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Exhibit H
<br /> SUPPLEMENTAL TERMS AND CONDITIONS FOR
<br /> CONTRACTS USING ARRA FUNDS
<br /> t. ARRA FUNDED PROJECT: Funding for this contrad h�as been provided�through the American Recovery and Reinvestment Act (ARRA) of
<br /> 2009, Pub. L. 111-5. All contradors, including both prime and are subject to audit by appropriate federal or State of
<br /> Califomia (State) entities. The State has the nght to cancel, terminate, or suspend the contract if any contrador or subcontrador failsdo
<br /> � comply with the reporting and operetional requirements contained herein. . �
<br /> 2. ENFORCEABILITY: Contrador agrees that if Contractor or one of its subcontractors fails to comply with all applicable federal and State
<br /> requirements governing the use of ARRA funds, the State may withhold or suspend, in whole or in part, funds awarded under the
<br /> program, or recover misspent funds following an audit. This provision is in addition to all other remedies available to the State under all
<br /> applicable State and federal laws. � �
<br /> 3. PROHIBITION ON USE OF ARftA FUNDS: CoN.ractor agrees in accordance with ARR,4, Section 1604, that none of the funds made
<br /> available under this contract rnay be used for any casino or other gambling establishment, aquarium, zoo, golf course, or swimming
<br /> pools.
<br /> � 4. REl]UIREQ USE OF AMERIC.4N IRON, STEEL AND OTHER MANUFACTURED GOODS: Contractor agrees that in accordance with
<br /> ARRA, Section 1605, neither Contrador nor its subcontracrors will use ARRA funds for a project for the construction, alteration,
<br /> maintenance, or repaii of a public bw!ding ur pubiic vaork unless all of the iron, steel and manufactured goods used in the project are
<br /> produced in the United States in a manner consisten! �vith United States obligations under internaiional agreements. The Contrador
<br /> understands that this requ�rement may only be waived by the applicable federal agency in limited situations as set out in ARRA, Section
<br /> 1605
<br /> 5. WAGE RATE REQUIREMENTS: In accordance with ARRA. Section 1606, the Contractor assures thaf it and its subrecipients shall fully
<br /> comply with said Sedion and notwithstandirsg any other provision of law and in a manner consistent with other provisions of ARRA, aIl
<br /> iaGorers and mechanfcs employed by contracters and subcontractors on projects funded directly by or assisted in whole or in part by and
<br /> through the federal government pursuant to ARRA shall be paid wages at rates not iess than those prevailing on projects of a character
<br /> similar in the locality as determined by the United S'.ztes Secretsry of Labor in accordance with Subchapter IV of Chapter 31 of Title 40,
<br /> , . United States Code (Davis�Bacon Aci). It is understoed ihat the Secretap� of Labor has the authority�and functions set forth in �
<br /> .. Reorganization Plan Nurnbered 14 or 1950 (64 Siat 12E7; 5 U.S.C. FppJ aod Section 3145 of Title 40, United States Code
<br /> I 6: INSPE�TION OF RF_COR.US: In accurda�ce with ARRA Seci;ons 902, 1514 and 1515, Contractor rgrees that it shall permit the State of
<br /> Cali`o*nia, the Un�ted St�tes Co�Tintre:ler Generai or his representative or the appropriate inspector Gener�l appointed under Section 3 or
<br /> , 8G cf the Un:!eo Statza Inspedc; Gerer3l:�.c,k of � i.'A a his rPpresenta?iue to: (1) examine any r2wrds that directly to, and
<br /> i involve traoszoLor,s relating ru, ih�s cor�trac!; and (2) 5iterview any officer ur employee o' Contractor or any of its subcontractors
<br /> 4agarding the acririties funded with funds appropriated or othenvise ;nade availabie by the ARRFl. Contractor shall include this provision
<br /> in all of tY�e contrador's agrEements with �ts subrontractors from whom the contracicr acguires goods or services in its execution of the
<br /> � ARRA Tunded wo;k. �
<br /> 7. WHtS'iLE6LOW ER PftOTECTIQN: Gantrac:ror ag;ees iha: both it and iis subcontractors shall comply with Sedion 1553 of the ARRA,
<br /> which prohibits al! non-federal Cuntraciors, including !he State, and all �onhactors of the State, from discharging, demoting or otherwise
<br /> .discriminatir.g against an employee for disdosures by the employee that the employee reasonably believes are evidence of. (1) gross
<br /> mismanagement of a contract relating to ARRA funds; (2) a gross waste of ARRA funds; (3) a substantial and specific danger to public
<br /> health or sat��ty relaced to the imp!ementatio!� nr use uf SRRA funds; (4) an abuse of authority related to or use of ARRA
<br /> furids; or �5) a viol�tion at lavr, rule, or regulaLon ralatea to an agenr.y contrad (induding tFie competition for or negotiation of a contrect)
<br /> awarded or issued relating to ARRA funcis. ContraMcr agrees that it and ds subcontractors shall post notice of the rights and remedies
<br /> availabie to employees under Section 1553 of Title X'J of Division A of the ARRA. .
<br /> 8. FALSE CLAIMS ACT: Contractor agrees that it shall promptly notify the State and shall refer to an appropriate federal inspector general
<br /> any credible evidence that a principal, employee, agent, subcontractor or other person has committed a false claim under the False �
<br /> Claims ,4ct c�r has committed a crimiral or civil vioiaf�on of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar
<br /> misconduct �nvch•ing A.RRA funds.
<br /> 9. REPORTING REQUIREMENTS: Pursuant to Section 15?2 of the ARRA, �in order for state agencies receiving ARRA funds to prepare the
<br /> required reports, Contractor agrees to provide the awarding state agency with the following information on a monthly (quarterly) basis: �
<br /> a. ihe total amount of ARRA funds received by Contractor during the Reporting Period
<br /> b. The amount of ARRA funds that were expended or obtigated during the Repo�ting Period;
<br /> c. A detailed list of all projects or activities for which ARRA funds were expending or obligated, including �
<br /> 8/10/09
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