HomeMy WebLinkAboutResolutions - 2009.11.12 - 9895November 12, 2009
REPORT MR #09267
BY: Human Resources Committee, Sue Ann Douglas, Chairperson
RE: Sheriff's Office — 2009 — 2012 Expanded Jail Alliance with Support for
Inmates (JAWS) Byrne JAG Stimulus Grant Acceptance
TO: Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The Human Resources Committee having reviewed the above referenced resolution on
November 4, 2009 Reports with the recoinfriericiatioi I the resolution be adopted.
Chairperson, on behalf of the Human Resources Committee, I move the acceptance of
the foregoing Report.
HUMAN RESOURCES COMMITTEE
Human Resources Committee Vote:
Motion carried unanimously on a roll call vote with Scott absent
November 12, 2009
MISCELLANEOUS RESOLUTION 109267
BY: Public Services Committee, Jeff Potter, Chairperson
IN RE: SHERIFF'S OFFICE — 2009 - 2012 EXPANDED JAIL ALLIANCE WITH SUPPORT FOR
INMATES (JAWS) BYRNE JAG STIMULUS GRANT ACCEPTANCE
To the Oakland County Board of Commissioners
Chairperson. Ladies and Gentlemen:
WHEREAS the Sheriffs Office established the Jail Alliance With Support (JAWS) program in 2004
through a grant from the Michigan Department of Community Health Office of Drug Control Policy; and
WHEREAS the Michigan Department of Community Health has awarded the Oakland County Sheriff's
Department grant funding in the amount of $681,648 for the grant program year period of July 1 2009
through September 30, 2012 which resumes funding halted in FY 2009; and
WHEREAS the Community Health Authority (CMHA) has provided supplemental funding towards the
JAWS program since 2006: and
WHEREAS this grant award expands the existing post-booking jail diversion program (JAWS) to the
female jail population who are experiencing addiction problems, and will include treatment readiness
services, coordination with the Courts for a community re-integration plan diverting them from jail and 90
days of follow-up services: and
WHEREAS this grant awards provides for the creation of two (2) SR 1.000 hours per year part-time-non-
eligible (PINE) Inmate Substance Abuse Technician positions in the Sheriff's Office/Corrective Services
Division/Inmate Program Services Unit; and
WHEREAS this award provides for the continuation of one (1) GF/GP full-time- eligible (FTE) Inmate
Caseworker (Pos. #4030320-10729) and changes the funding from CMHA funding to Michigan
Department of Community Health grant funding; and
WHEREAS the funding arrangement between the Community Mental Health Authority (CMHA) and
Oakland County for one-time funding for Fiscal Year 2009 JAWS program has been terminated: ana
WHEREAS CMHA agrees to continue partial funding in the amount of $64,468 for one (1) GF/GP full-time
Inmate Caseworker (Pos.#4030320-06577) assigned to Inmate Program Services with funds being
deposited into the General Fund; and
WHEREAS the acceptance of this award does not obligate the County to any future commitment, and
WHEREAS the continuation of the program is contingent upon future levels of funding; and
WHEREAS the grant agreement has been processed through the County Executive Contract Review
Process and the Board of Commissioners' Grant Acceptance Procedures.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts the
2009 — 2012 Expanded Jail Alliance with Support for Inmates grant award (Byrne JAG Stimulus) in the
amount of $681,648 to continue the Jail Alliance with Support for Inmates with Co-occurring Disorders
program and that the Board Chairperson, on behalf of the County of Oakland, is authorized to execute
said agreements, as attached.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners accepts the Fiscal Year
2010 CMHA Letter of Agreement in the amount of $64,468 and that the Board Chairperson. on behalf of
the County of Oakland is authorized to execute said agreement as attached.
BE IT FURTHER RESOLVED that to support the JAWS program two (2) SR part-time-non-eligible
(PTNE) 1.000 hours per year inmate Substance Abuse Technician positions be created in the Sheriffs
Office/Corrective Services Division/Inmate Program Services Unit.
BE IT FURTHER RESOLVED that funding for one (1) GF/GP full-time- eligible (FTE) Inmate Caseworker
(Pos. #4030320-10729) be changed from GFiGP CMHA funding to SR grant funded status.
BE IT FURTHER RESOLVED to continue one (1) GF/GP full-time Inmate Caseworker (Pos. # 4030320-
0677) in the Corrective Services-Detention Facilities Division/Inmate Program Services which is partially
funded by CMHA through September 30, 2010.
BE IT FURTHER RESOLVED that the continuation of this program and position (s) are contingent upon
continued reimbursement funding.
Chairperson. on behalf of the Public Services Committee, I move adoption of the forgoing resolution..
PUBLIC SERVICES COMMITTEE
Public Services Committee Vote:
Motion carried unanimously with Potter and McGillivray absent
GRANT REVIEW SIGN OFF — Sheriffs Office
GRANT NAME: 2009 - 2012 Expanded Jail Alliance w/Support for inmates (JAWS)
FUNDING AGENCY: Michigan Department of Community Health - Byrne JAG Stimulus
DEPARTMENT CONTACT PERSON: Ann Russell 8-5419
STATUS: Grant Acceptance
DATE: October 19, 2009
Pursuant to Misc. Resolution #01320, please be advised the captioned grant materials have completed
internal grant review. Below are the returned comments.
The captioned grant materials and grant acceptance package (which should include the Board of
Commissioners Liaison Committee Resolution, the grant agreement/contract, Finance Committee Fiscal
Note, and this Sign Off email containing grant review comments) may be requested to be place on the
appropriate Board of Commissioners' committee(s) for grant acceptance by Board resolution.
DEPARTMENT REVIEW
Department of Management and Budget:
Approved. — Laurie Van Pelt (10/15/2009)
Department of Human Resources:
Approved, — Cathy Shallai (1011512009)
Risk Management and Safety:
Approved with the following modification:
• 1X. LIABILITY, Item A:
Al! liability to third parties, loss, or damage as a result of claims, demands, costs, or
judgments arising out of activities, such as direct service delivery, to be carried out
by the Contractor in the performance of this Agreement shall be the responsibility of
the Contractor, and not the responsibility of the Department, if the liability, loss, or
damage is caused by, or arises out of, the actions or failure to act on the part of the
Contractor, ony cubcontractor, or anyone directly or l-n-d-ireetty employed by the
. Contractor, provided that nothing herein shall be construed as a waiver of
governmental immunity that has been provided to the Contractor or its employees by
statute or court decisions.
- Andrea Plotkowski (10/19/2009)
Corporation Counsel:
After reviewing this grant contract, there appear to be no unresolved legal issues that require action at this
time. — Karen Agacinski (10/16/2009)
COMPLIANCE
The grant agreement references a number of specific federal and state regulationJ. Below is a list of the
specifically cited compliance related documents for this grant.
Michigan- Payroll and payments by electronic funds transfer; implementation - The Management and
Budget Act - "P.A. 533 of 2904"
http://ww w .legislatureani.gov/(uq3lxgeltinrj5z55z2uiwv45)/raileg, aspx7page--getObieet&obiectNanie -2003-SB-
0850
Contract #: 20093985
Grant Agreement Between
Michigan Department of Community Health
hereinafter referred to as the "Department"
and
County of Oakland
120C N. Telegraph Rd.
Pontiac, MI 48341
Federal 1.D.#: 38-6004876
hereinafter referred to as the "Contractor"
for
Oakland County Sheriff's Department
Expanded Jail Alliance w/Support For Inmates
Part I
1. Period of Agreement: This agreement shall commence on 7/1/2009 and continue
through 9/30/2012 . This agreement is in full force and effect for the period
specified.
2. Program Budget and Agreement Amount
A. Agreement Amount
The total amount of this agreement is $ 681,648 . The
Department under the terms of this agreement wil provide funding not to exceed
$ 681,648 The federal funding provided by the Department is
$ 681 1 648 or approximately 10 . co %; the Catalog of Federal
Domestic Assistance (CFDA) number is 16.803 and
theCFDATiteis PY 09 Recovery Act Edward Byrne Memorial Justic :the
federal agency name is U.S.Department of Justice ; the
federal grant award number is 2009-SU-B9-0017 and the
award phase is 2008 . The federal program title is
. The grant agreement is
designated as a subrecipient relationship.
The grant agreement is designated as:
Not a Research and Development project
B. Equipment Purchases and Title
Any contractor equipment purchases supported in whole or in part through this
agreement must be listed in an Equipment Inventory Schedule. Equipment
Recovery Act Byrne JAG 2009
DCH-0665 FY20095/08 M)1 Page 1 ot
means tangible, non-expendable, personal property having useful life of more
than one (1) year and an acquisition cost of $5,000 or more per unit. Title to
items having a unit acquisition cost of less than $5.000 shall vest with the
Contractor upon acquisition. The Department reserves the right to retain or
transfer the title to all items of equipment having a unit acquisition cost of $5.000
or more, to the extent that the Department's proportionate interest in such
equipment supports such retention or transfer of title.
C. Deviation Allowance
A deviation allowance modifying an established budget category by $10,000 or
15%, whichever is greater, is permissible without prior written approval of the
Department. Any modification or deviations in excess of this provision, including
any adjustment to the total amount of this agreement, must be made in writing
and executed by all parties to this agreement before the modifications can be
implemented. This deviation allowance does not authorize new categories,
subcontracts, equipment items or positions not shown in the attached Program
Budget Summary and supporting Program Budget Detail.
3. Purpose: The focus of the program is to: See Attachment 1.
4. Statement of Work: The Contractor agrees to undertake, perform and complete the
services described in Attachment 2, which is part of this agreement through reference.
5. Financial Requirements: The financial requirements shall be followed as described in
Part if of this agreement and Attachment 4 which are part of this agreement through
reference. The Financial Status Report (FSR) must be submitted on a monthly basis, no
later than thirty (30) days after the close of each calendar month. The monthly FSRs
must reflect only American Recovery and Reinvestment Act of 2009 Byrne JAG
dollars awarded in this contract The FSR form and instructions for completing the
FSR form are contained within the Michigan Automatic Grant Information Connection
(MAGIC) system. Failure to meet financial reporting responsibilities as identified in this
agreement may result in withholding future payment or the cancellation of your grant
award.
6. Performance/Progress Report Requirements: The progress reporting methods, as
applicable, shall be followed as described in Attachment 4 requirements, which is part of
this agreement through reference. Progress reporting will take place both no later than
five (5) days after the end of each quarter and no later than twenty (20) days after the
end of each quarter. The five (5) day report will identify jobs created and retained
through this ARRA award. The twenty (20) day report will include performance on
implementation, activity, goals and objectives as well as metrics specific to your program
area. Failure to meet performance/programmatic reporting responsibilities as identified
in this agreement may result in withholding future payment or the cancellation of your
grant award.
DCH-0665 rY2009 5/C6 (W)2 Pdge 2 Gf 18
Name (Please prim) Title
7. General Provisions: The Contractor agrees to comply with the General
Provisions outlined in Part II, and Attachment 7, which is part of this agreement
through reference.
8. Administration of the Agreement:
Tne person acting for the Department in administering this agreement
(hereinafter referred to as the Contract Manager) is:
Nancy Bennett,
Name, Location
Title Telephone No.
BeckerNZmichigan.gov
Email Address
9. Special Conditions:
A. This agreement is valid upon approval and execution by the Department.
B. This agreement is conditionally approved subject to and contingent upon
the availability of funds.
C. The Department will not assume any responsibility or liability for costs
incurred by the Contractor prior to the signing of this agreement.
D. The Contractor is required by PA 533 of 2004 to receive payments by
electronic funds transfer.
10. Special Certification:
The individual or officer electronically accepting this agreement certifies by his or
her acceptance that he or she is authorized to sign this agreement on behalf of
the responsible governing board, official or Contractor.
Signature Section:
For the CONTRACTOR
Bill Bullard. Jr. Board of Commissioners - Chairman
The Authorized Official's typed name, in lieu of signature, represents the
Contractor's legal acceptance of the terms of this Grant Agreement including
Certifications and Assurances agreed to prior to application submission.
DCH-0885 FY2D09 5/08 (W)3 Page 3 of 18
Part li
General Provisions
Responsibilities - Contractor
The Contractor in accordance with the general purposes and objectives of this
agreement will:
A. Publication Rights
1. Where activities supported by this agreement produce books, films, or
other such copyrightable materials issued by the Contractor, the
Contractor may copyright such but shall acknowledge that the
Department reserves a royalty-free, non-exclusive and irrevocable license
to reproduce, publish and use such materials and to authorize others to
reproduce and use such materials. This cannot include service recipient
information or personal identification data.
2. Any copyrighted materials or modifications bearing acknowledgment of
the Department's name must be approved by the Department prior to
reproduction and use of such materials.
3. The Contractor shall give recognition to the Department in any and all
publications papers and presentations arising from the program and
service contract herein by placing the following disclaimer on any and all
publications papers and presentations: "This project was supported by
Byrne JAG grant #2009-SU-B9-0017, awarded by the Bureau of Justice
Assistance, Office of Justice Programs, U.S. Department of Justice
(DOA and administered by the Michigan Department of Community
Health, Office of Drug Control Policy. Points of view or opinions
contained within this document do not necessarily represent the official
position or policies of the Dal." The Department will do likewise.
B. Fees
Make reasonable efforts to collect 1 st and 3`d party fees, where applicable, and
report these as outlined by the Department's fiscal procedures. Any under-
recoveries of otherwise available fees resulting from failure to bill for eligible
services will be excluded from reimbursable expenditures.
C. Program Operation
Provide the necessary administrative, professional, and technical staff for
operation of the program.
D. Reporting
Utilize all report forms and reporting formats required by the Department at the
effective date of this agreement, and provide the Department with timely review
and commentary on any new report forms and reporting formats proposec for
issuance thereafter.
DCH-01565 FY2009 5/08 PA/)4 Page 4 of 18
E. Record Maintenance/Retention
Maintain adequate program and fiscal records and files, including source
documentation to support program activities and all expenditures made under the
terms of this agreement, as required. Assure that all terms of the agreement will
be appropriately adhered to and that records and detailed documentation for the
project or program identified in this agreement will be maintained for a period of
not less than three (3) years from the date of termination, the date of submission
of the final expenditure report or until litigation and audit findings have been
resolved.
F. Authorized Access
Permit upon reasonable notification and at reasonable times, access by
authorized representatives of the Department, Federal Grantor Agency,
Comptroller General of the United States and State Auditor General, or any of
their duly authorized representatives, to records, files and documentation related
to this agreement, to the extent authorized by applicable state or federal law, rule
or regulation.
G. Audits
This section only applies to Contractors designated as subrecipients.
Contractors designated as vendors are exempt from the provisions of this
section.
1. Required Audit or Notification Letter
Contractors must submit to the Department a Single Audit, Financial
Statement Audit, or Audit Status Notification Letter (Attachment 6, herein)
as described below. If submitting a Single Audit or Financial Statement
Audit, Contractors must also submit a Corrective Action 'Dian for any audit
findings that impact Department-funded programs, and management
letter (if issued) with a response.
a. Single Audit
Contractors that expend $500,000 or more in federal awards
during the Contractor's fiscal year must submit to the Department
a Single Audit prepared consistent with the Single Audit Act
Amendments of 1996, and Office of Management and Budget
(OMB) Circular A-133, 'Audits of States, Local Governments, and
Non-Profit Organizations." as revised.
b. Financial Statement Audit
Contractors exempt from the Single Audit requirements that
receive $500,000 or more in total funding from the Department in
State and Federal grant funding must submit to the Department a
Financial Statement Audit prepared in accordance with generally
accepted auditing standards (GAAS). Contractors exempt from
the Single Audit requirements that receive less than $500,000 of
total Department grant funding must submit to the Department a
Financial Statement Audit prepared in accordance with GAAS if
the audit includes disclosures that may negatively impact
Department-funded programs including, but not limited to fraud,
going concern uncertainties, financial statement misstatements,
DCH-0665 FY2039 5/D8 (N)5 Page 5 of 1.d
and violations of contract and grant provisions.
c. Audit Status Notification Letter
Contractors exempt from both the Single Audit and Financial
Statement Audit requirements (a. and b. above) must submit an
Autht Status Notification Letter that certifies these exemptions.
The template Audit Status Notification Letter and further
instructions are available at http://www. mich iq an .00v/m dch by
selecting Inside Community Health — MDCH Audit.
2. Due Date and Where to Send
The required audit and any other required submissions (i.e., Corrective
Action Plan and management letter with a response), or audit Status
Notification Letter must be submitted to the Department within nine
months after the end of the Contractor's fiscal year to:
Michigan Department of Community Health
Office of Audit
Quality Assurance and Review Section
P.O. Box 30479*
Lansing, Michigan 48909-7979
*For Express Delivery:
Capital Commons Center
400 S. Pine Street
Lansing, Michigan 48933
Alternatives to paper filing may be viewed at
httpAuww.michigan.qov/mdch by selecting Inside Community Health —
MDCH Audit.
3. Penalty
a. Delinquent Single Audit or Financial Statement Audit
If the Contractor does not submit the required Single Audit
reporting package, management letter (if issued) with a response.
and Corrective Action Plan; or the Financial Statement Audit and
management letter (if issued) with a response within nine months
after the end of the Contractor's fiscal year and an extension has
not been approved by the cognizant or oversight agency for audit,
the Department may withhold from the current funding an amount
equal to five percent of the audit year's grant funding (not to
exceed $200,000) until the required tiling is received by the
Department. The Department may retain the amount withheld if
the Contractor is more than 120 days delinquent in meeting the
filing requirements and an extension has not been approved by
the cognizant or oversight agency for audit. The Department may
terminate the current grant if the Contractor is more than 180 days
delinquent in meeting the filing requirements and an extension has
not been approved by the cognizant or oversight agency for audit.
b. Delinquent Audit Status Notification Letter
Page 6 of 15 OCH 0865 FY2009 5/06 0.11/-16
Failure to submit the Audit Status Notification Letter, when
required, may result in withholding from the current funding an
amount equal to one percent of the audit year's grant funding until
the Audit Status Notification Letter is received.
4. Other Audits
The Department or federal agencies may also conduct or arrange for
"agreed upon procedures" or additional audits to meet their needs.
H. SubrecipientNendor Monitoring
The Contractor must ensure that each of its subrecipients comply with the
Single Audit Act requirements. The Contractor must issue management
decisions on audit findings of their subrecipients as required by OMB Circular A-
133.
The Contractor must also develop a subrecipient monitoring plan that addresses
"during the award monitoring" of subrecipients to provide reasonable aesurance
that the subrecipient administers Federal awards in compliance with laws,
regulations, and the provisions of contracts, and that performance goals are
achieved. The subrecipient monitoring plan should include a risk-based
assessment to determine the level of oversight, and monitoring activities such as
reviewing financial and performance reports, performing site visits, and
maintaining regular contact with subrecipients.
The Contractor must establish requirements to ensure compliance for for—profit
subreciplents as required by OMB Circular A-133, Section .210(e)
The Contractor must ensure that transactions with vendors comply with laws,
regulations, and provisions of contracts or grant agreements in compliance with
OMB Circular A-133, Section 210(f).
Notification of Modifications
Provide timely notification to the Department, in writing, of any action by its
governing board or any other funding source that would require or result in
significant modification in the provision of services, funding or compliance with
operational procedures.
J. Software Compliance
The Contractor must ensure software compliance and compatibility with the
Department's data systems for services provided under this agreement including,
but not limited to: stored data, databases, and interfaces for the production of
work products and reports. All required data under this agreement shall be
provided in an accurate and timely manner without interruption, failure or errors
due to the inaccuracy of the Contractor's business operations for processing
date/time data.
K. Human Subjects
The Contractor agrees that prior to the initiation of the research, the Contractor
will submit institutional Review Board (IRB) application material for all research
involving human subjects, which is conducted in programs sponsored by the
Department or in programs which receive funding from or through the State of
Michigan. to the Department's IRB for review and approval, or the IRB
application and approval materials for acceptance of the review of another RB.
DCH-005.5 FY2009 5106 (W,7 Page 7 of 18
All such research must be approved by a federaiiy assured IRS, but the
Cepartment's IRB can only accept the review and approval of another
institution's 1R13 under a formalfy-approved interdepartmental agreement. The
mariner of the review will be agreed upon between the Department's IRS
Chairperson and the Contractor's 1R13 Chairperson or Executive Officer(s).
11. Responsibilities - Department
The Department in accordance with the general purposes and objectives of this
agreement will provide reimbursement in accordance with the terms and conditions of
this agreement based upon appropriate reports, records, and documentation maintained
by the Contractor.
Assuran ces
— sec-C- Cer "141113"21g""larir"11114 T -he following assurances are hereby given to the Department:
A. Compliance with Applicable Laws
The Contractor will comply with applicable federal and state laws. guidelines.
rules and regulations in carrying out the terms of this agreement. The Contractor
will also comply with all applicable general administrative requirements such as
0lV1B Circulars covering cost principles, grant/agreement principles, and auaits in
carrying out the terms of this agreement.
