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03/03/2020
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03/03/2020
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8/19/2020 1:17:55 PM
Creation date
5/26/2020 11:58:36 AM
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Meetings
Meeting Type
BCC Regular Meeting
Document Type
Agenda Packet
Meeting Date
03/03/2020
Meeting Body
Board of County Commissioners
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d. The non -Federal entity must place a copy of the current prevailing wage determination <br />issued by the Department of Labor in each solicitation. The decision to award a contract <br />or subcontract must be conditioned upon the acceptance of the wage determination. The <br />non -Federal entity must report all suspected or reported violations to the Federal awarding <br />agency. <br />e. In contracts subject to the Davis -Bacon Act, the contracts must also include a provision for <br />compliance with the Copeland "Anti -Kickback" Act (40 U.S.C. § 3145), as supplemented <br />by Department of Labor regulations at 29 C.F.R. Part 3 (Contractors and Subcontractors <br />on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from <br />the United States). The Copeland Anti- Kickback Act provides that each contractor or <br />subrecipient must be prohibited from inducing, by any means, any person employed in the <br />construction, completion, or repair of public work, to give up any part of the compensation <br />to which he or she is otherwise entitled. The non -Federal entity must report all suspected <br />or reported violations to FEMA. <br />f. Theregulation at 29 C.F.R. § 5.5(a) does provide the required contract clause that: applies <br />to compliance with both the Davis -Bacon and Copeland Acts. However, as discussed in <br />the previous subsection, the Davis -Bacon Act does not apply to Public Assistance <br />recipients and subrecipients. In situations where the Davis -Bacon Act does not apply, <br />neither does the Copeland "Anti -Kickback Act." However, for purposes of grant <br />programs where both clauses do apply, FEMA requires the following contract clause: <br />"Compliance with the Copeland "Anti -Kickback" Act. <br />(1) Contractor. The contractor shall comply with 18 U.S.C. § 874, 40. <br />U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable, <br />which are incorporated by reference into this contract. <br />(2) Subcontracts. The contractor or subcontractor shall insert in any <br />subcontracts the clause above and such other clauses as the FEMA may by <br />appropriate instructions require, and also a clause requiring the subcontractors <br />to include these clauses in any lower tier subcontracts. The prime contractor <br />shall be responsible for the compliance by any subcontractor or lower tier <br />subcontractor with all of these contract clauses. <br />(3) Breach. A breach of the contract clauses above may be grounds for <br />termination of the contract, and for debarment as a contractor and <br />subcontractor as provided in 29 C.F.R. § 5.12." <br />5. Contract Work Hours and Safety Standards Act <br />a. Applicability: This requirement applies to all FEMA grant and cooperative <br />agreement programs. <br />b. Where applicable (see 40 U.S.C. § 3701), all contracts awarded by the non -Federal entity <br />in excess of $100,000 that involve the employment of mechanics or laborers must include <br />a provision for compliance with 40 U.S.C. §§ 3702 and 3704, as supplemented by <br />Department of Labor regulations at 29 C.F.R. Part 5. See 2 C.F.R. Part 200, Appendix , <br />E. <br />c. Under 40 U.S.C. § 3702, each contractor must be required to compute the wages of every <br />mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess <br />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 <br />141 <br />62 <br />
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