to refugees during their resettlement. Specifically, funding provided under this agreement shall not be used to cover any expenses of collecting the IOM Promissory Note.
b. The per capita funds earned under this agreement must be used in their entirety to cover local offices/affiliates expenses or cash disbursements to refugees and/or purchases of material goods on their behalf at the Recipient’s affiliate level and shall not be used to cover National Management expenses as specified in Section 8.E.1.b.2.
c. Recipients should ensure that all expenditures of funds provided under this agreement are in accordance with OMB Circular A-87 "Cost Principles for State, Local, and Tribal Governments" (which is incorporated into this agreement by reference).
d. In the event that the Recipient's activities related to the performance of its responsibilities under this agreement are also eligible for funding under other federal government grants or agreements, the Bureau and the Recipient shall consult each other and any other federal agency concerned to prevent attribution of the same expenditures to two separate federal funding agreements.
e. National Management
Any unexpended funds available to the Recipient for National Management expenses at the end of the validity period of this agreement must be returned to the Bureau and may not be used to cover local offices/affiliate expenses or for payments to or on behalf of refugees.
f. Per Capita Funds
1. Any unexpended per capita funds designated for local offices/affiliates expenses may be used to continue authorized core services beyond the 90-day period for refugees assigned under this agreement, including payments to or on behalf of refugees.
2. Any unexpended per capita funds designated for payment to or on behalf of refugees may be used only to cover direct payments to or on behalf of refugees.
3. All per capita funds earned under this agreement, however, must be expended no later than three (3) months following the end of the fiscal year from which funded and reported as part of the final or interim final financial report for the period October 1 through December 31. Funds remaining at the end of the above-specified period shall be returned to the Bureau.
4. Any interest accrued on per capita funds made available under this agreement may be expended only (1) for the Recipient's responsibilities under this agreement; and (2) within the same time period specified in paragraph f.3 above. Interest remaining at the end of such period shall be returned to the Bureau.
5. With the written approval of the Bureau, the Recipient may enter into funding arrangements with other voluntary organizations participating in the Bureau's initial reception and placement program that will ensure that each organization is reimbursed for the actual number of refugees to whom it has provided services required by this agreement.8.E.4 -- Transportation
a. Funds awarded under this agreement may not be used for travel outside the fifty United States without the prior written approval of the Bureau.
b. All approved international travel to be paid with funds awarded under this agreement shall be performed on U.S. flag carriers to the extent such service is available in accordance with the provisions of the "Federal Travel Regulations."8.F - REPORTING REQUIREMENTS8.F.1 -- Program Reports
a. Free Case Employment Reports
The Recipientshall submit a report in a format to be provided by the Bureau on each free case employable refugee's employment status as of six months after his/her arrival. Such reports shall be due on the 15th day of the second month following the month in which the six-month period ends, and shall be considered timely if electronically submitted on or before the due date. The report shall be submitted to the Refugee Processing Center at Incomingemail@example.com
b. Quarterly Affiliate Monitoring and R&P Program Report
The Recipient shall submit quarterly a brief summary of its affiliate monitoring activities and findings on each affiliate monitored. The report shall include a discussion of actions taken to address any identified weaknesses in R&P core service delivery, including follow-up on corrective actions taken as a result of prior agency or State Department monitoring. The report shall include notable general trends concerning or affecting refugee resettlement throughout the Recipient’s network. The report shall also include a discussion of any training or conferences organized under the Agreement, including number of persons who attended and their relationship to the R&P program, the purpose or goals of the event, and the outcomes met. The report shall be submitted to the Bureau’s Office of Refugee Admissions. The reports shall be due on or before January 31, 2009; April 30, 2009; July 31, 2009; and October 31, 2009.
c. Annual Report
The Recipient shall submit no later than March 31, 2010, a report to be submitted by the Bureau to Congress pursuant to Section 412(b)(7)(E) of the INA. One (1) copy of the Annual Report shall be submitted to the Bureau's Office of Refugee Admissions, and one (1) copy shall be submitted to the Bureau's Office of the Comptroller. The report will be considered timely if postmarked on or before the due date. Such report shall describe for the period October 1, 2008 through September 30, 2009:
1. The number of refugees placed by county of placement and the total expenditures incurred during the year, including the proportion of such expenditures used for administrative purposes (National Management) and for provision of services (Local Offices/Affiliates and Payments to or on Behalf of Refugees);
2. To the extent the information is available, the Recipient will make its best effort to determine the proportion of refugees placed during the agreement period by the Recipient and who, on September 30, 2009, are receiving publicly funded cash or medical assistance;
3. The Recipient's program to monitor placement of the refugees and the activities of its affiliates;
4. The efforts by the Recipient and its affiliates to coordinate with local social service providers so as to avoid duplication of services;
5. The efforts by the Recipient and its affiliates to notify public welfare offices of refugees who have been offered employment and to provide documentation to public welfare offices to which refugees have applied for cash assistance concerning cash or other resources directly provided to such refugees;
6. The efforts of the Recipient's affiliates to inform appropriate public health agencies of the arrival of refugees known to have medical conditions affecting the public health and requiring treatment; and.
7. Any complaints received from beneficiaries about provision of services by recipient pursuant to this agreement.
d. 90-day Reports
The Recipient shall submit a report in a format to be provided by the Bureau on each refugee as of 90 days after his/her arrival. Such reports shall be due on the 15th
day of the second month following the month in which the 90-day period ends, and shall be considered timely if submitted electronically on or before the due date. The report shall be submitted to the Refugee Processing Center at Incomingfirstname.lastname@example.org
.8.G.2 -- Financial Reports
All financial reports required herein shall be submitted to the Bureau's Office of the Comptroller. The Recipient must submit required reports to the Office of the Comptroller to the electronic mailbox address specified in Section 8.G of this agreement. The subject line of the electronic mail transmission must include the following information: Organization Name, Agreement Number, Report Type, and Reporting Period.
a. Reconciliation of Claimed Refugee Sponsorships
1. The Recipient shall reconcile with the Refugee Processing Center within sixty (60) days its claimed arrivals each month.
2. A final summary of the Recipient's claimed arrivals for the period October 1, 2008 through September 30, 2009 must be reconciled with the Refugee Processing Center no later than December 31, 2009.
b. Quarterly Financial Status Report
1. (a) (1) The Recipient shall submit calendar quarter financial status reports, in the formats attached hereto as Attachment E. The reports shall be due 30 days after the end of each calendar quarter covered under the validity period of this agreement. Proposed revisions or adjustments to these calendar quarter reports may only be made within the subsequent sixty (60) days following the report deadline for each calendar quarter or ninety (90) days from the end of the calendar quarter. Adjustments to direct costs proposed subsequently to this 90 day period will not be considered for reimbursement under this agreement, except for possible charges for post performance activities such as audits, evaluations and adjustments for indirect costs.
(a) (2) In recognition of the delay in determining final per capita earnings in the fourth quarter based on final reconciliation of arrivals, the Recipient may adjust the allocation of third quarter expenses between per capita and private resources, but may not increase total third quarter expenses, during the 120 day period for submission of the fourth quarter expenditure report.
(b) A final or interim final financial report for expenditures incurred during the fourth (4th
) calendar quarter together with a summary report of the previously reported quarterly expenditures shall be due January 31, 2009. This report is to include any proposed revisions or adjustments to the fourth quarter direct costs and to include earned income based on the reconciliation of arrivals with the Refugee Processing Center indicated in paragraph a.2 above. After this date, no revisions or adjustments of direct expenditures or adjustments of direct costs charges or earned per capita income will be recognized for consideration under this agreement.
(c) For the Recipient that does not have an approved U.S.G. indirect cost rate: A final financial report, including any allowable post performance charges for an audit and/or an evaluation, shall be submitted within sixty days of issuance of the OMB A-133 audit report.
2. For the Recipient that has an approved U.S.G. indirect cost rate: A final financial report, including any allowable post performance charges for an audit and/or an evaluation, shall be submitted within sixty (60) days from the date the Recipient countersigns an indirect cost rate agreement with its cognizant or oversight government agency that establishes final rates applicable to the validity period of this agreement. This final financial report shall have the authorized charges detailed by the time period covered by each different indirect cost rate in effect during the validity period of this agreement.
3. (a) For National Management and Local Office/Affiliate and Payments to or on Behalf of Refugees:
A completed Financial Status Report, SF 269 and a Federal Cash Transactions Report, SF 272. The Recipient should indicate in block 14 of the SF 272 – Remarks
, the amounts of cash received for National Management and amounts received for per capita during the reporting period.
(b) For National Management expenses
: In addition to the SF-269 and SF-272 required in paragraph (a) above, a listing of total expenditures by the Items of Expenditure Categories set forth in Attachment E (Form I) of this agreement.
