RES 223 Draft 01 2008-2010 - Laserfiche WebLink

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wn~»an Department of Justice f' av ~ ~` 3 Office of Justice Programs AWARD CONTINUATION . q Bureau of Justice Assistance SHEET rncE 9 of io ~' °"' J Grant '~ n PROJECT NUMBER 2009-SB-B9-2407 AWARD DATE 0]/13/1009 SPECIAL CONDITIONS 28. RECOVERY ACT- Wage Rale Requirements under Section 1606 of the Recovery Acl (a) Section 1606 of the Recovery Ac[ requires that all laborers and mechanics employed by contractors and subcontractors on projects funded directly by or assisted in whole or in part by and through the Fedeml Government pursuant [o the Recovery Act shall be paid wages al rates not less than those prevailing on projects of a character similar in the locality as determined by ehe Secretary of Labor in accordance with subchapter IV of chapter 31 of title 40, United States Code. Pursuant to Reorganization Plan No. 14 and the Copeland Act, 40 U.S.C. 3145, the Department of Labor has issued regulations at 29 CFR Parts 1, 3, and 5 to implement the Davis-Bacon and related Acts. Regulations in 29 CFR 5.5 instruct agencies conceming application of the standard Davis-Bacon contract clauses set forth in that section. The standard Davis-Bacon contract clauses found in 29 CFR 5.5(a) are to be incorporated in any covered contracts made under this award that are in excess o($2,000 Cor cons[rnetion, alteration or repair (including painting and decom[ing). (b) For additional guidance on the wage rate requirements of section 1606, contact your awarding agency. Recipients of grants, cooperative agreements and loans should direct their initial inquiries conceming the application oCDavis-Bacon requirements to a particular federally assisted project to [he Federal agency funding the project. The Secretary of Labor retains final coverage authority under Reorganization Plan Number 14. 29. RECOVERY ACT- NEPA and Related Laws The recipient understands that all OJP awards are subject to [he National Environmental Policy Act (NEPA, 42 U.S.C. section 4321 et seq.) and other related Federal laws (including the National Historic Preservation Act), if applicable. The recipient agrees [o assist OJP in carrying out its responsibilities under NEPA and related laws, if the recipient plans to use Recovery Act funds (directly or through subaward or contract) to undertake any activity that triggers these requirements, such as renovation or construction (See 28 C.F.R. Part 61, App. D.) The recipient also agrees to comply with all Federal, Stale, and local environmental laws and regulations applicable to the development and implementation of the activities to be Cunded under [his award. 30. RECOVERY ACT-Misuse of award funds The recipient understands and agrees that misuse of award funds may result in a range of penalties, including suspension of torten[ and future funds, suspension or debarment from federal grants, recoupment of monies provided under an award, and civil and/or criminal penalties. 31. RECOVERY ACT- Additional Requirements and Guidance The recipient agrees to comply with any modifications or additional requirements that may be imposed by law and furore OJP (including government-wide) guidance and clarifications of Recovery Act requirements. 32. RECOVERY ACT- JAG -Delinquent section 1512(c) repots The recipient acknowledges that it has certified that it will comply with all reporting requirements under section 1512(c) of the Recovery Act (An online reporting mechanism is anticipated to be available for award recipient use by October 10, 2009.) Further to this certification, a failure to comply with the section 1512(c) reporting requirements may, in addition to other penalties, subject the recipient to the following: (1) After failure to report section 1512(e) data for two consecutive reporting periods, the recipient may be- (a) precluded from drawing dawn funds under any O1P award, and/or (b) deemed ineligible for fuure discretionary O1P awards, until such time as [he recipient becomes current in its section 1512(c) reporting obligations; and (2) After failure to report section 1512(c) data for three consecutive reporting periods, the recipient, upon written demand of the Director of B1A, shall velum [o O1P any unexpended award funds (including any unexpended interest earned on award Cunds) within 15 calendar days of the date of the demand notice. ThereaHer, the recipient's award shall be converted to acost-reimbursable grant until such time as the recipient becomes torten[ in its section 1512(c) reporting obligations, and remains current for no[ less than two additional consecutive reporting periods. OJP FOAM 4000/2 (REV. 4-88)