HomeMy WebLinkAbout830920.tiff RESOLUTION
RE: APPROVE CONTRACT WITH STATE DEPARTMENT OF SOCIAL SERVICES
FOR EMERGENCY FOOD AND SHELTER AND AUTHORIZATION FOR CHAIR-
MAN TO SIGN
WHEREAS , the Board of County Commissioners of Weld County,
Colorado, pursuant to Colorado statute and the Weld County Home
Rule Charter, is vested with the authority of administering the
affairs of Weld County, Colorado, and
WHEREAS , the State has received funds under the Emergency
Food and Shelter Program from the Federal Emergency Management
Agency, pursuant to the Jobs Bill of 1983 , PL 98-8 , to provide
emergency food and shelter services within Colorado, and
WHEREAS, Weld County has been designated as a target area
for said Program by the Governor of Colorado, and
WHEREAS, the State Department of Social Services has sub-
mitted a contract to the Board of County Commissioners of Weld
County, concerning said Program, for the Board' s consideration,
and if approved, to be duly executed by the Chairman, and
WHEREAS, after review, the Board deems it advisable to
approve said contract, a copy being attached hereto and incor-
porated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Com-
missioners of Weld County, Colorado that the contract between the
State State Department of Social Services and Weld County for
emergency food and shelter services be, and hereby is , approved.
BE IT FURTHER RESOLVED by the Board that the Chairman be,
and hereby is, authorized to sign said contract.
The above and foregoing Resolution was, on motion duly made
and seconded, adopted by the following vote on the 27th day of
June, A.D. , 1983.
BOARD OF COUNTY COMMISSIONERS
ATTEST:7111ahl awys. WE COUNTY, ORRA,DO
Q Weld unty Flle and Recor er
a Clerk to t e Board C Carls n, Chairman
De uty County Clerk n T. Martin, Pro-Tem
APPROV D AS TO FORM: Excuspn n4mv OF c IamING - AYE
ne R. Brantner
830920
County Attorney Norman Carls n
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DAY FILE: June 29 , 1983
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Stab of C oh,radu for the u.r and benefit of Inc Department of S
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hereinafter referred u, ac the Slate. and 'l Board of County Commissionersikteld Count)
hereinafter referred Iu a1/4 the contractor. -� --
\\'HEREAS. authorit\ e\i\I\ in the Law and Funds have been budgeted, appropriated and otherwise made
mailable and a sufficient unencumbered balance thereof remains available for payment in Fund Number 10Q),___,
G'L Account Number 53597 . Contract Encumbrance Number qS .S O51 : and
WHEREAS: required :Ipproval. clearance and coordination hat been accomplished from and with appropriate
a,_encie,. and
WHEREAS, The State has received funds under the Emergency Food and Shelter
Program (Program) from the Federal Emergency Management Agency (FEMA) under
the Jobs Bill of 1983 (PL 98-8) to provide emergency food and shelter services
to meet urgent food and shelter needs within Colorado; and
WHEREAS, FEMA has developed an Emergency Food and Shelter Program Plan ,
April 1983, as originally published and as amended by the letters of May 9 and
27 , 1983, from Alton D. Cook, Regional Director, FEMA; and
WHEREAS, as specified in the FEMA Plan, the State must designate target
areas in which food and shelter needs are most urgent, based on long and snort
term unemployment and poverty; and
WHEREAS, the Governor, in Executive Order D0015 83, has
designated Weld County as a target area for this Program in accordance
with the FEMA Plan ; and
WHEREAS, consistent with the FEMA Plan , the State has designated Boards of
County Commissioners and Indian Tribes as recipient organizations for the
target areas; and
WHEREAS, Executive Order D0001583 further specifies that the Colorado
Department of Social Services shall provide the administrative support to the
Governor for this Program, including contracting with local administrative
agencies and ensuring that such agencies comply with the terms of such
contracts; and
WHEREAS, the Contractor has been designated a recipient organization in
Executive Order D0015 83, to undertake the services desired ; and
WHEREAS, the Contractor is capable and willing to perform the services.
NOW THEREFORE, it is hereby agreed that
1 . Area Covered . The Contractor shall perform
l the
necessary
programs and services provided under this Contract in Weld
y
2. Scope of Services. The FEMA plan is incorporated and made part of
this Contract by reference as Exhibit A, as if fully set forth herein. The
Scope of Services is defined on pages 2 of 18 through 11 of 18 of Exhibit A.
The Contractor shall do, perform, and carry out in a satisfactory and proper
manner this Scope of Services and other requirements established in Exhibit A,
in conformity with other applicable Federal laws, rules and regulations, and
subject to the allocation as indicated below.
3. Time of Performance. The services of the Contractor shall
commence as soon as practicable after the execution of this Contract and shall
be undertaken in such sequence as to assure completion of this Contract by
September 30, 1983.
395 53 01-COW
Page I of�) pages
'ISee m.lruvuum un reverse of last page.)
4. Allocation In consideration for Contractor's performance of the
services set forth herein , the State agrees to pay the Contractor a total
amount not to exceed Twenty two thousand five hundred and twenty one Dollars
($ 22,521.00 ) , a portion of which amount shall he paid no more often than
monthly, based on submission of a request for advance or reimbursement of
actual expenditures. The liability of the State, at any time, for such
payments, shall be limited to the unencumbered amount remaining of such
funds. Any changes in this amount shall be made by formal amendment to this
Contract. •
5. Federal Requirements. The Contractor agrees to comply with all
requirements in Exhibit A.
6. Eligibility. The Contractor agrees that this Program will only
serve families or individuals lacking food (e .g. unable to meet minimum
nutritional needs) and/or shelter (e.g. , evicted , homeless) and for whom other
resources or services are unavailable or inaccessible. The Contractor further
agrees that all expenditures will be in accordance with the provisions
governing allowable expenditures specified in Exhibit A. Available funds
shall be targeted to families and individuals most in need .
