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(3) Breach. A breach of the contract clauses above may be grounds for <br />termination of the contract, and for debarment as a Consultant and subcontractor as <br />provided in 29 C.F.R. § 5.12. <br />D. Compliance with the Contract Work Hours and Safety Standards Act (40 <br />U.S.C. 3701-3708). <br />(1) Overtime requirements. No Consultant or subcontractor contracting for <br />any part of the contract work which may require or involve the employment of laborers or <br />mechanics shall require or permit any such laborer or mechanic in any workweek in which <br />he or she is employed on such work to work in excess of forty hours in such workweek <br />unless such laborer or mechanic receives compensation at a rate not less than one and <br />one-half times the basic rate of pay for all hours worked in excess of forty hours in such <br />workweek. <br />(2) Violation; liability for unpaid wages; liquidated damages. In the event of <br />any violation of the clause set forth in paragraph (1) of this section the Consultant and <br />any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, <br />such Consultant and subcontractor shall be liable to the United States (in the case of work <br />done under contract for the District of Columbia or a territory, to such District or to such <br />territory), for liquidated damages. Such liquidated damages shall be computed with <br />respect to each individual laborer or mechanic, including watchmen and guards, <br />employed in violation of the clause set forth in paragraph (1) of this section, in the sum of <br />$10 for each calendar day on which such individual was required or permitted to work in <br />excess of the standard workweek of forty hours without payment of the overtime wages <br />required by the clause set forth in paragraph (1) of this section. <br />(3) Withholding for unpaid wages and liquidated damages. FEMA, or the <br />County shall upon its own action or upon written request of an authorized representative <br />of the Department of Labor withhold or cause to be withheld, from any moneys payable <br />on account of work performed by the Consultant or subcontractor under any such contract <br />or any other Federal contract with the same prime Consultant, or any other federally - <br />assisted contract subject to the Contract Work Hours and Safety Standards Act, which is <br />held by the same prime Consultant, such sums as may be determined to be necessary <br />to satisfy any liabilities of such Consultant or subcontractor for unpaid wages and <br />liquidated damages as provided in the clause set forth in paragraph (2) of this section. <br />(4) Subcontracts. The Consultant or subcontractor shall insert in any <br />subcontracts the clauses set forth in paragraph (1) through (4) of this section and also a <br />clause requiring the subcontractors to include these clauses in any lower tier <br />subcontracts. The prime Consultant shall be responsible for compliance by any <br />subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1) <br />through (4) of this section. <br />E. Rights to Inventions Made Under a Contract or Agreement. If a Federal <br />award meets the definition of "funding agreement" under 37 CFR §401.2 (a) and the <br />recipient or subrecipient wishes to enter into a contract with a small business firm or <br />nonprofit organization regarding the substitution of parties, assignment or performance of <br />experimental, developmental, or research work under that "funding agreement," the <br />recipient or subrecipient must comply with the requirements of 37 CFR Part 401, "Rights <br />13 <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 />