B. Anti-Lobbyjna Act
The Contractor will comply with the Anti-Lobbying Act, 31 USC 1352 as revised
by the Lobbying Disclosure Act of 1995, 2 USC 1601 et seq. and Section 503 of
the Departments of Labor. Health and Human Services. and Education, and
Related Agencies section of the FY 1997 Omnibus Consolidated Appropriations
Act (Public Law 104-208). Further, the Contractor shall require that the language
of this assurance be included in the award documents of all subawards at all tiers
(including subcontracts, subgrants, and contracts under grants, loans and
cooperative agreements) and that all subrecipients shall certify and disclose
accordingly.
DCH-0665 FY2009 5/C8 (W)8 Page 8 o -.8
C. Non-Discrimination
1. In the performance of any contract or purchase order resulting herefrom,
the Contractor agrees not to discriminate against any employee or
applicant for employment or service delivery and access, with respect to
their hire, tenure, terms, conditions or privileges of employment, programs
and services provided or any matter directly or indirectly related to
employment, because of race, color, religion, national origin, ancestry,
age, sex, height, weight, marital status, physical or mental disability
unrelated to the individual's ability to perform the duties of the particular
job or position or to receive services, The Contractor further agrees that
every subcontract entered into for the performance of any contract or
purchase order resulting herefrom will contain a provision requiring non-
discrimination in employment, service delivery and access, as herein
specified binding upon each subcontractor. This covenant is required
pursuant to the Elliot-Larsen Civil Rights Act, 1976 PA 453, as amended.
MCL 37.2201 et seq., and the Persons with Disabilities Civil Rights Act,
1976 PA 220, as amended, MCL 37.1101 et seq., and any breach thereof
may be regarded as a material breach of the contract or purchase order.
2. Additionally, assurance is given to the Department that proactive efforts
will be made to identify and encourage the participation of minority owned
and women owned businesses, and businesses owned by persons with
disabilities in contract solicitations. The Contractor shall incorporate
language in all contracts awarded: (1) prohibiting discrimination against
minority owned and women owned businesses and businesses owned by
persons with disabilities in subcontracting; and (2) making discrimination
a material breach of contract.
D. Debarment and Suspension
Assurance is hereby given to the Department that the Contractor will comply with
Federal Regulation, 2 CFR part 180 and certifies to the best of its knowledge and
belief that it, its employees and its subcontractors:
1. Are not presently debarred, suspended, proposed for debarment,
declared ineligible, or voluntarily excluded from covered transactions by
any federal department or contractor;
2. Have not within a three-year period preceding this agreement been
convicted of or had a civil judgment rendered against them for
commission of fraud or a criminal offense in connection with obtaining,
attempting to obtain, or performing a public (federal, state, or local)
transaction or contract under a public transaction; violation of federal or
state antitrust statutes or commission of embezzlement, theft, forgery.
bribery, falsification or destruction of records, making false statements, or
receiving stolen property;
3, Are not presently indicted or otherwise criminally or civilly charged by a
government entity (federal, state or local) with commission of any of the
offenses enumerated in section 2, and;
4. Have not within a three-year period preceding this agreement had one or
more public transactions (federal, state or local) terminated for cause or
default.
0665 Fy2009 5/09 (R9 Pig E 9 o' )8
E. Federal 1,.teg uirement: Pro-Children 6,fa
1. Assurance is hereby given to the Department that the Contractor will
comply with Public Law 103-227, also known as the Pro-Children Act of
1994,20 USC 6081 et seq, which requires that smoking not be permitted
in any portion of any indoor facility owned or leased or contracted by and
used routinely or regularly for the provision of health, day care, early
childhood development services, education or library services to children
under the age of 18, if the services are funded by federal programs either
directly or through state or local governments, by federal grant, contract,
loan or loan guarantee. The law also applies to children's services that
are provided in indoor facilities that are constructed, operated, or
maintained with such federal funds. The law does not apply to children's
services provided in private residences; portions of facilities used for
inpatient drug or alcohol treatment; service providers whose sole source
of applicable federal funds is Medicare or Medicaid; or facilities where
Women, Infants, and Children (WIC) coupons are redeemed. Failure to
comply with the provisions of the law may result in the imposition of a civi
monetary penalty of up to $1,000 for each violation and/or the imposition
of an administrative compliance order on the responsible entity, The
Contractor also assures that this language will be included in any
subawards which contain provisions for children's services,
2. The Contractor also assures, in addition to compliance with Public Law
103-227, any service or activity funded in whole or in part through this
agreement will be delivered in a smoke-free facility or environment.
Smoking shall not be permitted anywhere in the facility, or those parts of
the facility under the control of the Contractor. If activities or services are
delivered in facilities or areas that are not under the control of the
Contractor (e.g., a mall, restaurant or private work site). the activities or
services shall be smoke-free.
F. Hatch Political Activitx Act and interoovernmental PprAnnnim A rt
The Contractor will comply with the Hatch Political Activity Act, 5 USC 1501-1508,
and the Intergovernmental Personnel Act of 1970, as amended by Title VI of the
Civil Service Reform Act, Public Law 95-454, 42 USC 4728, Federal funds cannot
be used for partisan political purposes of any kind by any person or organization
involved in the adm inistration of federally-assisted programs.
G. Subcontracts
Assure for any subcontracted service, activity or product:
1. That the Contractor will submit copies of all executed subcontracts within
sixty (50) days of the execution of this contract. Subcontracts should
cover all personnel contained in the "contractual" line item within the grant
budget. Each listed agency shall have its own subcontract signed by an
official of that jurisdiction. Failure to submit these documents to the
Department within sixty (60) days may result in withholding future
payment or other penalties, as determined by the Department.
2. That a written subcontract is executed by al i affected parties prior to the
initiation of any new subcontract activity. Exceptions to this policy may be
granted by the Department upon written request within 30 days of
DCH-0565 1Y2009 5/48 (W)ICI Page 13 of 18
execution of the agreement.
3. That any executed subcontract to this agreement shall require the
subcontractor to comply with all applicable terms and conditions of this
agreement. In the event of a conflict between this agreement and the
provisions of the subcontract, the provisions of this agreement shall
prevail.
A conflict between this agreement and a subcontract, however, shall not
be deemed to exist where the subcontract:
a. Contains additional non-conflicting provisions not set forth in this
agreement.
b. Restates provisions of this agreement to afford the Contractor the
same or substantially the same rights and privileges as the
Department: or
c. Requires the subcontractor to perform duties and/or services in
less time than that afforded the Contractor in this agreement.
4. That the subcontract does not affect the Contractor's accountability to the
Department for the subcontracted activity.
5. That any billing or request for reimbursement for subcontract costs is
supported by a valid subcontract and adequate source documentation on
costs and services.
H. Procurement
Assure that all purchase transactions, whether negotiated or advertised, shall be
conducted openly and competitively in accordance with the principles and
requirements of OMB Circular A-102 as revised, implemented through applicable
portions of the associated "Common Rule" as promulgated by responsible federal
contractor(s), or 2 CFR, Part 215 (OMB Circular A-110) as amended, as
applicable, and that records sufficient to document the significant history of all
purchases are maintained for a minimum of three years after the end of the
agreement period.
DCH-0665 FY20C9 5108 (W)11 Page 11 of 1a
Health Insurance Portability and Accountability Act
To the extent that this act is pertinent to the services that the Contractor provides
to the Department under this agreement, the Contractor assures that it is in
compliance with the Health Insurance Portability and Accountability Act (H1FAA)
requirements including the follow' ng:
1. The Contractor must not share any protected health data and information
provided by the Department that fails within H1PAA requirements except
to a subcontractor as appropriate under this agreement.
2. The Contractor must require the subcontractor not to share any protected
health data and information from the Department that falls under H1PAA
requirements in the terms and conditions of the subcontract.
3. The Contractor must only use the protected health data and information
for the purposes of this agreement.
4. The Contractor must have written policies and procedures addressing the
use of protected health data and information that falls under the HIPAA
requirements. The policies and procedures must meet all applicable
federal and state requirements including the HIPAA regulations. These
policies and procedures must include restricting access to the protected
health data and information by the Contractors employees.
5. The Contractor must have a policy and procedure to report to the
Department unauthorized use or disclosure of protected health data and
information that falls under the H1PAA requirements of which the
Contractor becomes aware.
6. Failure to comply with any of these contractual requirements may result in
the termination of this agreement in accordance with Part 11, Section V.
Agreement Termination.
7. In accordance with H1PAA requirements. the Contractor is liable for any
claim, loss or damage relating to unauthorized use or disclosure of
protected health data and information received by the Contractor from the
Department or any other source.
J, Non-Supplanting (see Certifications & Assurances for furthpr riptain
The Contractor will comply with Federal requirements concerning non-
supplanting. Funds must be used to supplement existing funds for program
activities and not to replace those funds, which have been appropriated for the
same purpose; potential supplanting will be the subject of application review, as
well as pre-award review, post-award monitoring and audit.
Supplanting means to deliberately reduce state or local funds because of
existence of federal funds (e.g., when state funds are appropriated for a stated
purpose and federal funds are awarded for that same purpose, the state replaces
its state funds with federal funds, thereby reducing the total amount available for
the stated purpose).
IV. Financial Requirements
A. Operating Advance
An operating advance may be requested by the Contractor to assist with program
DCH-0655 P(2009 5108 (W,12 Page 12 of 18
operations, The request should be addressed to the Contract Manager identified
in Part I, Item 8. The operating advance will be administered as fellows:
1. The advance amount requested must be reasonable in relationship to the
program's requirements, billing cycle, etc.. and in no case may the
advance exceed the amount required for 60 days operating expense.
Operating advances will be monitored and adjusted by the Department
according to total Department agreement amount.
2. The advance must be recorded as an account payable to the Department
in the Contractor's financial records. The operating advance payable
must remain in the Contractors financial records until fully recovered by
the Department.
3. The monthly Financial Status Report (FSR) reimbursement for actual
expenditures by the Department should be used by the Contractor to
replenish the operating advance used for program operations,
4. The advance must be returned to the Department within 30 days of the
end date of this agreement unless the Contractor has a recurring
agreement with the Department, and may not be held pending agreement
audit. Subsequent Department agreements may be withheld pending
recovery of the outstanding advance from a prior agreement. If the
Contractor has a recurring agreement with the Department, the
Department requires an annual confirmation of the outstanding operating
advance.
The Department may obtain the Michigan Department of Treasury's
assistance in collecting outstanding operating advances. The
Department will comply with the Michigan Department of Treasury's Due
Process procedures prior to forwarding claims to Treasury. Specific Due
Process procedures include the following:
a. Department offer of a hearing to dispute the debt, identifying the
time, place and date of such hearing.
b. A hearing by an impartial official.
c. An opportunity for the Contractor to examine department's
associated records.
d. An opportunity for the Contractor to present evidence in person or
in writing.
e. A hearing official with full authority to correct errors and make a
decision not to forward debt to Treasury.
F. Contractor representation by an attorney and presentation of
witnesses if necessary.
5. At the end of either the agreement period or Department's fiscal year,
whichever is first, the Contractor must respond to the Department's
request for confirmation of the operating advance. Failure to respond to
the confirmation request may result in the Department recovering al! or
part of an outstanding operating advance.
B. Reimbursement Method
DCH-06B5 F'2009 5/08 (W)13 Page 13 oi 18
The Contractor will be reimbursed in accordance with the staffing grant
reimbursement method as follows:
Reimbursement from the Department is based on the understanding that
Department funds will be paid up to the total Department allocation as agreed to
in the approved budget. Department funds are first source after the application
of fees and earmarked sources unless a specific local match condition exists.
C. Financial Status Report Submission
Financial Status Reports (FSRs) shall be prepared and submitted to:
Michigan Department of Community Health,
Bureau of Finance
Accounting Division, Expenditure Operations Section,
P.O. Box 30720, Lansing, Michigan 48909
FSRs must be submitted on a monthly basis, no later than thirty (30) days after
the close of each calendar month. The monthly FSRs must reflect only
American Recovery and Reinvestment Act of 2009 Rvrnp _144de"' dollars
awarded in this contract The FSR form and instructions for completing the
FSR form are contained within MAGIC. Failure to meet financial reporting
responsibilities as identified in this agreement may result in withholding future
payment.
D. Reimbursement Mechanism
All contractors must sign up through the on-line vendor registration process to
receive all State of Michigan payments as Electronic Funds Transfers
(EFT)/Direct Deposits, as mandated by PA 533 of 2004. Vendor registration
information is available through the Department of Management and Budget's
web site:
• htto://www.coexpress.state.mi.usi
E. Final Obligations and Financial Status Rnort Rtnnirnrnnf
Obligation Report
An Obligation Report, based on annual guidelines, must be submitted by
the due date using the format provided by the Department's Accounting
Division. The Contractor must provide an estimate of total expenditures
for the entire agreement period. The information on the report will be
used to record the Departments year-end accounts payables and
receivables for this agreement,
DCH-0665 FY2009 5108 (W)14 Page 14 cf 18
2. Final FSRs
Final FSRs are due sixty (60) days following the end of the fiscal year or
agreement period for local units of government. State government
agencies are required to submit the final FSR within thirty (30) days
following the end of the fiscal year or agreement period. The final
FSR must be clearly marked "Final". Final FSRs not received by the due
date may result in the loss of funding requested on the Preliminary Close
Out Report and may result in the potential reduction in the subsequent
year's agreement amount.
F. Unobligated Funds
Any unobligated balance of funds held by the Contractor at the end of the
agreement period will be returned to the Department or treated in accordance
with instructions provided by the Department.
V. Agreement Termination
The Department may cancel this agreement without further liability or penalty to the
Department for any of the following reasons:
A. This agreement may be terminated by either party by giving fifteen (15) days
written notice to the other party stating the reasons for termination and the
effective date.
B. This agreement may be terminated on fifteen (15) days prior written notice upon
the failure of either party to carry out the terms and conditions of this agreement,
provided the alleged defaulting party is given notice of the alleged breach and
fails to cure the default within the fifteen (15) day period.
C. This agreement may be terminated immediately if the Contractor or an official of
the Contractor or an owner is convicted of any activity referenced in Section 111.0.
of this agreement during the term of this agreement or any extension thereof.
VI. Final Reporting Upon Termination
Should this agreement be terminated by either party, within thirty (30) days after the
termination, the Contractor shall provide the Department with all financial, performance
and other reports required as a condition of this agreement. The Department will make
payments to the Contractor for allowable reimbursable costs not covered by previous
payments or other state or federal programs. The Contractor shall immediately refund to
the Department any funds not authorized for use and any payments or funds advanced
to the Contractor in excess of allowable reimbursable expenditures. Any dispute arising
as a result of this agreement shall be resolved in the State of Michigan.
VII. Severab Hay
If any provision of this agreement or any provision of any document attached to or
incorporated by reference is waived or held to be invalid, such waiver or invalidity shall
not affect other provisions of this agreement.
CCH 0565 FY2009 5108 (W)15 page 15 of In
VIII. Amendments
Any changes to this agreement will be valid only if made through MAGIC and accepted
by all parties to This agreement. Any change proposed by the Contractor which would
affect the Department funding of any project, in whole or in part in Part 1, Section 2.C. of
the agreement, must be submitted in writing to the Department for approval immediately
upon determining the need for such change.
IX. Liability
A. All liability to third parties. loss, or damage as a result of claims, demands, costs,
or judgments arising out of activities, such as direct service delivery, to be carried
out by the Contractor in the performance of this agreement shall be the
responsibility of the Contractor, and not the responsibility of the Department. if
the liability, loss, or damage is caused by, or arises out of, the actions or failure
to act on the part of the Contractor, any subcontractor, anyone directly or
indirectly employed by the Contractor, provided that nothing herein shall be
construed as a waiver of any governmental immunity that has been provided to
the Contractor or its employees by statute or court decisions.
B. All liability to third parties, loss, or damage as a result of claims, demands, costs,
or judgments arising out of activities, such as the provision of policy and
procedural direction, to be carried out by the Department in the performance of
this agreement shall be the responsibqfty of the Department. and not the
responsibility of the Contractor, if the liability, loss, or damage is caused by, or
arises out of, the action or failure to act on the part of any Department employee
or agent, provided that nothing herein shall be construed as a waiver of any
governmental immunity by the State, its agencies (the Department) or employees
as provided by statute or court decisions.
C. In the event that liability to third parties, loss, or damage arises as a result of
activities conducted jointly by the Contractor and the Department in fulfillment of
their responsibilities under this agreement, such liability, loss, or damage shall be
borne by the Contractor and the Department in relation to each party's
responsibilities under these joint activities, provided that nothing herein shall be
construed as a waiver of any governmental immunity by the Contractor, the
State, its agencies (the Department) or their employees, respectively, as
provided by statute or court decisions.
X. Conflict of Interest
The Contractor arid the Department are subject to the provisions of 1968 PA 317, as
amended, MCL 15.321 et seq, MSA 4.1700(51) et seq, and 1973 PA 196. as amended,
MCL 15.341 et seq, M SA 4.1700 (71) et seq.
Xl. State of Michigan Agreement
This is a State of Michigan Agreement and is governed by the laws of Michigan. Any
dispute arising as a result of this agreement shall be resolved in the State of Michigan.
XII. Confidentiality
Both the Department and the Contractor shall assure that medical services to and
information contained in medical records of persons served under this agreement, or
other such recorded information required to be held confidential by federal or state law,
rule Or regulation. in connection with the provision of services or other activity under this
DCH-0065 FY2009 5108 56616 Page 16 of 18
agreement shall be privileged communication, shall be held confidential, and shall not be
divulged without the written consent of either the patient or a person responsible for the
patient, except as may be otherwise required by applicable law or regulation. Such
information may be disclosed ir summary, statistical, or other form, which does not
directly or indirectly identify particular individuals.
DOH-0855 PY2009 5/08 (W)17 Paga 17 of 18
ATTACHMENT 1
PURPOSE
50013-1-09-B
The project will a2low expansion an exiting post-bookin4 jail divefsion program (JAWS
to the female jail population whc are experienoing addiction problems. Lszcgrammina will
include treatms.nt readinesc: services, coordination with courts for a community
reintegrat:ion plan diverting them from jail aid 90 day follow-up services.
ATTACHMENT 2
STATEMENT OF WORK
50012-1-09-6
Since march 2C5 the goals of J.A.W.S. have been to provide a safer environment for the
staff and the participants, increase treatment readiness, decrease length of
incarceration, improve service linkages elite the community, and reduce criminal
recidivism among participants who suffer from co-occurring substance abuse and rental
health disorders. :t ideeeifice inmates that are motivated for change and positive
growth. It provides treatment readiness services, designed specifically to meet the needs
of inmates weth co-occurring disorders, and facilitates development of a coordinated
reintegration plan, acceptable to the Court, to encourage and permit an accelerated
return to the community.
program access has focused solely on male inmates confined to the Oakland County Jail.
They are evaluated for eligibility based on the following criteria:
- Instant offense is a non-assaultive misdemeanor or felony (eligibility for felons
follows guidelines set forth by the Oakland County Community Corrections Advisory Boar6
- Inmates experiencing a Co-occurring (substance abuse and mental health) disorder.
- Inmates who have attained psychiatric and physical (medical and detoxification)
stability, (Note: Inmates who are actively psychotic or are a severe suicide risk are
not immediately eligible unei: stabilized)
- Inmates who express a willingness to participate in programming (eligible inmates sjan
a voluntary program consene form, and necessary release of informateen forms).
Upon the inmate's admission to JAWS, they are oriented to the treatment readiness
programming and their responsibilities as program participants. The caseworker provides
the case maracemerzt services and serves as the liaison between the jail, the court and
J.A.W.S. Treatment Readiness staff. The psychiatrist reviews the jail's medical records
and medication needs to develop a medication administraeicn schedule. A plan is developed
to identify goals' and objectives for each inmate that addresses care issues during the
J.A.W.S. custody stay, and post-release.
An inmate's ability to continue participation in .:'AWS is contingent on three criteria:
-Compliance with the rules and regulations of the being area.
-Compliance with the medication reoimen established by the psychiatrist.
-Active partielpation within the program's Treatment Readiness curriculum, and
post-release p:anning.
All prearam particpants are housed in double occupancy rooms in a pod type environment.
Previ.ously the program was able to provide services cc a maximum of 30 inmates. Giver
staff reductions for this fiscal year this has been reduced to 15 inmates. The focus of
programming within JAWS is to motivate and prepare participants for treatment and other
supportive services in the community through involvement in a four week Treatment
Readiness curriculum. Therapeutic techniques such as Motivational entervieweng and
Cognitive-Behavioral Therapy are utilized to increase the inmates' motivation for
ATTACHMENT 2
STATEMENT OF WORK
treatment, identify the inmate's readiness to change, educate the inmate ca substance
a.tuse and rental health treatment issues, and the recovery process, to prepare the
inmates for re-integration into the community.
