FY 2011 Reception and Placement Basic Terms of the Cooperative Agreement
U.S. Department of State
1. Standardized Assistance Instrument Identification Number: SPRMCO10CA---
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
2201 C Street, NW, 8th Floor, SA-9
Washington, DC 20520
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 (DOS) 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
2. Fringe Benefits
8. Other Direct Costs (include per capita as a separate line item)
a. Per Capita (X,XXX * $1,800)
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. Recipient’s Share of Cost (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)
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 -- PREAMBLE
THE 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:
WHEREAS, 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; and
WHEREAS, 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 , 2010 for the FY 2011 program incorporated herein as Attachment A to this award, (hereinafter referred to as the “proposal");
The Recipient will assist the Bureau in accordance with the terms and conditions set forth below:
8.B - PURPOSE, FUNDING, VALIDITY PERIOD AND DEFINITIONS
8.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 placed with sponsoring agencies 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. This agreement, in part, provides for a fixed per capita grant of $1,800.00 per refugee admitted under Section 207 of the INA who is assigned to the Recipient. It is the intent of the Bureau that the per capita grants shall be spent in their entirety on expenses related to meeting the material needs of refugees and providing services to them at the affiliate assigned to assist them.
8.B.3 -- Validity Period
The period of this agreement shall be from October 1, 2010 through September 30, 2011.
8.B.4 -- Definitions
For the purposes of this agreement and the Attachments thereto, which are an integral part of it:
a. "Refugee" 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.
b. "Agency" 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.
c. “Affiliate” means:
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 the proposal for the FY 2011 program or during the course of the year, 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 an 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.
f. "Assurance" means a written commitment, submitted by a Recipient, 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. “Reception and placement period” (R&P period) means an initial 30-day period that can be extended up to 90 days after arrival should more than 30 days be required to complete R&P Program requirements.
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.
j. “Appropriate language interpretation/translation” means interpretation/translation which allows for communication with the refugee in his/her native language, if possible, or in a common language in which the refugee is fluent.
8.C - RESPONSIBILITIES OF THE RECIPIENT
8.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. A written proposal, submitted by the Recipient and incorporated into this agreement as Attachment A, will constitute the basis for the assignment of Reception and Placement responsibility for specific refugees. Subject to any limitations established in this agreement (e.g., the inability of the Recipient to assist refugees of a particular linguistic group), the Bureau may assign a reasonable number of special cases to any participating Recipient.
g. The Recipient shall describe its network of affiliates in its annual proposal, including the proposed service area to be covered by each affiliate. A Recipient 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. The Bureau authorizes cases with U.S. ties to be placed within a radius of 100 miles within the same state of the affiliate and cases without U.S. ties to be placed within a radius 50 miles within the same state of the affiliate.
h. The Bureau will consider approving a larger service area for cases with U.S. ties when the Recipient 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).
i. A copy of the signed assurance form will be maintained on file at the headquarters of the Recipient for a period of at least one year from the date the refugee enters the United States.
j. With respect to every placement, the Recipient 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 R&P period.
k. The procedures for initial assignment, assurance, and transfer of refugee cases are set forth in the Allocations Handbook, which may be updated during the agreement period and is hereby incorporated by reference.
l. The basic needs support and core services shall be provided to any refugee assigned to the Recipient during the R&P period after the refugee's arrival in the United States, except where a different period of time is stated.
m. The basic needs support and core services shall be provided in accordance with the proposal submitted by the Recipient as approved by the Bureau. Deviations from the proposal involving the addition of affiliates or increases of more than ten percent in each proposed affiliate’s caseload must be approved in advance in writing by the Bureau. An increase in an affiliate’s caseload does not increase the total number of a Recipient’s proposed and accepted total network capacity for refugee arrivals during the fiscal year. Any increase in a Recipient’s total network capacity for refugee arrivals must be requested by the Recipient in writing and 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.
n. Faith-based Recipients should take steps to ensure their inherently religious activities, such as religious worship, instruction, or proselytizing, are separate in time or location 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.
o. 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 re-delegate 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 re-delegated by an approved affiliate must be located in the affiliate's approved area of geographic responsibility, as designated in the proposal. When the affiliate has an agreement with a local co-sponsor to provide basic needs support or core services, the affiliate shall remain responsible for ensuring that the services are provided.