7. Administrative Requirements and Assurances. The Contractor agrees
to:(a) Administer the program directly or select a local administrative agency or
agencies to administer the program, considering those private non-profit
voluntary organizations or local units of government which will most
cost-effectively meet the emergency food and shelter needs. Any agency
selected must meet the requirements of Exhibit A, including accounting
and audit requirements.
(b) Establish monitoring procedures to ensure that the program will meet all
state and federal requirements , including those of non-discrimination.
(c) Monitor expenditures to ensure cost-effectiveness and compliance with
federal limitations on eligible costs as specified in Exhibit A, and to
expend no more than 1% of funds for eligible administrative costs as
specified in Exhibit A.
(d) Coordinate the use of these funds to maximize cost-effectiveness with any
funds made available to the area covered under other sections of PL 98-8,
including the Community Services Block Grant Program; Women, Infant and
Child Nutrition Program; Agricultural and Food Distribution Programs ; and
other funds allocated through FEMA for emergency food and shelter.
(e) Coordinate the use of these funds to maximize cost-effectiveness with any
existing General Assistance Program and other programs available through
voluntary or private agencies and other agencies of local government.
(f) Accept full fiscal responsibility for any federal audit exceptions
resulting from the Contractor's failure to comply with requirements of the
program.
(g) Indemnify the State against all liability and loss , and against all claims
and actions based upon or arising out of _ damage or injury, including
death, to persons or property caused by or sustained in connection with
the performance of the contract or by conditions created thereby, or based
upon the violation of any statute , ordinance, regulation and the defense
of any such claims or actions.
(h) Strictly adhere to all applicable Federal and State laws and rules and
regulations that have been, or may hereafter, be established, including
those providing for confidentiality of all recipient records, papers,
documents, tapes, or any other materials that have been or may hereafter
be established . -
(i ) Maintain a complete file of all records, communications , and other written
materials which pertain to the operation of programs or the delivery of
services under this Agreement, and shall maintain such records for a
period of five (5) years after the date of termination of this Agreement ,
or for such further period as may be necessary to resolve any matters
which may be pending.
Page 2 of 6 pages
(j) Permit the State and FEMA, and any other duly authorized agent or
governmental agency, to monitor all activities conducted by the Contractor
pursuant to the terms of this Agreement. As the monitoring agency may in
its sole discretion deem necessary or appropriate, such monitoring; y
consist of internal evaluation procedures , examination of program data ,
special analyses, on-site checking, formal audit examinations, or any
other reasonable procedure.
(k) Make copies of the FEMA Plan available to interested parties during
regular business hours.
8. Assignability . The Contractor shall not assign its
administrative obligations as set forth in paragraph 7 , above.
9. Contractor Relationship. The parties of the Contract intend that
the relationship between them contemplated by this Contract is that of
Employer-Independent Contractor. No agent, employee , or servant of Contractor
shall be, or shall be deemed to be, an employee, agent, or servant of Social
Services. Contractor will be solely and entirely responsible for its acts and
the acts of its agents, employees, servants, and subcontractors during the
performance of this contract.
10. Interest of Members of State and Others. No officer, member, or
employee of the State and no members of its governing body, and no other
public official of the governing body of the locality or localities in which
the project is situated or being carried out who exercises any functions or
responsibilities in the review or approval of the undertaking or
accomplishment of this Project shall participate in any decision relating to
this Contract which affects his personal interest or the interest of any
corporation, partnership, or association in which he is directly or indirectly
interested , or which corporation , partnership or association has any personal
or pecuniary interest, direct or indirect, in this Contract or the procee s
hereof. Political activities are prohibited under this Contract . No member
of or delegate to the Congress of the United State of America, and no resident
commissioner, shall be admitted to any share or part hereof or to any benefit
to arise herefrom.
11 . Interest of Contractor. The Contractor covenants that he
presently has no interest and shall not acquire any interest, direct or
indirect , which would conflict in any manner or degree with the performance of
services required to be performed under this Contract. The Contractor further
covenants that in the performance of this Contract no person having any such
interest will be employed using these funds.
12. Nondiscrimination Provision . No person shall on the grounds of
race, color, national origin, or sex be excluded from participation or be
denied the benefits of, or be subjected to discrimination under, any program
or activity funded in whole or in part with funds made available under this
Program. Any prohibition against discrimination on the basis of age under the
Age Discrimination Act of 1975 or with regard to otherwise qualified
handicapped individuals as provided in Sec. 504 of the Rehabilitation Act of
1973 shall also apply to any such program or activity.
13. Termination of Contract for Cause. If the Contractor shall fail
to fulfill in a timely and proper manner his obligations under this Contract ,
or if the Contractor shall violate any of the covenants, agreements , or
stipulations of this Contract, the State may terminate this Contract by giving
written notice to the Contractor of such termination and specifying the
effective date thereof, at least five (5) days before the effective date of
such termination.
Notwithstanding the above, the Contractor shall not be relieved of
liability to the State for any damages sustained by the State by virtue of any
breach of the Contract by the Contractor, and the State may withhold any
payment to the Contractor for the purpose of settlement until such time as the'
exact amount of damage due the State from the Contractor is determined .
Page 3 of 6 pages
14 . Federal Funds . The parties hereto expressly recognize that the
Contractor is to be paid , reimbursed or otherwise compensated with federal
funds provided to the State for the purpose of contracting for the services
provided for herein, and therefore , the Contractor expressly understands and
agrees that all its rights, demands and claims to compensation arising under
this Contract are contingent upon receipt of such federal funds by the State .
In the event that such federal funds or any part thereof are not received by
the State , the State may immediately terminate this Contract.
15 . Termination with Notice. Either party shall have' the right to
terminate this Contract by giving the other party thirty ( 30) days written
notice . If notice is so given , this Contract shall terminate on the
expiration of the thirty (30) days , and the liability of the parties hereunder
for further performance of the terms of this Agreement shall thereupon cease ,
but the parties shall not be released from the duty to perform their
obligations up to the date of termination .