Inmates are required to participate in educational groups that will focus on such topics
as understanding addiction and mental illness, managing medications, anger management,
employment issues, housin 17 issues, and utilization of community supports. Inmates also
are expected to participate in therapeutic gr.uups that address treatment readiness,
motivation for change, family relationships, relapse issues, criminal behaviors, and life
cycle changes. Twelve step support groups such as AA, NA are incorporated into the
programming. The inmate receive ongoing psychiatric case, medication reviews and
individual counseling to address treatment progress, family issues, case management and
discharge planning.
With the recent reduction in staffing the focus has shifted to still addressing these
issues but more within the use of a Moral Reconation Therapy (MRT) framework. Twelve
step support groups such as AA, NA eohtinue to be incorporated into the programming, as
well as the participants continuing to receive ongoing psychiatric medication reviews and
individual counseling to address treatment progress, case management and discharge
planning.
As the inmate nears completion of the curriculum a comprehensive Post-Release plan for
mental health and substance abuse treatment, and other continung care supports and
services in the community, is developed with input from the inmate. This plan includes
the following: an appointment date with a substance abuse/mental health treatment
facility within the first two weeks of release, an introductory contact meeting between a
representative from the treatment agency and the inmate, a schedule for possible drug
testing at the treatment facility, and stable housing. Temporary post release
transition/three quarter housing is available for a short stay for those inmates needing
immediate shelter. A two-week post release prescription for psychotropic medication is
provided to inmates leaving the program to ensure they have the needed medication as they
transItion into community treatment. Once community linkages for treatment and housing
are in place, the caseworker presents the transition release plan to the judges) for an
expedited release decision (jaii diversion).
Based on eligibility criteria, the inmate is Linked to community service providers as
follows:
- .1'f the inmate is a resident of Oakland County and meets the criteria for serious and
persistent mental health i1lne (SPMI), he will be referred to a provider contracted
with the Oakland County Community Mental Health Authority. In addition, he may be
referred to one of the programs for co-occurring disorders jointly operated by
OSAS/OCCMHA.
- If the inmate is a resident of Cakland County and does not meet the criteria for
he will be referred to either a co-occurring disorder program, or a substance abuse
treatment program contracted with CSAS, or another mental health provider.
- If the inmate resi des outside Oakland County. his substance abuse and mental health
treatment will be coordinated t-.,-.rough the substance abuse agencies and community mental
ATTACHMENT 2
STATEMENT OF WORK
health boards whose jurisdiction covers the inmate's county of residence.
Our proposal within Chis application is for an expanded :AWS Program that would seek to
identify and provide all eligible inmates (including females with any type of mental
disorder, with a uniquely designed array of integrated services. By eliminating the focus
away from participants that have been identified as having a Co-Occurring' disorder an
increased number of male inmates will also be eligible for participation. Male and
female participants would be housed in separate, program specific housing areas, and
receive distinct services. The emphasis would be on preparing for and placing the
individ:ni in anrropriate community based services tc meet their identified needs. The
proposed expanded jAWS ProgrEm would continue to focus on selected re-integration topics
as well as utilizing the KRT curriculum currently being utilized.
Within this proposal is the recognition that the female population poses special
challenges to such an endeavor. Female inmate programming needs will be developed to
address the following issues in an effort to minimize distractions from the stabilization
and treatment readiness
- Many female inmates are victims of physical arid/or sexual abuse.
- Many female inmates have various medical problems as a result of lack of adequate
medical care during pregnancy or otherwise.
- Most female inmates have minor children
In addition, a program expansion will involve increased collaboration with both the
Circuit and District Court Judges to involve them in the community reintegration of this
population. Recently the Circuit Court of Oakland County was awarded a grant for the
development of a Mental Health Court. Within this award are specific plans for the
creation of a Mental Health Court Liaison whose function is to identify suitable
participants for this court. Discussions have already begun to coordinate activities
with the existing JAWS Program. It is felt that this relationship will result in a
higher level of inmates being diverted from Confinement into suitable treatment with
community providers, and JAWS can serve to prepare these inmates for a greater chance of
succeeding in the Mental Health Court process
Lastly. in addition to the program expansion described within this document, the
Sheriff's Cffice also proposes to develop an "Implementation manual" for use by other
Sheriff's Offices, Community Mental Health Organizations and Community partners. It is
felt that these agencies could benefit from our experiences if they chose to replicate a
post-book jail diversion program within their local jail. This document would describe
the collaborative process the Oakland County Sheriff's Office underwent in creating its
program, and would highlight the factors that were essential in accomplishing interagency
cooperation. It would talk about participant selection, maximizing utilization of jail
programmatic space, data collection and retention, and how to maintain relationships with
community agency partner. Lastly, it would also describe the process of tail divereion
that nes been established in Oakland County and make available form templates currently
utilized.
STAFF ROLES AND RESPONST.S1LiTIES FOR THE EXPANDED JAWS PROGRAM
ATTACHMENT 2
STATEMENT OF WORK
Two 2) Part-:re Meneal Health Clinicians: A Masters-level prepared therapist who is
cross trained in mental health and substance ahue and has experience workeng with the
criminal justice populaeion. These therapists would be employees of teeatmene providers
that have a service contract with the Oakland County Community Mental Health Authority.
They would be responsible for conducting MRT training groups, and treatment readiness
topics, as well as providing individual counseline.
One Full-time Jail Inmate Caseworker: Bachelors prepared caseworker with experience
within the criminal justice system and with the Nee/SA populations. They would be
employed by the Oakland County Sheriff's Office and specifically assigned to the JAWS
program. They have the primary responsibility for some Treatment Readiness topic groups,
case management services, liaison with the courts, the jail, and the community treatment
programs. They also are responsible for assisting in the development of the reintegraeien
plan and maintaining the inmete's program records.
One Full-eime Substance Abuse Technician and One part-time Substance Abuse Technician: An
Associate degree trained staff hired by the Oakland County Sheriff's Office and assigned
to the JAWS program. This ataff is responsible for screening for program eligibility,
program placement, and for most release fellow up and data collection for the graduates
of the JAWS proe-ram. Scaeistics from previous JAWS participants reveals that ein of
graduates who stay eeteve within their aftercare treatment for 3 months, continued to
participate for one year in their plan. Given this the plan is to have program graduates
monitored for compliance within follow-up for a period of 50 days.
One Part-Time Psychiatrist ;10 hr/ wk): A psychiatrist with a medical degree whose
function would be to provide psychiatric evaluation/ review services, and prescribe
psychiatric medication to all JAWS participants.
One Part-Time CIericel (10 hr/ wk): To provide clerical support for the psychiatrist in
the processing of prescriptions through the Jail Clinic, and the scheduling of medication
review appointments.
PROGRAM PARTICIPATION, POST-RELEASE MONITORING, AN OUTCOME DATA
The initial JAWS program developed the use of a networked MS ACCESS elecercnic database
to collect information on program participants regarding: Inmate contact information,
program enrollment information, current criminal charges, substance abuse hestory, and
mental health medicaeion and DSM IV diagnosis, and in-jail program participation. The
database also retained information on graduate's participation in the aftercare plan for
a period of 1."' months. This information tracked level of involvement in various
treaeeene services, and sebsegeene substance abuse, arrests and incarcerations. The
program also has access to other databases: the Jail Management System, jail data
warehouse and lew enforcement information network (LEIN: that facilitates the collection
of eecidivism data on all program participants. Data collected showed the recedivesm
rates of program participants who eecidivate within one (1) year after completion of the
program.
The propceed expansion would continue to utilize this database, as well as the other
listed compueor systems. Follew-up would be limited to 3 months following the
participants release from jail as the focus on follow-1;p will be the linkage with
ATTACHMENT 2
STATEMENT OF WORK
com,munity service providers upon their release from jail. As mentioned above, specific
staff is responsible for client records and data management, client follow through and
evaluation. Follow- lilp and tracking would be conducted upon release rcr. JAWS through a
series of contacts at one week, one and three months. Participants will sign a release
that allows contact wi.th significant others, friends and treatment agencies.
ATTACHMENT 3
PROGRAM BUDGET SUMMARY
BYRNE MEMORIAL FORMULA AND LOCAL LAW ENFORCEMENT BLOCK GRANT
FY 2008 - 2009
---, 17017471:I Uc I TEWStl
Expanded CJall Alliance w/Support For 5/10/2009 _
iramx Name 13 udget Pero
Coy of Oakland 7/1/2009 - 5/30/2012
Mailing Address Budget Agreement, _ Amendmen: Number:
1:200 N. 7e1egraph Rd. x I °Tip& 11 Amendment
City: State: ----1' Z:p Cude. Payee Federa: ID Number:
Ponr.-iac MI 4E34' 38-160 .12 6 1
EXPENDITURE CATEGORY STATE FUNDS LOCAL MATCH TOTAL BUDGET
. Salaries and Wages $334,847, $0 $334,847
2. Fringe- Benefits $111,473 $ 0 $111,473
. Travel $3,000 $0 $5,000
,
4. Supplies and Materials $10,630 $0 $10,630
. Contractual (Subcontracts) $219,696 0 $219 , 6, 98
. ,Equipment
1 . Other Expenses
TOTAL DIRECT EXPENDITURES $581,648 $681,648
9 Indirect Costs: 0% $0 $0,
10 TOTAL EXPENDITURES $661.648 $ - $581,648
Intnwn
SOURCE OF FUNDS STATE FUNDS LOCAL MATCH TOTAL BUDGET
U. State Agreement $ 6 61, 64 8 $ 681, 64 8
12. Fees and Collections $0 $0
I-
13. Local $0
14. .Federal $0 $o
15. Other (s) $ 0 $ 0
—
,
16. TOTAL FUNDING
I
$E81., 5481 $0 $68:1 648
NEMMEMMINIMM,
Authority: P.A 368 of 1978
lConii1Itint Is Vo)untriry, hilt is reduired as a condition o1 fuitdin.
Die Department of Community flect1:11 is an equal opportuniFy emp:oyer,
servi 144 4
DCH-038.5(E) (Rev. 6-021 (Es:ce!) Previous Edition Obsolete. Also Replaces FIN-I
l ExPande Expanded Jail nLance
1CODE
5.0013-1-09-B
BUDGET PER:OD
7/1/2009 to 9/30;2012
DATE PREPARED
9/LC/2305
1PROGRAM
AT TACHMENT 3 MICHIGAN DEPARTMENT OF COMMUNITY HEALTH
PROGRAM BUDGET COST DETAIL Page 1 of 1
1 w/Support Fur Inmates ORIGINAL BUDGET AMENDED BUDGET 1 AMENDMENT NUMBER
I
1. SALARY AND WAGES POSITIONS I TOTAL MMENT REQUIRED SALARY CO S
I In7,at:e caseworker for a 3-year perdo
i $197,297 proviing case nun. services _ '
Two Fan_ - ttane,rIon-Q1t.gLI:,,le su:)..3tatiol 2 $137, 55 c 1.,000 hours per year for :-..wc. Prfl:E's for 3 years
Abuse Techr..t.clanS 2, , 00 tta-1:. at32,92 5 per' veal'.
1
TOTA.L SALARIES AND WAGES
3 ;$334,847
2. FRINGE BENEFITS (specify)
i1 FICA X LIFE INS. _yi DENTAL INS X COMPOS'TE RATE
bd UNEMPLUY INS_ VISION INS. I.il MRK COMP AMOUNT 0.57%
a/ , - .
X RETIREMENT E HEARING INS.
171HC5PITAL INS. 1--- OTHER '
TOTAL FRINGE BENEFITS $ $111,473
' 3. TRAVEL (specify if any item exceeds 10% of Total Enenditures)
Mileage to sever presentattons at tratnings, contereaces $5,33D $0
$ $5,000.
4. SUPPLIES AND MATERIALS (sPedfy if any item exceeds 10% of Total Expenditures)
Bus tickets for JAWS participants upon release tntc the community. /V2,
Moral Reconation Therapy Workbooks for 400 participants a $25 each. 9.060 U $ 61 0 , 6 3 0
5. CONTRACTUAL (SUBCONTRACTS)
NAME ADDRESS AMOUNT
Oakland County Conmunity Men:: 2D:1 Executive Hills Blvd. Auburn Hills, M .219,698 $0
$ $-.219,698
6. EQUIPMENT (spepify) ,
$C
7. OTHER EXPENSES (specify ',f d n y item exceeds 10% of Total Expenditures)
$!--
8. TOTAL DIRECT EXPENDITURES (sum of Totals 1-7)
$681,048
9. INDIRECT COST CALCULATIONS
Rate 0-°4 50 '4
10. TOTAL EXPENDITURES (sum of lir.e.s 6-9)
S $E:E1,6,1S
AUTHOR;TY: P A. 358 of 1978 COMPLETION IN A CONDITION OF FUNDING DCH-0386FY2002(E) (WI 4-if401
ATTACHMENT 4
PERFORMANCE / PROGRESS REPORT REQUIREMENTS
A. The Contractor shall submit the following reports on the following dates:
Program reports must be downloaded from the ODCP Law Enforcement Section web site:
www.mic -nigan,gov/odcplawenforcement, click Byrne JAG Funding, click Forms and select
yo;.-..r program area report.
You are required to submit (2) Program Reports for Byrne JAG St:mulus grants on a
quarterly bass.
1, Personnel Report; A Personnel Reporc must be completed and attached to your View
Reports Screen in MAGIC. Personnel Reports are due (5) days at the end of each
quarter.
• October 5, 2009
• January 5, 201
Financial Status Reports (FSR) must be submitted on a monthly basis, no later than
thirty (30) days after the close of each calendar month. Attachment S contains the FSR
form. The FSR form and instructions for completing the FSR form are available through
your MAGIC system.
Submission of timely, complete and accurate financial reports is absolutely mandatory.
Delayed or missing reports will cause stop payments for reimbursement and may result in
grant closure. Please plan ahead to avoid any non-submission issues or problems.
B. Any such other information as specified in the Statement of Work, Attachment A
shall be developed and submitted by the Contractor as required by the Contract
Manager.
C. Reports and information shall be submitted to the Contract Manager at:
D. The Contract Manager shall evaluate the reports submitted as described in
Attachment C, Items A. and B. for their cumpittenuss and adequacy,
E. The Contractor shall permit the Department or its designee to visit and to make
an evaluation of the project as determined by Contract Manager.
Date Title
Telephone Number
Authorized Signature
Contact Person Name
AT:TACI-ItYIEN2 5 FINANCIAL STATUS REPORT
MICHIGAN DEPARTMENT OF COMMUNITY HEALTH ...
13P0 Number Contract Number ' Pace Of
___...
Local Age-icy Name Program Code
Sheet Address eporl Petiod Date Prepared
Thru 0 Final _
City, State, ZIP Code Agreement Period FE ID Number
Thru -,---.
Expenditure5 Agreement Category Current Period Agreement YTD Budget Balance
1. Salaries & Wages
2. Fringe Benefits
3. Travel
_ 4. Supplies & Materials I
' 5. Contractual {Sub-Ccrtracts) — _
6 Equipment ,
,
7. Other Expenses , [
i . ,.._
i 8. TOTAL DIRECT
I 9a.Indirect Costs; Rate#1% _
9b.Indirect Costs: Rate#2%
..
Am_
10. TOTAL EXPENDITURES
SOURCE OF FUNDS: r
_11. State Agreement
12 Local
_13. Federal
14. Other
15. Fees & Collections -
16. TOTAL FUNDING 1
CERTIFICATION: I certify that I am authorized to sign on behalf of the local agency and that this is an accurate statement of expenditures and collections for
the report period. Appropriate documentation is available and will be maintained for the required period to support costs and receipts reported.
Advance INDEX PCA A OBJ. CODE ' AMOUNT
Advance OutEandThg I. .
Advance Issued or Applied 1
Balance
Message
Authority: P.A. 358 of 1978 The Department of Community Hea:th FS an equal oppartunty.
Completion: is a Condition of Reimbursement j employer. services. arkd proorams nroviripr
DCH-0384(E) (Rey. 4104) (W; Previous Edition Obso:ete
ATTACHMENT 6
AUDIT STATUS NOTIFICATION LETTER
(Required for subrecipient Contactors elaiiiing exemption from audit submission requirernerts)
Please fill in the following information, sign after the statement below and mail this form to.
Michigan Department of Community Health, Office of Audit, Quality Assurance and Review
Section. P.O. Box 30479, Lansing, MI 48909-7979 or fax it to: (617) 338-5443. Form is due to
the Department within nine months after the end of the Contractor's fiscal year. Please do
not submit this form with your signed agreement.
Agency Name:
Address:
Federal ID Number:
For Agency's Fiscal Year Ended (month/date/year):
Agency Contact Person (Name. Tit)e, Phone #).
The purpose of this letter is to comply with Michigan Department of Community Health
(MDCH) grant contract audit requirements. I certify that the agency listed above expended
less than $500,000 in federal awards from all funding sources, and expended less than
$500,000 total MDCH funding. I also certify that our agency's financial statement audit did not
include any disclosures related to current or prior years that could negatively impact MDCH-
funded programs. Therefore, we are not required to submit either a Single Audit or Financia!
Statement Audit to MDCH.
Signature
Print Name/Title
Date
STANDARD ASSURANCES
The Applicant hereby assures and certifies compliance with all applicable Federal
statutes, regulations, policies, guidelines, and requirements, including OMB Circulars
A-21, A-87, A-102, A-110, A-122, A-133; Ex. Order 12372 (intergovernmental
review of federal programs); and, 28 C.F,R. pts. 66 or 70 (administrative
requirements for grants and cooperative agreements). The applicant also specifically
assures and certifies that:
1. It has the legal authority to apply for federal assistance and the institutional,
managerial, and financial capability (inciuding funds sufficient to pay any required
non-federal share of project cost) to ensure proper planning, management, and
completion of the project described in this application,
2. It will establish safeguards to prohibit employees from using thee - positions for a
purpose that constitutes- oi t.) resents the-appearance of personal or organizational
conflict of interest, or personal gain,
3. It will give the awarding agency or the General Accounting Office, through any
authorized representative, access to and the right to examine all paper or electronic
records related to the financial assistance,
4. It will comply with all lawful requirements imposed by the awarding agency,
specifically including any applicable regulations, such as 28 C.F.R. pts. 18, 22, 23,
30, 35, 38, 42, 61, and 63.
5. It will assist the awarding agency (if necessary) in assuring compliance with
section 106 of the National Historic Preservation Act of 1966 (16 U.S.C. § 470), Ex.
Order 11593 (identification and protection of historic properties), the Archeological
and Historical Preservation Act of 1974 (16 U.S.C. § 469 a-1 et seq.), and the
National Environmental Policy Act of 1969 (42 U.S.C. § 4321).
6. It will comply (are will require any subgrantees or contractors to comply) with any
applicable statutorily-imposed nondiscrimination requirements, which may include
the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C, § 3789d); the
Victims of Crime Act (42 U.S.C. § 10604(e)); the Juvenile Justice and Delinquency
Prevention Act of 2002 (42 U.S.C. § 5672(b)); the Civil Rights Act of 1964 (42 U.S.C.
§ 2000d); the Rehabilitation Act of 1973 (29 U.S.C. § 7 94); the Americans with
Disabilities Act of 1990 (42 U.S.C. § 12131-34); the Education Amendments of 1972
(20 U.S.C, §§1681, 1683, 1685-86); and, the Age Discrimination Act of 1975 (42
U.S.C. §§ 6101-07); see Ex. Order 13279 (equal protection of the laws for faith-
based and community organizations).
7. If a govern mental entity:
a. It will comply with the requirements of the Uniform Relocation Assistance and Real
Property Acquisitions Act or 1970 (42 U.S.C. § 4601 et seg.), which govern the
treatment of persons displaced as a result of federal and federally-assisted
programs; and,
b. It will comply with requirements of 5 1S.C. §§ 1501-08 and §§ 7324-28, which
limit certain political activities of State or local government employees whose
principal employment is in connection with an activity financed in whole or in pare by
federal assstance.
CERTIFICATIONS REGARDING LOBBYING; DEBARMENT,
SUSPENSION AND OTHER RESPONSIBILITY MATTERS;
AND DRUG-FREE WORKPLACE REQUIREMENTS
Applicants should refer to the regulations cited below to determine the certification to
which they are required to attest. Apprcants should also review the instructions for
certification included in the regulations before completing this form. Signature of this
form provides for compliance witn certification requirements under 28 CFR Part 69,
"New Restrictions on Lobbying" and 28 CFR Part 67, "Government-wide Debarment
and Suspension (Non-procerement) and Government-wide Requirements for Drug-
Free Workplace (Grants)." The certifications shall be treated as a material
representation of fact upon which reliance will be placed when the Department of
Justice determines to award the covered transaction, grant, or cooperative
agreement.