(c) For Local Office/Affiliate and Payments to or on Behalf of Refugees expenses:
In addition to the SF-269 and SF-272 required in paragraph (a) above, a listing of expenditures as set forth in Attachment E (Form IIA and B) of this agreement that indicate per capita income earned during the reporting period, expenditures incurred chargeable to per capita funds including any prior year (FY 08) carryover per capita funds earned but not expended, accrual and expenditure of interest on per capita funds during the quarter, and the total amount of private cash resources used to augment the per capita funds.
c. Availability of Fiscal Year 2009 Per Capita Funds
1. A written statement must be submitted on or before December 31, 2009 reporting the amount of Fiscal Year 2009 per capita funds and accrued interest unexpended and available as of October 1, 2009. This statement must confirm the amount of those Fiscal Year 2009 funds that were expended and reported as a part of the quarterly financial reports for the period October 1, 2008 through September 30, 2009.
2. Should the Recipient have any unexpended Fiscal Year 2009 funds as of December 31, 2009, such funds must be returned to the Bureau no later than January 31, 2010.
d. IOM Promissory Note Collections
The Recipient shall submit quarterly reports of transportation loan collections indicating amounts collected and remitted to the International Organization for Migration within thirty (30) days of the end of each reporting period. The reports shall be due on or before January 31, 2009; April 30, 2009; July 31, 2009; and October 31, 2009.
1. The Recipient will have the U.S. Government Federal funds awarded to it under this cooperative agreement included in an appropriate audit or audits performed by independent public accountants in accordance with U.S. Government Auditing Standards established by the Comptroller General of the United States covering financial audits. In particular, the audit must include confirmation that the reported quarterly charges were actually incurred in the amounts and during the periods specified and that such reported charges were not based on average costs, estimates, or predetermined fees, except for charges such as indirect cost recovery, fringe benefits or other appropriately allocated expenses such as space and utilities.
2. The audit must be performed in a manner to meet the requirements of the U.S. Government's Office of Management and Budget (OMB) Circular A-133 - Revised, "Audits of States, Local Governments, and Non-Profit Organizations." The audit shall be completed and the data collection form and reporting package shall be submitted (as set forth in Subpart C of the Circular) within the earlier of thirty (30) days after receipt of the auditor's report(s), or nine months after the end of the audit period.
3. The Recipient shall confirm in writing to the Bureau the date it submits the data collection form and audit package to the Single Audit Clearinghouse located at Federal Clearinghouse, Bureau of the Census, 1201 E. 10th
Street, Jeffersonville, IN 47132, in accordance with Circular A-133.
f. Lobbying Disclosure Report
When applicable, the Recipient shall submit the OMB Standard Form LLL "Disclosure of Lobbying Activities" Attachment F at the end of each calendar quarter in which there occurs any event that requires disclosure or that materially affects the accuracy of the information contained in any disclosure form previously filed pursuant to this agreement.8.H - MISCELLANEOUS8.H.1 -- Entire Agreement
This agreement constitutes the entire agreement of the parties hereto concerning this funding arrangement. It replaces and renders void any prior agreement or understanding, whether written or oral, existing between the parties concerning any matter addressed herein.8.H.2 -- Communications
Except as otherwise provided herein, any document and any notice, request or other communication given, made or delivered by the Bureau or the Recipient pursuant to this agreement shall be in writing and shall be deemed to have been duly given, made or delivered to the party to which it is addressed when actually delivered, whether by hand, mail, telegram, or electronic mail (e-mail), to such party at the following address:
a. For communications to the Bureau on:
1. Financial or other designated issues:
Office of the Comptroller
Bureau of Population, Refugees, and Migration
Department of State
SA-1, Room L505
Washington, D.C. 20522-0105
Or for electronic mail:email@example.com
2. Program or other designated issues:
Office of Refugee Admissions
Bureau of Population, Refugees, and Migration
Department of State
SA-1, Suite L505
Washington, D.C. 20522-0105
3. Or for courier delivery:
2401 E Street, N.W., Suite L505
b. For communications to the Recipient:
9. SPECIAL AWARD CONDITIONS – Insert N/A (not applicable) OR insert text to include “high risk” designation if an applicant or recipient: (a) has a history of poor performance, (b) is not financially stable, (c) has a management system that does not meet the standards prescribed in this Circular, (d) has not conformed to the terms and conditions of a previous award, or (e) is not otherwise responsible, Federal awarding agencies may impose additional requirements as needed, provided that such applicant or recipient is notified in writing as to: the nature of the additional requirements, the reason why the additional requirements are being imposed, the nature of the corrective action needed, the time allowed for completing the corrective actions, and the method for requesting reconsideration of the additional requirements imposed. Any special conditions shall be promptly removed once the conditions that prompted them have been corrected.
10. DEVIATIONS – Insert N/A (not applicable) OR insert text to include additional reporting or statutorily mandated requirements.
IN WITNESS WHEREOF, the parties hereto have executed this cooperative agreement as of the dates indicated on page one of this agreement.
Guidelines for Participants
(Effective October 1, 2008)
These Guidelines govern reception and placement services provided to all refugees resettled in the United States under Cooperative Agreements with the Bureau of Population, Refugees, and Migration.
The Bureau must approve any exceptions to these guidelines in writing.
The definitions contained in Section 8.B.4 of the Cooperative Agreement shall apply for purposes of these Guidelines.
II. Assignment of Cases
A. Basis for Assignment of Reception and Placement Responsibility
A written proposal, submitted by the Agency and recognized by the Bureau in its Cooperative Agreement document, will constitute the basis for the assignment of Reception and Placement responsibility for specific refugees.
B. Special Cases
Subject to any limitations established in these documents (e.g., the inability of the Agency to assist refugees of a particular linguistic group), the Bureau may assign a reasonable number of special cases to any participating Agency.
C. Pre-destined Cases
The Refugee Processing Center (RPC) will maintain the official data file of all interests submitted by Agencies on behalf of U.S.-based relatives or friends. An Agency has a "registered interest" in a case if one of the following criteria is present:
1. an interest has been filed with the RPC;
2. the refugee's biodata transmitted from the overseas processing entity (OPE) notes that an Agency has filed an Affidavit of Relationship (AOR) with the OPE. (Note: There must be an AOR completed by a U.S. relative for a refugee eligible for Priority 3 according to processing guidelines. Indications by the OPE of Agency preference are insufficient to merit a claim on a refugee case);
In order for an AOR to be considered valid, it must have been filed by the Agency national headquarters according to Bureau guidelines.
3. a cross-referenced case or portion of a split case went to that Agency as a predestined case;
4. the case is a Visa-93 case and the Agency is referenced in the biodata. Interests filed by anyone other than the petitioner (spouse or parent) are invalid.
If a case originates at an OPE and the Agency filing the AOR or interest is the OPE's corresponding U.S.-based Agency, the AOR or interest must be filed prior to the registration date of the case overseas.
Once the case has been sent to the RPC for allocation, filing of interests is not permitted. Where two or more Agencies have such a relationship with a case (competing interests), a decision regarding appropriate placement and local affiliate responsibility should be made directly between the interested Agencies, centered upon the objectives of assisting refugee self-sufficiency, facilitating family reunification (particularly for Code 1 cases), and providing quality service to the refugees, and be consistent with guidelines on placement, i.e., with a Bureau-approved local affiliate (see Section IV, below). Disputes that cannot be resolved between the parties concerned will be referred to the Bureau for decision.
D. Allocations Group
The RPC and EMM will jointly host regularly scheduled video-conference meetings for the purpose of distributing biographic data received from overseas processing entities for refugees requiring assurances. All Agencies with headquarters in Baltimore, the Washington, DC area, and New York are expected to attend allocations group meetings. Agencies with headquarters located elsewhere should join the meeting via telephonic conference call. On an exceptional basis, Agencies may be given the option to join the meeting via telephonic conference call.
E. Free Cases
Cases are considered "free" cases when:
1. they have no registered Agency interest and are not destined to a specific resettlement area; or
2. for cases other than Placement Code 1 (immediate family members), placement with proposed anchors would be inappropriate.
Allocation of these cases will be the responsibility of the RPC, which will allocate them from the Worldwide Free Pool according to a process established by the Bureau.
F. Geographic Cases
Cases are considered "geographic" cases when:
1. they are destined to specific resettlement areas for reasons of family reunification; and
(a) there is either no prior registered Agency interest; or
(b) interests on file at the RPC do not correspond with the resettlement preference stated by the refugee on the biodata; or
(c) the Agency with prior interest is not approved for resettlement in the area; or
(d) a cross-referenced case or portion of a split case was allocated through the Worldwide Free or Geo Pool.
Allocation of these cases will be the responsibility of the RPC, which will allocate them from the Worldwide Geo Pool according to a process established by the Bureau. Cases accepted by an Agency that, through the sponsorship process, determines that the final resettlement site is not within the approved placement area of one of its Bureau-approved affiliates, shall either request a placement exception from the Bureau or return the case to the RPC in accordance with the timelines and due dates specified in Section III.B. The RPC, in turn, will return this case to the pool of Geo cases.
