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Home My WebLink About710408.tiff -A: J -1/7‘.7 IMMEDIATE ORDER TO COMPLETE REPAYMENT 1969 FLOOD ADVANCEMENT MONIES: WHEREAS, on June 28, 1971, the Board of County Commissioners was presented by the State of Colorado, Office of Emergency Preparedness a Bill of Collection in the amount of $42,437.89, for advancement monies in connection with the 1969 Flood, and WHEREAS, on July 2, 1971, the Chief Accounting Officer requested by letter that partial payment be made from monies held in an escrow account in the Weld County Treasurer's Office, and WHEREAS, by resolution dated, July 7, 1971, the Board of County Commissioners ordered the County Treasurerto advance monies in the amount of $20,263.20, and that an extension for the remaining monies be granted for said Bill of Collection to said Office of Emergency Preparedness, and WHEREAS, on July 19, 1971, the Chief Accounting Officer received notice by letter from W. S. Martin, Executive Assistant Disaster Coordinator, State of Colorado, that the request for an extension was denied. NOW, THEREFORE, BE IT RESOLVED, by the Board of County Commissioners, Weld County, Colorado, that the remainder of said Bill of Collection in the amount of $22,174.69, be and it is hereby ordered paid to the State of Colorado, from the County's Road and Bridge Fund. The above and foregoing resolution was, on motion duly made and seconded, adopted by the following vote: AYES /—_ THE BOARD COUNTY CO?dISSIONERS WELD COUNTY, COLORADO DATED: JULY 21, 1971 MB 37: 333 LHR cc: Acctg Aud Treas 710408 ONAI GG 2%/ � \9O 1 STATE OF COLORADO CD 3 1� iF DEPARTMENT OF MILITARY AFFAIRS Disaster Coordinator 4r.E M\,' Camp George West CODIS Golden, Colorado 80401 Tel. 279-2511 Ext. 19 July 1971 241 Mr. Barton Buss Chief Accounting Officer Office of Budget and Finance Weld County Courthouse Greeley, Colorado 80631 Dear Mr. Buss: As a result of your request of July 2, 1971 for an extension of time for repayment of the funds Weld County received for flood relief from the 1969 flood, I forwarded, to the Office of Emergency Preparedness, a copy of your request together with our recommenda- tion that the extension be granted. A copy of the reply we received is enclosed. As you can see by the attachment to the enclosed copy, the time allowed for reimburse- ment is only 30 days from the original date on the bill of collection, so it would be appreciated if the county could forward the balance due, making it payable to the "Treasurer, State of Colorado", without delay. Sincerely, /e)/Za;A';17 /13-4 - 7 William S. Martin Executive Assistant Disaster Coordinator WSM:pj Encl. wEp CO. FINANCE OFFICE r „ G y JUL 2 01971 r GREEL +COLO. EXECUTIVE OFFICE OF THE PRESIDENT OFFICE OF EMERGENCY PREPAREDNESS REGION 6 1- FEDERAL REGIONAL CENTER _ BUILDING 710 j DENVER, COLORADO 80225 July 13, 1971 Mr. Bill Martin Executive Assistant to State Disaster Coordinator !, EOC, Camp George West Golden, Colorado 80401 Dear Mr. Martin: This is in response to your letter of July 8, 1971 , concerning the I Weld County Bill for Collection under Colorado OEP-261-DR-19. The county requests an extension of the repayment period. An extension of the 30 day period is in conflict with our current agency regula- tions governing over-advances. A copy of this regulation is being attached. In view of the above and in order to be consistent with all appli- 1 cants , we regret to inform you that no extension is possible in this case. Please advise Weld County of this determination. { Sincerely, 4 C / Jack W. Coulter Acting Regional Director Attachment VOX WEl0 C� PNF:hs sl? k .r\� ;I ;y 9 At. COLO GREELEY. -- , / Chapter XVII—Office of Emergency Preparedness (d) 1311I Jar Collection (Form 11141. Formal is past due and that the consequence.; Formal demand for funds due the Fed- 01' nonpayment have necessitated refer- ral oral Government, ral of the entire claim to OEP Head- ART 7712—FEDERAL DISASTER AS- (e) Stale official. The individual au- quarters for further action including pos- sible OF CLAIMS thorized by the State Governor in the Bible offset against other such vouchers Federal-Stale Agreement involved to eligible for reimbursement (4 CPR 102.3) Pursuant to and in conformity with the execute all but certain documents, or referral to the GAO for collection (4 Act of July 10, 1966, 80 Stat. 309, 31 CFR Part 105). The State will also be U.S.C. 952, and in conformity with the § 1712.1 Comp or waiver informed that further communications standards promulgated jointly by the At- Section 3(b) of the Federal Claims shall be with the Chief, Financial torney General