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. In cases when non-cooperation by the refugee makes compliance impossible, the Recipient should ensure that the refugee is counseled and that such counseling and result is noted in the case file. Any other barriers to full compliance that are beyond the control of the Recipient should be documented in the case file.
8.C.4 -- Basic Needs Support
For a period of not less than thirty (30) days after arrival, the Recipient shall provide or ensure that the refugees assigned to it are provided, with appropriate language interpretation as necessary, the following minimum standards of service:
a. Decent, safe, and sanitary housing based on federal housing quality standards or local or state standards if local or state standards are higher than federal standards, and the following:
1. All areas and components of the housing (interior and exterior) should be free of visible health and safety hazards and in good repair, including 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.
2. Housing should include 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 in working order; and electrical fixtures in good repair.
3. Housing should provide minimum habitable area for each occupant, including number of bedrooms or sleeping areas.
4. Each residence shall be equipped with stove, oven, and refrigerator in good repair.
5. Each residence shall be equipped with sink, flush toilet, and shower or bath in good repair.
6. Each residence shall have easily accessible storage or disposal facility for garbage.
7. Each residence shall be free of rodent and insect infestation.
8. 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.
9. 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.
b. Furniture and household items that need not be new, but must be clean, in good condition, and functional and include the following:
1. Beds (described as bed frame and spring, or equivalent, and mattress) appropriate for age and gender composition of family; one set of sheets for each bed; blanket or blankets for each bed as seasonally appropriate; and one pillow and pillowcase for each person. Only married couples or small children of the same gender may be expected to share beds.
2. One set of drawers, shelves, or other unit appropriate for storage of clothing in addition to a closet, unless the closet has shelving to accommodate clothing, per family.
3. One kitchen table per family and one kitchen chair per person.
4. One couch, or equivalent seating, per family, in addition to kitchen chairs.
5. One lamp per room, unless installed lighting is present and adequate, and light bulbs.
6. One place setting of tableware (fork, knife, and spoon) and one place setting of dishes (plate, bowl, and cup or glass) per person.
7. Food preparation utensils to include 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.); and one can opener per family.
8. One bath towel per person.
9. One alarm clock.
10. Paper, pens, and/or pencils.
11. Cleaning supplies to include: dish soap, bathroom/kitchen cleanser, sponges or cleaning rags and/or paper towels, laundry detergent, two waste baskets, mop or broom, and trash bags.
12. Toiletries to include: toilet paper, shampoo, soap, one toothbrush per person, toothpaste, and other personal hygiene items as appropriate. These items should be new.
13. Baby items as needed.
c. Food or a food allowance to include:
1. Culturally appropriate, ready-to-eat food available on arrival, plus one day's worth of additional food supplies and staples (including baby food as necessary).
2. Within one day of arrival, food or food allowance at least equivalent to the food stamp allocation for the family unit and continued food assistance until receipt of food stamps or until the individual or family is able to provide food for himself, herself, or themselves.
3. Assistance with application for food stamps, if necessary, within seven working days of arrival.
d. Appropriate seasonal clothing required for work, school, and everyday use as required for all members of the family, including proper footwear for each member of the family, and diapers for children as necessary. Clothing need not be new, but must be clean, in good condition, and functional.
e. An appropriate amount of pocket money for each adult throughout the first 30 days from any source to allow independent spending at the refugee’s discretion.
f. Assistance in applying for cash and medical assistance, as appropriate, within seven working days of arrival.
g. Assistance in applying for social security card(s) within ten working days of arrival.
h. Assistance with enrollment in English language programs, as appropriate, within ten working days of arrival.
i. Assistance with enrollment in employment services, as appropriate, within ten working days of arrival.
j. Assistance with enrollment in other services, as appropriate, within ten working days of arrival.
k. Assistance in accessing health screenings and appropriate health programs:
1. Ensure that every refugee has a health assessment within 30 days of arrival.
2. Ensure that refugees with acute health care requirements receive appropriate and timely medical attention.
l. Assistance with meeting school enrollment requirements and registering children for school within 30 days of arrival.
m. Transportation in compliance with local motor safety laws.
n. Transportation to job interviews and job training.
o. Assistance with registering with the selective service within 30 days, as appropriate.
