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County County of San Bernardino Information Services Department 670 E Gilbert Street, First Floor San Bernardino, CA 92415-0915 Attn Administration Services X ARRA Funds This Contract may be funded in whole or in part with funds provided by the American Recovery and Reinvestment Act of 2009 ("ARRA"), signed into law on February 17, 2009 Section 1605 of ARRA prohibits the use of recovery funds for a project for the construction, alteration, maintenance or repair of a public building or public work (both as defined in 2 CFR 176 140) unless all of the iron, steel and manufactured goods (as defined in 2 CFR 176 140) used in the project are produced in the United States A waiver is available under three limited circumstances (i) Iron, steel or relevant manufactured goods are not produced in the United States in sufficient and reasonable quantities and of a satisfactory quality, (ii) 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, or (iii) Applying the domestic preference would be inconsistent with the public interest This is referred to as the "Buy American" requirement Request for a waiver must be made to the County for an appropriate determination Section 1606 of ARRA requires that laborers and mechanics employed by contractors and subcontractors on projects funded directly by or assisted in whole or in part by and through the Federal Government pursuant to 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 Secretary of Labor in accordance with the Davis-Bacon Act (40 U S C 31) This is referred to as the "wage rate" requirement The above described provisions constitute notice under ARRA of the Buy American and wage rate requirements Customer must contact the County contact if it has any questions regarding the applicability or implementation of the ARRA Buy American and wage rate requirements Customer will also be required to provide detailed information regarding compliance with the Buy American requirements, expenditure of funds and wages paid to employees so that the County may fulfill any reporting requirements it has under ARRA The information may be required as frequently as monthly or quarterly Customer agrees to fully cooperate in providing information or documents as requested by the County pursuant to this provision Failure to do so will be deemed a default and may result in the withholding of payments and termination of this Contract Customer may also be required to register in the Central Contractor Registration (CCR) database at httq//www ccr aov and may be required to have its subcontractors also register in the same database Customer must contact the County with any questions regarding registration requirements Schedule of Expenditure of Federal Awards In addition to the requirements described in "Use of ARRA Funds and Requirements," proper accounting and reporting of ARRA expenditures in single audits is required Customer agrees to separately identify the expenditures for each grant award funded under ARRA on the Schedule of Expenditures of Federal Awards (SEFA) and the Data Collection Form (SF SAC) required by the Office of Management and Budget Circular A-133, "Audits of States, Local Governments, and Nonprofit Organizations" This identification on the SEFA and SF SAC shall include the Federal award number, the Catalog of Federal Domestic Assistance (CFDA) number, and amount such that separate accountability and disclosure is provided for ARRA funds by Federal award number consistent with the recipient reports required by ARRA Section 1512 (c) In addition, Customer agrees to separately identify to each subcontractor and document at the time of sub contract and at the time of disbursement of funds, the Federal award number, any special CFDA number assigned for ARRA purposes, and amount of ARRA funds Customer may be required to provide detailed information regarding expenditures so that the County may fulfill any reporting requirements under ARRA described in this section The information may be required as frequently as monthly or quarterly Customer agrees to fully cooperate in providing information or documents as requested by the County pursuant to this provision Failure to do so will be deemed a default and may result in the withholding of payments and termination of this Contract Whistleblower Protection Page 8 of iE