16. Severability. To the extent that this Contract may be executed
and performance of the obligations of the parties may be accomplished within
the intent of the Contract , the terms of this Contract are severable , and
should any term or provision hereof be declared invalid or become inoperative
for any reason; such invalidity or failure shall not affect the validity of
any other term or provision hereof. The waiver of any breach of a term hereof
shall not be construed' a waiver of any other term.
17 . Agreement. This Agreement is intended to be the complete
integration of all understandings between the parties. No prior or
contemporaneous addition , deletion, or other amendment hereto shall have any
force or effect whatsoever, unless embodied herein in writing. No subsequent
novation , renewal , addition, deletion, or other amendment hereto shall have
any force or effect unless embodied in a written contract executed and
approved pursuant to the State Fiscal Rules .
Page 4 of 6 pages
,•uii n nr rah SPECIAL. PROVISIONS
CON!R it Lilt•S AI'I'ItOV'AL
1. This contract shall not be deemed valid until it shall have liven :wooed by the Controller Of the .tit;dr nl
Colorado or sneh assistant as he may designate, Ibis provision is applicable In :my contract insuls ing lily pas t tent of
money by the State.
FUND AVAILABILITY
2. Financial obligations of the State payable after the current fiscal ye:,r :ue cunliugeol upon funds for Ih.n
purpose being appropriated, budgeted and otherwise made available.
BOND REQUIREMENT
fifty
3. If this contract involves the payment of more than etrdnousand dollars for the construction. erection, repair,
maintenance, or improvement of any building, road, bridge, viaduct, tunnel, excavation or other public work lot ;his
State, the contractor shall, before entering upon the performance of any such work included in this contract, doh
execute and deliver to and file with the official whose signature appears below far the State, a crust and s.rtlici_of
bond or other acceptable surety to be approved by said official in a penal sun, not less than one-hall it the total
amount payable by the terns of this contract. Such bond shall he duly executed by a qualified corporate sum,..
conditioned for the due and faithful performance of the contract, and in addition, shall provide that if the contra:lot or
his subcontractors fail to duly pay for any labor, materials, team hire. sustenance, provisions. provender or other
supplies used or consumed by such contractor or his subcontractor in peformance of the work contracted Io he done.
the surety will pay the same in an amount not exceeding the sum specified in the hood, together with interest at the
rate of eight per cent per.annum. Unless such bond, when so required, is executed, delivered and tiled, no claim it.
favor of the contractor arising under this contract shall he audited, allowed or paid. A certified or cashier's cheek or a
bank money order made payable to the Treasurer of the State of Colorado may be accepted in leis of a bond.
MINIMUM WAGE
4. Except as otherwise provided by law, if this contract provides for the pawn eat of more than five thousand
dollars and requires or involves the employment of laborers or mechanics in the construction, alteration or repair of
any building or other public work, (except highways, highway bridges. underpasses and highway structures of all
kinds) within the geographical limits of the Slate, the rate of wage for all laborers and mechanics emplused by the
contractor or any subcontractor on the building or public work covered by this contract shall lie not less than the
prevailing rate of wages for work of a similar nature in the city, town,village or other civil subdivision of the Snare in
which the building or other public work is located. Disputes respecting prevailing rates will he resolved as provided in
8-16-101, CRS 1973, as amended.
DISCRIMINATION AND AFFIRMATIVE ACTION '
S. The contractor agrees to comply with the letter and spirit of the Colorado Antidiscrimination Act of 1957,
as amended, and other applicable law respecting discrimination ;Ind unfair employment practices (2_4-34402, (its
1973,1979 SuPP)atd as required by Executive Order, Equal Opportunity and Affirmative Action, dated April In,
1975.Pursuant thereto, the following provisions shall be contained in all State contracts or sub-contracts.
During the performance of this contract. the contractor agrees as follows:
(1.1 The contractor will not discriminate against any employee or applicant for employment because of
race, creed, color, national origin, sex, marital status, religion, ancestry, mental or physical handicap, or age.
The contractor will take affirmative action to insure that applicants are employed, and that employees are
treated during employment, without regard to the above mentioned characteristics. Such action shall include.
but not he limited to the following: employment, upgrading. demotion. or transfer, recruitment or
recruitment advertisings; layoffs or terminations;rates of pay or other forms of compensation;and selection
for training. including apprenticeship. The contractor agrees to post in conspicuous places. available to
employees and applicants for employment, notices to be provided by the contracting officer setting torah
provisions of this non-discrimination clause.
(2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the
contractor, state that all qualified applicants will receive consideration for employment without regard to
race, creed, color, national origin, sex, marital status, religion, incestt) mental or physical handicap. or age.
(3) The contractor will send to each labor union or representative of workers with which he has collective
bargaining agreement or other contract or understanding, notice to be provided by the contracting officer.
advising the labor union or workers' representative of the contractor's connmittmenl under the Executive
Order, Equal Opportunity and Afflnnatiye Action, dated April 16, 1975, and of the ales, regulations, and
relevant Orders of the Governor.
(4) The contractor and labor unions will furnish all information and reports required by Executive Order.
Equal Opportunity and Affirmative Action of April 16, 1975, and by the rules, regulations and Orders of the
Governor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting
agency and the office of the Governor or his designee for purposes of inwesligatiun to ascertain compliance
with such rules, regulations and orders.
(5) A labor organization will not exclude any individual otherwise qualified from full membership rights in
such labor organization, or expel any such individual (ruin membership in such labor organization or
discriminate against any of its members in the full enjoyment of work opportunity, because of race,creed,
color, sex, national origin, or ancestry.
(6) A labor organization, or the employees Of nmembers thereof will not aid, abet, incite; compel ur coerce
the doing of any act defined in this contract to be discriminatory err ',Wine( or prevent any person hunt
complying with the provisions of this contract or an) °riot issued thereunder;ur attempt, either direclls na
indirectly, to commit any act defined in this contract to be discriminatory.