See Section III.B regarding deadlines for returning cases allocated from the pool to the RPC and corresponding pool credits that may be given to the Agency.
III. Filing Assurances
A. Assurance Criteria
For assurances submitted to the RPC for transmission overseas, Agencies must use the "Reception and Placement Program Assurance Form." The assurance form must be signed by an authorized employee of the Agency who is responsible for ensuring that all required data elements on the form are completely and accurately filled out. Assurances shall be considered timely if electronically submitted on or before the due date. The report shall be submitted to the RPC at Incoming-Datafiles@wrapsnet.org. Any assurances lacking required information such as minor codes, placement codes, or placement location will be rejected for data entry by the RPC. Also, any information supplied on the assurance that does not match the information cited on that case's biodata or on additional documentation available particular to that case (e.g., different case number, different case size, different names) will be returned for clarification. Any assurances returned to Agencies must be resubmitted with the appropriate corrections within seven (7) days.
A copy of the signed assurance form will be maintained on file at the headquarters of the Agency for a period of at least one year from the date the refugee enters the United States. A copy of the assurance form or equivalent documentation will be maintained in the local affiliate case file.
B. Assurance Submission Deadlines
Excluding emergency cases, Agencies are to submit assurance forms to the RPC no more than four weeks after allocation unless after discussion with the Agencies another timetable has been designated by the Bureau. Hereinafter, this is known as the assurance due date.
The assurance due date may be extended by four weeks when exceptional circumstances make assuring the case by the due date impossible. The case’s assurance due date may be extended one time. If the agency is unable to assure the case after a four week extension, the case must be inactivated or returned to RPC for reallocation.
Exceptional circumstances leading to an extension could include:
1. medical holds;
2. administrative holds;
3. large group placements;
4. unlocatable anchors;
5. requests for additional information from overseas;
6. changes in placement location; or
7. changes in anchor situation.
In rare instances, cases may be converted to inactive status when one of the above circumstances results in an anticipated long-term delay in refugee travel. Cases for which an anomaly report has been submitted by the Agency to DHS-CIS, should be inactivated until the OPE confirms that the case is cleared for continued processing.
If an Agency cannot assure a case due to inability to locate an anchor, the Agency should request updated anchor contact information from the OPE. Regardless of processing priority, if no new anchor information has been provided by RPC or the OPE by the original assurance due date, the due date may be extended by four weeks by filing a waiver form with RPC. If the case cannot be assured by the extended due date, the Agency should resettle the case as a free case, rather than submit an assurance inactivation. The Agency will be charged against the original pool allocation. Cases based on the filing of an I-730 petition (or Visas 93 cases) for which the anchor has not been located cannot be placed as free cases without written permission from the Bureau and DHS/CIS obtaining written permission to place it as a free case from DHS-CIS.
If, by the due date, a case has not been assured, received a formal due date extension waiver, or been inactivated, the case will be transferred/reallocated at the next allocations meeting (and so noted by the RPC) to another Agency.
Cases originally allocated from the free or geo pools, which are not transferred or waived by the due date, will count against the initial receiving Agency's allocation ceiling.
If the case is transferred prior to the due date, the due date will be automatically extended so that the receiving Agency has four weeks from the date of transfer to assure the case, unless the case needs to be expedited due to an emergency. The new due date and new Agency will be recorded in the RPC database and reflected on subsequent three-week and one-week assurance due reports.
If an inactive case is reactivated, the case will receive a new due date that is four weeks from the date of reactivation. The new due date and, if applicable, new Agency, will be recorded in the RPC database and reflected on subsequent three-week and one-week assurance due reports.
C. Amended Assurances
Before a case arrives in the U.S., Agencies are to submit amended assurances to the RPC within (2) two weeks of the RPC request date when:
the OPE submits amended biodata for the case; or
the OPE submits additional information which changes the placement plan e.g., new medical conditions have been identified after biodata is sent.
Agencies are to submit to the RPC amended assurances within 60 days of a case's arrival to the U.S. when:
the case moves to another resettlement site serviced by a Bureau-approved affiliate of the same sponsoring Agency;
the case's placement or minor code status changes from that originally reported to the RPC (i.e., a conversion from a family reunification case to a free case); or,
new members are added to or dropped from the case.
See Section III.D.2 for requirements for amended assurances for cases transferred to another sponsoring Agency after arrival.
D. Transfer Cases
1. Before Arrival
(a) Transfers to Agencies Holding a Registered Interest
Interest cases allocated to and accepted by one Agency for resettlement by one of its affiliates may be transferred to another Agency that also had a registered interest in the case. The losing Agency must provide written notice of this transfer to the RPC within one week of such transfer. Transfers for unassured interest cases must occur no later than the assurance due date. The RPC must be notified of such transfers no later than the assurance due date. As the gaining Agency had a registered interest on the case, the gaining Agency will not have the case charged against its pool allocation. The gaining Agency, upon accepting the transferred case, becomes fully responsible for it. The assurance due date will be changed if required according to guidelines specified in Section III.B.
(b) Cases Reallocated to an Agency Not Holding an Interest
If an Agency cannot sponsor a case and there is no other Agency holding an interest that can resettle the case, the case must be returned to the RPC for reallocation. However, if there is no competing registered interest but the anchor has indicated in writing that he wishes to work with a particular Agency, direct reallocation between Agencies is permitted, provided that a reallocation form is submitted to the RPC at the time of reallocation. The gaining Agency receiving the reallocated case will have the case charged to its pool allocation.
If the case originated in the current pool, the losing Agency returning the case to the RPC will receive full pool credit only if the Agency complied with the timelines and due dates specified in Section III.B. The gaining Agency receiving the reallocated case will have the case charged to its pool percentage. The gaining Agency, upon accepting the reallocated case, becomes fully responsible for it. The assurance due date will be changed if necessary to comply with the guidelines specified in Section III.B.
2. After Arrival
In those instances where a newly arrived case needs to be transferred to another Agency to comply with local presence requirements, both the losing and gaining Agencies are to submit transfer and assurance notices to the RPC within 30 days of the arrival of the case. In other circumstances, prior approval of the Bureau must be obtained.
A. The Agency shall describe its network of affiliates in its annual proposal, including the proposed service area to be covered by each.
B. An Agency may assure and place a case assigned to it under the Agreement only within the approved service area and caseload projections of its approved affiliates as set forth in the proposal.
C. The Bureau authorizes family reunion case placement within a radius of 100 miles within the same state of the affiliate and free case placement within a radius 50 miles within the same state of the affiliate.
D. The Bureau will consider approving a larger service area for family reunion cases when the Agency demonstrates to the satisfaction of the Bureau that the larger area will not impair the quality of service provided to refugees placed in that area and that a representative of the affiliate will be able to respond on a same day basis to any urgent needs of the refugee(s).
E. With respect to every placement, the Agency or affiliate will have on staff, or available from within the community of resettlement, persons who can communicate with the refugee in a common language and who can assist with the provision of services as needed. These services will be available to the refugee on a daily basis during the 90-day period.
The affiliate named on the assurance form will be responsible for maintaining case files which document evidence of required core service delivery, including:
A. a clearly legible casenote log which indicates date, mode, and substance of regular affiliate/refugee contact throughout the 90-day core service period and which includes a clear plan of action for each refugee in the case, based on an assessment of individual needs, and a detailed record of core service delivery;
B. a record of cash and in-kind support provided to meet the refugees' basic needs for at least the initial 30-day period, including clear acknowledgement by an adult member of the refugee family of receipt of cash and in-kind support and evidence that the amount provided either in cash or documented cash payments on behalf of the refugee case is equal to at least $425 times the number of individuals in that case;
C. a record of public assistance received, indicating type(s) of assistance and start date(s);
D. for family reunion cases, a signed agreement with the anchor relative clearly indicating which services he or she has agreed to provide, and those which the affiliate has agreed in advance to provide. This agreement should reflect discussions with anchors about responsibility for service that acknowledge the agency’s ultimate responsibility for core service delivery;
E. if appropriate, a copy of the signed co-sponsor agreement;
F. evidence that the affiliate has arranged for at least one home visit, other than an initial home safety orientation on arrival, within (30) thirty days of arrival by affiliate staff, co-sponsor, or other designated representative and a second home visit to permanent housing if the refugee moves from temporary housing within the first 90-days;
G. a core service checklist which identifies persons or entities who assisted the refugee in obtaining services, and the date and nature of services;
H. documentation of referrals to state-administered assistance and social service programs;
I. evidence that the refugee was provided with information on permanent resident alien status, family reunion procedures, and change of address reporting requirements;
J. a resettlement plan which indicates the initial assessment of employability for each employable refugee and a clear plan of action for each refugee, including children, based on an assessment of individual needs;
K. where applicable, copies of suitability determinations for placement of refugee minors, Minor Follow-up Evaluation Forms and signed statements concerning responsibilities and legal obligations in the state of residence;
L. a legible copy of the I-94 form for each refugee in the unit;
M. a 90-day report form, based upon an interview with the refugee by the affiliate or local co-sponsor from which it can be determined, inter alia:
1. that all Reception and Placement core services were made available to the refugee;
2. whether the refugee unit was economically self-sufficient at 90 days;
3. that each employable refugee, if not self-sufficient, was involved in a program to overcome barriers to self-sufficiency, and had been formally referred to state-funded or other appropriate social service providers;
4. that each unemployable refugee, not part of a self-sufficient unit, had been referred to state-funded or other appropriate social service providers;
5. the social security number for each refugee in the unit.