LOBBYING
1. As required by Section 1352, Title 31 of the U.S, Code, and Implemented at 28
CFR Part 69, for persons entering into a grant or cooperative agreement over
5100,000, as defined at 28 CFR Part 69, the applicant certifies that:
a. No Federal appropriated funds have been paid or will be paid, by or on behalf of
the undersigned, to any person for influencing or attempting to influence an officer
or employee of any agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in connection with the making of
any Federal grant, the ente -ing into of any cooperative agreement, and the
extension, continuation, renewal, amendment, or modification of any Federal grant
or cooperative agreement;
b. If any funds other than Federal appropriated funds have been paid or will be paid
to any person for influencing or attempting to influence an officer or employee of any
agency, a Member of Congress, an officer or employee of Congress, or an employee
cf a Member of Congress in connection with this Federal giantedrcadrierative
agreement, the undersigned shall complete and submit Standard Form - LLL,
"Disclosure of Lobbying Activities," in accordance with its instructions;
c. The undersigned shall require that the language of this certification be included in
the award documents for all subawards at all tiers (including subgrants, contracts
under grants and cooperative agreements, and subcontracts) and that all sub-
recipients shall certify and disclose accordingly.
DEBARMENT, SUSPENSION, AND OTHER
RESPONSIBILITY MATTERS (DIRECT RECIPIENT)
As required by Executive Order 12549, Debarment and Suspension, and
implemented at 28 CFR Part 67, for prospective participants in primary covered
transactions, as defined at 28 CFR Part 67, Section 67.510
1. The applicant certifies that it and its principals:
a. Are not presently debarred, suspended, prupoeed for Jebel meet., declared
ineligible, sentenced to a denial of Federal benefits by a State or Federal court, or
voluntarily excluded from covered transactions by any Federal department or
agency;
b. Have not within a three-year period preceding this application been convicted of or
had a civil judgment rendered against them for commission of fraud or a criminal
offense in connection with obtaining, elempting to obtain, or performing a public
(Federal, State, or local) transaction or contract under a public transaction; violation
of Federal or State antitrust statutes or commission of embezzlement, theft, forgery,
bribery, falsification or destruction of records, making false statements, or receiving
stolen property;
c. Are not presently ind;cted for or otherwise criminally or civilly charged by a
governmental entity (Federal, State, or local) with commission of any of the offenses
enumerated in paragraph (1)(b) of this certification;
d. Have not within a three-year period preceding this application had one or more
public transactions (Federal, State, or local) terminated for cause or default; and,
e. Where the applicant is unable to certify to any of the statements in this
certification, he or she shall attach an explanation to this application.
DRUG-FREE WORKPLACE (GRANTEES OTHER THAN
INDIVIDUALS)
As required by the Drug-Free Workplace Act of 1988, and implemented at 28 CFR
Part 67, Subpart F, for grantees, as defined at 28 CFR Part 67 Sections 67.615 and
67.620
A. The applicant certifies that It will or will continue to provide a drug-free workplace
by:
1. Publishing a statement notifying employees that the unlawful manufacture,
distribution, dispensing, possession, or use of a controlled substance is prohibited in
the grantee's workplace and specifying the actions that will be taken against
employees for violation of such prohibition;
2. Establishing an on-going drug-free awareness program to inform employees about
a. The dangers of drug abuse in the workplace;
b. The grantee's policy of maintaining a drug-free workplace;
c. Any available drug counseling, rehabilitation, and employee assistance programs;
and,
d. The penalties that may be imposed upon employees for drug abuse violations
occurring in the workplace.
3. Making it a requirement that each employee to be engaged in the performance of
the grant ne given a copy of the statement required by paragraph (a).
4. Notifying the employee in the statement required by paragraph (a) that, as a
condition of employment under the grant, the employee will:
a. Abide by the terms of the statement; and,
b. Notify the employer in writing of his or her conviction for a violation of a criminal
drug statute occurring in the workplace no later than five calendar days after such
conviction.
5. Notifying the agency, in writing, within 10 calendar days after receiving notice
ender subparagraph (d)(2) from an employee or otherwise receiving actual notice of
such conviction. Employers of convicted employees must provide notice, including
position title, to: Department of Justice, Office of Justice Programs, ATTN: Control
Desk, 633 Ind;ana Avenue, NW., Washingte -i, D.C. 20531. Notice shah include the
identification number(s) of each affected grant.
6. Taking one of the following actions, within 30 calendar days of receiving notice
under subparagraph (d)2), with respect to any employee who is so convicted:
a. Taking appropriate personnel action against such an employee, up to and
including termination, consistent with the requirements of the Rehabilitation Act of
1973, as amended; or,
b. Requiring such emnloyee to participate satisfactorily in a drug abuse assistance or
rehabilitation program approved for such purposes by a Federac State, or local
health, law enforcement, or other appropriate agency.
7. Making a good faith effort to continue to maintain a drug-free workplace through
implementation of paragraphs (a), (b), (c), (d), (e), and (0.
8. As the duly authorized representative of the applicant, I hereby certify that the
applicant will comply with the above certifications.
UNALLOWABLE EXPENSES AND ACTIVITIES:
• Construction costs and/or renovation.
• Costs in applying for this grant (e.g. consultants, grant writers, et:.-..).
• Any expenses incurred prior to the date of the contract.
• Indirect costs rates or indirect administrative expenses (only direct costs
permitted).
• Lobbying or advocacy for particular legisiative or administrative reform.
• Legal fees.
• First class travel.
• One-time events, prizes, entertainment (i.e., tours, excursions, amusement parks,
sporting events).
• Management or administrative training, conferences (only pre-approved project
related training).
• Management studies or research and development (costs related to evaluation is
permitted),
• Honorariums,
• Fines and penalties.
• Fund raising and any salaries or expenses associated with it.
• Purchase of iand.
• Losses from uncollectible bad debts.
• Memberships and agency dues, unless a specific requirement of the project (prior
approval required).
• Contributions and donations.
▪ Compensation to federal or state employees for travel or consulting fees.
• Military type equipment such as armored vehicles, explosive devices, and other
items typically associated with the military arsenal.
• Informant fees, rewards or buy money.
• • Vehicles, vessels or aircraft.
CONDITIONS ON EXPENSES
Costs must be reasonable and necessary. If required by the parent agency, costs
must be sustained by cornpetitrve bids. All contracts and subcontracts require prior
approval by the Office of Drug Control Policy. If detailed information is not included
as-part-of-the appl:cation process, the grantee must submit a request seeking
approval once the subcontractors are identified.
Individual consultant fees are limited •aa $450 (excluding travel, lodging and meal
costs) per day, which includes legal, medical, psychological and accountant
consultants. If the rate will exceed $450 for an eight-hour day, written approval is
required from the Office of Drug Control Policy. Compensation for individual
consultant services is to be responsible and consistent with that paid for similar
serv:ces in the market place.
Food and beverage costs require prior written approval. The written proposal must
include a working agenda of planned activity. Breakfasts and dinners will generally
not be paid.
PROGRAM INCOME
The Department of Justice regulations allow grantees to keep funds (program
income) derived from grant activities, 50 long as these funds are used for the same
purposes as the grant project. In the absence of such regulations, these funds would
be required to be returned to the Department of Justice.
Asset forfeiture and lab fees are the tilasi. pi eiellielit program income derived from
grant activity. Department of Justice regulations require that program income be
held in the custody of a governmental entity, with reporting on those funds to the
state agency administering the Byrne Justice Assistance Grants.
Program Income Reports are to be filed quarterly, and are ailed ied lu Llie supplied
Quarterly Progress Reports.
ADDENDUM FOR DRUG TREATMENT COURTS (ONLY)*
The Agency agrees to undertake, perform, and complete the additional services as
described below. It is understood-arid-agreed that all other conditions of the original
agreeirieni ICFlldiH the same.
1. The Contractor is required to subii11L eopies of the subcontractors' Quarterly
Program Reports that detail the progress of each drug court program funded.
Subcontractors must submit such reports to the Agency by the following dates:
January 20, 2009
April 20, 2009
July 20, 2009
October 20, 2009
2. The Contractor shall refer to the Violent Offender definition outlined in the
Micnigan Public Act No. 224 and ensure that such offenders will be excluded from
drug court programs,
3. The Contractor must comply with the Key Components of drug courts as specified
by the U.S. Department of Justice, Drug Courts Program Office and the National
Association of Drug Court Pr cl-iona is and is outlined by the following:
• Key Component #1:
Drug Courts integrate alcohol and other drug treatment services with justice system case
processing.
• Key Component #2:
Using a non-aoversarial approach, prosecution and defense counsel promote public safety
while protecting participants' due process rights.
• Key Component #3:
Eligible participants are identified early and promptly placed in the drug court program,
• Key Component #4:
Drug Courts provide access to a continuum of alcohol, drug, and other related treatment and
rehabilitation services.
• Key Component #5:
Abstinence is monitored by frequent alcohol and other drug testing.
• Key Component #6:
A coordinated strategy governs drug court responses to participants' compliance.
• Key Component #7:
Ongoing judicial interaction with each drug court participant is essential.
• Key Component#8:
Monitoring and evaluation measure the achievement of p1 Uyl rn yudtb di Id gauge
effectiveness.
• Key Component #9:
Continuing interdisciplinary education promotes effective drug court planning, implementation,
and operations.
• Key Component #113:
Forging partnerships among drug courts, public agencies, and community-based organizations
generates local support ppoi. ri mi.iarieertirug court effectiveness.
In collaboration with the local Substance Abuse Coordinating Agency and consistent
with the Memorandum of Understanding or agreement, contractors receiving
substance abuse treatment dollars through the Byrne Justice Assistance Grant must
use liceriei..1 ciritJ dt_s,i edited substance abuse treatment providers,
4. The Contractor agrees that funds awarded under this grant will not be used to
support any inherently religious activities, such as worship, religious Instruction, or
proselytization. If tile Contractor refers participants to, or provides, a non-Federally
funded program or service that incorporates such religious activities, (1) any such
activities must be voluntary for program participants, and (2) program participants
may not be excluded from participation in a program or otherwise penalized or
disadvantaged for any failure to accept a referral or services. If participation in a
non-Federally funded program or service that incorporates inherently re!igious
activities is deemed a critic& treatment or support service for program participants,
the grantee agrees to identify and refer participants who object to the inherently
religious activities of such program or service to, or provide, a comparable secular
alternative program or service.
5, The Contractor must ensure that drug court participants are employed, seeking
employment, or engaged in activities to enable them to be employed.
6. The Contractor must ensure that a plea by participants is required; no deferred
prosecution,
7. The Contractor must ensure that treatme -it and rehabilitative services provided
are based upon a comprehensive assessment of participant needs. Participation in
cognitive behavioral and restructu7Ing, 12-step, and other faltn-based programs is
encouraged.
8. The Contractor must ensure that participants make some payment toward drug
court costs. Payments may be on a sliding fee suaie, ability to pay basis,
* Byrne )AG funded Drug Treatment Courts through MDCH Office of Drug
Control Policy
Attachment #7
GUIDANCE TO STATE AGENCIES
REGARDING THE USE OF FUNDS RECEIVED UNDER
THE AMERICAN RECOVERY AND REINVESTMENT ACT
(ARRA)
Table of Contents
BACKGROUND 4
PURPOSE 4
INTRODUCTION 5
SECTION 1-CONTRACT AND GRANT TERMS AND REQUIREMENTS 6
1.1 - Buy Michigan Preference 6
1.2- Buy American Requirement 6
1.3 - Whistieblower Protections 7
1.4 - Wage Requirements 7
1.5 - Publicizing Contract Actions 7
1.6 - Report1ng Requirements 7
1.7 - Inspection of Records 8
1.8 - Availability of Funding 8
1.9 - Non-Discrimination 8
1.10 - Prohibition on Use of Funds 8
1.11 - Publications 8
1,12- False Claims Act 8
1.13- Conflicting Requirement 9
1.14- Sub-Recipient Requirements
1.15- Competitive Fixed Price Contracts 9
'1.16 - Segregation of Funds 9
1.17 - Job Opportunity Posting Requirements 9
SECTION 2-COMPLIANCE AND CONTRACT MANAGEMENT 16
2.1 - General Planning and Process 10
2.2 - Determination of Responsibility 10
2.3 - Delegated Authority 11
2.4 - Contract Surveillance/Administration 11
2.5 - Emergency Purchases 12
2.6 - Reporting 12
2.7- Segregation of Costs
2.8 - Government Accountability Office/Inspector General Access 13
2.9 - Ethics 14
2.10 - Michigan Economic Recovery Office Notification 14
2_11 - Notice Requirements under PA 7 of 2009 14
Guidance to State Agencies Regarcling Funds Received April 15 2009
Under the American Recovery and Reinvestment At (ARRA)
21
21
21
21
22
22
22
22
2.12 - Fraud Prevention 14
2.13- Grant and Cooperative Agreernerts 15
2.14 - Risk Considerations 18
2.15- Buy American Requirement Applicable to State Agencies 18
2.16 - Whistle Blower Protection 20
2.17 - Internet Sites 20
SECTION 3 -ACCOUNTING AND FINANCIAL REPORTING GUIDANCE
3.1 - General R*Stars Coding Requirements
3.2 - Profile Creation And Submission
3.3 - 039 Profile Structure
3.4 - 053 Profile Structure
3.5 - Budgetary Transaction Procedures
3.6 - Agency Receiving ARRA Revenue from another Agency
3.7 - Federal Reporting
SECTION 4 -APPENDICES 23
4.1 -AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009 (TITLE XV & XVI) 23
TITLE XV--ACCOUNTABILITY AND TRANSPARENCY 23
Sec. 1501. Definitions 23
SUBTITLE A--TRANSPARENCY AND OVERSIGHT REQUIREMENTS 23
Sec. 1511. Certifications 23
Sec. 1512. Reports On Use Of Funds 23
Sec. 1513. Reports Of The Council Of Economic Advisers 24
Sec. 1514. Inspector General Reviews 25
Sec. 1515. Access Of Offices Of Inspector General To Certain Records And Employees 25
SUBMLE B--RECOVERY ACCOUNTABILITY AND TRANSPARENCY BOARD 25
Sec. 1521. Establishment Of The Recovery Accountability And Transparency Board 26
Sec, 1522. Composition Of Board 26
Sec. 1523. Functions Of The Board : 26
Sec. 1524. Powers Of The Board 28
Sec. 1525. Employment, Personnel, And Related Authorities 28
Sec. 1526. Board Website 29
Guicance to State Agencies Regarding Funds Received April 16. 21)1)9
Uncles the American Recovery and Reinvestment Act (ARRA)
Sec. 1527, Independence Of Inspectors General, 31
Sec. 1528. Coordination With The Comptroller General And State Auditors 31
Sec. 1529. Authorization Of Appropriations 31
Sec. 1530. Termination Of The Board 31
SUBTITLE C--RECOVERY INDEPENDENT ADVISORY PANEL.
Sec. 1541. Establishment Of Recovery Independent Advisory Panel 31
Sec. 1542, Duties Of The Panel 32
Sec. 1543. Powers Of The Panel. 32
Sec. 1544. Panel Personnel Matters 32
Sec. 1545. Termination Of The Panel. 33
Sec. 1546. Authorization Of Appropriations 33
SUBTITLE D—ADDITIONAL ACCOUNTABILITY AND TRANSPARENCY REQURENIENTS 33
Sec. '1551. Authority To Establish Separate Funding Accounts 33
Sec, 1552. Set-Aside For State And Local Government Reporting And Recordkeeping 33
Sec, 1553 Protecting State And Local Government And Contractor VVhistleblowers 34
Sec. 1554. Special Contracting Provisions 39
TITLE XVI—GENERAL PROVISIONS—THIS ACT 39
Guidance to State Agencies Regarding Funds Received Are 1E, 2009 3
Under the American Recovery and Reinvestment Act (ARRA)
BACKGROUND
On Tuesday, February 17, 2009, President Obam a signed into law the American Recovery
and Reinvestment Act of 2009, Pub. L. 111-5 (ARRA). This Act provided $787 billion of
federally financed eeonom ic stimulus funding through a corn bination of spending programs
and reductions in business and individual taxes,
The ARRA funds are provided for purposes which include preserving and creating jobs and
promoting economic recovery; assisting those most impacted by the recession; investing in
transportation, environmental protection, and cther infrastructure to provide long-term
economic benefits; and stabilizing state and [coal government budgets.
The State of Michigan will receive hundreds of millions of dollars of ARRA funds. Governor
Granholm has identified five key priorities for spending Michigan's share of the economic
recovery dollars. We will:
• Create new jobs and j umpstart Michigan's economy;
• Train Michigan workers and educate Michigan students for the good jobs here today,
and the new jobs we create tomorrow;
• Rebuild Michigan infrastructure-roads, bridges, water and sewer systems, mass transit,
broadband, health information technology, and schools;
• Provide assistance for struggling Michigan families, helping them make ends meet; and
• Invest in energy efficiency and renewable energy technologies to create jobs, save
money, and reduce our reliance on fossil fuels.
Michigan has been selected as one of sixteen states to be part of a core group of states that
will be monitored over the next three years to provide an analysis of the use of funds under
the ARRA.
PURPOSE
The purpose of this correspondence is to give some preliminary guidance to State Agencies
regarding the use of ARRA funds, including contractual and grant requirements and
accounting and financial reporting requirements. State agencies will continue to adhere to
the existing state procurement guidelines including the Public Acts, Executive Directives,
Administrative Guides, and the Financial Management Guide. These requirements and
considerations also apply to those contract types which are currently handled by the agency
through statutory authority or Administrative Guide delegation (i .e, grants, direct human
services, medical services, construction, MOOT, ONR leases, etc.).
I n addition, the ARRA nas some specific contractual, grant, and reporting requirements that
are outlined in Title Xv Accountability and Transparency Si Title XVI General Provisions' of
the Act. This document will be updated as necessary. Guidance provided herein is not
intended to be exhaustive and the agency wi l have responsibility to research these two titles
for complete detail.
Guidance to State Agencies Regarding Funds Received Ain^i116 2000 4
Under the American Recovery and Reinvestment Act (ARRA)
INTRODUCTION
All contracts and grants involving the use of funds made available under the American
Recovery and Reinvestment Act (ARRA) must include provisions described in the ARRA, in
addition to the standard terms and conditions typically used by state agencies for contracts,
grants, and other types of agreements involving the use of federal funds.
Our task wig be to administer contracts that include the reporting tools, monitoring
procedures, and accountability requirements that will help prevent fraud, waste, and abuse
of these funds.
Agencies should put in place the internal controls that will support the requirements of
ensuring that the ARRA funds are spent properly, efficiently, and effectively, and are
meeting the intended goal. This will require that these contracts are overseen by an
adequate number of trained purchasing and grant personnel. In light of the Administration's
commitment to high levels of accountability and transparency, special attention should be
given to maintaining strong internal controls over ARRA program funds. The high risk
associated with the award and expenditure of ARRA program funds merits increased
oversight by the agency.
Much of the guidance provided herein comes from the Federal Office of Management and
Budget guidance and requirements to Federal Agencies (M-09-15, April 3, 2009) and the
Federal Registry Vol. 74 Rules and Regulations (March 31, 2002, pages 14622-14651) . We
expect that Federal guidance and requirements to federal agencies will trickle down to first
tier recipients of the AR RA funds. We encourage State Agencies to become familiar with the
details of these requirements.
Guidance to State Agencies Regarding Funds Reteived ,Nor1116 2009 5 Under the American Recovery and Reinvestment Act (ARRA)
SECTION 1 - CONTRACT AND GRANT TERMS AND REQUIREMENTS
All contracts, both new and existing, involving the use of ARRA funds must include
provisions like those set forth in this Section. As used in this Section, "Recipient"
refers to the recipient of ARRA funds from the State of Michigan (ie. the contractor or
grantee).
1.1 - Buy Michigan Preference
A preference is given to products manufactured or services offered by Michigan-
based firms if all other things are equal and if not inconsistent with federal statute
(see IViCL 18.1261).
1.2 - Buy American Requirement
The Buy American provision in Section 1605 of Division A. Title XVI of the ARRA
requires that all "iron, steel and manufactured goods used in the construction,
alteration, maintenance or repair of a "public building or public work funded in whole
or in part by funds made available under the ARRA be "produced in the United
States,u unless this requirement is waived by the appropriate federal agency.
Iron and steel are "produced in the United States" if all of the manufacturing
processes, except metallurgic processes involving refinement of steel additives, take
place in the United States. Iron or steel used as components or subearnponents
manufactured goods used in an ARRA-funded project, however, do not have to be
"produced in the United States." Manufactured goods are "produced in the United
States" if the manufacturing occurs in the United States (there is no requirement
about the origin of the components or Subcomponents of the manufactured goods).
The Buy American requirement may be waived by federal agencies in the following
circumstances only: (1) application of the Buy American requirement would be
inconsistent with the public interest; (2) iron, steel and the relevant manufactured
goods are not produced in the United States in sufficient and reasonably available
quantities and of a satisfactory quality: (3) or inclusion of iron, steel or manufactured
goods produced in the United States will increase the cost of the overall project by
more than 25 percent.