5 �
page _ .___o( pages
(7) In the event of b.. ,onttactor•s min-compliance with the non-dist ..min:llion clauses of this contract in
with any of such rules, legulalions, or orders, this contract may be cancelled, lemlin:led or slrspcndryl in
whole or in part and the contractor ina • be declared iurligihle for further State contracts in accordance with
procedures, authorised in Executive Order, Equal Opportunity and Affirmative Action of April Io, 1975 and
the ndrx, regulations, or orders promulgated in accordance therewith, and such other sanctions as may be
imposed and remedies as may be invoked as provided in Executive Order, Equal Opportunity and Affirmative
Action of April 16, 1975, or by ndes, regulations, or orders promulgated in accordance therewith, or as
otherwise provided by law.
(8) The contractor will include the provisions of paragraphs (I ) through (8) in every sub-contract and
sub-contractor purchase order unless exempted by rules. regulations, or orders issued pursuant to Executive
Order, Equal Opportunity and Affirmative Action of April 16, 1975,so that such provisions will be binding
upon each sub-contractor or vendor. The contractor will take such action with respect to any sub-contracting
or purchase order as the contracting agency may direct, as a means of enforcing such provisions. including
sanctions for non-compliance: provided. however, that in the event the contractor becomes invoked in, or is
threatened with, litigation with the subcontractor or vendor as a result of such direction by the contracting
agency, the contractor may request the State of Colorado to enter into such litigation to protect the interest
of the State of Colorado.
COLORADO LABOR PREFERENCE
6. Provisions of 8-17-101, & 102, CRS 1973 for preference of Colorado labor are applicable to this contract if
public works within the State are undertaken hereunder and are financed in whole or in part by State funds.
GENERAL
7. The laws of the State of Colorado and rules and regulations issued pursuant thereto shall be applied in
the interpretation. execution and enforcement of this contract. Any provision of this contract whether or not
incorporated herein by reference which provides for arbitration by any extra-judicial body or person or which is
otherwise in conflict with said laws, rules and regulations shall he considered null and void. Nothing contained in
any' provision incorporated herein by reference which purports to negate this or any other special provision in
whole or in part shall he valid or enforceable or :mailable in any action al Ian whether by way of complaint,
defense or otherwise. Anv provision rendered null and soil by the operation of this provision will not invalidate
the remainder of this contract to the extent that the contract is capable of execution.
8. The signatories hereto aver that they are familiar with I8-8.301 , et seq.. (Bribery and Corrupt Influences)
and 18-8-401. et seq., (Abuse of Public Office). C.R.S. 1973. as ;mvended, and that no violation of such provisions is
present. •
9. The signatories aver that to their knowledge, no state en ilo\'ee has any personal or beneficial interest
whatsoever in the service or property described herein. /
IN .ciTNESS is HEREOF. the parties hereto have execute this Agreemen in the day first ahose wr en.
STATE OF COLOR )
Board of County Commissioners, �
R1CllA
Weld County •�i 1.U. :1)1.1• GOVERN()
•
/1") By
Contractor _—_ •S rAkuurivr DIRT TO __--- -- -�-
DEPARRTytE 'T
Position Chairman OF Social Services
Social Security Number
-1\ DUANE Nrr 7DAnC
APPROVALS n
JAMESc STROUP
JAMES A. STROUP
A17O R]F.v-Gl":al ER NI. t _ -O. TROLLP.K _
By a r ,l r i' •
�" By
\
r'1 Leg e
—
•
ATTEST:
WELD COUNTY CLERK .AND RECORDER
D CLERK TO THE fj0rtR9� "
•
D p County Clerk
395.53-02-CO35 Page_jy___which is the last Of 6 _pages
•See m.nuo lions um Iceenr sole.
April 1983
EXHIBIT A
i
or.e. r q pt. piHrri F172 ciiii„ p Ili., ir tr.4 ow. .
•
•
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Gi...—Y M,i
FEDERAL EMERGENCY T-i.Q,.. ' _C MANAGEMENT AGENCY "A. '4
"14'•-
4. a
Page 1 of 19 pages
41 AY 1 0 1983
�G� 0r in �3T
, Federal Emergency Management Agency
P, Region VIII Denver Federal Center, Building 710 Denver, CO 80225
,r o a o 1-
May 9, 1983
Ms . Ruth Crowe
Mr. Bart Alexander
Colorado Department of
Social Services
1575 Sherman
Denver, CO 80203
Dear Ms. Crowe & Mr. Alexander:
We are providing the following additional guidance for administration of food and
shelter program.
1) The content of the National Board plan necessitates the following changes
in the eligible program costs outlined in the State plan.
A) Transportation expenses for mass feeding are allowed;
B) Direct expenses associated with mass shelters such as
rent and other supplies are allowed; and,
C) Emergency rent or mortgage assistance is allowed. This
program cost is limited to one month's assistance in
order to avoid immediate eviction when no other resources
or assistance exists.
2) The monthly report submitted to FEMA should reflect the number of meals
served and the number of nights lodging provided.
3) Funds set aside for indians may be distributed by the designated recipient
agencies or through the tribe. The administering agency is responsible
for accounting for these funds in the same manner as all other program funds.
If you have questions, please call Cheryl Crisler at 234-6542.
Sincerely,
kle Acton D. Cook
Regional Director
Exhibit A
Page 2 of 18 pages
�j2GY MAN
GCa? et, Federal Emergency Management Agency
�$ a Region VIII Denver Federal Center, Building 710 Denver, CO 80225
40 .1-
May 27, 1983
Bart Alexander
Colorado Department of
Social Services
1575 Sherman
Denver, CO 80203
Dear Mr. Alexander:
The following information is provided in order to clarify particular elements
of the Emergency Food and Shelter Program Administrative Plan.
1. The plan indicates that Emergency Food and Shelter funds are to
be expended by September 30, 1983. In this context, expended
means the funds must be commited or obligated, i.e. , a binding
agreement for services or goods must be signed before September 30,
1983. It does not mean that the goods or services must be
delivered by September 30.
2. A forty-five day extension, not to exceed March 31, 1984, may be
granted in order to complete the program audit. The audit must
be completed no later than ninety days following delivery of the
goods or services.
