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(5) The Consultant will furnish all information and reports required by <br />Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of <br />the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, <br />and accounts by the administering agency and the Secretary of Labor for purposes of <br />investigation to ascertain compliance with such rules, regulations, and orders. <br />(6) In the event of the Consultant's noncompliance with the <br />nondiscrimination clauses of this contract or with any of the said rules, regulations, or <br />orders, this contract may be canceled, terminated, or suspended in whole or in part and <br />the Consultant may be declared ineligible for further Government contracts or federally <br />assisted construction contracts in accordance with procedures authorized in Executive <br />Order 11246 of September 24, 1965, and such other sanctions as may be imposed and <br />remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by <br />rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. <br />(7) The Consultant will include the portion of the sentence immediately <br />preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every <br />subcontract or purchase order unless exempted by rules, regulations, or orders of the <br />Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of <br />September 24, 1965, so that such provisions will be binding upon each subcontractor or <br />vendor. The Consultant will take such action with respect to any subcontract or purchase <br />order as the administering agency may direct as a means of enforcing such provisions, <br />including sanctions for noncompliance: Provided, however, That in the event a Consultant <br />becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a <br />result of such direction by the administering agency the Consultant may request the <br />United States to enter into such litigation to protect the interests of the United States. <br />B. Davis -Bacon Act as amended (40 U.S.C. 3141-3148). In accordance with <br />the statute, Consultants must be required to pay wages to laborers and mechanics at a <br />rate not less than the prevailing wages specified in a wage determination made by the <br />Secretary of Labor. In addition, Consultants must be required to pay wages for covered <br />workers not less than once a week. The County must place a copy of the current <br />prevailing wage determination issued by the Department of Labor in each solicitation. The <br />decision to award a contract or subcontract must be conditioned upon the acceptance of <br />the wage determination. The non -Federal entity must report all suspected or reported <br />violations to the Federal awarding agency. <br />C. Compliance with the Copeland "Anti -Kickback" Act. <br />(1) Consultant. The Consultant shall comply with 18 U.S.C. § 874, 40 U.S.C. <br />§ 3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are <br />incorporated by reference into this contract. <br />(2) Subcontracts. The Consultant or subcontractor shall insert in any <br />subcontracts the clause above and such other clauses as the FEMA may by appropriate <br />instructions require, and also a clause requiring the subcontractors to include these <br />clauses in any lower tier subcontracts. The prime Consultant shall be responsible for the <br />compliance by any subcontractor or lower tier subcontractor with all of these contract <br />clauses. <br />12 <br />L:\Marketing and Proposals\Proposals\2017\2017-12-1 IRC Sector 7\Draft Contract\2017-12-21 FEMA Beach Consulting <br />Agreement Sector 7—FINAL - with Signatures.docx <br />