and the Comptroller Collection Act of 1986 (31 U.S.C. 692) Man- agement Branch. General pursuant to that Act (4 CFR authorizes the head of each agency, in , (3) If,within 30 days after date of the Ch. II) the following regulations relat- • conformity with regulations issued notice required in subparagraph (2) ing to the settlement, of certain claims Jointly by the Attorney General and the of this paragraph, the full amount of the arising under the Federal Disaster Act, Comptroller General, to compromise bill has not been received, the Chief, as amended (42 U.S.C. 1855-185511h), claims not exceeding $20,000 exclusive Financial Management Branch, shall and the regulations prescribed pursuant of interest, or to terminate collection notify the appropriate State official that thereto (32 CFR Parts 1710 and 1711) action with respect to those claims where the account Ls delinquent and subject to are hMeby prescribed as Part 1712 of it appears that no person liable for the offset against any other funds to which a Title et claim has present or prospective finan- the State may be entitled by reason of 3cial ability to pay a sufficient sum the same disaster or to referral to the see. thereon or where the cost of collection GAO for collection. 1712.1 Scope. of the claim is likely to exceed the (4) If, within 30 days after date of 1712.2 Exclusions. amount of recovery. Most claims under notice required by subparagraph (3) 1712.3 Definitions. this part will be for a specific and undis- of this paragraph, payment of the full 17124 Compromise or waiver. 1712.5 Administrative collection activity, puted debt arising out of an overadvance amount stated in the Bill for Collection 1712.6 Referrals to cAO. of disaster funds to a State (for read- has not been received, the Director or vancement to one or more of its political his designee shall offset the amount Acrrnoarrr: The provisions of this Part subdivisions) and the debtor will be one stated in the Bill for Collection against 1712 issued under the Act of July 19, 1906, of the States of the Union.Consequently, any funds otherwise owed the State by 80 Stat. 309. 31 U.B.C. 052; the Federal Dis- aster Aot, as amended (42 13.s.C, 1855— there will be few, if any, Instances in reason of the same disaster and the Gov- 1855hh): and 4 CFR Ch.n. which compromise or waiver of claims error shall be notified of that action. If § 1712.1 Scope. cognizable under the regulations in this it is not feasible to satisfy the indebted- part would be consistent with the intent ness by such offset the Director or his This part prescribes standards to be of section 3(b) of Federal Claims Col- designee shall notify the Governor of the applied and procedures to be followed lection Act. State that he intends to request the by the Office of Emergency Prepared- ness (OCT) in the administrative col- § 1712.5 Administrative collection artic• GAO to take the necessary steps to effect lection, compromise, termination of 'ix• collection. This letter shall explain In OEP collection action, and referral to (a) Civil claims by OEP in connection oof such detail the l possible f consequences the the General Accounting Office (GAO) with Federal Disaster Assistance nor- GAO a referral of the claim to O5- of civil claims by OEP in connection with mnlly arise when a State voucher for si adverse or collection including th post Federal Disaster Assistance (Public Law payment of Federal Disaster Assistance have n effect rsuch referral might 81-875. Part 1710 of this chapter; Public is processed and a determination is made have on other Federal programs In the Law 89-769, Part 1711. of this chapter; by OEP that funds already advanced State.ib) Appeals: 42 U.S.C. 1855-1855hh). to the State attributable directly to the ( ) (1) Appeals for reconsideration shall of b- § 1712.2 Exclusions. voucher question are in r excess of the gibility for reimbursement shall be sub- amount eligible for Federal reimburse- milted not later than 30 days after the This part shall not apply to civil ment. Collection activity to recover such date of the Bill for Collection in accord- claims by OEP arising out of any Fed- excess funds shall proceed in the fol- ante with the OEP appeal procedures eral Disaster Assistance rendered under lowing sequence: set forth in § 1710.9(f) of this chapter circumstances in which a State has not (1) A Bill for Collection (Form 1114), except that a State's written notice of accepted responsibility for the admin- accompanied by a suspension statement intention to file an appeal shall cause istration of such assistance, nor does it or other materials reasonably necessary