3. Audits should be in compliance with General Accounting Office
Standards and Principles which allow audits to be performed cn a
sampling basis. However, if deficiencies are uncovered, the
sample should be expanded.
4. Misused or unused funds discovered at the time of audit will be
recovered in accordance with established claims collection proce-
dures.
5. Program costs are costs directly associated with the program, while
administrative costs are costs which are necessary for the agency/
organization administering the program to operate and implement the
program.
If you have any questions, contact Cheryl Crisler at 303-234-6542.
Sincerely
on D. Cook
Regional Director
Exhibit A
Page 3 of 18 pages
FOREWARD
This plan has been prepared to provide guidance to Federal , and
State agencies and local entities involved in the distribution
of funds for delivery cf emergency food and shelter to needy
individuals as authorized by P. L. 93-8.
The information, guidance and procedures contained in this plan
pertains to the distribution of $50 million dollars to States
and eventually local entities in accordance with P. L. 98-3 . A
separate plan will be prepared for the distribution of funds
through a National Board consisting of the United Way of America,
the Salvation Army, the National Council of Churches , the
National Conference of Catholic Charities , the Council of
Jewish Federations, Inc . , the American Red Cross and FEMA.
The representative from FEMA will chair the Board . All funds
provided for emergency food and shelter under P. L. 98-8 are to
be awarded within 30 days after enactment.
Any questions from State agencies or local entities should be
directed to the appropriate FEMA Regional Director.
Zart
Dave McLoughlin
Deputy Associate Director
State and Local Programs
and Support
Exhibit A
Page 4 of 18 pages
1 . 0 INTRODUCTION
Public Law 98-3 , signed by the President on March 24 ,
1933 , provides for emergency expenditures that will meet
urgent needs and protect and add to the national wealth by
providing productive jobs , not make-work , for women and
men; providing for the indigent and homeless through fiscal
year 1983 ; and accompli•s_hing other purposes . Under this
law , the Federal Emergency .Management Agency ( FEMA) is
responsible for carrying out an Emergency Food and Shelter
Program.
A total of $100 million has been appropriated for this
program. Half of this appropriation ( $50 million) is to
be provided as a grant for use by a National Board , which
will be chaired by FEMA and consist of representatives of
the United Way of America; the National Conference of
Catholic Charities; the Council of Jewish Federation , Inc . ;
the Salvation Army; the National Council of Churches; the
American Red Cross; and FEMA. The remaining half ( $50
million) will be used to provide food and shelter through
grant to the States which will distribute funds to local
recipients. All grants are to be awarded within 30 days
after enactment of P. L. 98-8 ; all funds are to be expended
by the end of Fiscal Year 1983 .
1 .1 Purpose This plan sets forth responsibilities of the
Federal and State agencies involved in the distribution
of funds for delivery of and shelter to needy individuals
under the Emergency Food and Shelter Program . This plan
includes FEMA' s policies and procedures for awarding
grants to the States in administering this Emergency Food
and Shelter Program.
1 .2 Scope
This plan is applicable to the Federal , State and local
organizations and personnel involved in State grant process
under the Emergency Food and Shelter Program .
1 .3 Objectives
A. Ensure that grants are awarded to States for the
• purposes of carrying out a program of shelter and
food distribution within the States within the time
period allotted under P. L. 98-8 .
B . Structure orderly and responc4 ' l n ^Oiicies and
procedures for a.._r i the ants to he Stat s .
Exhibit A
Page 5 of 18 pages
. . 4 Lead Agency Responsibility
FEMA is responsible for carrying out an Emergency Food
and Shelter Program as defined in P. L. 98-3 .
2 .0 Concept of Operations
2 .1 Planning Assumptions
A. Funds will be distributed according to procedures
set forth in Section 674 of PL 97-35 , Omnibus Budget
and Reconciliation Act of 1981 , disregarding
Subsection ( B) of Section ( a) ( 1 ) .
B . Grants will be made in accordance with terms and
conditions as established by FEMA in this Plan .
C . Administrative costs will be limited to 2% of the
grant amounts . No more than half of these administrative
costs will be used for State audit costs ; the remainder
will be used. for administrative costs incurred by
local recipients .
D. All grants will be awarded by FEMA by April 23 , 1933
(within 30 days of enactment of P . L. 98-8 ) .
E . All funds will be expended for food and shelter
assistance by September 30 , 1933 .
2 . 2 General Guidelines
A . Grant Award Process: Funding for this portion of the
program will be in the form of grants from FEMA to
the States. Grants will awarded through a document
specifying the terms and conditions of the grant and
signed by FEMA and the States .
B. Activities of Designated State Agency; As requested
in the notification letter, a State agency is to be
selected by the State to manage its Emergency Food
and Shelter Program . This agency will be the focal
point for management and administration of the
Emergency Food and Shelter Program in the State . In
administering the program, the State is expected to
identify and select target areas for assistance;
identify and select local recipient organizations ;
receive and disburse funds ; monitor as =nce provided ;
and coordinate and report on program activities .
Exhibit A
Page 6 of 18 pages
The State agency shall identify selection
criteria used and provide monthly progress reports .
Further information on reporting is provided in
Section 3 of this Plan .
In administering the Emergency Food and Shelter
Program, the State , also is expected to adhere to
the intent of the law in its selection of target areas
as described in these guidelines . Likewise every
effort should be made to identify local recipient
organizations ( such as United Way agencies , the
Salvation Army , Community Action agencies and church
organizations ) in target areas which can deliver
food and shelter assistance in an efficient and
timely manner .
The designated State agency also is expected to
coordinate its activities to the extent possible
with the National Board activities. This coordi-
nation will help to ensure the emergency provision
of food and shelter assistance reaches as many critical
areas as possible .
C . State Designation of a State Representative: The
Governor shall designate a State representative who
will execute documents and coordinate emergency food
and shelter assistance activities for the States . The
representative will serve as the primary State contact
and official liaison with FEMA.