As used in this Section, "steel" means any alloy that includes at least 50 percent
iron, between .02 and 2 percent carbon, and may include other elemerts.
"Manufactured good" means a good brought to the construction site for incorporation
into the building or work that has been --(1) processed into a specific form and
shape: or (2) combined with other raw material that has different properties than the
properties of individual raw materials. "Public building or public work" means a public
building of, and a public work of, the United States: the District of Columbia:
commonwealths, territories, and minor outlying islands of the United States; State
and local governments: and multi-State regional or interstate entities which have
governmental functions).
Guidance to State Agencies Regarding Funds Received
Under the American Recovery and Reinvestment Act (ARRA)
April 16 2009
1.3 - Whistieblower Protections
Section 1553 of Title XV of Division A of the ARRA prohibits all non-federal
recipients of ARRA funds, including the State of Michigan, and all contractors and
grantees of the State of Michigan, from discharging, demoting or otherwise
discriminating against an employee for disclosures by the employee that the
employee reasonably believes are evidence of (1) gross mismanagement of a
contract or grant relating to ARRA funds; (2) a gross waste of ARRA funds: (3) a
substantial and specific danger to public health or safety related to the
implementation or use of ARRA funds; (4) an abuse of authority related to
implementation or use of ARRA funds; or (5) a violation of law, rule, or regulation
related to an agency contract (including the competition for or negotiation of a
contract) or grant, awarded or issued relating to ARRA funds. The Recipient must
post notice of the rights and remedies available to employees under Section 1553 of
Title XV of Division A of-the ARRA.
This term must be included in all subcontracts or sub-grants involving the use of
funds made available under the ARRA.
1.4 - Wage Requirements
All laborers and mechanics employed by contractors and subcontractors on projects
funded in whole or in part with funds available under the ARRA shall be paid wages
at rates not less than those prevailing on projects of a character similar in the
locality, as determined by the United States Secretary of Labor in accordance with
subchapter IV of chapter 31 of title 40 of the United States Code. (See ARRA Sec.
1606 & RFP Section 2.204 Prevailing Wage). The Secretary of Labor's
determination regarding the prevailing wages applicable in Michigan is available at
1-tto://www.qoo.00vidavisbaconimi htmi.
1.5 - Publicizing Contract Actions
All contract solicitations funded in whole or in part with ARRA funds will be posted on
the www.bid4michician.com website. All contracts resulting from the ARRA will be
published on the State of Michigan's Recovery Web site,
www. michioan.00v/recoverv.
1.6 - Reporting Requirements
Not later than ten calendar days after the end of each calendar quarter, the State
must submit a report that, at a minimum, contains the information specified in
Section 1512 of Division A, Title XV of the ARRA. It is imperative all contracts
involving the use of ARRA funds include requirements that the Vendor supply the
State with the necessary information to submit these reports to [lie federal
government (see RFP Section 1.042 Reports) in a timely manner. More detail will
follow regarding the timing and submission of reports.
The Recipient's failure to provide complete, accurate, and timely reports shall
constitute an "Event of Default". Upon the occurrence of an Event of Default, the
Guidance to State Agencies Regarding Funds Received April 1E. 2009
Under the American Recovery and Reinvestment At (ARRA)
state department or agency may terminate this contract upon 30 days prior written
notice if the default remains uncured within five calendar days following the last day
of the calendar quarter, in addition to any other remedy available to the state
department or agency in law or equity.
1.7 - Inspection of Records
The Recipient shall permit the United States Comptroller General or his
representative or the appropriate inspector general appointed under section 3 or 8G
of the Inspector General Act of 1998 or his representative (1) to examine any
records that directly pertain to, and involve transactions relating to, this contract and
(2) to interview any officer or employee of the Recipient or any of its
subcontractorsisubgrantees regarding the activities funded with funds appropriated
or otherwise made available by the ARRA.
1.8 - Availability of Funding
The Recipient acknowledges that the programs supported with temporary federal
funds made available by the American Recovery and Reinvestment Act of 2009,
Pub, L. 111-5. will not be continued with state financed appropriations once the
temporary federal funds are expended.
1.9 - Non-Discrimination
The Recipient shall comply with Title Vi of the Civil Rights Act of 1964, Section 504
of the Rehabilitation Act of 1973, Title IX of the Education Amendments of 1972, the
Age Discrimination Act of 1975, and other civil rights laws applicable to recipients of
Federal financial assistance (see RFP Section 2.201 Non-Discrimination).
1.10 - Prohibition on Use of Funds
None of the funds made available under this contract may be used for any casino or
other gambling establishment, aquarium, zoo, golf course, swimming pools, or
similar projects.
1.11 - Publications
Recipient shall include the Michigan Recovery logo on all signage or other
publications in connection with the activities funded by the state of Michigan through
funds made available by the American Recovery and Reinvestment Act of 2009,
Pub. L. 111-5.
1.12 - False Claims Act
The Recipient shall promptly refer to an appropriate federal inspector general any
credible evidence that a principal, employee, agent, contractor, sub-grantee,
subcontractor or other person has committed a false claim under the False Claims
Act or has committed a criminal or civil violation of laws pertaining to fraud, conflict
of interest, bribery, gratuity, or similar misconduct involving those funds.
Guidance to State Agencies Regarding Funds Received April 16. 2009 6 Under the
American Recovery and Reinvestment Act (ARRA)
Guidancn to State Agencies Regarding 1,Inds Received April 16 2D09
Under the American Recovery and Reinvestment Act (ARRA)
1.13 - Conflicting Requirement
If the ARRA requirements conflict with State of Michigan requirements, then ARRA
requirements control.
1.14 -Sub-Recipient Requirements
Recipient shall include these terms, including this requirement, in any of its
subcontracts or subgrants in connection with projects funded in whole or in part with
funds available under the American Recovery and Reinvestment Act of 2009. Pub.
L111-5.
1.15 -Competitive Fixed Price Contracts
Recipient, to the maximum extent possible, shall award any subcontracts funded, in
whole or in part, with Recovery Act funds as fixed-price contracts through the use of
competitive procedures.
1.16 - Segregation of Funds
Recipient shall segregate obligations and expenditures of Recovery Act funds from
other funding. No part of funds made available under the American Recovery and
Reinvestment Act of 2009, Pub. L. 111-5, may be comingled with any other funds or
used for a purpose other than that of making payments for costs allowable under the
ARRA.
1.17 -Job Opportunity Posting Requirements
Recipient shall post notice of job opportunities created in connection with activities
funded in whole or in part with ARRA funds in the Michigan Talent Bank,
www michworks.oro/mtb.
Guidance to State Agencies Regarding Funds Received April 10 2009 9
Uncle r the American Recovery and Reinvestment Act (ARRAI
SECTION 2 -COMPLIANCE AND CONTRACT MANAGEMENT:
This Section provides guidance to state agencies on Compliance and Contract
Management in connection with funds made available under the ARRA. As used in
this Section, "Recipient" refers to the recipient of ARFRA funds from the State of
Michigan (i.e., the contractor or grantee).
21 - General Planning and Process
In addition to any applicable state or federal procurement requirements, state
agencies and Recipients, to the maximum extent possible, shall award any contracts
funded, in whole or in part, with ARRA funds with the following provisions:
1• Fixed-price contracts whenever possible. Fixed price contracts can
accommodate market fluctuations when appropriate, when tied to economic
index price adjustments.
2. Competitive bidding with fair and open competition. Agencies are expected to
follow the same laws, principles, policy, and procedures in awarding ARRA
contracts as they do in awarding with other funds. (See PA 431-18.1261 (3),
Administrative Guide 0510.02 & 0510.32, and Executive Directive 2005-3.)
3. A summary of any contract or order (or modification to an existing contract or
order), including a description of the required products and services, using
such funds may be posted in a special section of the Web site Recovery.gov
or Michigangovirecovery unless the contract or order is both fixed-price and
competitively awarded (see item 1 & 2 above).
4. State agencies and sub-recipients of ARRA funds shall use ARRA funds in a
manner that maximizes job creation and economic growth.
5. Statement of Work development should ensure that performance measures
are meaningful, measurable, time bound, results-oriented, and consistent with
agency plans and the goals of the ARFRA.
6. Contract terms should address the failure to complete the project, meet
milestones or deliver the deliverables.
7. Planning should involve mitigating schedule, cost, and performance risk (see
Risk Assessment Report & Worksheet in the DMB Purchasing Operations
intranet ARRA toolkit).
8. If applicable, terms should include special Buy American requirements (see
Division A, Title XVi, Section 1605 of the ARRA),
9. Requirements shouid assure that all sub-recipients of ARRA funds can report
essential information as may be required under the ARRA.
2.2 - Determination of Responsibility
The award of a contract based solely on lowest evaluated price can produce a false
economy, thus increasing performance, cost, and schedule risk. The general
standards for responsibility include that the prospective contractor have:
1. Adequate financial resources to perform the contract or the ability to obtain
them;
Guidance to State Agenciee Regarding Funds Received
Under the American Recovery and Reinvestment Act (ARRA)
Apr: 16. 2009
2. The ability to comply with the required or proposed delivery or performance
schedule, taking into consideration all existing commercial and governmental
business commitments;
3. A satisfactory record of past performance, integrity, and business ethics:
4. The necessary organization, experience, accounting and operational controls,
and technical skills, or the ability to obtain them; and
5. The necessary production, construction, and technical equipment and
facilities, or the ability to obtain them.
2.3 - Delegated Authority
There will be no "Delegated Authority" (to SOM agencies) for ARRA-related
contracts. Regardless of value, all purchase requests must be submitted to the DMB
Purchasing Operations. There will be restrictions on the use of direct vouchers, and
other controls will be in place to ensure that all ARRA-related payments can be
"identified" to ARRA contracts. Requests for direct vouchers must be preapproved
by DMB Purchasing Operations. There will be monitoring of SOM agencies ADPICS
transactions for potential ARRA-related payments on contracts not previously
approved by MB Purchasing Operations/State Administrative Board. More details
on the process and procedures will be forthcoming.
This restriction does not apply to those contract types which are currently handled by
the agency through statutory authority or Administrative Guide delegation (i.e.
grants, direct human services. medicai services, construction, MOOT, DNR leases,
etc.).
2.4 - Contract Surveillance/Administration
Contract surveillance and administration will be a critical component to the
successful tracking of ARRA expenditures and monitoring of deliverables. The DMB
buyer will continue to fill the role of Contract Administrator for DMB contracts. The
Agency appointed Contract Compliance Inspectors (CCI) should be carefully chosen
for their knowledge of the program, proximity to the deliverables and experience with
the project. The CCI will play an important role in the day-to-day surveillance and
supervision of the contract including:
1. Approving payments,
2. Documenting timely vendor performance issues,
3. Monitoring contract compliance, cost, schedules and deliverables,
4. Completing a vendor rating and contract closeout,
5. Documenting timely inspecticras-arrof-acuerptance of deliverables,
6. Identify and help remedy deficiencies identified related to contract
performance.
The agency should ensure that these persons have clear guidance as to their roles
and responsibilities and that there is adequate tiiiiiiu befeie =Oiy, Lliese roles.
You will find the following tools on the DMB intranet, in the ARRA toclkit, to assist
with contract administration and contract monitoring:
Guidance to State Agencies Regarding Funds Received
Under the American Recover/ and Reinvestment Act (ARRA)
ArolI le 2009 1;
1. Risk Assessment Report & Worksheet
2. KoK-Off Meeting Record
3. Contract Compliance Report
4. Vendor Scorecard
5. Contract Closeout Report
2.5 - Emergency Purchases
Agencies are cautioned that the ARRA does not independently trigger use of
emergency procurement authorities in Administrative Guide 0510.38. These
authorities are triggered in limited, statutorily identified, circumstances. Unless one
of these circumstances exists, the special emergency authorities shall not be used.
2.6 - Reporting
Procurement officers will need to be able to report data and statistics on the
following:
1. All competitively bid contracts
2. Non-competitive contract awards
3. Contract types & type of projects
4. The recipients of contracts
5. Amount of awards
Section 1512 of the ARRA requires reporting on the following:
1. The total amount of ARRA funds received by the
Redpient/Contractor/Grantee during the Reporting Period;
2. The amount of ARRA funds that were expended or obligated during the
Reporting Period;
3. A detailed list of all projects or activities for which ARRA funds were
expending or obligated, including:
a) the name of the project or activity;
b) a description of the project or activity;
c) an evaluation of the completion status of the project or activity; and
d) an estimate of the number of jobs created and the number of jobs retained
by the project or activity
4. For any subcontracts or subgrants equal to or greater than $25,000.
a) The name of the entity receiving the subaward;
b) The amount of the subaward;
c) The transaction type;
d) Tre North American Industry Classification System (NAICS) code or
Catalog of Federal Domestic Assistance (CFDA) number;
e) Program source;
f) An award title descriptive of the purpose of each funding action;
g) The location of the entity receiving the subaward;
h) The primary location of the subaward, including the city, state,
congressional district and country; and
i) A unique identifier of the entity receiving the subaward and the parent
entity of the recipient, should the entity be owned by another.
Guidance to State Agencies Regarding Funds Received April 16. 2009
Under the American Recovery and Reinvestment Act (ARRA)
5. For any subcontracts or subgrants of less than $25,000 or to individuals, the
information required in (4) (a)-(i) may be reported in the aggregate.
a) The certification of an authorized officer of the
Recipient/Contractor/Grantee that the information contained in the report
is accurate; and
6. Any other information reasonably requested by the Contract Manager/Grant
Manager or required by state or federal law or regulation.
Besides these reports, the Government Accountability Office (GOA) is required to
conduct bimonthly reviews and prepare reports on such reviews on the use by
selected states and localities of funds made available in the ARRA. The ARRA does
not specify the criteria by which the states and localities will be selected. The reports
are to be available online.
For additional details about the 'Reporting requirements, see the Section 1512 of
the ARRA and Federal Register, Volume 74, Number 61 available at:
htto://www.fta.dotoov/docu 1512 data specs(1
Further guidance regarding the specific data element as well as the method for
submission of the information will be provided as soon as it becomes available.
2.7 - Segregation of Costs
Obligations and expenditures of ARRA funds must be segregated from other
funding. No part of ARRA funds may be comingled with any other funds or used for
a purpose other than that of making payments for costs allowable under the ARRA.
Refer to section 3 for specific guidance on accounting and financial reporting
requirements.
The Purchase Request Form (PRF) and the Administrative Bid Tab will have a
check box added to designate which contracts are using ARRA funds, in whole or in
part. These ARRA-funded projects that must receive State Administrative Board
approval will be considered on a separate State Administrative Board agenda.
2.8 -Government Accountability Office/Inspector General Access
The Civilian Agency Acquisition Council and the Defense Acquisition Regulations
Council (Councils) are issuing an interim rule amending the Federal Acquisition
Regulation (FAR) to implement Sections 902, 1514, and 1615 of the American
Recovery and Reinvestment Act of 2009. Collectively, these Sections provide for the
audit and review of both contracts and subcontracts, and the ability to interview sucn
contractor and subcontractor personnel under contracts containing Recovery Act
funds.
For the Comptroller General these alternate clauses provide specific authority to
audit contracts and subcontracts and to interview contractor and subcontractor
employees under contracts using Recovery Act funds. Agency inspector generals
receive the same authorities, with the exception of interviewing subcontractor
employees.
Guidance to State Agencies Regarding Funds Received Apni 16. 2009
Under the American Recovery and Reinvestment Act 'ARRA)
For full details of the 'Government Accountability Office & Inspector General Access'
requirements, see the Federal Registry Vol. 74 Rules and Regulations (March 31,
2009, pages 14646-14649).
2.9 - Ethics
It is critical that transparency and integrity are a cornerstone of this process. The risk
of fraud and abuse grows when the distribution of millions of dollars is mixed with
new programs, new requirements, and new staffing. DMB Purchasing Operations
has reformatted the Confidentiality Statement and the Conflict of Interest and
Disclosure Forms to add more accountability.
2.10 - Michigan Economic Recovery Office Notification
Agencies shouid forward all Requests for Proposals (RFP), Invitations to Bid (ITB),
or similar solicitations to the Michigan Economic Recovery Office for review at least
three days prior to releasing them to the pubic. Agencies may go ahead and
release/post the document if they have not heard back from the Michigan Economic
Recovery Office on the third day after notification.
2.11 - Notice Requirements under PA 7 of 2009
Section 203 of the bill provides for an automatic appropriation of any additional
Recovery Act funds available to the state through the redistribution provisions of the
Recovery Act. If your department receives additional funds under the Recovery Act
as a result of these redistribution provisions, the department must report to the
senate and house standing committees on appropriations subcommittee, senate and
house fiscal agencies. state budget director and the Governor on the amount of the
funds received and the purposes for which they will be spent within 30 days of
receiving the funds.
If your department is distributing funds received under the Recovery Act through a
competitive grant process, you must notify the senate and house of representatives
standing committees on appropriations, senate and house fiscal agencies, and state
budget office at least one day prior to the issuance of the request for proposals.
Please include the Michigan Economic Recovery Office on this notice.
2.12 - Fraud Prevention
By establishing an effective fraud prevention program, agencies can provide
reasonable assurance that ARRA funds benefit intended recipients. A well-designed
fraud prevention program will minimize waste and abuse and shouid consist of
preventive controls, detection, monitoring, investigations, and prosecutions. These
controls prevent ineligible individuals and questionable firms from gaining access to
government funds in the first place.
Most recently, in February 2009. the National Procurement Fraud Task Force
(NPFTF) published a white paper (A Guide to Grant Oversight and Best Practice,s for
Combating Grant Fraud, Washington, D.C.: February, 2009) that identified best
practices and rrrade rcurrrmt=ndatturrs for agencies to consider in preventing fraud,
Guidance to State Agencies Regarding Funds Received Arr.,: 'S. 2000 i 4
Under the American Recovery and Reinvestment Act (ARRAI
waste, and abuse in grants they administer. These re-currrree-rrdattrus included
enhanced certifications, increased training, improved communications with grant
recipients, increased information sharing concerning potential fraud, and rigorous
oversight of how grant dollars are spent after they are awarded. We recommend you
access and read that report.
2.13 - Grant and Cooperative Agreements
The passage of the American Recovery and Reinvestment Act of 2009 (ARRA)
changed the way the State of Michigan will report information to the Federal
Government related to grants. As a result, grant agreements must require recipients
and sub-recipients to:
1. Maintain current registrations in the Central Contractor Registration (CCR)
database. http://www.ccedov/
2. Report quarterly on project activity status (further defined in Section 4.7); in
addition to any reporting requirements that currently apply to recipients of federal
funds;
3. Follow Buy American guidelines (section 1605 of ARRA and section 1.10 of this
document)
4. Implement wage rate requirements (section 1606 of ARRA and section 1,5 of this
document)
5. Ensure proper accounting and reporting of ARRA expenditures in Single Audits
Grant agreements must also include any terms needed to implement
agency/program specific provisions and general provisions of ARRA.
For complete details of the "Grants and Cooperative Agreements" requirements, see
the Federal Office of Management & Budget guidance letter of April 3, 2009 (M-09-
15), Section 5 and Appendix 9. http:I/www.recoverv,gov/sites/defaultffiles/m09
We have included some excerpts pertinent to grant requirements:
"5.1 Are there actions, beyond standard practice, that agencies must take while
planning for competitive and formula grant awards under Recovery Act?
Yes.
(1) Determining Grant Objectives and Evaluation Criteria for Award
Agencies should structure grants to result in meaningful and measurable
outcomes that are consistent with agency plans and that promote the goals of
the Recovery Act. The evaluation criteria for award should include those that
bear on the measurement and likelihood of achieving these outcomes ; such
as jobs creation and preservation.
(2) Competition
Although the Recovery Act calls on agencies to commence expenditures and
activities as quickly as possible consistent with prudent management, this
Guidance to State Agencies Regarding Funds Received April 46. 2909
Under the American Recovery and Reinvestment Act [ARRA)
statement, by itself, does not constitute a sufficient justificatien to support
award of a federal grant on a non-competitive basis, Agencies are expected
to follow the same laws, princip'es, procedures, and practices in awarding
discretionary grants with Recovery Act funds as they do with other funds.
Agencies should review their internal policies with a goal towards promoting
competition to the maximum ex -ent practicable. In conducting this review,
agencies may want to consider the appropriateness of limited competitions
among existing high-performing projects versus full and open competitions.
(3) Existing Grants
Ultimately, agencies must determine what award method(s) will allow
recipients to commence expenditures and activities as quickly as possible
consistent with prudent management and statutory requirements. Agencies
may consider obligating funds provided under the Recovery Act on an
existing grant, including, but not limited to, a continuation or renewal grant.
Because Recovery Act funds must be tracked and accounted for separately,
supplements to existing agreements are not recommended as there is a
greater risk that the grant recipient will be unable to track and report Recovery
Act funds separately. Also, agreements must spell out the cisiy III Iflt of
agency roles and reeportsibilities to fulfill the unique requirements of the
Recovery Act. These include, but are not limited to, report development and
submission, accurate and timely data reporting, and special posting
requirements to agency Web sites and Recovery.gov .
