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Last modified
3/2/2021 3:23:53 PM
Creation date
7/14/2020 4:01:57 PM
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Template:
Official Documents
Official Document Type
Agreement
Approved Date
07/07/2020
Control Number
2020-125
Agenda Item Number
11.B.
Entity Name
CARES (Coronavirus Aid, relief, and Economic Security) Act
Subject
funding Agreement and spending plan
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iii. Breach. A breach of the contract clauses above may be grounds for termination <br />of the contract, and for debarment as a contractor and subcontractor as provided <br />in 29 C.F.R. § 5.12. <br />(26)CONTRACT WORK HOURS AND SAFETY STANDARDS <br />If the Subrecipient , with the funds authorized by this Agreement, enters into a contract that <br />exceeds $100,000 and involves the employment of mechanics or laborers, then any such <br />contract must include a provision for compliance with 40 U.S.C. 3702 and 3704, as <br />supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 <br />of the Act, each contractor must be required to compute the wages of every mechanic and <br />laborer on the basis of a standard work week of 40 hours. Work in excess of the standard <br />work week is permissible provided that the worker is compensated at a rate of not less than <br />one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the <br />work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and <br />provide that no laborer or mechanic must be required to work in surroundings or under <br />working conditions which are unsanitary, hazardous, or dangerous. These requirements <br />do not apply to the purchases of supplies or materials or articles ordinarily available on the <br />open market, or contracts for transportation. <br />(27)CLEAN AIR ACT AND THE FEDERAL WATER POLLUTION CONTROL ACT <br />a. If the Subrecipient, with the funds authorized by this Agreement, enters into a contract that <br />exceeds $150,000, then any such contract must include the following provision: <br />i. Contractor agrees to comply with all applicable standards, orders or regulations <br />issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal <br />Water Pollution Control Act as amended (33 U.S.C. 1251-1387), and will report <br />violations to FEMA and the Regional Office of the Environmental Protection <br />Agency (EPA). <br />(28)SUSPENSION AND DEBARMENT <br />a. If the Subrecipient, 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. pt. 180 and 2 <br />C.F.R. pt. 3000. As such the contractor is required to verify that none of the <br />contractor, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined <br />at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or <br />disqualified (defined at 2 C.F.R. § 180.935). <br />ii. The contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. <br />3000, subpart C and must include a requirement to comply with these regulations <br />in any lower tier covered transaction it enters into. <br />iii. This certification is a material representation of fact relied upon by the Division. <br />If it is later determined that the contractor did not comply with 2 C.F.R. pt. 180, <br />subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to <br />the Division, the Federal Government may pursue available remedies, including <br />but not limited to suspension and/or debarment. <br />iv. The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. <br />180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and <br />throughout the period of any contract that may arise from this offer. The bidder <br />or proposer further agrees to include a provision requiring such compliance in its <br />lower tier covered transactions. <br />(29)BYRD ANTI -LOBBYING AMENDMENT <br />13 <br />
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