D. Designation of Target Areas: The areas designated to
•
receive assistance under the Emergency Food and
Shelter Program should be those in which it can be
demonstrated that food and shelter needs are most
urgent, based on the latest statistics on unemployment,
proverty, etc. Areas of need may include areas where
there is an increase of recently unemployed persons ,
areas with new pockets of poverty, areas of lone-term
unemployment ( including areas where the long-term
unemployed may not be reflected in unemployment
statistics because the entitlement period has passed ) ,
and areas of existing poverty. Areas to receive
assistance will be selected without discrimination.
E. Selection of Recipient Organizations: In distri '-, '` ' ng
funds to local areas , States should select private ,
• nonprofit voluntary organizations ( including churches )
which have an accounting system and are nond e•-
Local units of governments also may ^-' =czed .
Exhibit A
Page 7 of 18 pages
In selecting local recipient organizations consid-
eration must be given to the demonstrated capability
of the organization to provide food and shelter
assistance , in a timely and efficient manner . Local
organizations to receive and provide the assistance
will be determined by the designated State agency .
Each local recipient organization should complete
a certification verifying its intent to use the
funding for food and sheltering purposes . A sample
certification for this purpose is provided along
with the grant award . (See Annex 2-5 ) .
F. Determination of Grant Amounts: 1 . Program Funds:
The amount of the grant for each State will be
determined through the procedure for determining
allotments to States in Section 674 of PL 97-35 ,
disregarding Subsection ( B) of Section 674 ( a) ( 1 ) .
Each State ' s allotment is listed in Annex 1 . in
addition , the Indian set-aside portion available to
certain States is a portion of each State ' s allotment
determined by using the tribes who have directly
applied to Department of Health and Human Services
(HHS ) for Office of Community Affairs funding , the
incidence of rural Indian poverty , and the State ' s
poverty population. For those States where there
is no established set-aside, funds are nevertheless
available to Indian tribes ( see Subsection 2 . 4 A. 6
of this Plan) . Additionally , the State also may
•
award funds beyond the set-aside portion.
2 . Administrative Costs: State and local administa-
• associated with the program are limited to 2%
of the total State grant amount . No part of the
appropriation shall be expended for the administrative
costs FEMA or any other Federal agency . No more
than half of the 2% administrative cost will be
•
available to the State . This amount will cover
expenses associated with State audit of the Emergency
•
Food and Shelter Program . The balance will be available
to local recipient organizations for administrative
costs associated with providing assistance under
this program. Eligible administrative costs are
covered in Subsection 2 . 3 of this Plan .
G. Audit Requirements: States shall complete an audit
of the program within 45 days of the date that all
funds are expended . This audit should follow General
Accounting Office standards and _nciple's and the
report should be forwarded to the appro.-i.
Regional Office for review . For further information
see Annex 2-2 , Paragraph SA.
4
• Exhibit A
Page 8 of 18 pages
, , 3 Eligibility of Costs
This appropriation is primarily intended for the purchase
of food and provision of shelter; however in supplementing
current available resources , the following guidance is
provided .
A. Eligible program costs include , but are not limited
to,
1 . purchase of food for mass feeding ;
2. supplies incidental to feeding ( such as utensils
or pots and pans ) ;
3 . expenses associated with mass shelter ( such
as cots and blankets ) ; and
4 . emergency lodging costs ( i . e . , hotel or motel
expenses only if the local recipient provides
emergency shelter by using a voucher or cash
payment system and only where the need arises .
B . Eligible administrative costs include , but are not
limited to ,
1 . printing and reproduction ( to advertise program
availability) ;
2 . State audit services; and
3 . operating expenses associated with expanded
services ( such as utilities or leasing costs ) .
C. Ineligible costs include , but are not limited to,
1 . rent or mortgage subsidies , cash payments
( except for emergency lodging costs as noted
above) , and real property and equipment purchase
( land , building , or major equipment)
2. administrative costs such as procurement
services , travel , personnel services ( salaries ,
overtime , fringe benefits ) , budgeting and
payroll preparation .
2 .4 Roles and Responsibilities
A. State res onsibilit4es include:
• 1 . designation of a lead State agency and contact ,
5
Exhibit A
Page 9 of 13 pages
2 . review and acceptance of grant program terms and
conditions ,
3 . distribution of funds and program guidelines to
local recipient organizations ,
4 . program status monitoring and submission of
monthly program reports to the FE:'.A Regional
Office,
5 . coordination of assistance with the National Board ,
and other organizations as necessary, and
6 . coordination with the Bureau of Indian Affairs
or State Indian advisory sources to determine an
equitable distribution of funds for those States
which do not have an established set-aside .
B. FEMA responsibilities include the following:
1 . National Office
( a) development of guidelines and criteria for
implementation and administration of the
Emergency Food and Shelter Program ,
( b) policy direction and interpretation of the
provision of the law regarding State
implementation,
( c) technical guidance to Regional Offices ,
(d) award of grants to the States ,
( e) review of monthly State program reports and
preparation of final program summary report ,
( f) audit oversight, and
(g) coordination with the Office of Community
Services ( HIS) and other agencies as appropriate .
2 . Regional Offices •
( a) issuance of notification of the Emergency Food
and Shelter Program to Governors_ ,
( b) liaison with the designated State contacts ,
( c) delivery of grant award documents to States ,
6
Exhibit A
Page 10 of 18 pages
(d ) assistance to the States in expediting
completion of the grant award package and
• transmittal of the completed package to rENA
National Office ,
( e ) oversight of State implementation of the
program,
( f ) compilation and analysis of monthly program
reports submitted by the States ,
( g) submittal of monthly State program reports to
FEMA National Office , and
(h ) coordination with States and Regional Inspector
General for Audit on audit procedures and
findings .
3 .0 PROGRAM MONITORING REQUIREMENTS
3 . 1 Reporting
The State is expected to provide monthly program status
reports to the appropriate Regional Office so that can
monitor the timeliness of program delivery in the State .
Reports should include information on funds disbursed
and names and locations of local recipient organizations .