(4) Timeliness of Awards
Agencies need to aSSUbb existing processes for awarding formula allocations
and announcing, evaluating and awarding discretionary grant opportunities to
comport with the objective to make awards timely.
5.4 Are Federal agencies expected to initiate additional oversight requirements
for grants, such as mandatory field visits or additional case examinations for error
measurements, to comply with grant rules and regulations?
Yes.
Agencies must take steps, beyond standard practice, to initiate additional
oversight mechanisms in order to mitigate the unique implementation risks of the
Recovery Act. At a minimum, agencies should be prepared to evaluate and
demonstrate the effectiveness of standard monitoring and oversight practices.
(1) Performance Management and Accountability
Agencies must adapt current performance evaluation and review processes
to include the ability to report periodically on completion status of the program
or activity, and program and economic outcomes, consistent with Recovery
Act reduwements.
Guidance to State Agencies Regarding Funds Received Ar: 10. 209
Under the American Recovery and Reinvestment Act (ARRA)
Agencies, in consultation with the Inspectors General, shall establish
procedures to validate the accuracy of information submitted on a statistical
basis and/or risk based approach as approved by OMB.
(2) Internal Controls Assessment Consistent with normal practices, agencies
must use appropriate internal control assessrrients to dSbebb the risk of
program waste, fraud, and/or abuse. Using the aforementioned risk
assessments, agencies must have defined strategies, developed with input
from the Inspector General for the agency, to prevent or timely detect waste,
fraud, or abuse.
Also, consistent with Section 3 of this Guidance, agencies should initiate
additional measures. as appropriate, to address higher risk areas.
5.9 Are there terms and conditions beyond standard practice, that must be
included in competitive and formula grant agreements under the Recovery Act?
Agencies must:
• Use the agency's standard award terms and conditions on award notices,
where applicable, unless they conflict with the requirements of the Recovery
Act. In the case where the Recovery Act requirement conflicts with an
agency's standard award term or condition, the agency's award term or
condition should be modified, as necessary, to ensure compliance with the
Recovery Act requirement
• Ensure other award terms needed to implement the agency/program-specific
provisions and general provisions of the Recovery Act are included on
awards. Note that OMB has issued standard award terms for agencies to use
in implementing Sections 1512, 1605 and 1506 for grants, cooperative
agreements, arid loans. Agencies must ensure that they use any terms and
conditions that implement other Recovery Act provisions, where applicable
and as appropriate, such provisions in Sections 1511,1515,1553,1604, arid
1609.
• Ensure that there is an award term or condition requiring first tier sub-
awardees to begin planning activities, including obtaining a DUNS number (or
updating the existing DUNS record), and registering with the Central
Contractor Registration (CCR). Prime recipients and Federal agencies must
establisii meuhdriisiris to meet Recovery Act data collection requirements.
Agencies should work with prime recipients to ensure that DUNS and CCR
requirements for first tier sub-awardees are met no later than the first time
Recovery Act data requirements are due.
• Make ciear that that any funding provided through the Recovery Act is one-
time funding.
Gu'dance to State Agencies Regarding Funds Received Ana I C, 2009 Under the American Recovery and Reinvestment Act (ARRA)
• Include tne requirement that each grantee or suo-grantee awarded funds
made available under the Recovery Act shall promptly refer to an appropriate
inspector general any credible evidence that a principal, employee, agent,
contractor, sub-grantee, subcontractor, or other person has submitted a false
claim under the False Claims Act or has committed a criminal or civil violation
of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar
misconduct involving those funds,"
2.14 - Risk Considerations
Risk identification and mitigation is a critical component to the contract process. For
complete details of the 'Governance, Risk Management and Program Integrity'
requirements, see the Federal Office of Management & Budget guidance letter of
Aprl! 3, 2009 (M-09-15), Section 3 and Appendix 4. We encourage you to read the
entire context of those sections to learn how to better identify and mitigate risks
associated with grant funds. The following acquisition process questions should
prove helpful.
1. Do new Requests for Proposals issued under Recovery Act initiatives contain the
necessary language to satisfy the requirements of the Recovery Act?
2. Are contracts awarded in a prompt, fair, and reasonable manner?
3. Do new contracts using Recovery Act funds have the specific terms required?
4. Are contracts awarded using Recovery Act funds transparent to the public? Are
the public benefits of the funds used under these contracts reported clearly,
accurately and in a timely manner?
5. Are funds used for authorized purposes and the potential for fraud, waste, error,
and abuse minimized and/or mitigated?
6. Do projects funded under the Recovery Act avoid unnecessary delays and cost
overruns?
7. Are there any performance issues identified with regard to (potential) contractor?
Are there follow up actions to address the performance issues?
2.15 - Buy American Requirement Applicable to State Agencies
The Buy American provision in Section 1605 of Division A, Title XVI of the ARRA
requires that all "iron, steel and manufactured goods used in the construction,
alteration, maintenance or repair of a "public building or public work funded in whole
or in part by funds made available under the ARRA be "produced in the United
States." un!ess this requirement is waived by the appropriate federal agency.
Iron and steel are ''produced in the United States" if all of the manufacturing
processes, except metallurgic processes involving refinement of steel additives, take
place in the United States. Iron or steel used db Luilipuiluilb or subuurriporient3 ol
manufactured goods used in an ARRA-funded project, however, do not have to be
"produced in the United States." Manufactured goods are "produced in the United
States" if the manufacturing occurs in the United States (there is no requirement
about the origin of the components or Subcomponents of the manufactured goods).
Guidance to State Agencies Regarding Funds Received April 16. 2009 I /,
Under the American Recovery and Reinvestment Act {ARRA)
The ARRA also provides that the Buy American requirement in Section 1605 "shall
be applied in a manner consistent with United States obligations under international
agreements." As a practical matter, this means that, for procurement under state
construction contracts valued at $7,443,000 or more, iron, steel, and manufactured
goods may be purchased if they are produced in the United States or produced in
any of the following countries: Aruba, Austria, Belgium, Bulgaria, Cyprus, Czech
Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hong Kong,
Hungary, Iceland, Ireland, Israel, Italy, Japan, Korea (Republic of), Latvia,
Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland,
Portugal, Romania, Singapore, Slovak Republic, Slovenia, Spain, Sweden.
Switzerland, United Kingdom, Australia, or Chile.
The "exception" to the Buy American requirement for obligations under international
agreements does not apply to dredging, the restrictio -nseattaCtUdITfe-deral funds to
states for mass transit and highway projects, or the purchase of construction grade
steel, motor vehicles or coal. Consequently, if using ARRA funds in connection with
these activities or for construction grade steel, motor vehicles or coal, only items
produced in the United States may be procured.
The Buy American requirement may be waived by Federal agencies in the following
circumstances only; (1) application of the Buy American requirement would be
inconsistent with the public interest; (2) iron, steel and the relevant manufactured
goods are not produced In the United States in sufficient and reasonably available
quantities and of a satisfactory quality; (3) or inclusion of iron, steel or manufactured
goods produced in the United States will increase the cost of the overall project by
more than 25 percent. Requests for waivers must be submitted before funds are
awarded by a federal agency or obligated by the state. The process for requesting a
waiver of the Buy American requirements, including information that must be
provided to federal agencies in support of a request for a waiver, is described on
pages 139-141 of the federal Office of Management and Budget's April 3, 2009
guidance.
As used in this Section, "steel" means any alloy that includes at least 50 percent
iron, between .02 and 2 percent carbon, and may include other elements.
"Manufactured goods' means a good brought to the construction site for incorporation
into the building or work that has been - (1) processed into a specific form and
shape; or (2) combined with other raw material that has different properties than the
properties of individual raw materials. "Public building or public work" means a public
building of, and a public work of, the United States; the District of Columbia:
commonwealths, territories, and minor outlying islands of the United States; State
and local governments; and multi-State regional or interstate entities which have
governmental functions).
Guidance to State Agencies Regarding Funds Received Aprii 16, 2009
Under the American Recovery and Reinvestment Act [ARRA]
I 9
2.15 - Whistle Blower Protection
All state agencies must post notice o:` the rghts and remedies available to
employees under Section 1553 of the ARRA. For the Michigan Civil Service Whistle
Blowers Rule 2-10 link to: httn://www.michioartauimdcs/0 1607.7-147-687781E,5-
72500-.00 htmi)
2.17 - Internet Sites
The following links may be helpful to your staff:
The fastest and easiest way to obtain copies of GAO documents at no cost is
through GAO's Web site (vvvvw.qao.00v). Each weekday afternoon. GAO posts
on its Web site newly released reports, testimony, and correspondence. To have
GAO e-mail you a list of newly posted products, go to www.gao.gov and select
"E-mail Updates."
Michigan Recovery site -http://www.michicon.cipv/recoverv
Federal Recovery site -http://www.recoverv.gov/
NASPO Recovery site -htto://www.nasoo.orq/cohtent.cfmlidistimulus
Council of State Governments ARRA Web site -12tp://www.staterecovery.ordI
The American Recovery and Reinvestment Act
http.fiwym.recovery.govl?q=contentfact
OMB Guidance Memo (2/17/2009): Pttp:liwwsgloo.umentslinitial oink
guidance 090218.odf
OMB Guidance Memo (04/03/2009):
hAtrowww.vvhle.house.dovlomblassetslnda tv2009/m09-15.pdf
Access to the Federal Register httpliwww.opoaccess.dov/fri
DMB Intranet site http://connect.michigan.gov/porta:/siteklmb/
Guidance 'kJ &tate Agencies Regarding Funds. Received
Under the American Recovery and Reinvestment Act ARRA)
Apr4 1G 2909
SECTION 3 -ACCOUNTING AND FINANCIAL REPORTING GUIDANCE
No part of ARRA funds may be comingled with any other funds or used for a
purpose other than that of making payments for costs allowable under the ARRA. To
assist in tracking and keeping ARRA funds separate from non-ARRA funds, the
following steps will be taken.
3.1 - General R*Stars Coding Requirements
In order to meet specific ARRA reporting guidelines, it is necessary to track all
federal ARRA revenues separately from existing federal program revenue. Each
ARRA-related line item appropriation will require unique appropriation (20 profile)
and fund (023 profile) numbers.
3.2 -Profile Creation And Submission
Departments will submit new profile requests for 20s and D23s to the State Budget
Office (SO) for approval. SBO approved profiles will be sent to the Office of
Financial Management (OEM) for final approval and entry into the R*Stars system.
All profiles must have the acronym ARRA in the title. The ARRA funds will be tied to
like fund sources through the use of the State Fund Group (039 profile) and Finance
Source (053 profile) fields located on the 023 profile. These two coding elements will
be created by SBO. Office of Budget Development (OBD) and OFIVI and entered on
the agency submitted 023 profiles.
3.3 - 039 Profile Structure
The 039 values established to track ARRA revenue will use each of the four place
holders of the profile to identify funds at multiple levels. The placenolders will be
defined by SBO and OFM.
1. The first indicator identifies ARRA-related revenues and expenditures
2. The second indicator identifies a group of programs
3. The third indicator identifies major programs within a group
4. The fourth indicator identifies Sub-programs (if needed)
The groups have been defined as foliows:
1. 90XX -Fiscal Stabilization
2. 91XX-Health & Human Services
3. 92XX -Education
4. 93XX -Transportation
5. 94XX -Energy
6. 95XX -Economic Development
7. 96XX -Natural Resources & Environmental
8. 97XX -Justice
9. 98XX -Labor
10.99XX -Miscellaneous
Guidance to State Agencies Regarding Funds Received April 16 29 2i
Under the American Recovery and Reinvestment Act (ARRA)
3.4 -053 Profile Structure
The 053 values established to track ARRA revenues will use two values to
distinguish between competitive and formula driven grants.
1. 70 -ARRA Funding/Expenditures - Competitive
2. 80 -ARRA Funding/Expenditures - Formula Driven
3.
3.5 - Budgetary Transaction Procedures
Departments will follow the same budgetary transaction procedures for supplemental
appropriations as established by the SBO-OBD. The instructions are available
electronically on the SBO intranet at htte://connect.michidan.00vibuddet.
3.6 - Agency Receiving ARRA Revenue from another Agency
if an Agency plans to receive ARRA funds from another Agency, the recipient
agency should contact their OFM Accounting Liaison for guidance related to profile
establishment and transaction processing.
3.7 - Federal Reporting
On April 1, 2009, the Office of Management and Budget (OMB) issued federal
reporting guidance related to ARRA revenue. The guidance contains standard data
elements that agencies will be responsible for in order to comply with the reporting
requirements under section 1512 of the American Recovery and Reinvestment Act
of 2009 (Public Law 111 -5).
The data elements are listed in detail within the Federal Register, Volume 74,
Number 61. A copy of those reporting data elements can be found at:
=L,4(aai.flig.arit.gaaLLQ,LagLialc6a.c_q\AB Cmt Re uest 1512 data
s pecs( 1 ).Pdf
Further guidance regarding the specific data element as well as the method for
submission of the i-rformation will be provided as soon as it becomes available.
Guidance to State Agencies Regarding Funds Received Aura IS. 2009
Under the American Recovery and Remvestment Act {ARRA)
SECTION 4 - APPENDICES
4,1 -AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009 (TITLE XV & XVI)
TITLE XV•ACCOUNTABILITY AND TRANSPARENCY
Sec. 1501, Definitions.
In this title:
(1) AGENCY -The term 'agency' has the meaning given under section 551
of title 5, United States Code.
(2) BOARD -The term .Board' means the Recovery Accountability and
Transparency Board established in section 1521.
(3) CHAIRPERSON -The term 'Chairperson' means the Chairperson of
the Board.
(4) COVERED FUNDS -The term 'covered funds' means any funds that
are expended or obligated from appropriations made under this Act.
(5) PANEL -The term 'Panel' means the Recovery Independent Advisory
Panel established in section 1541.
SUBTITLE A•TRANSPARENCY AND OVERSIGHT REQUIREMENTS
Sec. 1511. Certifications
With respect to covered funds made available to State or local governments for
infrastructure investments, the Governor, mayor, or other chief executive, as
appropriate, shall certify that the infrastructure investment has received the full
review and vefting required by law and that the chief executive accepts responsibility
that the infrastructure investment is an appropriate use of taxpayer dollars. Such
certification shall include a description of the investment, the estimated total cost,
and the amount of covered funds to be used, and shall be posted on a website and
linked to the website established by section 1526. A State or local agency may not
receive infrastructure investment funding from funds made available in this Act
unless this certification is made and posted,
Sec. 1512. Reports On Use Of Funds.
(a) Short Title -This section may be cited as the "Jobs Accountability Act'.
(b) Definitions -In this section:
(1) RECIPIENT -The term 'recipient-
(A) means any entity that receives recovery funds directly from the Federal
Government (including recovery funds received through grant, loan, or
contract) other than an individual; and
(2) includes a State that receives recovery funds.
(2) RECOVERY FUNDS -The term 'recovery funds' means any funds that are
made available from appropriations made under this Act.
Guidance to State Agencies Regarding Funds Received April lb, 2009
tinder the Arnefican Recovery and Reinvestm ent Act IARRA)
;
(c) Recipient Reports - Not later than 10 days after the end of each calendar quarter,
each recipient that received recovery funds from a Federal agency shall submit a
report to that agency that contains--
(1) the total amount of recovery funds received from that agency:
(2) the amount of recovery funds received that were expended or obligated to
projects or activities; and
(3) a detailed list of all projects or activities for which recovery funds were
expended or obligated, including-
(A) the name of the project or activity:
(B) a description of the project or activity;
(C) an evaluation of the completion status of the project or activity;
(D)an estimate of the number of jobs created and the number of jobs retainec
by the project or activity; and
(E) for infrastructure investments made by State and local governments, the
purpose, total cost, and rationale of the agency for funding the
infrastructure investment with funds made available under this Act, and
name of the person to contact at the agency if there are concerns with the
infrastructure investment.
(4) Detailed information on any subcontracts or subgrants awarded by the
recipient to include the data elements required to comply with the Federal
Funding Accountability and Transparency Act of 2006 (Public Law `,09282),
allowing aggregate reporting on awards below $25,000 or to individuals, as
prescribed by the Director of the Office of Management and Budget.
(d) Agency Reports -Not later than 30 days after the end of each calendar quarter,
each agency that made recovery funds available to any recipient shall make the
information in reports submitted under subsection (c) publicly available by
posting the information on a website.
(e) Other Reports -The Congressional Budget Office and the Government
Accountability Office shall comment on the information described in subsection
(c) (3) (D) for any reports submitted under subsection (c). Such comments shall
be due within 45 days after such reports are submitted.
(f) COMPLIANCE -Within 180 days of enactment, as a condition of receipt of funds
under this Act, Federal agencies shall require any recipient of such funds to
provide the information required under subsection (c).
(g) GUIDANCE -Federal agencies, in coordination with the Director of the Office of
Management and Budget, shall provide for user-friendly means for recipients of
covered funds to meet the requirements of this section.
(h) REGISTRATION -Funding recipients required to report information per
subsection (c) (4) must register with the Central Contractor Registration database
or complete other registration requirements as determined by the Director of the
Office of Management and Budget.
Sec. 1513. Reports Of The Council Of Economic Advisers.
(a) In General -In consultation with the Director of the Office of Management and
Budget and the Secretary of the Treasury, the Chairperson of the Council of
Guidance to State Agencies Regarding Funds Received April 16 2009
Under the American Recovery and Reinvestment Act (ARRA}
Economic Advisers shall submit quarterly reports to the Committees on
Appropriations of the Senate and House of Representatives that detail the impact
of programs funded through covered funds on employment, estimated economic
growth, and other key economic indicators.
(b) Submission of Reports-
(1) RE1-'01-<1 -The first report submitted under subsection (a) shall be
submitted not later than 45 days after the end of the first full quarter following
the date of enactment of this Act.
(2) LAST REPORT -The last report required to be submitted under subsection (a)
shall apply to the quarter in which the Board terminates under section 1530.
Sec_ 1514. Inspector General Reviews.
(a) Reviews -Any inspector general of a Federal department or executive agency
shall review, as appropriate, any concerns raised by the public about specific
investments using funds made available in this Act. Any findings of such reviews
not related to an ongoing criminal proceeding shall be relayed immediately to the
head of the department or agency concerned. In addition, the findings of such
reviews, along with any audits conducted by any inspector general of funds made
available in this Act, shall be posted on the inspector general's website and
linked to the website established by section 1526, except that portions of reports
may be redacted to the extent the portions would disclose information that is
protected from public disclosure under sections 552 and 552a of title 5, United
States Code.
Sec. 1515. Access Of Offices Of Inspector General To Certain Records And
Employees.
(a) Access -With respect to each contract or grant awarded using covered funds.
any representative of an appropriate inspector general appointed under section 3
or 83 of the Inspector General Act of 1978 (5 U.S.C. App.), is authorized-
(1) to examine any records of the contractor or grantee, any of its subcontractors
or subgrantees. or any State or local agency administering such contract, that
pertain to, and involve transactions relating to, the contract, subccntract,
grant, or subgrant; and
(2) to interview any officer or employee of the contractor, grantee, subgrantee, or
agency regarding such transactions.
(b) Relationship to Existing Authority -Nothing in this section shall be interpreted to
limit or restrict in any way any existing authority of an inspector general.
SUBTITLE B--RECOVERY ACCOUNTABILITY AND TRANSPARENCY BOARD
Guidance to State Agencies Re garding Funds Received April 15, 2009
Under the American Recovery and Reinvestment Act (ARRA)
Sec. 1521. Establishment Of The Recovery Accountability And Transparency
Board.
There is established the Recovery Accountability and Transparency Board to
coordinate and conduct oversight of covered funds to prevent fraud, waste and
abuse.
Soc. 1522. Composition Of Board.
(a) Chairperson-
(1) DES1GNATION OR APPOINTMENT -The President shall--
(A) designate the Deputy Director for Management of the Office of
Management and Budget to serve as Chairperson of the Board;
(B) designate another Federal officer who was appointed by the President to a
position that required the advice and consent of the Senate, to serve as
Chairperson of the Board; or
(C) appoint an indivtlual as the Chairperson of the Board, by and with the
advice and consent of the Senate.
(2) COMPENSATION-
(A) DESIGNATION OF FEDERAL OFFICER -If the President designates a
Federal officer under paragraph (1) (A) or (B) to serve as Chairperson.
that Federal officer may not receive additional compensation for services
performed as Chairperson.
(B) APPOINTMENT OF NON-FEDERAL OFFICER -If the President appoints
an individual as Chairperson under paragraph (1)(C), that individual shall
be compensated at the rate of basic pay prescribed for level IV of the
Executive Schedule under section 5315 of title 5, United States Code.
(b) Members -The members of the Board shall include-
(1) the Inspectors General of the Departments of Agriculture, Commerce,
Education, Energy, Health and Human Services, Homeland Security, Justice,
Transportation, Treasury, and the Treasury Inspector General for Tax
Administration: and
(2) any other inspector General as designated by the President from any agency
that expends or obligates covered funds.
