Orange County NC Website
Browse       Search
Contract No. TJCOG— CBS -004 <br />ARTICLE 38. PROGRAM INCOME <br />Program income means gross income received by the Contractor which is directly generated from the use of the <br />Agreement award, including but not limited to repayments of funds that had been previously provided to eligible <br />beneficiaries; interest earned on any or all Agreement funds obtained; proceeds derived after the Agreement <br />close out from the disposition of real property acquired with any or all funds provided under this Agreement or <br />interest earned on Program income pending its disposition. <br />The Contractor agrees that all Program income shall be recorded and used in accordance with the rules and <br />regulations of the Program funding source described herein. If at any time changes in the use of Program <br />income is considered, the Contractor must submit a plan detailing the proposed uses of Program income to <br />TJCOG for approval. Should the Contractor decide following Agreement close out to discontinue using <br />Program income for such purposes, the Contractor further agrees to return the Program income balance and any <br />additional Program income accrued to TJCOG by January 31 of the following year. <br />ARTICLE 39. SPECIAL PROVISIONS REGARDING THE AMERICAN RECOVERY AND <br />REINVESTMENT ACT (ARRA) OF 2009 <br />The Contractor agrees to adhere to all Special Provisions included in ATTACHMENT A -1 of this contract. In <br />addition, the following applies: <br />1. The Act: <br />a. Requires the Prime Contractor, the 1 st Tier Sub - Recipient, and the Contractor to comply with <br />all terms and conditions in the Recovery Act relating generally to governance, accountability, <br />transparency, data collection and resources as specified in the Act itself and as discussed below; <br />b. Is not fully developed and its implementing instructions, particularly those concerning specific <br />procedural requirements for the new reporting requirements, may be adjusted. Details regarding <br />these adjustments will be provided as they become available. The Contractor shall comply with <br />all requirements of the Act. If the Contractor believes there is any inconsistency between ARRA <br />requirements and any current award terms and conditions or Special Conditions, the issues will <br />be referred to TJCOG for reconciliation by the DOE Contracting Officer; <br />c. Requires subcontracts, to the maximum extent possible, be awarded as fixed price and through <br />the use of competitive procedures. <br />2. Flow -Down Requirements <br />a. The Contractor is subject to all requirements of these Special Provisions. In addition, the <br />Contractor shall flow these Special Provisions to any and all of its lower -tier subcontractors, <br />particularly as they relate to the following paragraphs for Wage Rates; Publication; <br />Registration; Utilization of Small Business; Segregation and Payment of Costs; and the <br />Certification made part of these Special Provisions. <br />3. Wage Rates <br />a. All laborers and mechanics employed by contractors and subcontractors on projects funded <br />directly by or assisted in whole or in part by and through the Federal Government pursuant to <br />the American Recovery and Reinvestment Act of 2009, Pub. L. 111 -5, shall be paid wages at <br />rates not less than those prevailing on projects of a character similar in the locality as <br />determined by the Secretary of Labor in accordance with subchapter IV of chapter 31 of title 40, <br />United States Code (commonly referred to as the `Davis -Bacon Act'). With respect to the labor <br />standards specified in this section, the Secretary of Labor shall have the authority and functions <br />set forth in Reorganization Plan numbered 14 of 1950 (64 Stat. 1267, 5 U.S.C. App.) and <br />section 3145 of title 40 United States Code. See <br />hitp://www.dol.gov/esa/whd/contracts/dbra.htm. <br />4. Publication <br />Page 10 of 34 <br />