6. that each responsible refugee had been informed of the legal requirement to repay his/her IOM promissory note.
A copy of the completed 90-day report form will be provided to the Agency headquarters. Data from this form will be submitted to the RPC by the 15th day of the second month following the month in which the 90-day period ends, and shall be considered timely if electronically submitted on or before the due date. The report shall be submitted to the RPC at Incoming-Datafiles@wrapsnet.org. The original form will be retained by the affiliate for a period of not less than three years from the date of arrival. Agency headquarters will retain the reported information for a period of not less than one year from the date of arrival, and will make it available for review by the Bureau upon request;
N. in the case of free case refugees ages 18 to 64:
1. documentation of contact at 180 days to determine their employment status; and
2. for refugees counted as employed, documentation of the employer and the start (and, if applicable, stop) dates of employment.
VI. Performance Standards
The Bureau will evaluate Agency performance on an ongoing basis and will expect timely national Agency cooperation to remedy any identified weaknesses in affiliate, sub-office, or national Agency performance. In extreme circumstances, the Bureau may find it necessary to restrict placement of cases to affiliate offices for a period of time to allow for corrective action by the national Agency. The Bureau will evaluate Agency performance in the following areas:
A. National Agency Program Management
1. Headquarters Management
(a) Staff Training
Headquarters should have in place a formal plan for training new headquarters staff and affiliate directors, and should ensure that each affiliate has a structured training plan for each of its new employees. Headquarters should also have in place a mechanism for training existing staff at all levels on changes that occur in the R&P Program, as well as local and national legislative changes that affect refugee resettlement.
(b) Communication with Affiliates on Policy Changes
Headquarters should have in place mechanisms for informing affiliates of policy changes and shifts in expected refugee arrivals. Headquarters should also have in place mechanisms for informal communications with affiliates on everyday resettlement issues.
(c) Strategy for Site Selection
Headquarters should have in place a coherent strategy for selecting resettlement sites and placement of individual refugee cases. That strategy should show evidence of adaptability to new circumstances, e.g., influx of new ethnic groups, welfare or economic changes in any given location. Such strategy should also provide adequate justification for continued use of a site with poor employment outcomes.
(d) Corrective Action on Program Deficiencies
Headquarters should maintain records of corrective actions taken by affiliates in response to recommendations made by headquarters and Bureau monitors during on-site and telephonic monitoring reviews. These records should show evidence of follow-up as needed, and should address each recommendation made by the monitors.
2. On-Site Monitoring
(a) Frequency of Monitoring
Headquarters should maintain records verifying that it conducts on-site monitoring of each affiliate and sub-office in its network at least every three years, unless the office has resettled fewer than 25 refugees during the previous fiscal year. Headquarters should also perform and document monitoring visits to affiliate offices that have experienced a turnover in resettlement directors within one year of the new director’s appointment. Bureau exceptions to these requirements, which should be requested only in exceptional circumstances, should also be documented.
(b) Written Reports
Headquarters monitors should write a formal report for each monitoring visit they conduct. The report may contain a checklist format for easily quantifiable elements of the review, but must contain a narrative statement describing the affiliate’s R&P Program, including quality of housing and local services and the local resettlement environment. The report should contain evidence of a review of the affiliate’s 180-day free case employment outcomes and a corrective action plan if those outcomes were lower than 75%. The report should show evidence of contacts made by the monitor(s) with state and local refugee program officials and must contain recommendations for any necessary follow-up.
(c) Case File Review
Headquarters monitoring reports should contain evidence of the monitor’s review of 5% (but not fewer than 10 cases, nor more than 30 cases) of all case files for cases which arrived during the preceding 12-month period, including a representative sample of local co-sponsor placement, if applicable. The monitoring reports must indicate whether the case files contained fully completed resettlement plans for each member of the family, core services checklists showing timely delivery of all required services, and 90- day reports. The reports should also indicate whether the case logs presented a complete and accurate picture of the resettlement process.
(d) Quarterly Affiliate Monitoring and R&P Program Summary
Agencies shall submit quarterly a brief summary of its affiliate monitoring activities and findings on each affiliate monitored. The report shall include a discussion of actions taken to address any identified weaknesses in R&P core service delivery, including follow-up on corrective actions taken as a result of prior agency or Bureau monitoring. The report shall include notable general trends concerning or affecting refugee resettlement throughout the Recipient’s network. The report shall also include a discussion of any training or conferences organized under the Agreement, including number of persons who attended and their relationship to the R&P program, the purpose or goals of the event, and the outcomes. Reports shall be submitted to the Bureau within thirty (30) days of the end of each reporting period. The reports shall be due on or before January 31, 2009; April 30, 2009; July 31, 2009; and October 31, 2009.
3. 90-Day Reports:
Headquarters staff should be able to provide all 90-day reports requested by Bureau monitors during the annual headquarters review.
(b) Accuracy and Completeness
The 90-day reports reviewed by the Bureau monitors should be accurate and complete.
The 90-day reports reviewed by the Bureau monitors should have been completed in a timely manner, as defined in the Cooperative Agreement, Section 8.F.1.d.
(d) Adherence to Cooperative Agreement and Guidelines
The 90-day reports reviewed by the Bureau should adhere to all requirements contained in the Cooperative Agreement and Guidelines.
4. Sponsorship Assurances:
Headquarters staff should be able to provide all Sponsorship Assurances requested by Bureau monitors during the annual headquarters review.
(b) Accuracy and Completeness
The Sponsorship Assurances reviewed by the Bureau monitors should be accurate and complete.
The Sponsorship Assurances reviewed by the Bureau monitors should have been completed in a timely manner.
(d) Adherence to Cooperative Agreement and Guidelines
The Sponsorship Assurances reviewed by the Bureau should adhere to all requirements contained in the Cooperative Agreement and Guidelines.
5. Affidavits of Relationship (AORs):
Headquarters staff should be able to provide copies of all AORs requested by Bureau monitors during the annual headquarters review.
(b) Accuracy and Completeness
The AORs reviewed by the Bureau monitors should be accurate and complete and adhere to Bureau guidance and policies.
(c) Adherence to Cooperative Agreement and Guidelines
The AORs reviewed by the Bureau should adhere to all requirements contained in the Cooperative Agreement and Guidelines.
6. Timely submission of Reports:
(a) Free Case Employment Reports
(b) Quarterly Affiliate Monitoring and R&P Program Reports
(c) Annual Report
(d) Reconciliation of Claimed Refugee Sponsorships
(e) Quarterly Financial Status Reports
(f) Availability of Funds Statement for Current Fiscal Year
(g) Audit Data Collection Form and Reporting Package
B. Employment and Secondary Migration
1. Employment of Refugees
Although the Agency is not required to effect job placement through its own efforts, the Cooperative Agreement requires that the Agency provide employment orientation and appropriate referrals. Refugee program service providers or other resources available in the community may accomplish job placement. Since employment is recognized as one of the significant elements in successful resettlement, the Agency will determine the employment status of each employable refugee at the end of ninety days and, for free cases, at 180 days.
For this purpose, a refugee will be considered to have been employed if at the end of six months in the United States the refugee has spent six weeks in any job(s) of 35 or more hours per week.
2. Secondary Migration of Refugees
The Bureau will review the Agency’s out-migration performance as a part of its annual review.
C. Bureau Monitoring of Agency Affiliates
1. On-Site Monitoring Visits
All affiliates and suboffices are subject to monitoring by the Bureau with advance notice to the Agency and affiliate. Findings and recommendations will be reported in writing to the Agency, which will respond to the recommendations in writing before reports become final. Evaluation will be based on affiliate staff interviews, oral and written questionnaires, case file reviews, and refugee home visits. Reviews will include evaluation of:
(a) affiliate staff understanding of required Reception and Placement Program services;
(b) demonstration of effective coordination with other refugee resettlement organizations ;
(c) quality of R&P core service delivery;
(d) presence of all documents in file and degree to which each has been thoroughly and legibly completed);
(e) evidence of orientation and training of co-sponsors;
(f) quality of affiliate’s assessment of family cases to determine suitability of anchor to provide core R&P services.
The Bureau will provide an oral overview of its findings and recommendations to the affiliate immediately following the review. D. National Agency Response
The responsiveness of the Agency to the Bureau's monitoring reports, including timeliness of response to the draft report and timely implementation of recommendations will be evaluated. E. Loan Collections
Under Section 8.C.9 of the Cooperative Agreement, the Agency is required to use its best efforts to collect amounts due from refugees for transportation loans through the establishment and maintenance of a computerized collection system that permits the initial bill to be sent within six months of the refugee's arrival in the U.S.; the regular mailing of bills and reminder notices to encourage repayments to be made according to schedule; the management of the loans in accordance with its MOU with IOM; and full accounting and appropriate transfer of collections to IOM.