Sec. 1523. Functions Of The Board.
(a) Functions-
(1) IN GENERAL -The Board sha:I coordinate and conduct oversight of covered
funds in order to prevent fraud, waste, and abuse.
(2) SPECIFIC FUNCTIONS -The functions of the Board shall include--
(A) reviewing whether the reporting of contracts and grants using covered
funds meets applicable standards and specifies the purpose of the
contract or grant and measures of performance;
(B) reviewing whether competition requirements applicable to contracts and
grants using covered funds have been satisfied;
(C) auditing or reviewing covered funds to determine whether wasteful
spenc[ng, poor contract or grant management, or other abuses are
Guidance to State Agencies Regarding Funds Received April 1 b, 2009
Under tile American Recovel and Reinvestment Act (ARRA)
occurring and referring matters it considers appropriate for investigation to
the inspector general for the agency that disbursed the covered funds;
(D) reviewing whether there are sufficient qualified acquisition and grant
personnel overseeing covered funds;
(E) reviewing whether personnel whose duties involve acquisitions or grants
made with covered funds receive adequate training; and
(F) reviewing whether there are appropriate mechanisms for interagency
collaboration relating to covered funds, including coordinating and
collaborating to the extent practicable with the Inspectors General Council
on Integrity and Efficiency established by the Inspector General Reform
Act of 2008 (Public Law 110-409).
(b) Reports-
(1) FLASH AND OTHER REPORTS -The Board shall submit to the President
arid Congress, including the Committees on Appropriations of the Senate and
House of Representatives, reports, to be known as 'flash reports', on potential
management and funding problems that require immediate attention. The
Board also shall submit to Congress such other reports as the Board
considers appropriate on the use and benefits of funds made available in this
Act.
(2) QUARTERLY REPORTS -The Board shall submit quarterly reports to the
President and Congress, including the Committees on Appropriations of the
Senate and House of Representatives, summarizing the findings of the Board
and the findings of inspectors general of agencies. The Board may submit
additional reports as appropriate.
(3) ANNUAL REPORTS -The Board shall submit annual reports to the President
and Congress, including the Committees on Appropriations of the Senate and
House of Representatives, consolidating applicable quarterly reports on the
use of covered funds.
(4) PUBLIC AVAILABILITY-
(A) IN GENERAL - All reports submitted under this subsection shall be made
publicly available and posted on the website established by section 1526.
(B) REDACTIONS -Any portion of a report submitted under this subsection
may be redacted when made publicly available, if that portion would
disclose information that is not subject to disclosure under sections 552
and 552a of title 5, United States Code.
(c) Recommendations-
(1) IN GENERAL -The Board shall make recommendations to agencies on
measures to prevent fraud, waste, and abuse relating to covered funds.
(2) RESPONSIVE REPORTS -Not later than 30 days after receipt of a
recommendation under paragraph (1), an agency shall submit a report to the
President, the congressional committees of jurisdiction, including the
Committees on Appropriations of the Senate and House of Representatives,
and the Board on-
Guidance to State Agencies Regarding Funds Received April 2009
Under the American Recovery and Reinvestment Act (ARRA)
(A) whether the agency agrees or disagrees with the recommendations; and
(B) any actimie the agency wiil take to implement the recommendations.
Sec. 1524. Powers Of The Board.
(a) In General-The Board shall conduct audits and reviews of spending of covered
funds and coordinate en such activities with the inspectors general of the
relevant agency to avoid duplication and overlap of work.
(b) Audits and Reviews -The Board may--
(1) conduct its own independent audits and reviews relating to covered funds;
and
(2) cokaborate on audits and reviews relating to covered funds with any inspecto -
general of an agency,
(c) Authorities--
(1) AUDITS AND REVIEWS -In conducting audits and reviews, the Board shall
have the authorities provided under section 6 of the Inspector General Act of
1978 (5 U.S.C. App.). Additionally, the Board may issue subpoenas to compel
the testimony of persons who are not Federal officers or employees and may
enforce such subpoenas in the same manner as provided for inspector
general subpoenas under section 6 of the Inspector General Act of 1978 (5
U.S.C. App.).
(2) STANDARDS AND GUIDELINES -The Board shall carry out the powers
under subsections (a) and (b) in accordance with section 4(b)(1) of the
Inspector General Act of 1976 (5 U.S.C. App.).
(d) Public Hearings -The Board may hold public hearings and Board personnel may
conduct necessary inquiries. The head of each agency shall make all officers and
employees of that agency available to provide testimony to the Board and Board
personnel. The Board may issue subpoenas to compel the testimony of persons
who are not Federal officers or employees at such public hearings. Any such
subpoenas may be enforced in the same manner as provided for inspector
general subpoenas under section 6 of the Inspector General Act of 1978 (5
U.S.C. App.).
(e) Contracts -The Board may enter into contracts to enable the Board to discharge
its duties under this subtitle, including contracts and other arrangements for
audits, studies, analyses, and other services with public agencies and with
private persons, and make such payments as may be necessary to carry out the
duties of the Board.
(f) Transfer of Funds -The Board may transfer funds appropriated to the Board for
expenses to support administrative support services and audits, reviews, or other
activities related to oversight by the Board of covered funds to any office of
inspector general, the Office of Management and Budget, the General Services
Administration, and the Panel.
Sec. 1525. Employment, Personnel, And Related Authorities.
(a) Employment and Personnel Authorities-
Cuidance to State Agencies Regarding Funds Received April 16, 209 :8
Under the American Recovery and Reinvestment Act (ARRA)
(1) IN GENERAL-
(A) AUTHORITIES -Subject to paragraph (2), the Board may exercise the
authorities of subsections (b) through (i) of section 3161 of title 5, United
States Code (without regard to subsection (a) of that section).
(B) APPLICATION -For purposes of exercising the authorities described
under subparagraph (A), tie term 'Chairperson of the Board' shall be
substituted for the term 'head of a temporary organization'.
(C) CONSULTATION -In exercising the authorities described under
subparagraph (A), the Chairperson shall consult with members of the
Board.
(2) EMPLOYMENT AUTHORITIES -In exercising the employment authorities
under subsection (b) of section 3161 of title 5, United States Code, as
provided under paragraph (1) of this subsection—
(A) paragraph (2) of subsection (b) of section 3161 of thattitle (relating to
periods of appointments) shall not apply; and
(B) no period of appointment may exceed the date on which the Board
terminates under section 1530.
(b) information and Assistance-
(1) IN GENERAL -Upon request of the Board for information or assistance from
any agency or other entity of the Federal Government, the head of such entity
shall, insofar as is practicable and not in contravention of any existing law,
furnish such information or assistance to the Board, or an authorized
designee.
(2) REFVRTUF—REFUSALS -Whenever information or assistance requested by
the Board is, in the judgment of the Board, unreasonably refused or not
provided, the Board shall report the circumstances to the congressional
committees of jurisdiction, including the Committees on Appropriations of the
Senate and House of Representatives, without delay.
(c) Administrative Support -The General Services Administration shall provide the
Board with administrative support services, including the provision of office space
and facilities.
Sec. 1526. Board Websith.
(a) Establishment -The Board shall establish and maintain, no later than 30 days
after enactment of this Act, a user-friendly, public-facing website to foster greater
accountability and transparency in the use of covered funds.
(b) Purpose -The website established and maintained under subsection (a) shall be
a portal or gateway to key information relating to this Act and provide
connections to other Government websites with related information.
(c) Content and Function -In establishing the website established and maintained
under subsection (a), the Board shall ensure the following:
(1) The website shall provide materials explaining what this Act means for
citizens. The materials shall be easy to understand and regulariy updated.
Guidance to State Agencies Regarding runds Received Amu is 2009
Under the American Recovery and Reinvestment Act (ARRA)
,0
(2) The website shall provide accountability information, including findings from
audits, inspectors general, and the Government Accountability Office.
(3) The website shall provide data on relevant economic, financial, grant, and
contract information in user-friendly visual presentations to enhance public
awareness of the use of covered funds.
(4) The website shall provide detailed data on contracts awarded by the Federal
Government that expend covered funds, including information about the
competitiveness of the contracting process, information about the process
that was used for the award of contracts, and for contracts over $500,000 a
summary of the contract,
(5) The website shall include printable reports on covered funds obligated by
month to each State and congressional district.
(6) The website shall provide a means for the public to give feedback on the
performance of contracts that expend covered funds.
(7) The website shall include detailed information on Federal Government
contracts and grants that expend covered funds, to include the data elements
required to comply with the Federal Funding Accountability and Transparency
Act of 2006 (Public Law 109-262), allowing aggregate reporting on awards
below $25,000 or to individuals, as prescribed by the Director of the Office of
Management and Budget.
(8) The website shalt provide a link to estimates of the jobs sustained or created
by the Act.
(9) The website shall provide a link to information about announcements of grant
competitions and solicitations for contracts to be awarded.
(10)The website shall include appropriate links to other government websites
with information concerning covered funds, including Federal agency and
State websites.
(11)The website shall include a plan from each Federal agency for using funds
made available in this Act to the agency.
(12)The website shall provide information on Federal allocations of formula
grants and awards of competitive grants using covered funds.
(13)The website shall provide information on Federal allocations of mandatory
and other entitlement programs by State, county, or other appropriate
geographical unit.
(14)To the extent practical, the website shall provide, organized by the location
of the job opportunities involved, links to and information about how to access
job opportunities, including, if possible, links to or information about local
employment agencies, job banks operated by State workforce agencies. the
Department of Labor's Career One Stop website, State, local and other public
agencies receiving Federal funding, and private firms contracted to perform
work with Federal funding, in order to direct job seekers to job opportunities
created by this Act
(15)The website shall be enhanced and updated as necessary to carry out the
purposes of this subtitle.
(d) Waiver -The Board may exclude posting contractual or other information on the
website on a case-by-case basis when necessary to protect national security or
Guidance to State Agencies Regarding Funds Received
Under the American Recovery arid Reinvestment Act (ARRA)
Apl 16. no
to protect information that is not subject to disclosure under sections 552 and
552a of title 5, United States Code.
Sec. 1527. Independence Of Inspectors General.
(a) Independent Authority -Nothing ir this subtitle shall affect the independent
authority of an inspector general to determine whether to conduct an audit or
investigation of covered funds.
(Id) Requests by Board -If the Board requests that an inspector general conduct or
refrain from conducting an audit or investigation and the inspector general rejects
the request in whole or in part, the inspector general shall, not later than 30 days
after rejecting the request, submit a report to the Board, the head of the
applicable agency, and the congressional committees of jurisdiction, including
the Committees on Appropriations of the Senate and House of Representatives.
The report shall state the reasons that the inspector general has rejected the
request in whole or in part. The inspector general's decision shall be final.
Sec. 1528. Coordination With The Comptroller General And State Auditors.
The Board shall coordinate its oversight activities with the Comptroller General of the
United States and State auditors.
Sec. 1529. Authorization Of Appropriations.
There are authorized to be appropriated such sums as necessary to carry out this
subtitle.
Sec. 1530. Termination Of The Board.
The Board shall terminate on September 30,2013.
SUBTITLE C-RECOVERY INDEPENDENT ADVISORY PANEL
Sec. 1541. Establishment Of Recovery Independent Advisory Panel.
(a) Establishment -There is established the Recovery Independent Advisory Panel.
(b) Membership -The Panel shall be composed of 5 members who shall be
appointed by the President.
(c) Qualifications -Members shall be appointed un the Licisi uf expertise in
economics, public finance, contracting, accounting, or any other relevant field.
(d) Initial Meeting -Not later than 30 days after the date on which all members of the
Panel have been appointed, the Panel shall hold its first meeting.
(e) Meetings -The Panel shall meet at the call of the Chairperson of the Panel.
(f) Quorum -A majority of the members of the Panel shall constitute a quorum, but a
lesser number of members may hold hearings.
(g) Chairperson and Vice Chairperson -The Panel shall select a Chairperson and
Vice Chairperson from among its members.
Guidance to State Agencies Regarding Funds Received Apti116 2009
Under the American Recovery and Reinvestment Act (ARRA)
Sec. 1542. Duties Of The Panel.
The Panel shall make recuriiiiindiLiuu to the Board on actions the Board could
take to prevent fraud, waste, and abuse relating to covered funds.
Sec. 1543. Powers Of The Panel.
(a) Hearings -The Panel may hold such hearings, sit and act at such times and
places, take such testimony, and receive such evidence as the Panel considers
advisable to carry out this subtitle.
(b) Information From Federal Agencies -The Panel may secure directly from any
agency such information as the Panel considers necessary to carry out this
subtitle. Upon request of the Chairperson of the Panel, the head of such agency
shall furnish such information to the Panel.
(c) Postal Services -The Panel may use the United States mails in the same manner
and under the same uutdilivi db IL:res uf the Federal Government.
(d) Gifts -The Panel may accept, use, and dispose of gifts or donations of services or
property.
Sec. 1544. Panel Personnel Matters.
(a) Compensation of Members -Each member of the Panel who is not an officer or
employee of the Federal Government shall be compensated at a rate equal to
the daily equivalent of the annual rate of basic pay prescribed for level IV of the
Executive Schedule under section 5315 of title 5, United States Code, for each
day (including travel time) during which such member is engaged in the
performance of the duties of the Panel. All members of the Panel who are
officers or employees of the United States shall serve without compensation in
addition to that received for their services as officers or employees of the United
States.
(b) Travel Expenses -The members of the Panel shall be allowed travel expenses,
including per diem in lieu of subsistence, at rates authorized for employees of
agencies under subchapter I of chapter 57 of title 5, United States Code, while
away from their homes or regular places of business in the performance of
services for the Panel.
(c) Staff-
(1) IN GENERAL -The Chairperson of the Panel may, without regard to the civil
service laws and regulations, appoint and terminate an executive director and
such other additional personnel as may be necessary to enable the Panel to
perform its duties. The employment of an executive director shall be subject
to confirmation by the Panel.
(2) COMPENSATION -The Chairperson of the Panel may fix the compensation
of the executive director and other personnel without regard to chapter 51 and
subchapter III of chapter 53 of title 5, United States Code, relating to
classification of positions and General Schedule pay rates, except that the
rate of pay for the executive director and ether personnel may not exceed the
rate payable for level V of the Executive Schedule under section 5316 of such
title.
(3) PERSONNEL AS FEDERAL EMPLOYEES
Guidance to State Agencies Regarding Funds Received pprii 16. 2009 3:
Under the American Recovery and Reinvestment Act (ARRA)
(A) IN GENERAL -The executive drrector and any personnel of the Panel who
are employees shall be employees under section 2105 of title 5, United
States Code, for purposes of chapters 63, 81, 83, 84, 85, 87, 89, 89A,
89B, and 90 of that title.
(B) MEMBERS OF PANEL -Subparagraph (A) shall not be construed to apply
to members of the Panel.
(d) Detail of Government Employees -Any Federal Government employee may be
detailed to the Panel without reimbursement, and such detail shall be without
interruption or loss of civil service status or privilege.
(e) Procurement of Temporary and Intermittent Services -The Chairperson of the
Panel may procure temporary and intermittent services under section 3109(b) of
title 5, United States Code, at rates for individuals which do not exceed the daily
equivalent of the annual rate of basic pay prescribed for level V of the Executive
Schedule under section 5316 of such title.
(f) Administrative Support -The General Services Administration shall provide the
Panel with administrative support services, including the provision of office space
and facilities.
Sec. 1545. Termination Of The Panel.
The Panel shall terminate on September 30, 2013.
Sec. 1546. Authorization Of Appropriations.
There are authorized to be appropriated such sums as necessary to carry out this
subtitle,
SUBTITLE D-ADDITIONAL ACCOUNTABILITY AND TRANSPARENCY
REQUIREMENTS
Sec. 1551. Authority To Establish Separate Funding Accounts.
Although this Act provides supplemental appropriations for programs, projects, and
activities in existing Treasury accounts, to facilitate tracking these funds through
Treasury and agency accounting systems, the Secretary of the Treasury shall
ensure that all funds appropriated in this Act shall be established in separate
Treasury accounts, unless a waiver from this provision is approved by the Director of
the Office of Management and Budget.
Sec. 1552. Set-Aside For State And Local Government Reporting And
Record keeping.
Federal agencies receiving funds under this Act, may, after following the notice and
comment rulemaking requirements under the Administrative Procedures Act (5
U.S.C. 500), reasonably adjust applicable limits on administrative expenditures for
Federal awards to help award recipients defray the costs of data collection
requirements initiated pursuant to this Act_
Guidance to State Agencies Regarding Funds Received April 16, 2009
Under the American Recovery and Reinvestment Act (ARRA)
Sec. 1553. Protecting State And Local Government And Contractor
Whistlebiowers.
(a) Prohibition of Reprisals - An employee of any non-Federal employer receiving
covered funds may not be discharged, demoted, or otherwise discriminated
against as a reprisal for disclosing, including a disclosure made in the ordinary
course of an employee's duties, to the Board, an inspector general, the
Comptroller General, a member of Congress, a State or Federal regulatory or law
enforcement agency, a person with supervisory authority over the employee (or
such other person working for the employer who has the authority to investigate,
discover, Cr terminate misconduct), a court or grand jury, the head of a Federal
agency, or their representatives, information that the employee reasonably
believes is evidence of--
(1) gross mismanagement of an agency contract or grant relating to covered
funds;
(2) a gross waste of covered funds;
(3) a substantial and specific danger to public health or safety related to the
implementation or use of covered funds;
(4) an abuse of authority related to the implementation or use of covered funds;
or
(5) a violation of law, rule, or regulation related to an agency contract (including
the competition for or negotiation of a contract) or grant, awarded or issued
relating to covered funds.
(b) Investigation of Comp!aints-
(1) IN GENERAL -A person who believes that the person has been subjected to
a reprisal prohibited by subsection (a) may submit a complaint regarding the
reprisal to the appropriate inspector general. Except as provided under
paragraph (3), unless the inspector general determines that the complaint is
frivolous, does not relate to covered funds, or another Federal or State judicial
or administrative proceeding has previously been invoked to resolve such
complaint, the inspector general shall investigate the complaint and, upon
completion of such investigation, submit a report of the findings of the
investigation to the person, the person's employer, the head of the
appropriate agency, and the Board.
(2) TIME LIMITATIONS FOR ACTIONS
(A) IN GENERAL -Except as provided under subparagraph (B), the inspector
generai shall, not later than 180 days after receiving a complaint under
paragraph (1)--
(i) make a determination that the complaint is frivolous, does not relate to
covered funds, or another Federal or State judicial or administrative
proceeding has previously been invoked to resolve such complaint: or
(ii) submit a report under paragraph (1).
(B) EXTENSIONS-
(i) VOLUNTARY EXTENSION AGREED TO BETWEEN INSPECTOR
GENERAL AND COMPLAINANT -If the inspector general is unable to
Guidance to State Agencies Regarding Funds Received Apra 15, 201)9
Under the American Recovery and Reinvestment Act (ARRA)
complete an investigation under this section in time to submit a report
within the 180-day period specified under subparagraph (A) and the
person submitting the complaint agrees to an extension of time, the
inspector general shall submit a report under paragraph (1) within such
additional period of time as shall be agreed upon between the inspector
general and the person submitting the complaint.
(ii) EXTENSION GRANTED BY INSPECTOR GENERAL -If the inspector
general is unable to complete an investigation under this section in
time to submit a report within the 180day period specified under
subparagraph (A), the inspector general may extend the period for not
more than 180 days without agreeing with the person submitting the
complaint to such extension, provided that the inspector general
provides a written explanation (subject to the authority to exclude
information under paragraph (4)(C)) for the decision, which shall be
provided to both the person submitting the complaint and the non-
Federal employer.
(iii) SEMI-ANNUAL REPORT ON EXTENSIONS -The inspector general
shall include in semi-annual reports to Congress a list of those
investigations fer which the inspector general received an extension.
(3) DISCRETION NOT TO INVESTIGATE COMPLAINTS-
(A) IN GENERAL -The inspector general may decide not to conduct or
continue an investigation under this section upon providing to the person
submitting the complaint and the non-Federal employer a written
explanation (subject to the authority to exclude information under
paragraph (4)(C)) for such decision.
(B) ASSUMPTION OF RIGHTS TO CIVIL REMEDY -Upon receipt of an
explanation of a decision not to conduct or continue an investigation under
subparagraph (A), the person submitting a complaint shall immediately
assume the right to a civil remedy under subsection (c)(3) as if the 210-
day period specified under such subsection has already passed.
(C) SEMI-ANNUAL REPORT -The inspector general shall include in semi-
annual reports to Congress a list of those investigations the inspector
general decided not to conduct or continue under this paragraph.