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 this agreement;
3. Submit sponsorship assurances to the Refugee Processing Center for transmission to appropriate overseas processing entities 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 case. This responsibility may be delegated only to an affiliate. It is expected that each casefile shall be treated as confidential. Each casefile shall contain evidence of required basic needs support and core service delivery, including:
1. a clearly legible casenote log which indicates date, mode, and substance of regular affiliate/refugee contact throughout the R&P 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 basic needs support and core service delivery;
2. 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 case 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 $900 times the number of individuals in that case and reflects the total PRM R&P per capita amount spent on the refugee case;
3. a record of public assistance received, indicating type(s) of assistance and start date(s);
4. if appropriate, a copy of the signed co-sponsor agreement;
5. evidence that the affiliate has arranged for at least two home visits, within (30) thirty days of arrival by affiliate staff, co-sponsor, or other designated representative and an additional home visit to permanent housing if the refugee moves from temporary housing within the R&P period;
6. a core service checklist which identifies persons or entities who assisted the refugee in obtaining services, and the date and nature of services;
7. documentation of assistance in enrollment in state-administered assistance and social service programs;
8. evidence that the refugee was provided with information on permanent resident alien status, family reunion procedures, and change of address reporting requirements;
9. evidence that the refugee was assisted with registration for selective service (as appropriate);
10. 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;
11. where applicable, copies of suitability determinations for placement of refugee minors, Follow-up Evaluation Forms, and signed statements concerning responsibilities and legal obligations in the state of residence;
12. a legible copy of the front and back of the I-94 form for each refugee in the case;
13. an R&P period report form, which will be retained by the affiliate for a period of not less than three years from the date of arrival, based upon an interview with the refugee by the affiliate or local co-sponsor from which it can be determined, inter alia:
(a) that all Reception and Placement basic need support and core services were made available to the refugee;
(b) whether the refugee unit was economically self-sufficient at the end of the R&P period;
(c) that each employable refugee, if not self-sufficient, was involved in a program to overcome barriers to self-sufficiency, and had been formally enrolled in state-funded or other appropriate social services;
(d) that each unemployable refugee, not part of a self-sufficient unit, had been enrolled in state-funded or other appropriate social services;
(e) the social security number for each refugee in the case.
(f) that each responsible refugee had been informed of the legal requirement to repay his/her IOM promissory note.
14. a copy of the assurance form or equivalent documentation.
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, ready-to-eat food and seasonal clothing as necessary to meet immediate needs. For cases without U.S. ties, the Recipient shall visit the refugees within 24 hours of arrival to ensure that all immediate basic needs have been met. For cases with U.S. ties, the Recipient shall visit the refugee within five calendar days of arrival to ensure that all immediate needs have been met.
d. Community and Other Orientation
During the 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. the importance of learning English;
8. personal and household budgeting and finance;
9. information on permanent resident alien status and family reunion procedures;
10. the legal requirement of each adult refugee to fully repay his or her IOM transportation loan in accordance with the established payment schedule;
11. 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).
12. the legal requirement for males between the ages of 18 and 26 to register for the selective service within 30 days of arrival.
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. An intake interview and housing and personal safety orientation shall be conducted within five working days of arrival. Complete orientation on other topics shall be completed within 30 days of arrival.
e. Health -- Orientation and Assistance with Access to Services
The Recipient shall:
1. Provide each refugee case 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. Assist refugees in accessing 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, and document the circumstances and action taken in the casefile.
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, 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; Assistance with Access to Services
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. Assist each employable refugee to enroll in 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; and
4. Monitor implementation of the plan throughout the R&P period.
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 and local public health officials by sharing information needed to place or locate refugees, including secondary migrants to the degree possible, for the purpose of providing health services to them.
j. Assistance to Refugee Minor 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 codes are used to identify the circumstances of refugee minor children.
Refugee Minor 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 U.S.-based relatives.
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. Have knowledge of the state and local child abuse and neglect mandatory reporting requirements and follow such requirements during the R&P period;
2. Ensure that casefiles covering such minors can readily be identified and segregated (codes M2-M7) and include a copy of the Best Interest Determination (BID) of the child, if available;
3. 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 the nature and extent of the current relationship between the child and others in the family unit;
(c) An assessment of whether the family unit is willing and able to provide ongoing care and supervision of the child, and how the family plans to provide for the child;
(d) As assessment of the family unit’s understanding of and intentions regarding securing legal responsibility for the child; and
(e) As 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.
