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2021-070
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Last modified
6/25/2021 4:10:51 PM
Creation date
6/24/2021 1:17:26 PM
Metadata
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Template:
Official Documents
Official Document Type
Agreement
Approved Date
05/04/2021
Control Number
2021-070
Agenda Item Number
8.K.
Entity Name
Federal Emergency Management Agency (FEMA)
Subject
Jones’ Pier Conservation Area Public Improvements Hazard Mitigation Assistance
Federally-funded Sub Award and Grant Agreement No. H0566
Project Number
4283-91-R
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construction contracts pursuant to the Executive order and will carry out such sanctions and penalties for <br />violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the <br />administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive order. In <br />addition, the Sub -Recipient agrees that if it fails or refuses to comply with these. undertakings, the <br />administering agency may take any or all of the following actions: cancel, terminate, or suspend in whole <br />or in part this grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to <br />the Sub -Recipient under the program with respect to which the failure or refund occurred until satisfactory <br />assurance of future compliance has been received from such Sub -Recipient; and refer the case to the <br />Department of Justice for appropriate legal proceedings. <br />(27) COPELAND ANTI -KICKBACK ACT <br />The Sub -Recipient hereby agrees that, unless exempt under Federal law, it will <br />incorporate or cause to be incorporated into any contract for construction work, or modification thereof, <br />the following clause: <br />i. Contractor. The contractor shall comply with 18 U.S.C. § 874, <br />40 U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be <br />applicable, which are incorporated by reference into this contract. <br />ii. Subcontracts. The contractor or subcontractor shall insert in any <br />subcontracts the clause above and such other clauses as the FEMA may. <br />by appropriate instructions require, and also a clause requiring the <br />subcontractors to include these clauses in any lower tier subcontracts. <br />The prime contractor shall be responsible for the compliance by any <br />subcontractor or lower tier subcontractor with all of these contract <br />clauses. <br />iii. Breach. A breach of the contract clauses above may be grounds <br />for termination of the contract, and for debarment as a contractor and <br />subcontractor as provided in 29 C.F.R. § 5.12. <br />(28) CONTRACT WORK HOURS AND SAFETY STANDARDS <br />If the Sub -Recipient, with the funds authorized by this Agreement, enters into a contract <br />that exceeds $100,000 and involves the employment of mechanics or laborers, then any such contract <br />must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department <br />of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required <br />to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. <br />Work in excess 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 excess of 40 hours <br />in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide <br />23 <br />
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