(4) ACCESS TO INVESTIGATIVE FILE OF INSPECTOR GENERAL-
(A) IN GENERAL -The person alleging a reprisal under this section shall have
access to the investigation file of the appropriate inspector general in
accordance with section 552a of title 5, United States Code (commonly
referred to as the .Privacy Act`). The investigation of the inspector general
shall be deemed closed for purposes of disclosure under such section
when an employee files an appeal to an agency head or a court of
competent jurisdiction.
Guidance to State Agencies Regarding Funds Received Apr .i 16. 2009 5$
Under the American Recovery and Reinvestment Act (ARRA)
(B) CIVIL ACTION -In the event the person alleging the reprisal brings suit
under subsection (c)(3), the person alleging the reprisal and the non-
Federal employer shall have access to the investigative file of the
inspector general in accordance with the Privacy Act.
(C) EXCEPTION -The inspector general may exclude from disclosure-
(i) information protected from disclosure by a provision of law; and
(ii) any additional information the inspector general determines disclosure
of which would impede a continuing investigation, provided that such
information is disclosed once such disclosure would no longer impede
such investigation, unless the inspector general determines that
disclosure of law enforcement techniques, procedures, or information
could reasonably be expected to risk circumvention of the law or
disclose the identity of a confidential source.
(5) PRIVACY OF INFORMATION -An inspector general investigating an alleged
reprisal under this section may not respond to any inquiry or disclose any
information from or about any person alleging such reprisal, except in
accordance with the provisions of section 552a of title 5, United States Code,
or as required by any other applicable Federal law.
(c) Remedy and Enforcement Authority
(1) BURDEN OF PROOF-
(A) DISCLOSURE AS CONTRIBUTING FACTOR IN REPRISAL
(i) IN GENERAL -A person alleging a reprisal under this section shall be
deemed to have affirmatively established the occurrence of the reprisal
if the person demonstrates that a disclosure described in subsection
(a) was a contributing factor in the reprisal.
(ii) USE OF CIRCUMSTANTIAL EVIDENCE -A disclosure may be
demonstrated as a contributing factor in a reprisal for purposes of this
paragraph by circumstantial evidence, including—
(1) evidence that the official undertaking the reprisal knew of the
disclosure; or
(10 evidence that the reprisal occurred within a period of time after the
disclosure such that a reasonable person could conclude that the
disclosure was a contributing factor in the reprisal.
(B) OPPORTUNITY FOR REBUT1AL -The head of an agency may not find
the occurrence of a reprisal with respect to a reprisal that is affirmatively
established under subparagraph (A) if the non-Federal employer
demonstrates by clear and convincing evidence that the non-Federal
employer would have taken the action constituting the reprisal in the
absence of the disclosure.
Guidance to State Agencies Regarding Funds Received April 16, 2009 3.
Under the American Recovery and Reinvestment Act {ARRA)
(2) AGENCY ACTION -Not later than 30 days after receiving an inspector
general report under subsection (b), the head of the agency concerned shall
determine whether there is sufficient basis to conclude that the non-Federal
employer has subjected the complainant to a reprisal prohibited by subsection
(a) and shall either issue an order denying relief in whole or in part or shall
take 1 or more of the following actions:
(A) Order the employer to take affirmative action to abate the reprisal.
(B) Order the employer to reinstate the person to the position that the person
held before the reprisal, together with the compensation (including back
pay), compensatory damages, employment 'benefits, and other terms and
conditions of employment that would apply to the person in that position if
the reprisal had not been taken.
(C) Order the employer to pay the complainant an amount equal to the
aggregate amount of all costs and expenses (including attorneys' fees and
expert witnesses fees) that were reasonably incurred by the complainant
for, or in connection with, bringing the complaint regarding the reprisal, as
determined by the head of the agency or a court of competent jurisdiction.
(3) CIVIL ACTION -If the head of an agency issues an order denying relief in
whole or in part under paragraph (1), has not issued an order within 210 days
after the submission of a complaint under subsection (b), or in the case of an
extension of time under subsection (b)(2)(13)(0, within 30 days after the
expiration of the extension of time, or decides under subsection (b)(3) not to
investigate or to discontinue an investigation, and there is no showing that
such delay or decision is due to the bad faith of the complainant, the
complainant shall be deemed to have exhausted all administrative remedies
with respect to the complaint, and the complainant may bring a de novo
action at law or equity against the employer to seek compensatory damages
and other relief available under this section in the appropriate district court of
the United States, which shall have jurisdiction over such an action without
regard to the amount in controversy. Such an action shall, at the request of
either party to the action, be tried by the court with a jury.
(4) JUDICIAL ENFORCEMENT OF ORDER -Whenever a person fails to comply
with an order issued under paragraph (2), the head of the agency shall fie an
action for enforcement of such order in the United States district court for a
district in which the reprisal was found to have occurred. In any action brought
under this paragraph, the court may grant appropriate relief, including
injunctive relief, compensatory and exemplary damages, and attorney's fees
and costs.
Guidance to State Agencies Regarding Funds Received 16. 2009
Unner the American Recovery and Reinvestment Act (ARRA)
(5) JUDICIAL REVIEW -Any person adversely affected or aggrieved by an order
issued under paragraph (2) may obtain review of the order's conformance
with this subsection, and any regulations issued to carry out this section, in
the United States court of appeals fcr a circuit in which the reprisal is alleged
in the order to have occurred. No petition seeking such review may be filed
more than 60 days after issuance of the order by the head of the agency.
Review shali conform to chapter 7 of title 5, United States Code.
(d) Nonenforceability of Certain Provisions Waiving Rights and Remedies or
Requiring Arbitration of Disputes-
(1) WAIVER OF RIGHTS AND REMEDIES -Except as provided under paragraph
(3), the rights and remedies provided for in this section may not be waived by
any agreement, policy, form, or condition of employment, including by any
predispute arbitration agreement.
(2) PRE DISPUTE ARBITRATION AGREEMENTS -Except as provided under
paragraph (3), no predispute arbitration agreement shall be valid or
enforceable if it requires arbitration of a dispute arising under this section.
(3) EXCEPTION FOR COLLECTIVE BARGAINING AGREEMENTS -
Notwithstanding paragraphs (1) and (2), an arbitration provision in a collective
bargaining agreement shall be enforceable as to disputes arising under the
collective bargaining agreement.
(e) Requirement to Post Notice of Rights and Remedies -Any employer receiving
covered funds shall post notice of the rights and remedies provided under this
sectIon.
(f) Rules of Construction-
(1) NO IMPLIED AUTHORITY TO RETALIATE FOR NON-PROTECTED
DISCLOSURES -Nothing in this section may be construed to authorize the
discharge of, demotion of, or discrimination against an employee for a
disclosure other than a disclosure protected by subsection (a) or to modify or
derogate from a right or remedy otherwise available to the employee.
(2) RELATIONSHIP TO STATE LAWS -Nothing in this section may be construed
to preempt, preclude, or limit the protections provided for public or private
employees under State whistleblower laws.
(g) Definitions -In this section:
(1) ABUSE OF AUTHORITY -The term 'abuse of authority' means an arbitrary
and capricious exercise of authority by a contracting official or employee that
adversely affects the rights of any person, or that results in personal gain or
advantage to the official or employee or to preferred other persons.
(2) COVERED FUNDS -The term 'covered funds' means any contract. grant. or
other payment received by any non-Federal employer if--
(A) the Federal Government provides any portion of the money or property
that is provided, requested, or demanded: and
(B) at least some of the funds are appropriated or otherwise made available
by this Act.
(3) EMPLOYEE -The term 'employee"-
Guidance ha State Agencies Regarding Funds Received Aril 16, 2009 3N
Under the American Recevery and Reinvestment Act (ARRA1
(A) except as provided under subparagraph (8), means an individual
performing services on behalf of an employer; and (8) does not include
any Federal employee or member of the uniformed services (as that term
is defined in section 101(a)(5) of title 10, United States Code).
(4) NON-FEDERAL EMPLOYER -The term 'non-Federal employer'--
(A) means any employer-
(i) with respect to covered funds-
(I) the contractor, subcontractor, grantee, or recipient, as the case
may be, if the contractor, subcontractor, grantee, or recipient is an
employer; and
(II) any professional membership organization, certification or other
professional body, any agent or licensee of the Federal
government, or any person acting directly or indirectly in the
interest of an employer receiving covered funds; or
(ii) with respect to covered funds received by a State or local government,
the State or local government receiving the funds and any contractor Of
subcontractor of the State or local government: and
(B) does not mean any department, agency, or other entity of the Federal
Government.
(5) STATE OR LOCAL GOVERNMENT -The term 'State or local government'
means--
(A) the government of each of the several States, the District of Columbia, the
Commonwealth of Puerto Rico, Guam, American Samoa, the Virgin
islands, the Commonwealth of the Northern Mariana Islands, or any other
territory or possession of the United States; or
(B) the government of any political subdivision of a government listed in
subparagraph (A).
Sec. 1554. Special Contracting Provisions.
To the maximum extent possible, contracts funded under this Act shall be awarded
as fixed-price contracts through the use of competitive procedures. A summary of
any contract awarded with such funds that is not fixed-price and not awarded using
competitive procedures shall be posted in a special section of the website
established in section 1526.
TITLE XVI--GENERAL PROVISIONS--THIS ACT
RELATIONSHIP TO OTHER APPROPRIATIONS
Sec. 1601. Each amount appropriated or made available in this Act is in addition to
amounts otherwise appropriated for the fiscal year involved. Enactment of this Act
shall have no effect on the availability of amounts under the Continuing
Appropriations Resolution, 2009 (division A of Public Law 110-329).
Guidance t3 State Agencies Regarding Funds Received Aprif 16, 2009
Under the Aniefican Recovery and Reinvestrnent Act (ARRA)
PREFERENCE FOR QUICK-START ACTIVITIES
SEC. 1602. In using funds made available in this Act for infrastructure investment,
recipients shall give preference to activities that can be started and completed
expeditiously, including a goal of using at feast 50 percent of the funds for activities
that can be initiated not later than 120 days after the date of the enactment of this
Act. Recipients shall also use grant funds in a manner that maximizes job creation
and economic benefit.
PERIOD OF AVAILABILITY
SEC. 1603. All funds appropriated in this Act shall remain available for obligation
until September 30, 2010, unless expressly provided otherwise in this Act.
LIMIT ON FUNDS
SEC. 1604. None of the funds appropriated or otherwise made available in this Act
may be used by any State or local government. or any private entity, for any casino
or other gambling establishment, aquarium, zoo, golf course, or swimming pool.
BUY AMERICAN
Sec. 1605. Use of American iron, Steel, and Manufactured Goods. (a) None of the
funds appropriated or otherwise made available by this Act may be used for a
project for the construction, alteration, maintenance, or repair of a public building or
public work unless all of the iron, steel, and manufactured goods used in the project
are produced in the United States,
(b) Subsection (a) shall not apply in any case or category of cases in which the head
of the Federal department or agency involved finds that--
(1) applying subsection (a) would be inconsistent with the public interest;
(2) iron, steel, and the relevant manufactured goods are not produced in the
United States in sufficient and reasonably available quantities and of a
satisfactory quality; or
(3) inclusion of iron, steel, and manufactured goods produced in the United
States will increase the cost of the overall project by more than 25 percent.
(c) If the head of a Federal department or agency determines that it is necessary to
waive the application of subsection (a) based on a finding under subsection (b),
the head of the department or agency shall publish in the Federal Register a
detaiied written justification as to why the provision is being waived.
(d) This section shall be applied in a manner consistent with United States
obligations under international agreements.
WAGE RATE REQUIREMENTS
SEC. 1606. Notwithstanding any other provision of law and in a manner consistent
with other provisions in this Act, all laborers and mechanics employed by contractors
and subcontractors on projects funded directly by or assisted in whole or n part by
and through the Federal Government pursuant to this Act shall be paid wages at
rates not less than those prevailing on projects of a character similar in the locality
as determined by the Secretary of Labor in accordance with subchapter IV of
chapter 31 of title 40, United States Code. With respect to the labor standards
Guidance to State Agencies Regarding FunuN Received
Under the American Recovery and Reinvestment Act (ARRA)
40 April 16. 2009
specified in this section, the Secretary of Labor shall have the authority and
functions set forth in Reorganization Plan Numbered 14 of 1950 (64 Stat. 1267; 5
U.S.C. App.) and section 3145 of title 40, United States Code.
ADDITIONAL FUNDING DISTRIBUTION AND ASSURANCE OF APPROPRIATE USE
OF FUNDS
SEC. 1607. (a) Certification by Governor -Not later than 45 days after the date of
enactment of this Act, for funds provided to any State or agency thereof, the
Governor of the State shall certify that: (1) the State will request and use funds
provided by this Act; and (2) the funds will be used to create jobs and promote
economic growth.
(b) Acceptance by State Legislature -If funds provided to any State in any division of
this Act are not accepted for use by the Governor, then acceptance by the State
legislature, by means of the adoption of a concurrent resolution, shall be
sufficient to provide funding to such State.
(c) Distribution -After the adoption of a State legislature's concurrent resolution,
funding to the State will be far distribution to local governments, councils of
government, public entities, and public-private entities within the State either by
formula or at the State's discretion.
ECONOMIC STABILIZATION CONTRACTING
SEC. 1608. REFORM OF CONTRACTING PROCEDURES UNDER EESA. Section
107(b) of the Emergency Economic Stabilization Act of 2008 (12 U.S.C. 5217(b)) is
amended by inserting 'and individuals with disabilities and businesses owned by
individuals with disabilities (for purposes of this subsection the term 'individual with
disability' has the same meaning as the term 'handicapped individual' as that term is
defined in section 3(f) of the Small Business Act (15 U.S.C. 632(f)),' after '(12 U.S.C.
1441a(r)(4))',
SEC. 1609. (a) FINDINGS-
(1) The National Environmental Policy Act protects public health, safety and
environmental quality: by ensuring transparency, accountability and public
involvement in federal actions and in the use of public funds;
(2) When President Nixon signed the National Environmental Policy Act into law
on January 1, 1970, he said that the Act provided the 'direction' for the
country to 'regain a productive harmony between man and nature':
(3) The National Environmental Policy Act helps to provide an orderly process for
considering federal actions and funding decisions and prevents ligation and
delay that would otherwise be inevitable and existed prior to the
establishment of the National Environmental Policy Act.
Guidance to State Agencies Regarding Funds Received April 16 2009 4 ;
Under the American Recovery and Reirtvestifieut Ad (ARRA}
(a) Adequate resources within this bill must be devoted to ensuring that applicable
environmental reviews under the National Environmental Policy Act are
completed on an expeditious basis and that the shortest existing applicable
process under the National Environmental Policy Act shall be utilized.
(b) The President shall report to the Senate Environment and Public Works
Committee and the House Natural Resources Committee every 90 days following
the date of enactment until September 30, 2011 on the status and progress of
projects and activities funded by this Act with respect to compliance with National
Environmental Policy Act requirements and documentation.
SEC. 1610. (a) None of the funds appropriated or otherwise made available by this
Act, for projects initiated after the effective date of this Act, may be used by an
executive agency to enter into any Federal contract unless such contract is entered
into in accordance with the Federal Property and Administrative Services Act (41
U.S.C. 253) or chapter 137 of title 10, United States Code, and the Federal
Acquisition Regulation, unless such contract is otherwise authorized by statute to be
entered into without regard to the above referenced statutes.
(b) Al] projects to be conducted under the authority of the Indian Self-Determination
and Education Assistance Act, the Tribally-Controlled Schools Act, the Sanitation
and Facilities Act, the Native American Housing and Self-Determination
Assistance Act and the Buy-Indian Act shall be identified by the appropriate
Secretary and the appropriate Secretary shall incorporate provisions to ensure
that the agreement conforms with the provisions of this Act regarding the timing
for use of funds and transparency, oversight, reporting, and accountability,
including review by the Inspectors General, the Accountability and Transparency
Board, and Government Accountability Office, consistent with the objectives of
this Act.
Sec. 1611. Hiring American Workers in Companies Receiving TARP Funding. (a)
SHORT TITLE -This section may be cited as the 'Employ American Workers Act'.
(b) PROHIBITION-
(1) IN GENERAL -Notwithstanding any other provision of law, it shall be unlawful
for any recipient of funding under title I of the Emergency Economic
Stabilization Act of 2008 (Public Law 110-343) or section 13 of the Federal
Reserve Act (12 U.S.C. 342 et seq.) to hire any nonimmigrant described in
section 101(a)(15)(h)(i)(b) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(15)(h)(i)(b)) unless the recipient is in compliance with the
requirements for an H-1B dependent employer (as defined in section
212(n)(3) of such Act (8 U.S.C. 1182(n)(3))), except that the second sentence
of section 212(n)(1 )(E)(ii) of such Act shall not apply.
(2) DEFINED TERM -In this subsection, the term 'hire' means to permit a new
employee to commence a period of employment.
(c) Sunset Provision -This section shall be effective during the 2-year period
beginning on the date of the enactment of this Act. SEC. 1612. During the current
fiscal year not to exceed 1 percent of any appropriation made available by this
Act may be transferred by an agency head between such appropriations fundec
in this Act of that department or agency:
Guidance to State Agencies Regarding Funds Received April 16 2009
Under the American Recovery and Reinvestment Act (ARRA}
Provided, That such appropriations shall be merged with and available for the same
purposes, and for the same time period, as the appropriation to which transferred:
Provided further, That the agency head shall notify the Committees on Appropriations of
the Senate and House of Representatives of the transfer 15 days in advance: Provided
further, That notice of any transfer made pursuant to this authority be posted on the
website established by the Recovery Act Accountability and Transparency Board 15
days following such transfer: Provided further, That the authority contained in this
section is in addition to transfer authorities otherwise available under current law:
Provided further, That the authority provided in tWs section shall not apply to any
appropriation that is subject to transfer provisions included elsewhere in this Act.
Guidance to State Agoncies Re9arcling Funds Received April 15 2005 43
Under the American Recovery arid Reinvestment Act (ARRA)
FISCAL NOTE (MISC. #09267) November 12, 2009
BY: Finance Committee, Tom Middleton, Chairperson
IN RE: SHERIFF'S OFFICE — 2009 - 2012 EXPANDED JAIL ALLIANCE WITH SUPPORT FOR
INMATES (JAWS) BYRNE JAG STIMULUS GRANT ACCEPTANCE
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced
resolution and finds:
1. The Michigan Department of Community Health, through the Office of Drug Control Policy, has
awarded renewed grant funding to the Sheriffs Office of $681,648 to continue its Jail Alliance
With Support (JAWS) program that was halted last year.
2. Total grant program funding is $681,648 with no required County match.
3. Funding of $681,648 covers the period July 1, 2009 through September 30, 2012.
4. The Sheriffs Office also received a Letter of Agreement from the Oakland County Community
Mental Health Authority (CMHA) to contribute funding in the amount of $64,468, which partially
funds one (1) GF/GP Full-Time Inmate Caseworker (Pos. #06577) assigned to the Inmate
Program Services.
5. CMHA agrees to provide this contributed funding arrangement for a one-year period from October
1, 2009 through September 30, 2010, at which time this funding arrangement will be evaluated for
extension and renewal
6. The total grant funding of $681,648 provides for the creation of two (2) SR PINE 1,000 hour per
year Inmate Substance Abuse Technican positions in the Sheriffs Department/Corrective
Services Division, Inmate Program Services Unit.
7 Funding for one (1) GF/GP FTE Inmate Caseworker (Pos. #4030320-10729) is changed from
CMHA funding to Michigan Department of Community riealtr) grant handing.
8. The grant award also funds $5,000 for Travel and Conference, $10,630 for Supplies and
Materials, and $219,698 for Contractual Services from CMHA to perform treatment readiness
groups.
9. A budget amendment to the Fiscal Year 2010. 2011, and 2012 Special Revenue budgets is
recommended to recognize acceptance of the renewed grant funding as detailed in the attached
Schedule.
FINANCE COMMITTEE
FINANCE COMMITTEE
Motion carried unanimously on a roll call vote with Potter absent.
/Viz i 0
Resolution #09267 November 12, 2009
Moved by Middleton supported by Gershenson the resolutions (with fiscal notes attached) on the
amended Consent Agenda be adopted (with accompanying reports being accepted).
AYES: Capelio, Coulter, Douglas, Gershenson, Gingeil, Gosselin, Greimel, Hatchett, Jackson,
Jacobsen, Long, McGillivray, Middleton, Nash, Potter, Potts, Runestad. Schwartz, Scott, Taub,
Woodward, Zack, Bullard, Burns. (24)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the amended
Consent Agenda were adopted (with accompanying reports being accepted).
I HEREBY APPROVE THE FOREGOING RESOLUTION
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I, Ruth Johnson, Clerk of the County of Oakland, do hereby certify that the foregoing resolution is a true
and accurate copy of a resolution adopted by the Oakland County Board of Commissioners on November
12, 2009. with the original record thereof now remaining in my office.
In Testimony Whereof. i have hereunto set my hand and affixed the seal of the County of Oakland at
Pontiac, Michigan this 12th day of November, 2009.
eat
Ruth Johnson, County Clerk