1. The Agency's efforts shall include:
(a) developing and maintaining a loan collection system that provides for the prompt billing of refugees within six months of arrival, provided required loan information has been received;
(b) billing refugees monthly for the first 36 months provided a valid address is available. If no payments are received during this period, bills may be sent every six months during the remainder of the period the note is held;
(c) maintaining a system that actively seeks refugees' current addresses and social security numbers for use in collection activities;
(d) maintaining a system that records and calculates balances on individual refugee loan accounts;
(e) establishing and maintaining a procedure for reviewing and determining the appropriateness of requests for deferral, up to six months, in accordance with established criteria;
(f) maintaining a procedure for transferring collections to IOM on a monthly basis with required accounting details;
(g) reporting collections and fund transfers on a quarterly basis to IOM and to the Bureau;
(h) transferring to IOM all loan notes within 90 days of becoming past due according to the established terms of the loan note and the guidelines set forth in the Agency's MOU with IOM; and
(i) submitting requests regularly to IOM for approval to write off loans for humanitarian reasons in accordance with established criteria.
2. In addition, the Agency will ensure that each affiliate, during the 90-day initial reception and placement period:
(a) informs each refugee who signed an IOM loan note that the loan is a legal debt that must be repaid in accordance with the terms of the note, and document this notification on the 90-day form;
(b) reports to the Agency headquarters on a monthly basis any known change in the address of an adult refugee; and
(c) requests and maintains a record of the Social Security number obtained by each refugee in connection with the assistance provided under Section 8.C.4 of the Cooperative Agreement.
The Agency shall make the information under subparagraphs 2.(b) and 2.(c) above available to the Bureau upon request.
Operational Guidance To Resettlement Agencies
April 12, 2001 (revised November 6, 2006; October 18, 2007)
The following guidance is intended to describe with greater specificity the Reception and Placement (R&P) Program services included in the Cooperative Agreement between the Government of the United States and the Agencies with whom the Department of State partners in the provision of R&P services for newly arriving refugees. This guidance provides the minimum standards for R&P services delivered during the applicable service delivery period for arriving refugees; Agencies that do more than what this guidance calls for are to be commended and encouraged to continue with such practices.
The Department of State expects Agencies to undertake best efforts to ensure that housing for refugees meets locally accepted standards for health and safety, and that other minimum service standards are met, but also recognizes that compliance with some aspects of this guidance may not always be possible. Compliance requires the cooperation of the refugee and his or her family members, especially in cases involving an anchor relative. In cases when non-cooperation by the refugee or his or her family member(s) makes compliance difficult or impossible, the Agencies should ensure that the refugee(s) and relative(s) are counseled and that any such counseling is noted in the case file. Likewise, there may be other barriers to full compliance that are beyond the control of the Agencies. In such instances, the circumstances should be documented.
- Housing should be safe, sanitary, and in good repair.
- All areas and components of the housing (interior and exterior) should be free of visible health and safety hazards and in good repair, including, for example:
- No visible bare wiring;
- No peeling or flaking interior paint for dwellings built before 1978;
- No visible mold; and
- No detectable dangerous or unsanitary odors.
- To the extent possible, the family should be able to assume payment of rent at the end of the R&P period, based upon projected family income from all sources. The family should be left with sufficient resources for other essential expenses (food, transportation, utilities, etc.) after rent payments are made.
- Housing should provide minimum habitable area for each occupant in accordance with locally accepted standards.
- There should be an appropriate number of bedrooms or sleeping areas for the family.
Housing should include the following:
- Identified and accessible emergency escape route(s);
- Fire extinguishers in accessible locations where required;
- Working locks on all windows and outside doors;
- Appropriate number of working smoke detectors;
- Windows in working order;
- Adequate heat, ventilation, lighting, and hot and cold running water; and
- Electrical fixtures in good repair.
- Kitchen: each residence shall be equipped with stove, oven, and refrigerator in good repair.
- Bathroom(s): each residence shall be equipped with sink, flush toilet, and shower or bath in good repair.
Garbage and Extermination:
- There should be easily accessible storage or disposal facility for garbage.
- There should be no evidence of current rodent or insect infestation.
- In cases of refugees with disabilities, housing should be free of, or permit the removal of, architectural barriers and otherwise accommodate known disabilities, to the extent possible.
The following items should be provided:
- Bedding (described as bed frame and spring, or equivalent, and mattress) appropriate for age and gender composition of family. (Only married couples or small children of the same sex may be expected to share beds.)
- One set of drawers, shelves, or other unit appropriate for storage of clothing (in addition to closet, unless closet has shelving to accommodate clothing) per family
- One kitchen table per family
- One kitchen chair per person
- One couch per family, or equivalent seating (in addition to kitchen chairs)
- One lamp per room, unless installed lighting is present
- One place setting of tableware (fork, knife, spoon) per person
- One place setting of dishes (plate, bowl and cup) per person
- Pots and pans: at least one sauce pan, one frying pan, one baking dish
- Mixing/serving bowls
- One set of kitchen utensils (such as spatula, wooden spoon, knife, serving utensils, etc.)
- Can opener
- Baby items as needed
Linens and Other Household Supplies:
- One towel per person
- One set of sheets and blankets for each bed
- One pillow and pillowcase for each person
- Alarm clock
- Paper, pens and/or pencils
- Light bulbs
- Dish soap
- Bathroom/kitchen cleanser
- Sponges or cleaning rags and/or paper towels
- Laundry detergent
- Two waste baskets
- Mop or broom
- Trash bags
- Toilet paper
- One toothbrush per person
- Personal hygiene items as appropriate
The following items should be provided:
- Available on arrival: culturally appropriate, ready-to-eat food, plus one day's worth of additional food supplies and staples (including baby food as necessary).
- Within one day of arrival, food or food allowance at least equivalent to the food stamp allocation for that family unit and continued food assistance until receipt of food stamps or until individual or family is able to provide food for himself, herself or themselves.
- Agencies should confirm that each adult refugee has an appropriate amount of pocket money throughout the first 30 days from any source. The purpose of pocket money is to allow independent spending at the refugee’s discretion.
- Appropriate seasonal clothing required for work, school, and everyday use as required for all members of the family, including proper footwearfor each member of the family, and diapers for children as necessary.
- Transportation provided by the agency must be in compliance with local motor safety law (seatbelts, child seats, number of occupants per vehicle, etc.)
INTAKE AND ORIENTATION
- For free cases: An Agency or other designated representative should visit the refugee within 24 hours of arrival to ensure that all immediate basic needs have been met.
For each adult refugee, Agencies should:
- Conduct intake interview within 5 working days of arrival;
- Conduct housing and personal safety orientation within 5 working days; and
- Complete orientation on other topics within 30 days of arrival.
All orientation and intake interviews should be conducted in a language-appropriate manner.REFERRAL TO SERVICES
Agencies should ensure, to the extent possible within the prescribed time frames, that each adult refugee:
- Applies for social security card within 10working days of arrival;
- Applies for cash and medical assistance, as appropriate, within 7 working days of arrival;
- Applies for food stamps, if necessary, within 7 working days of arrival; and.
- Meets school enrollment requirements and registers children for school within 30 days of arrival.
- Agencies should conduct at least one home visit, other than an initial home safety orientation on arrival, to each family within 30 days of arrival.
- Refer refugees to employment services and ESL, if appropriate, within 10 working days of arrival; and
- Refer non-employable refugees to other services, if appropriate, within 10 working days of arrival.
- Ensure that every refugee has a health assessment within 30 days of arrival. If factors beyond the control of the Agency make this impossible, the Agency shall inform PRM; and
- Ensure that refugees with acute health care requirements receive appropriate and timely medical attention.
 Furniture, household items and clothing listed need not be new, but must be clean, in good condition, and functional.
General Conditions for Grants and Cooperative Agreements Awarded for Activities Performed Domestic
1. Certification And Disclosure Regarding Payments To Influence Certain Federal Transactions
2. Certification Regarding A Drug Free Workplace
3. Certification Regarding Debarment, Suspension, Proposed Debarment, And Other Responsibility Matters
4. Compliance With Federal And State Employment Laws
5. Conflict Of Interest
6. Covenant Against Contingent Fees
8. Exchange Rate
10. Metric System Of Measures
11. Nondiscrimination In Federally Funded Programs
12. Nonexpendable Property
13. Officials Not To Benefit
14. Performance Responsibilities
15. Personnel Termination And/Or Severance Pay
16. Property Management Procedures
17. Reasonable Expenditures
18. Recipient Personnel
20. Sovereign Immunity; Non-Liability
21. Termination For Cause
22. Termination For Convenience
23. Transportation; Allowable Costs For Per Diem
24. Unauthorized Commitments
25. Uniform Administrative Requirements For Grants And Cooperative Agreements With Institutions Of Higher Education, Hospitals, And Other Nonprofit Organizations
26. Use Of Proceeds
These General Conditions, when attached to and incorporated by reference into a grant or cooperative agreement entered into by the Government of the United States of America, acting through the Department of State, Bureau of Population, Refugees, and Migration (hereinafter referred to as the "Bureau"), shall have the same force and effect as if they were an integral part of the text of the agreement. As referred to herein, "Recipient" shall mean the party with whom the Bureau has entered into a grant or cooperative agreement, and "Agreement" shall mean the legal document containing the provisions for using authorized funds to which these standard provisions are attached.