A suggested report format with instructions is provided
in Annex 2-4 .
3 .2 Recordkeeoing
In order to facilitate audits and enable reporting to the
Congress , the State is expected to establish and maintain
records on how each target area was selected to receive
assistance . These records should include the type and
source of information used in making each selection, the
amount of grant monies allocated to each area , and the-
• local organization chosen to deliver the assistance .
7
Exhibit P.
Page 11 of 13 pages
Annex 2-2
-
F ANCIAL TERMS AND CONCITI. S
GENERAL PROVISIONS FOR COOPERATIVE AGREEMENTS
1 , Definitions:
•
a . The term "Recipient" refers to the State .
b. The term " Instrument" refers to the grant agreement.
c . The term "Assistance Officer" ( AO) refers to the
individual delegated the authority by FEMA to execute
and/or administer this instrument.
2 . Amendments:
This instrument may be amended at any time by a written
modification. Amendments which reflect the rights and
obligations of either party shall be executed by both the
Government and the recipient. Administrative amendments
such as changes in appropriation data may be issued
unilaterally by the AO.
3 . Cash Depositories.:
a . Any money advanced to the recipient under the terms of
this instrument must be deposited in a bank with
Federal Deposit Insurance Corporation ( FDIC) insurance
coverage and the balance exceeding the FDIC coverage
must be collaterally secured .
b. Consistent with the national goal of expanding the
opportunities for minority business enterprises , the
recipient and its subrecipients are encouraged to use
minority banks ( a bank which is owned at least 50
percent by minority group members ) . A list of minority
owned banks can be obtained from the Office of Minority
Business Enterprises , Department of Commerce ,
Washington, D. C. 20230 .
4 . Retention and Custodial Recuirements for Records:
a . Financial records , supporting documents , statistical
records , and all other records pertinent to this
instrument shall be retained for a period of three
years , with the following exceptions:
( 1 ) If any litigation, claim or audit is started before
the expiration of the three-year period , the records
shall be retained until all litigation claims , or audit
findings . in,'o1 :ing the records have been _ _solved .
( 2 ) Records for none::?endable property , if any, accu__ _d
with Federal funds shall be retained for three
years after its final disposition .
2-2-1
( Exhibit A
1 Page 12 of 18 pages
( 3 ) When records are transferred to or maintained by
FEMA, the three-year retention requirement is not
applicable• to the recipient .
b. The retention period starts from the date of the sub-
mission of the recipient of the final expenditure
report.
c . FEMA will request transfer of certain records to its•
custody from the recipient erating party when it
determines that the records possess long-term retention
value . The recipient shall make such transfers as are
requested . However , in order to avoid duplicate reccrd-
keeping , FEMA may make arrangements with the recipient
to retain records at the point of use , for those that
are continuously needed during the progress of work .
d . The Director of FEMA and the Controller General of the
United States , or any of their duly authorized repre-
sentatives , shall have access to any pertinent books ,
documents , papers , and records of the recipient , and
its subgrantee-s , to make audits , examinations ,
excerpts and transcripts .
5 . Financial Management Systems:
The recipient shall maintain a financial management system
that provides for the following:
a. Accurate , current and complete disclosures of the
financial results of this instrument in accordance
•
with General Provision 6 entitled " Financial Reporting
Requirements . "
b. Records that identify adequately the source and
application of funds for Federally supported activities .
These reports shall contain information pertaining to
Federal awards , authorizations , obligations , unobligated
balances , assets , outlays and incomes .
c. Effective control over and accountability for all funds ,
property and ether assets .
d. A comparison of actual outlays with budgeted amounts
and the relationship of specific performance and costs
•
incurred .
•
e . Procedures to minimize the tine elapsing between the
transfer`of funds to the recipient : c•-"”-=Cran.t bV
the recipient when advances or lor`?rs-o'_-or=; , - are
used .
t 2-2-2
Exhibit A
Page 13 of 18 pages
s
f. Procedures for determining reasonableness , allowability
and allocability of costs in accordance with the
provisions of the FEMA Emergency Food and Shelter Plan .
g. Accounting records that are supported by source
documentation.
h . A syste^nmatic method to assure timely and appropriate
resolution of audit findings and recommendations .
The recipient shall require its recipients to adopt the
standards above except for the requirements in paragraph
( e) regarding the use of the letters-of-credit method and
that part of subparagraph ( a ) regarding reporting forms
and frequencies prescribed in General Provision 6 .
5A. Audit Requirements:
a. State governments shall use their own procedures to
arrange for independent audits , and to prescribe the
scope of audits .
b . The provisions hereunder do not limit the authority of
Federal agencies to make audits of recipient organi-
zations. However, if independent audits arranged for
by recipients meet the General Accounting Office ( GAO)
and standard , the FEMA Inspector General shall rely on
them, and any additional audit work shall build upon
the work already done.
c . Audits shall be made in accordance with the GAO Standards
for Audits of Governmental Organizations , Programs ,
Activities and Functions , the Guidelines for Financial
and Compliance Audits of Federally Assisted Programs ,
and generally accepted auditing standards established
by the American Institute of Certified Public Accountants .
d . The State shall complete an audit of the program within
45 days of the date that all funds are expended .
e. The auditor shall promptly notify the cognizant agency
and recipient management officials above the level of
involvement of any irregularities include discovered .
Irregularities include such matters as conflicts of
interest , falsification of records or reports , and
misappropriation of funds or other assets .
f . Work papers and reports ahall be retained for a minimum
of three veers from the date of the audit retort unless
the auditor is notified in writing by - HA cf _ _ teed
to extend the retention period . The audit cry_
. - r='-5
shall be made available upon recuest to _ -:-!A or its
designees and the General Accounting Office or its
designees .