4. If the Recipient’s professional resettlement staff determine 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, M7) can be reclassified to enter the United States as an unaccompanied minor requiring foster case. 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);
5. 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;
6. 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;
7. 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 using appropriate language interpretation as necessary, and provide the family unit with a written statement, provided or approved by the state, county, or local child welfare bureau, 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;
8. 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) Within 30 days after the 90th day after arrival submit 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
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.6(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 Department of Homeland Security, 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 the proposal;
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 -- Performance Standards
The Bureau will evaluate Recipient 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. 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 Recipient will 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.
The Bureau will evaluate Recipient performance in the following areas:
a. Reception and Placement Performance Outcomes
1. Refugee is in safe, stable environment
(a) Refugee is picked up at the airport upon arrival with appropriate language interpretation as needed;
(b) Refugee is placed in a safe dwelling;
(c) Refugee is placed in affordable dwelling; and
(d) Refugee has basic necessities.
2. Refugee can navigate appropriate and relevant systems
(a) Refugee can access/use appropriate transportation;
(b) Refugee obtains own food and basic necessities;
(c) Refugee obtained social security card and other identification as needed
(d) Refugee accesses health care;
(e) Refugee demonstrates ability to contact emergency services;
(f) Refugee children are enrolled in school within 30 days of arrival;
(g) Refugee knows how to file paperwork to bring family members to the U.S.; and
(h) Refugee can access interpretation as needed.
3. Refugee family is connected to means of ongoing support for self/family
(a) Refugee is connected to or enrolled in eligible services;
(b) Refugee is financially supported (or self-sufficient); and
(c) Refugee can explain where the household money will come from when the initial assistance is finished.
b. 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 Affiliate 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 reports shall include a description that quantifies and qualifies how the per capita funding for affiliate operations has been used to lower client-to-staff ratios, support positions to coordinate volunteers or develop private resources for Reception and Placement activities, or otherwise improve the quality of Reception and Placement services received by refugees. The report shall also state the affiliate’s policy on how per capita funds beyond the $900 per person minimum are spent. 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 performance and compliance with R&P requirements. The report should show evidence of contacts made by the monitor(s) with state and local refugee program officials, including state refugee coordinator and state refugee health coordinator, 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 R&P period reports. The reports should also indicate whether the case logs presented a complete and accurate picture of the resettlement process.
3. Quarterly Affiliate Monitoring Reports
Agencies shall submit quarterly a brief summary of its affiliate monitoring activities to include findings and recommendations 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. 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 30, 2011, April 30, 2011; July 31, 2011; and October 31, 2011.
4. The following documents shall be available to the Bureau upon request, be accurate and complete, be submitted in a timely manner, and adhere to all requirements:
(a) R&P Period Reports
(b) Sponsorship Assurances
(c) Affidavits of Relationship
(d) Quarterly Affiliate Monitoring Reports
(e) Annual Report
(f) Reconciliation of Claimed Refugee Sponsorships
(g) Quarterly Financial Status Reports
(h) Availability of Funds Statement for Current Fiscal Year
(i) Audit Data Collection Form and Reporting Package
c. Employment and Secondary Migration
1. Employment of Refugees
Although the Recipient is not required to effect job placement through its own efforts, this agreement requires that the Recipient provide employment orientation and assistance in enrolling in appropriate employment services. 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 Recipient will determine the employment status of each employable refugee at the end of the R&P period.
2. Secondary Migration of Refugees
The Bureau will review the Recipient’s out-migration performance as a part of its annual review.
d. Bureau Monitoring of Agency Affiliates
1. On-Site Monitoring Visits
All affiliates and sub-offices are subject to monitoring by the Bureau with advance notice to the Recipient and affiliate. Findings and recommendations will be reported in writing to the Recipient, 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 organizations and agencies that provide services to refugees;
(c) quality of R&P basic needs support and 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;
The Bureau will provide an oral overview of its findings and recommendations to the affiliate immediately following the review.
e. National Agency Response
The responsiveness of the Recipient to the Bureau's monitoring reports, including timeliness of response to the draft report and timely implementation of recommendations will be evaluated.