1. CERTIFICATION AND DISCLOSURE REGARDING PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS
(a) The Offeror, by signing its proposal, hereby certifies to the best of his or her knowledge and belief that on or after December 23, 1989, --
(1) No 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 on his or her behalf 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;
(2) If any funds other than Federal appropriated funds (including profit or fee received under a covered Federal transaction) have been paid, or will be paid, to any persons 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 on his or her behalf in connection with this proposal, the offeror shall complete and submit, with its proposal, OMB Standard Form LLL, Disclosure of Lobbying Activities, to the Contracting Officer;
(3) He or she will include the language of this certification in all subcontract awards at any tier and require that all recipients of subcontract awards in excess of $100,000 shall certify and disclose accordingly.
(b) Submission of this certification and disclosure is a prerequisite for making or entering into this agreement imposed by section 1352, Title 31, United States Code. Any person who makes an expenditure prohibited under this provision or who fails to file or amend the disclosure form to be filed or amended by this provision, shall be subject to a civil penalty of not less that $10,000, and not more than $100,000, for each such failure.
2. CERTIFICATION REGARDING A DRUG FREE WORKPLACE
(a) Definitions. As used in this provision.
"Controlled substance" means a controlled substance in sections I through V of section 202 of the Controlled Substances Act (21 U.S.C. 812) and as further defined in the regulation at 21 CFR 1308.11-1308.15.
"Conviction" means a finding of guilt (including a plea of nolo contendere) or imposition of sentence, or both, by any judicial body charged with the responsibility to determine violations of the Federal or state criminal drug statutes.
"Criminal drug statute" means a Federal or non-Federal criminal statute involving the manufacture, distribution, dispensing, possession or use of any controlled substance.
"Drug-free workplace" means the site(s) or the performance of work done by the Recipient in connection with a specific contract, grant or cooperative agreement at which employees of the Recipient, are prohibited from engaging in the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance.
"Employee" means an employee of a Recipient directly engaged in the performance of work under a Government contract, grant or cooperative agreement. "Directly engaged" is defined to include all direct cost employees and any other Recipient employee who has other than a minimal impact or involvement in agreement performance.
"Individual" means an offeror that has no more than one employee including the offeror.
(b) By submission of its proposal, the Offeror, if other than an individual, who is making a proposal that equals or exceeds $25,000, certifies and agrees that, with respect to all employees of the offeror to be employed under a contract, grant or cooperative agreement resulting from this proposal, it will -- no later than thirty (30) calendar days or more performance duration, or as soon as possible for awards of less than 30 calendar days performance duration; but in any case by a date prior to when performance is expected to completed --
(1) Publish a statement notifying such employees that unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the offeror's workplace and specifying the actions that will be taken against employees for violations of such prohibition;
(2) Establish an ongoing drug-free awareness program to inform such employees about --
(i) The dangers of drug abuse in the workplace;
(ii) The Recipient's policy of maintaining a drug-free workplace;
(iii) Any available drug counseling, rehabilitation, and employee assistance programs; and
(iv) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace.
(3) Provide all employees engaged in performance of this agreement with a copy of the statement required by subparagraph (b)(1) of this provision;
(4) Notify such employees in writing in the statement required by subparagraph (b)(1) of this provision that, as a condition of continued employment on the award resulting from this proposal, the employee will --
(i) Abide by the terms of the statement; and
(ii) Notify the employee in writing of the employee's conviction under a criminal drug statute for a violation occurring in the workplace no later than five (5) calendar days after such conviction;
(5) Notify the Comptroller of the Bureau in writing within ten (10) calendar days after receiving notice under subdivision (b)(4)(ii) of this provision, from an employee or otherwise receiving actual notice of such conviction. The notice shall include the position and title of the employee; and
(6) Within 30 calendar days after receiving notice under subdivision (b)(4)(ii) of this provision of a conviction, take one of the following actions with respect to any employee who is convicted of a drug abuse violation occurring in the workplace:
(i) Take appropriate personnel action against such employee, up to and including termination; or
(ii) Require such employee to satisfactorily participate in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency.
(7) Make a good faith effort to maintain a drug-free workplace through implementation of subparagraph (b)(1) through (b)(6) of this provision.
(c) By submission of its proposal, the Offeror, if an individual who is making a proposal of any dollar value, certifies and agrees that the offer will not engage in the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance in the performance of the agreement resulting from this proposal.
(d) Failure of the Offeror to provide the certification required by paragraphs (b) or (c) of this provision, renders the Offeror unqualified and ineligible for award.
(e) In addition to other remedies available to the Government, the certification in paragraphs (b) or (c) of this provision concerns a matter within the jurisdiction of an agency of the United States and the making of a false, fictitious, or fraudulent certification may render the maker subject to prosecution under Title 18, United States Code, Section 1001.
3. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, PROPOSED DEBARMENT, AND OTHER RESPONSIBILITY MATTERS
(a) By signing and submitting this proposal, the prospective primary recipient is providing the certification set out below.
(b) The inability of a person to provide the certification will not necessarily result in denial of participation in this covered transaction. The prospective participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the U.S. Department of State's determination whether to enter into this transaction. However, failure to furnish a certification or an explanation shall disqualify such person from participation in this transaction.
(c) The certification in this clause is a material representation of fact upon which reliance was placed when the Department determined to enter into this transaction. If it is later determined that the prospective primary participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the Department may terminate this transaction for cause or default.
(d) The prospective primary participant shall provide immediate written notice to the Bureau if at any time the prospective primary participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.
(e) The terms "covered transaction", "debarred," "suspended," "ineligible," "lower tier covered transaction," "participant," "person," "primary covered transaction," "principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the definitions and coverage sections of the rules implementing Executive Order 12549.
(f) The prospective primary participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the Bureau.
(g) The prospective primary participant further agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the Bureau entering into this transaction.
(h) The prospective primary participant further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion--Lower Tier Covered Transaction," provided by the Bureau into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions.
(i) A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the GSA "Lists of Parties Excluded from Federal Procurement and Nonprocurement Programs."
(j) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.
(k) Except for transactions authorized under paragraph (g) of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the Bureau may terminate this transaction for cause or default.
4. COMPLIANCE WITH FEDERAL AND STATE EMPLOYMENT LAWS
In the performance of this agreement, the Recipient agrees to comply with all applicable federal and state laws, rules, and regulations that deal with or relate to the terms and conditions of employment of persons employed by the Recipient in positions funded under this agreement.
5. CONFLICT OF INTEREST
The Recipient shall not employ in any position funded under this agreement the spouse, child, household member, or dependent of the Refugee Coordinator, the Deputy Refugee Coordinator, or any other Government employee (including any refugee, consular or INS officer) who (1) directs the work of or works with any person employed in a position funded under this agreement; or (2) has responsibility for directing the activities funded under this agreement. Furthermore, the Recipient shall not employ in any position funded under this agreement persons who have relationships with Bureau employees which might result in, or create the appearance of, conflict of interest.
6. COVENANT AGAINST CONTINGENT FEES
(a) The Recipient warrants that no person or agency has been employed or retained to solicit or obtain this agreement upon an agreement or understanding for a contingent fee, except a bona fide employee or agency. For breach or violation of this warranty, the Government shall have the right to annul this agreement amount without liability or, in its discretion, to deduct from the grant or consideration, or otherwise to recover, the full amount of the contingent fee.
(b) (1) "Bona fide agency" as used in this provision means an established commercial or selling agency, maintained by the Recipient for the purpose of securing business, that neither exerts nor proposes to exert improper influence to solicit or obtain Government contracts, grants, or cooperative agreements nor holds itself out as being able to obtain any Government contract, grant or cooperative agreement through improper influence.
(2) "Bona fide employee" as used in this provision means a person employed by the Recipient and subject to the Recipient's supervision and control as to time, place, and manner of performance, who neither exerts nor proposes to exert improper influence to solicit or obtain Government contracts, grants or cooperative agreements nor hold himself out as being able to obtain any Government contract, grant or cooperative agreement through improper influence.
(3) "Contingent Fee" as used in this provision means any commission, percentage, brokerage, or other fee that is contingent upon the success that a person or concern has in securing a Government contract, grant or cooperative agreement.