2-2-3
Exhibit A
Page 14 of 18 pages
53 . Letter of Credit:
a . To finance the operations of the recipient under this
instrument.
b. Cash advances to the recipient shall be limited to the
minimum amounts needed and shall be timed to be in
acccord only with the actual , immediate cash require-
ments of the recipient organization in carrying out
the purpose of the approved program or project. The
timing and amount of cash advance shall be as close as
is administratively feasible to the actual disburse-
ments by the recipient organization for direct program
costs and the proportionate share of any allowable
indirect costs .
c. Letter-of-credit will be established by FEMA.
d. The letter-of-credit is irrevocable ( the equivalent of
cash available to the recipient organization) to the
extent the recipient organization has obligated funds
in good faith thereunder in executing this agreement.
e. The recipient commits itself to:
( 1) Initiating cash drawdowns only when actually
needed for its disbursements;
( 2 ) Timely reporting of cash disbursements and
balances; and
f . Procedures for establishment and operation of a letter-
of-credit are contained in FEMA Manual 2700 .1 , Letter
of Credit Policies and Procedures. A copy of this
manual can be obtained by writing the following address:
Federal Emergency Management Agency
Office of the Comptroller
Accounting Division
500 C. Street. SW
Washington, DC 20472
6 . Financial Reporting Requirements:
a. Recipient shall submit an original and two copies of a
final Financial Status Report ( Standard Form 269 ) within
90 calendar days after the end date of the grant .
b. The recipient s:a'__ submit an cr'__ _^a_ and Two -es
of a Federal Cash Transaction Report ( Standard For-
272 ) 15 working days following the end of each -onthi"
reporting period .
2-2-4
Exhibit A
Page 15 of 18 pages
7 . Closeout Procedures:
a . The following definitions shall apply:
( 1 ) Closeout - the closeout of this instrument is the
process by which FEMA determines that all appli-
cable administrative actions and all required
work of the instrument have been completed by the
recipient and FEMA.
(2 ) Date of completion - the date on which all work
under the instrument is completed or the date in
the award document , or any supplement or amendment
thereto ( including termination notices subject to
the clause entitled Suspension and Termination
Procedures) , on which Federal assistance ends .
(3 ) Disallowed costs - disallowed costs are those
charges to the instrument that the AO determines
to be unallowable in accordance with the appli-
cable Federal cost principles or other conditions
contained-. in the instrument.
b. The parties shall close out this instrument in accor-
dance with the following procedures:
( 1) The recipient shall immediately refund any balance
of unobligated ( unencumbered ) funds that FEMA has'
advanced or paid and that is not authorized by
FEMA to be retained by the recipient for use in
other instruments .
( 2 ) The recipient shall submit to AO within 90 days
after completion of this instrument all financial
and other data required by the AO to closeout the
instrument. The AO may grant extensions when
requested by the recipient.
( 3 ) In the event a final audit has not been performed
prior to the close out of the instrument, FEMA
shall retain the right to recover an appropriate
amount after fully considering the recommendations
on disallowed costs resulting from the final audit .
E . Suspension and Termination Procedures:
a. The following definitions ahall apply:
( 1 ) Termination - termination of this instrument means
the cancellation of Federal assistance , in whole or
in part, under the instrument at any time prior to
the date of completion .
2-2-5
Exhibit A
Page 16 of 13 pages
( 2) Suspension - the suspension of this instrument is
an action by the AO that temporarily suspends
Federal assistance under the instrument p=_ndina
corrective action by the recipient or pending a
decision to terminate the instrument by FE:'.A.
9 . Subgrant . As FE:1A' s grantee , the State has responsibility
for assuring the proper administration of subgrants to include:
( 1 ) Proper conduct of the financial affairs of a subgrantee
insofar as they relate to a project for which grant
funds have been made available; and
( 2 ) Default in which the State may be held accountable for
improper use of grant funds .
( 3 ) As subgrant applications are approved by the State ,
subgrantees will receive formal statements of award
evidencing such action and indicating the amount of
the subgrant and any special conditions of the grant .
( 4 ) Recipients of subgrants will make all applications for
Federal fund's to the State . Such applications will be
in accordance with the subgrant regulations and
procedures of the State .
( 5 ) All subgrants made by the State are subject to the
conditions of this instrument.
•
2-2-6
•
• Exhibit A
Page 17 of lg pages
Annex 3
AN ACT
Making appropriations to provide emergency expenditures to
meet neglected urgent needs , to protect and add to the national
wealth, resulting in not make-work but productive jobs for
women and men and to help provide for the indigent and homeless
for the fiscal year 1983 , and for other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled , that the
following sums are appropriated , out of any money in the Treasury
not otherwise appropriated , for the fiscal year 1983 , and for
other purposes in order to increase the wealth of the Nation,
putting women and men back to productive work made necessary by
the conditions described as follow:
FOOD DISTRIBUTION AND EMERGENCY SHELTERS
There is hereby appropriated $50 , 000 , 000 to the Federal
Emergency Management Agency to carry out an emergency food
and shelter program. Notwithstanding any other provision
of this Act or any other law, such amount shall be made
available under the terms and conditions of the following
paragraphs:
•
The Director of the Federal Emergency Management Agency
in consultation with the Director of the Office of
Community Services, Department of Health and Human
Services shall , within thirty days of the enactment of
this Act, make grants totaling $50 , 000 ,000 to States
(as defines in Section 673 ( 4 ) of Public Law 97-35) for
the purposes of carring out a program of shelter and
food distribution within the States . The Director of
the Federal Emergency Management Agency shall make
grants to States in amount based on the procedure
extablished for determining allotments to States in
Section 674 of Public Law 97-35 except that the Director
of the Federal Emergency Management Agency shall
disregard Subsection ( B) of Section 674 ( a) ( 1 ) .
No part of the appropriation provided herein shall be
expended for the administrative costs of the Federal
Emergency Management Agency or any other Federal agency .
Administrative costs shall be limited to 2 per cent=
•
of the total appropriation: provided , that , the : ,_= ,_e
shall use such funds to sutolement and coordinate
efforts to suooly food and shelter by organizations
such as the United Way agencies , the Salvation Arms
chapters , community action agencies , church organizations ,
and other voluntary groups and organizations .
Exhibit A
Page 18 of 18 pages
Hello