8.C.9 -- Loan Collection (Varies for ECDC and KHRW)
a. In accordance with the terms of the current Memorandum of Understanding (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. In accordance with the MOU, entered into by the Recipient or its representative with IOM, the Recipient 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. The Recipient's efforts shall include:
1. 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;
2. billing refugees monthly provided a valid address is available;
3. maintaining a system that actively seeks refugees' current addresses and social security numbers for use in collection activities;
4. maintaining a system that records and calculates balances on individual refugee loan accounts;
5. establishing and maintaining a procedure for reviewing and determining the appropriateness of requests for deferral, in accordance with established criteria;
6. maintaining a procedure for transferring collections to IOM on a monthly basis with required accounting details;
7. reporting collections and fund transfers on a quarterly basis to IOM and to the Bureau;
8. transferring to IOM all loan notes becoming past due according to the established terms of the loan note and the guidelines set forth in the Recipient's MOU with IOM; and
9. submitting requests regularly to IOM for approval to write off loans for humanitarian reasons in accordance with established criteria.
c. In addition, the Recipient will ensure that each affiliate, during the 90-day initial reception and placement period 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; reports to the Recipient headquarters on a monthly basis any known change in the address of an adult refugee; and 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.
d. 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 KHRW)
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 "Bureau of Population, Refugees, and Migration General Conditions for Grants and Cooperative Agreements," effective October 1, 2010 attached hereto as Attachment B;
b. 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 - FUNDING
8.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 proposal. 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).
b. Local Offices/Affiliates and Services to Refugees
1. The Bureau shall provide the Recipient a fixed per capita grant of $1,800.00 per refugee admitted under Section 207 of the INA who is assigned to the Recipient, to be provided in full to the affiliate to which the refugee is assigned, pursuant to this agreement for a total of up to x,xxx refugees who are expected to arrive in the United States during the period October 1, 2010 through September 30, 2011. It is the intent of the Bureau that the per capita grants shall be spent in their entirety on expenses related to meeting the material needs of refugees and providing services to them at the affiliate assigned to assist them.
2. Per capita grants are to be provided in their entirety to the affiliates to which refugees are assigned. Of the $1,800.00 fixed per capita grant:
(a) At least $1,100.00 is to be used to cover payments made by the affiliate to or on behalf of individual refugees for cash disbursement or for material goods, as needed, to meet the requirements of the program;
(i) No less than $900.00 of this $1,100.00 must be spent on behalf of the refugee by the affiliate to which the refugee is assigned during that refugee’s R&P service delivery period;
(ii) Up to $200.00 of this $1,100.00 may be spent on behalf of other vulnerable refugees assigned to the same affiliate who have unmet needs during their R&P period;
(b) No more than $700.00 may be used to partially cover the expenses of the affiliate to which the refugee is assigned in providing reception and placement services, including expenses that will lower the client-to-staff ratio, support positions that will coordinate volunteers or develop resources for the R&P program, and/or otherwise improve the quality of the R&P services received by refugees. Any remaining amount will be used to augment financial assistance for direct payments to or on behalf of the refugee assigned to the affiliate or to other refugees assigned to the same affiliate during their R&P service delivery period;
(c) The Recipient will demonstrate through the reporting required under this agreement that the amounts funded for the per capita grants were provided by the Recipient in their entirety to affiliates based on the total number of refugees assigned to those affiliates during the period of October 1, 2010 through September 30, 2011.
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, 2010 through September 30, 2011, but in no case shall the total payment of per capita funds exceed $xxx,xxx during this period.
4. This agreement may be amended prior to December 31, 2011 to reflect the actual number of refugee arrivals during the period October 1, 2010 through September 30, 2011 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.
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 affiliates expenses or cash disbursements to refugees and/or purchases of material goods on their behalf at the Recipient’s affiliate for which the refugee is assigned 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-122 "Cost Principles for Nonprofit Organizations" (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 affiliate expenses or for payments to or on behalf of refugees.
f. Per Capita Funds
1. Any unexpended per capita funds designated for affiliates expenses may be used to continue authorized basic needs support and core services beyond the R&P period for refugees assigned under this agreement, excluding payments to or on behalf of refugees which must be expended by the end of the R&P period.
2. Per capita funds designated for payment to or on behalf of each refugee may be used only to cover direct payments to or on behalf of each refugee and must be expended by the end of their R&P period. A minimum of $900 per capita must be spent on each refugee.
3. Up to $200 per capita of funds designated for payment to or on behalf of refugees may be used only to cover direct payments to or on behalf of any refugee placed at the affiliate that received the per capita.
4. All per capita funds earned under this agreement, however, must be expended no later than three (3) months following September 30, 2011 from which funded and reported as part of the final or interim final financial report for the period October 1, 2010 through September 30, 2011. Funds remaining at the end of the above-specified period shall be returned to the Bureau.
5. 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.