(4) "Improper Influence" as used in subparagraphs (b)(1) and (b)(2) of this provision means any influence that induces or tends to induce a Government employee or officer to give consideration or to act regarding a Government contract, grant or cooperative agreement on any basis other than the merits of the matter.
(a) Except as otherwise provided in this agreement, any dispute concerning a question of fact arising under this agreement that is not disposed of by agreement shall be decided by the Comptroller of the Bureau, who shall reduce his decision to writing and mail or otherwise furnish a copy thereof to the Recipient. The decision of the Comptroller shall be final and conclusive unless, within thirty (30) days from the date of receipt of such copy, the Recipient mails or otherwise furnishes to the Comptroller a written appeal addressed to the Secretary of State. The decision of the Secretary or a duly authorized representative for the determination of such appeals shall be final and conclusive unless determined by a court of competent jurisdiction to have been fraudulent, or capricious, or arbitrary, or so grossly erroneous as necessarily to imply bad faith, or not supported by substantial evidence. In connection with any appeal proceeding under this clause, the Recipient shall be afforded an opportunity to be heard and to offer evidence in support of its appeal. Pending final decision of a dispute hereunder, the Recipient shall proceed diligently with the performance of this agreement and in accordance with the Comptroller's decision.
(b) This "Disputes" provision does not preclude consideration of questions of law in connection with decisions provided for in subparagraph (a) above; provided, however, that nothing in this agreement shall be construed as making final the decision of any administrative official, representative, or board on a question of law.
8. EXCHANGE RATE
If expenditures incurred under this agreement are made in currencies other than United States dollars, the exchange rate to the United States dollar used for establishing the monthly claim should be based on the actual exchange rate obtained at the time of exchange. The Recipient must consistently use the same method throughout the validity period of this grant or cooperative agreement for reporting expenditures.
(a) The right of the Recipient to proceed under this agreement may be terminated by written notice if, after notice and hearing, the Assistant Secretary of the Bureau or a designee determines that the Recipient, its agent, or another representative --
(1) offered or gave a gratuity (e.g., an entertainment or gift) to an officer, official, or employee of the Government; and
(2) intended, by the gratuity, to obtain an agreement of favorable treatment under an agreement.
(b) The facts supporting this determination may be reviewed by any court having lawful jurisdiction.
(c) If this agreement is terminated under paragraph (a) above, the Government is entitled to pursue the same remedies as in a breach of this agreement.
(d) The rights and remedies of the Government provided in this clause shall not be exclusive and are in addition to any other rights and remedies provided by law or under this agreement.
10. METRIC SYSTEM OF MEASURES
The Metric Conversion Act of 1975, as amended by the Omnibus Trade and Competitiveness Act of 1988 (Public Law 100-418), states a policy preference for the use of the metric system of measurements, except where the use of that system is impractical or likely to cause significant ineffectiveness in the accomplishments of Federally funded activities. Accordingly, as expressed in Executive Order 12770, it is national policy to encourage recipients of Federally funded grants and cooperative agreements to use the metric system of measurements in their grant related activities. Recipients and subrecipients of Federal funds are encouraged to take similar appropriate affirmative actions to use the metric system of measurement.
11. NONDISCRIMINATION IN FEDERALLY FUNDED PROGRAMS
(a) The Recipient's performance under this agreement shall be in compliance with the requirements of Title VI of the Civil Rights Act of 1964, 42 U.S.C. 2000(d), which provides that, "No person in the United States shall on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under this program or activity receiving Federal financial assistance." See also 22 C.F.R. Part 141.
(b) The Recipient shall to the extent required by law comply with the Department of State regulations providing for non-discrimination on the basis of handicap and age set forth in 22 C.F.R. Parts 142 and 143.
(c) Distribute commodities to and conduct operations only with eligible recipient agencies and eligible recipients without regard to religious identity.
12. NONEXPENDABLE PROPERTY
(a) Nonexpendable property is tangible personal property having an acquisition cost of $5,000 per unit and having a useful life of more than one year as defined in Subpart C of the Office of Management and Budget (OMB) Circular A-110, unless otherwise specified under the terms of the basic agreement. All such nonexpendable property purchased under this agreement must be approved by the Bureau's Office of the Comptroller.
(b) Title to all nonexpendable property shall be vested in the Recipient while performing authorized activities during the validity period of this agreement unless otherwise specified by the Bureau at the time of approval of purchase. A property management system for all nonexpendable property shall be developed and implemented by the Recipient to meet the property management standards set forth in OMB A-110 Subpart C. Sections 31-37. "Property Standards."
(c) At the end of the validity period of this agreement or upon termination of this agreement, title shall be transferred to the Bureau and the items shall be returned to the Bureau unless the Bureau authorizes the Recipient (1) to retain title and use such property under a follow-on agreement executed to continue this program; (2) to purchase such property at a mutually agreed upon price; or (3) to sell or transfer such property to another organization for use in a similar activity. Under no circumstances shall the Recipient sell, trade, or otherwise dispose of any such property without the prior written consent of the Bureau.
(d) The Recipient shall report the loss, damage or theft of nonexpendable property to the Bureau within a reasonable time after such damage or loss has occurred. Costs of repair or replacement may be charged to the project only with prior written authority from the Bureau's Office of the Comptroller.
13. OFFICIALS NOT TO BENEFIT
No member of or delegate to Congress, or resident commissioner, shall be admitted to any share or part of this agreement, or to any benefit arising from it. However, this clause does not apply to this agreement to the extent that this agreement is made with a corporation for the corporation's general benefit.
14. PERFORMANCE RESPONSIBILITIES
Recipients shall perform all responsibilities specified in this agreement in coordination with the Bureau and in a manner consistent with U.S. law and policy, as well as applicable laws of countries where approved activities are performed.
15. PERSONNEL TERMINATION AND/OR SEVERANCE PAY
Employee termination and/or severance benefits shall be considered an appropriate charge under this
agreement when the expense is actually incurred or is recognized during the period of this agreement by the Recipient as an expense in accordance with its established policy and financial management system. Such expense, however, shall be limited to the Bureau's responsibility in accordance with an employee's direct relation to this or other Bureau funded activities. For example, an employee charged to Bureau activities for one-half of his/her employment with the Recipient shall have only one-half of his/her termination or severance costs charged to the Bureau under this agreement or under other appropriate funding arrangements.
16. PROPERTY MANAGEMENT PROCEDURES
A summary description of the Recipient's property management procedures shall be submitted to the Bureau within thirty days of signed acceptance of the terms and conditions of this agreement. Should any changes to these procedures occur, a revised summary description shall be submitted within thirty days to the Bureau.
17. REASONABLE EXPENDITURES
The activities funded by this agreement shall be planned and administered by the Recipient in accordance with business standards and practices at least equal to those that would be applied to similar projects undertaken in the same geographical area by reputable and experienced commercial organizations. All property, goods and services acquired by the Recipient or any agent of the Recipient with proceeds of this agreement, whether by purchase, lease or otherwise, shall be acquired at prices not greater than those generally prevailing for similar property, goods and services at the time and place so acquired.
18. RECIPIENT PERSONNEL
Personnel funded in full, or in part, under this agreement shall be subject only to those personnel policies and practices established by the Recipient for similar activities; provided however, that such policies and practices fully comply with local laws and employment practices of the specific country of operation. Should any changes to the Recipient's established policies and practices be proposed during the validity period of this agreement, the Recipient shall submit such proposed changes to the Bureau's Office of the Comptroller, at least thirty days prior to the planned effective date, for review and approval for any additional costs that may be charged to this agreement.
(a) The Recipient shall ensure that funds received in excess of authorized expenditures claimed under this agreement are returned promptly to the Bureau at the end of this agreement's validity period, and in no event later than the date established in this agreement for the submission of the final financial report. A check in the amount of the excess receipts shall be made payable to the Department and submitted in accordance with the financial reporting requirements of this agreement.
(b) If the Bureau determines that any disbursement made to the Recipient under this agreement has been applied by the Recipient other than in accordance with this agreement, the Bureau may so notify the Recipient in writing, suspend further payments under this agreement, and instruct the Recipient to incur no additional obligations of funds disbursed under this agreement pending corrective action by the Recipient or a decision by the Bureau whether to terminate this agreement in accordance with General Condition 23., below. The Recipient shall be allowed thirty (30) days from the date of such notice to correct the violation and to notify the Bureau in writing of the corrective action taken by it. If the Bureau is not satisfied with the corrective action taken, it will so notify the Recipient and the Recipient shall, within ninety (90) days after the date of the Bureau's notice, refund to the Bureau the full amount of such disbursement determined to have been applied by the Recipient in violation of this agreement; provided, however, that the Recipient shall be allowed all necessary and proper costs that the Recipient could not reasonably avoid after the date of such notice to the extent that such costs meet the cost principles required to be followed by the provision of this agreement.