this period to run an additional period apply to the handling of any claims as to to give an accounting or explanation of of not to exceed 30 days from the date which there is an indication of fraud. the outstanding overadvance or debt, of such notice, if in the opinion of the § 1712.3 Definitions. , shall be prepared in the Office of Ad- Regional Director there is sufficient cause ministration,OEP,forwarded to the CEP for an extension. All collection activities Except as otherwise stated, the fol- Regional,Director involved,and immedi- shall be held in abeyance during any pe- lowing terms shall have the following ately transmitted to the appropriate Mod that appeals are being considered. meanings when used in this part: State official. This transmittal shall ` Consideration of appeals shall be han- (a) Claims. The stated right or rights clearly state that the funds in question died as expeditiously as possible. of the Federal Government to funds are due from the State and that any (2) If an appeal receives favorable either overadvanced or overpaid to a appeals (see paragraph (b) of his sec- consideration resulting in the complete State in connection with a Federal-State tion) to the determination of eligibility satisfaction of the bill and necessitating Disaster Assistance Agreement. for reimbursement must be filed with the an additional payment by OEP, the Fi- b) Voucher.Form SF 1034 submitted Regional Director within 30 days from nancial Management Branch shall pre- to OEP by the State on behalf of an the date of the Bill for Collection. • applicant for reimbursement of ex- (2) If within 30 days, the Regional thepare a suspension-lifting amount voucher for penscs incurred in connection with theamount additional stated the approved. Te- DieefWr amount not received payment of m in oue bill will be check performance of approved disaster work. the full stated in the Bill for ducted from the voucher and a check (c) Advance. Amount advanced to Collection, a written appeal or a written for the difference shall be processed. States for readvance to applicants to notice of intention to submit an appeal That check shall be accompanied by a provide working capital prior to submis- with respect to the eligibility determina- voucher which explains transaction. • sons of vouchers and limited to certaien,he shall notify the appropriate Stat certain li percentages of the approved application. (3) If an appeal receives favorable official,in writing,that the amount owing consideration resulting in partial satis- • • • faction of the amount stated in the bill, which provides for Installment over an for collection. If a plan for installment • the processes shall be the same as those extended period of time cannot be no-. payments is received at a point in OEP's described In subparagraph (21 of this cepted because of the administrative cost administrative collection activity and it that would be involved in such a plan. is determined that this 1s the State's final paragraph except that the State n shall offer,such claim will be offset or referred receive intended a hfer Collection (Form Furthermore, it should h be pthl led out 1114) instead of a cheek. Whenever this to State officials that Exhibit A3g.I to to GAO without further delay. If the occurs, the collection activities described the Federal-State Disaster Assistance claim is referred to the GAO for collec- lion, the GAO shall be advised of the in paragraph (a) of this section shall Agreement provides that over-advances commence again. shall be "promptly refunded." installment payment offer. (4) If an appeal is denied, the OEP § 1712.6 Referrals to GAO. The provisions of this part shall be Regional Director shall inform the ap- Claims not paid within 15 drays after effective upon publication of this part propriate State official of that denial the date of the letter submitted in f ter in the FEDERAL REGISTER. n- and demand immediate payment of the formity with the next to last sentence Dated: August 13,1969. bill, From this point, OEP's collection of 11712.5(a)(4) shall be considered ad- activity shall continue as set forth in ministratively uncollectible and GEP col- G. A. L>Dioector, paragraph oll (a)Collection) en stns, llf this section. lectlon activity shall terminate. Such Olrce o/ Emergency Preparedness. (e) riat in fin a n- claims shall, in conformity with 4 CFR appropriate State official shall be in- lF.ls. Doc. 09-9721: Filed, Aug. 15, 1960; formed that any plan for repayment Part 105,be immediately referred to GAO 8:49 s.m.l • FEDERAL REGISTER, VOL 34, NO. 157-SATURDAY, AUGUST 16, 1969 (13314) • • • OEP 700210 { { Hello