6. 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 REQUIREMENTS
8.F.1 -- Program Reports
a. Quarterly Affiliate Monitoring Report
The Recipient shall submit quarterly a brief summary of its affiliate monitoring activities to include findings and recommendations on each affiliate monitored. The report shall include a description that quantifies and qualifies how the per capita funding for affiliate operations is used to lower client-to-staff ratios, support positions to coordinate volunteers or develop private resources for Reception and Placement activities, or otherwise improve the quality of Reception and Placement services received by refugees. The report shall also state the affiliate’s policy on how per capita funds beyond the $900 per person minimum are spent. 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 reports shall be submitted to the Bureau’s Office of Refugee Admissions. The reports shall be due on or before January 30, 2011, April 30, 2011, July 30, 2011, and October 30, 2011.
b. Annual Report
The Recipient shall submit no later than March 31, 2012, 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 submitted on or before the due date. Such report shall describe for the period October 1, 2010 through September 30, 2011:
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, 2011, 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.
c. R&P Period Reports
A copy of the completed R&P period report form will be provided to the Agency headquarters. Data from this form will be submitted to the RPC no later than the 15th day of the second month following the end of the R&P period, 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. 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.
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 (email@example.com). 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, 2010 through September 30, 2011 must be reconciled with the Refugee Processing Center no later than December 31, 2011.
b. Quarterly Financial Status Report
1. (a) (1) The Recipient shall submit calendar quarterly financial status reports, in the formats attached hereto as Attachment D. Financial reports shall be submitted within thirty (30) days following the end of each calendar year quarter (January 30th) during the validity period. Proposed revisions or adjustments to the report 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 based on final reconciliation of arrivals, the Recipient may adjust the allocation of expenses between per capita and private resources, but may not increase expenses, during the 120 day period for submission of the final expenditure report.
(b) A final or interim final financial report for expenditures together with a summary report of the previously reported quarterly expenditures shall be due March 31, 2012. This report is to include any proposed revisions or adjustments to 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, reports reflecting expenditures by the Recipient shall be completed in accordance with the new Federal Financial Report (FFR SF-425). Each financial report shall consist of Federal Financial Report (FFR SF-425) which is available electronically at http://www.whitehouse.gov/omb/grants_forms/. The Recipient should indicate in block 12 of the SF-425 – 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-425 required in paragraph (a) above, a listing of total expenditures by the Items of Expenditure Categories set forth in Attachment D of this agreement.
(c) For Local Office/Affiliate and Payments to or on Behalf of Refugees expenses: In addition to the SF-425 required in paragraph (a) above, a reporting of expenditures shall be completed as set forth in Attachment D of this agreement that indicate per capita income earned during the reporting period, expenditures incurred chargeable to per capita funds, and the total amount of non-Federal funds used to augment the per capita funds. This information is to be provided by affiliate noting the affiliate RPC code and city, number of refugees arrived, affiliate expenses per capita expenditure, and per capita expenditures to or on behalf of refugees during the quarter as set forth in Attachment D.
c. Availability of Per Capita Funds
1. A written statement must be submitted on or before December 31, 2011 reporting the amount of per capita funds and accrued interest unexpended and available as of October 1, 2011. This statement must confirm the amount of those funds that were expended and reported as a part of the quarterly financial reports for the period October 1, 2010 through September 30, 2011.
2. Should the Recipient have any unexpended per capita funds as of the financial report due on March 31, 2012, such funds must be returned to the Bureau no later than April 30, 2012.
d. IOM Promissory Note Collections OR (omit for ECDC and KHRW)
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 30, 2011, April 30, 2011, July 30, 2011, and October 30, 2011.
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" which is available electronically at http://www.whitehouse.gov/omb/grants_forms/ 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 - MISCELLANEOUS
8.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
United States Department of State
2201 C Street, NW, 8th Floor, SA-9
Washington, DC 20520
Or for electronic mail:
2. Program or other designated issues:
Office of Admissions
Bureau of Population, Refugees, and Migration
United States Department of State
SA-9, 8th Floor
2025 E Street, NW
Washington, D.C. 20522-0908
3. Or for courier delivery:
2201 C Street, NW, 8th Floor, SA-9
Washington, DC 20520
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.
 Cases without U.S. ties must be visited within 24 hours of arrival. Cases with U.S. ties must be visited within 5 calendar days of arrival. An additional home visit should occur for all cases within 30 days of arrival.