(c) If the Bureau determines that any disbursement under this agreement was made to the Recipient in violation of U.S. law, or was applied by the Recipient in violation of U.S. law but not in violation of this agreement, the Bureau shall so notify the Recipient in writing. The Recipient shall take prompt and appropriate action to eliminate all further expenditures from such disbursement and to cancel outstanding obligations financed thereby. Within 90 days after the date of the Bureau's notice, the Recipient shall refund to the Bureau such amount of such disbursement as is required by law to be refunded, but in no event less than the unexpended portion of such disbursement.
(d) The Bureau may, to the extent permitted by law, elect to ratify expenditures made by the Recipient in violation of U.S. law or this agreement in lieu of requiring the refunds provided for in paragraphs (a) and (b) above. The decision whether to ratify shall be within the sole discretion of the Bureau.
20. SOVEREIGN IMMUNITY; NON-LIABILITY
(a) This agreement is made as a public and sovereign act by the Government, and no waiver of sovereign immunity of the Government is intended by it or shall be claimed against it in connection with any matter arising under or out of this agreement.
(b) Without in any manner limiting or derogating from the provisions of paragraph (a) above, the Recipient hereby agrees to indemnify and to hold harmless the Government, the departments and agencies thereof, and its officials and agents acting in their official capacities, for any and all liability arising under this agreement or in connection with any activities conducted pursuant thereto and resulting from the negligent acts or omissions of the Recipient, its employees, or agents.
21. TERMINATION FOR CAUSE
(a) The Bureau may terminate this agreement in whole or in part at any time before the date of completion if the Bureau determines that the Recipient has failed to comply with the conditions of this agreement. The Bureau shall promptly notify the Recipient in writing of the determination and the effective date.
(b) After receipt of the Notice of Termination, the Recipient shall (1) cancel all outstanding commitments under this agreement pertaining to the procurement of materials, supplies, equipment and miscellaneous items and (2) exercise all reasonable diligence to accomplish the cancellation or diversion of outstanding commitments covering personal services and extending beyond the effective date of such termination to the extent that they relate to the performance of any work terminated by the notice. The Recipient shall not incur new obligations for the terminated portion that would extend beyond the effective date of the termination. The Bureau shall allow full credit to the Recipient for any non-cancellable obligations properly incurred by the Recipient under this agreement prior to the effective date.
(c) With respect to commitments cancelled pursuant to a Notice of Termination from the Bureau, the Recipient agrees (1) to settle all outstanding liabilities and all claims arising out of such cancellation of commitments, with the approval or ratification of the Bureau, to the extent that may be required, which approval or ratification shall be final for all purposes of this clause, and (2) to assign to the Government, in the manner, at the time and to the extent directed by the Bureau, all of the right, title, and interest of the Recipient under the orders and subcontracts so terminated, in which case the Bureau shall have the right, in its discretion, to settle or to pay any or all claims arising out of the termination of such orders and subcontracts.
(d) The Recipient shall submit a termination claim to the Comptroller of the Bureau promptly after receipt of a Notice of Termination, but in no event later than 90 days from the effective date thereof, unless one or more extensions in writing are granted by the Comptroller of the Bureau upon written request of the Recipient within such 90 day period or authorized extension thereof. Upon failure of the Recipient to submit the termination claim within the time allowed, the Comptroller of the Bureau may, subject to any review required by the Bureau's procedures in effect as of the date of execution of this funding arrangement, determine, on the basis of available information, the amount, if any, due to the Recipient by the reason of the termination and shall thereupon pay to the Recipient the amount so determined.
22. TERMINATION FOR CONVENIENCE
(a) The Bureau or Recipient may terminate this agreement in whole or in part when both parties agree that its continuation will not produce beneficial results commensurate with the further expenditure of funds subject to the provisions of paragraphs (b) through (d) below, the two parties shall agree upon the termination conditions, including the effective date and, in the case of a partial termination, the portion to be terminated.
(b) When a termination is agreed to under this provision, the Recipient shall (1) cancel all outstanding commitments under this agreement pertaining to the procurement of materials, supplies, equipment and miscellaneous items and (2) exercise all reasonable diligence to accomplish the cancellation or diversion of outstanding commitments covering personal services and extending beyond the effective date of such termination to the extent that they relate to the performance of any work terminated by the notice. The Recipient shall not incur new obligations for the termination portion that would extend beyond the effective date of the termination. The Bureau shall allow full credit to the Recipient for any non-cancellable obligations properly incurred by the Recipient under this agreement prior to the effective date of the termination.
(c) With respect to commitments cancelled pursuant to this provision, the Recipient agrees (1) to settle all outstanding liabilities and all claims arising out of such cancellation of commitments, with the approval or ratification of the Bureau, to the extent that may be required, which approval or ratification shall be final for all purposes of this clause, and (2) to assign to the Government, in the manner, at the time and to the extent directed by the Bureau, all of the rights, title, and interest of the Recipient under the orders and subcontracts so terminated, in which case the Bureau shall have the right, in its discretion, to settle or to pay any or all claims arising out of the termination of such orders and subcontracts.
(d) The Recipient shall submit a termination claim to the Comptroller of the Bureau promptly after a termination under this provision, but in no event later than 90 days from the effective date thereof, unless one or more extensions in writing are granted by the Comptroller of the Bureau upon written request of the Recipient within such 90 day period or authorized extension thereof. Upon failure of the Recipient to submit the termination claim within the time allowed, the Comptroller of the Bureau may, subject to any review required by the Bureau's procedures in effect as of the date of execution of this grant, determine, on the basis of available information, the amount, if any, due to the Recipient by the reason of the termination and shall thereupon pay to the Recipient the amount so determined.
23. TRANSPORTATION; ALLOWABLE COSTS FOR PER DIEM
(a) The Recipient shall use U.S. flag carriers to the extent that such service is available in accordance with the provisions of the "Federal Travel Regulations."
(b) The Recipient shall consult current information regarding through fares, commutation (commuter) fares, "super saver," "no frills" fares, excursion, reduced rate fares and any other type of special fare and shall use the fare that would be the most practical to accomplish the program requirements and most economical that is determined to be available prior to the start of any trip. Round trip tickets shall be purchased only when, on the basis of travel plans, it is known or reasonably anticipated that such tickets will be utilized within the validity period of this agreement. Travel costs incurred that are in excess of the most economical fare available that allows the Recipient to meet the program requirements shall not be reimbursed.
(c) Direct charges for foreign travel costs are allowable only when the travel has received prior approval by the Bureau's Office of the Comptroller. Individual trips must be approved, either by identifying each one in the budget request or by requesting specific prior approval in writing. Foreign travel is any travel to a point outside the conterminous 48 United States, Alaska, Hawaii, Puerto Rico or other United States territories and possessions. For organizations with offices located in foreign countries, the term "foreign travel" means travel outside the country of location. All separate trips for foreign travel identified in the approved budget and authorized in the basic agreement are considered approved.
(d) Costs incurred for lodging, meals, and incidental expenses (as defined in the U.S. Government regulations cited in this subsection), shall be considered reasonable and allowable only to the extent that they do not exceed on a daily basis the per diem rates in effect at the time of the travel as set forth in the U.S. Government's "Federal Travel Regulations" (for travel in the conterminous 48 United States), "Joint Travel Regulations" (for travel in Alaska, Hawaii, Puerto Rico, and territories and possessions of the United States), or "Standardized Regulations (Government Civilians, Foreign Areas)" (for travel in other areas).
24. UNAUTHORIZED COMMITMENTS
Only the Grants Officer has authority to increase the funds obligated for the funds provided for this grant or cooperative agreement. Any direction given to the recipient by anyone other than the Grants Officer which causes the Recipient to incur costs which exceed the amount obligated for this agreement shall be borne entirely by the recipient. In the event such an unauthorized commitment is made, the Recipient shall immediately report the incident to the Grants Officer.
25. UNIFORM ADMINISTRATIVE REQUIREMENTS FOR GRANTS AND COOPERATIVE AGREEMENTS WITH INSTITUTIONS OF HIGHER EDUCATION, HOSPITALS, AND OTHER NONPROFIT ORGANIZATIONS
The provisions of OMB Circular A-110-Revised, "Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Nonprofit Organizations," are incorporated by reference. Upon request, the Grants Officer will make their full text available. Where clarifying or specific instructions are required, they will appear in full text in the basic agreement terms and conditions.
26. USE OF PROCEEDS
Proceeds received shall be maintained by the Recipient in interest-bearing accounts established in the Recipient's name solely for the programs authorized under this agreement. The Recipient shall notify the Bureau of the bank or banks at which it is maintaining proceeds received; such bank shall be acceptable unless the Bureau objects in writing. The Recipient shall have full authority to use the proceeds of such accounts in accordance with this agreement and shall draw thereon to make distributions in connection with the activities funded under this agreement. Any interest earned on advances of funds paid under this agreement shall be remitted to the Bureau with the appropriate quarterly report required under the terms of the basic agreement, provided that interest amounts up to $250 per year may be retained by the Recipient for administrative expenses.