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A TRUE COPY <br />CERTIFICATION ON LAST PAGE <br />J.R. SMITH, CLERK <br />contract terms, and provide for such sanctions and penalties as appropriate. <br />(B) All contracts in excess of $10,000 must address termination for cause and for convenience by <br />the non -Federal entity including the manner by which it will be effected and the basis for <br />settlement. <br />(C) Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all <br />contracts that meet the definition of "federally assisted construction contract" in 41 CFR Part 60- <br />1.3 must include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance <br />with Executive Order 11246, "Equal Employment Opportunity" (30 FR 12319, 12935, 3 CFR Part, <br />1964-1965 Comp., p. 339), as amended by Executive Order 11375, "Amending Executive Order <br />11246 Relating to Equal Employment Opportunity," and implementing regulations at 41 CFR part <br />60, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, <br />Department of Labor." <br />(D) Davis -Bacon Act, as amended (40 U.S.C. 3141-3148). When required by Federal program <br />legislation, all prime construction contracts in excess of $2,000 awarded by non -Federal entities <br />must include a provision for compliance with the Davis -Bacon Act (40 U.S.C. 3141-3144, and 3146- <br />3148) as supplemented by Department of Labor regulations (29 CFR Part 5, "Labor Standards <br />Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction"), In <br />accordance with the statute, contractors must be required to pay wages to laborers and <br />mechanics at a rate not less than the prevailing wages specified in a wage determination made by <br />the Secretary of Labor. In addition, contractors must be required to pay wages not less than once <br />a week. 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 or <br />subcontract must be conditioned upon the acceptance of the wage determination. The non - <br />Federal entity must report all suspected or reported violations to the Federal awarding agency. <br />The contracts must also include a provision for compliance with the Copeland "Anti -Kickback" Act <br />(40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, <br />"Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part <br />by Loans or Grants from the United States"). The Act provides that each contractor or subrecipient <br />must be prohibited from inducing, by any means, any person employed in the construction, <br />completion, or repair of public work, to give up any part of the compensation to which he or she <br />is otherwise entitled. The non -Federal entity must report all suspected or reported violations to <br />the Federal awarding agency. <br />(E) Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable, all <br />contracts awarded by the non -Federal entity in excess of $100,000 that involve the employment <br />of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, <br />as supplemented by Department of Labor regulations (29 CFR Part 5), Under 40 U.S.C. 3702 of the <br />Act, each contractor must be required to compute the wages of every mechanic and laborer on <br />the basis of a standard work week of 40 hours. Work in excess of the standard work week is <br />permissible provided that the worker is compensated at a rate of not less than one and a half <br />times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The <br />requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer <br />or mechanic must be required to work in surroundings or under working conditions which are <br />unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of <br />supplies or materials or articles ordinarily available on the open market, or contracts for <br />transportation or transmission of intelligence. <br />(F) Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the <br />definition of "funding agreement" under 37 CFR § 401.2 (a) and the recipient or subrecipient <br />wishes to enter into a contract with a small business firm or nonprofit organization regarding the <br />9 <br />Agreement #064-2020 <br />Coronavirus Relief Fund (CRF) Funding Agreement <br />