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ATTACHMENT E 2009 -SB -B9 -0271 <br />25. RECOVERY ACT — Limit on Funds (Recovery Act, section 1604) <br />The recipient agrees that none of the funds under this award may be used by any State or local government, or any private <br />entity, for construction costs or any other support of any casino or other gambling establishment, aquarium, zoo, golf <br />course, or swimming pool. <br />26. RECOVERY ACT -- Infrastructure Investment (Recovery Act, sections 1511 and 1602) <br />The recipient agrees that it may not use any funds made available under this Recovery Act award for infrastructure <br />investment absent submission of a satisfactory certification under section 1511 of the Recovery Act. Should the recipient <br />decide to use funds for infrastructure investment subsequent to award, the recipient must submit appropriate certifications <br />under section 1511 of the Recovery Act and receive prior approval from OJP. In seeking such approval, the recipient <br />shall give preference to activities that can be started and completed expeditiously, and shall use award funds in a manner <br />that maximizes job creation and economic benefits. The text of the Recovery Act (including sections 1511 and 1602) is <br />available at www.ojp.usdoj.gov /recovery. <br />27. RECOVERY ACT - Buy American Notification (Recovery Act, section 1605) <br />The recipient understands that this award is subject to the provisions of section 1605 of the Recovery Act ( "Buy <br />American "). No award funds may be used for iron, steel, or manufactured goods for a project for the construction, <br />alteration, maintenance, or repair of a public building or public work, unless the recipient provides advance written <br />notification to the OJP program office, and a Grant Adjustment Notice is issued that modifies this special condition to <br />add government -wide standard conditions (anticipated to be published in subpart B of 2 C.F.R. part 176) that further <br />implement the specific requirements or exceptions of section 1605. <br />Section 1605 of the Recovery Act prohibits use of any Recovery Act funds for a project for the construction, <br />alteration, maintenance, or repair of a public building or public work unless all of the iron, steel, and. manufactured <br />goods used in the project are produced in the United States, subject to certain exceptions, including United States <br />obligations under international agreements. <br />For purposes of this special condition, the following definitions apply: <br />"Public building" and "public work" means a public building of, and a public work of, a governmental entity (the United <br />States; the District of Columbia; commonwealths, territories, and minor outlying islands of the United States; State and <br />local governments; and multi- State, regional, or interstate entities which have governmental functions). These <br />buildings and works may include, without limitation, bridges, dams, plants, highways, parkways, streets, subways, tunnels, <br />sewers, mains, power lines, pumping stations, heavy generators, railways, airports, terminals, docks, piers, wharves, <br />ways, lighthouses, buoys, jetties, breakwaters, levees, and canals, and the construction, alteration, maintenance, or <br />repair of such buildings and works. <br />"Manufactured good" means a good brought to the construction site for incorporation into the building or work that has <br />been- - <br />(1) Processed into a specific form and shape; or <br />(2) Combined with other raw material to create a material that has different properties than the properties of the <br />individual raw materials. <br />"Steel" means an alloy that includes at least 50 percent iron, between .02 and 2 percent carbon, and may include other <br />elements. <br />For purposes of OJP grants, projects involving construction, alteration, maintenance, or repair of jails, detention <br />facilities, prisons, public crime victims' shelters, police facilities, or other similar projects will likely trigger this <br />provision. <br />NOTE: The recipient is encouraged to contact the OJP program manager - in advance - with any questions concerning <br />this condition, including its applicability to particular circumstances. <br />7 of 8 <br />