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iii. Breach. A breach of the contract clauses above may be grounds <br /> for termination of the contract, and for debarment as a contractor and <br /> subcontractor as provided in 29 C.F.R. § 5.12. <br /> (28)CONTRACT WORK HOURS AND SAFETY STANDARDS <br /> If the Sub-Recipient, with the funds authorized by this Agreement, enters into a contract <br /> that exceeds$100,000 and involves the employment of mechanics or laborers, then any such contract <br /> must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department <br /> of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required <br /> to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. <br /> Work in excess of the standard work week is permissible provided that the worker is compensated at a <br /> rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours <br /> in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide <br /> that no laborer or mechanic must be required to work in surroundings or under working conditions which <br /> are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies <br /> or materials or articles ordinarily available on the open market, or contracts for transportation. <br /> (29)CLEAN AIR ACT AND THE FEDERAL WATER POLLUTION CONTROL ACT <br /> If the Sub-Recipient, with the funds authorized by this Agreement, enters into a contract <br /> that exceeds $150,000, then any such contract must include the following provision: <br /> Contractor agrees to comply with all applicable standards, orders or <br /> regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) <br /> and the Federal Water Pollution Control Act as amended (33 U.S.C. <br /> 1251-1387), and will report violatiorss to FEMA and the Regional Office of <br /> the Environmental Protection Agency (EPA). <br /> (30)SUSPENSION AND DEBARMENT <br /> If the Sub-Recipient, with the funds authorized by this Agreement, enters into a contract, <br /> then any such contract must include the following provisions: <br /> i. This contract is a covered transaction for purposes of 2 C.F.R. <br /> pt. 180 and 2 C.F.R. pt. 3000. As such the contractor is required to <br /> verify that none of the contractor, its principals (defined at 2 C.F.R. § <br /> 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded <br /> (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § <br /> 180.935). <br /> ii. The contractor must comply with 2 C.F.R. pt. 180, subpart C and <br /> 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply <br /> with these regulations in any lower tier covered transaction it enters into. <br /> iii. This certification is a material representation of fact relied upon <br /> by the Division. If it is later determined that the contractor did not comply <br /> with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in <br /> addition to remedies available to the Division, the Federal Government <br /> may pursue available remedies, including but not limited to suspension <br /> and/or debarment. <br /> 24 <br />