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3 <br /> 083109 <br /> the American Recovery and Reinvestment Act of 2009,Pub.L. 111-5. Covered Funds will have special <br /> accounting codes and will be identified as Recovery Act funds in the grant,cooperative agreement or TIA <br /> and/or modification using Recovery Act funds. Covered Funds must be reimbursed by September 30, <br /> 2015. <br /> Non-Federal employer means any employer with respect to covered funds—the contractor,subcontractor, <br /> grantee,or recipient,as the case may be,if the contractor,subcontractor,grantee,or recipient is an <br /> employer;and any professional membership organization,certification of other professional body,any <br /> agent or licensee of the Federal government,or any person acting directly or indirectly in the interest of an <br /> employer receiving covered funds;or with respect to covered funds received by a State or local <br /> government,the State or local government receiving the funds and any contractor or subcontractor <br /> receiving the funds and any contractor or subcontractor of the State or local government;and does not <br /> mean any department,agency,or other entity of the federal government. <br /> Recipient means any entity that receives Recovery Act funds directly from the Federal government <br /> (including Recovery Act funds received through grant,loan,or contract)other than an individual and <br /> includes a State that receives Recovery Act Funds. <br /> Special Provisions <br /> A. Flow Down Requirement <br /> Recipients must include these special terms and conditions in any subaward. <br /> B. Segregation of Costs <br /> Recipients must segregate the obligations and expenditures related to funding under the Recovery Act. <br /> Financial and accounting systems should be revised as necessary to segregate,track and maintain these <br /> funds apart and separate from other revenue streams. No part of the funds from the Recovery Act shall <br /> be commingled with any other funds or used for a purpose other than that of making payments for <br /> costs allowable for Recovery Act projects. <br /> Prohibition on Use of Funds <br /> None of the funds provided under this agreement derived from the American Recovery and <br /> Reinvestment Act of 2009,Pub.L. 111-5,may be used by any State or local government,or any <br /> private entity,for any casino or other gambling establishment,aquarium,zoo,golf course,or <br /> swimming pool. <br /> C. Access to Records <br /> With respect to each financial assistance agreement awarded utilizing at least some of the funds <br /> appropriated or otherwise made available by the American Recovery and Reinvestment Act of 2009, <br /> Pub.L. 111-5, any representative of an appropriate inspector general appointed under section 3 or 8G <br /> of the Inspector General Act of 1988(5 U.S.C.App.)or of the Comptroller General is authorized— <br /> (1) to examine any records of the contractor or grantee,any of its subcontractors or subgrantees,or <br /> any State or local agency administering such contract that pertain to,and involve transactions <br /> relation to,the subcontract,subcontract,grant,or subgrant;and <br /> (2) to interview any officer or employee of the contractor,grantee,subgrantee,or agency regarding <br /> such transactions. <br /> D. Publication <br /> An application may contain technical data and other data,including trade secrets and/or privileged or <br /> Not Specified/Other 8 <br /> 18 <br />