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06/15/2021
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06/15/2021
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Last modified
8/26/2021 2:01:46 PM
Creation date
8/26/2021 1:57:21 PM
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Meetings
Meeting Type
BCC Regular Meeting
Document Type
Agenda Packet
Meeting Date
06/15/2021
Meeting Body
Board of County Commissioners
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(1) Contractor. The contractor shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, <br />and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are <br />incorporated by reference into this contract. <br />(2) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the <br />clause above and such other clauses as the FEMA may by appropriate instructions <br />require, and also a clause requiring the subcontractors to include these clauses in <br />any lower tier subcontracts. The prime contractor shall be responsible for the <br />compliance by any subcontractor or lower tier subcontractor with all of these <br />contract clauses. <br />(3) Breach. A breach of the contract clauses above may be grounds for termination of <br />the contract, and for debarment as a contractor and subcontractor as provided in <br />29 C.F.R. § 5.12. <br />D. Compliance with the Contract Work Hours and Safety Standards Act: <br />(1) Overtime requirements. No contractor or subcontractor contracting for any part of <br />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 <br />in which he or she is employed on such work to work in excess of forty hours in <br />such workweek unless such laborer or mechanic receives compensation at a rate <br />not less than one and one-half times the basic rate of pay for all hours worked in <br />excess of forty hours in such workweek. <br />(2) Violation; liability for unpaid wages; liquidated damages. In the event of any <br />violation of the clause set forth in paragraph (1) of this section the contractor and <br />any subcontractor responsible therefor shall be liable for the unpaid wages. In <br />addition, such contractor and subcontractor shall be liable to the United States (in <br />the case of work done under contract for the District of Columbia or a territory, to <br />such District or to such territory), for liquidated damages. Such liquidated damages <br />shall be computed with respect to each individual laborer or mechanic, including <br />watchmen and guards, employed in violation of the clause set forth in paragraph <br />(1) of this section, in the sum of $10 for each calendar day on which such individual <br />was required or permitted to work in excess of the standard workweek of forty hours <br />without payment of the overtime wages required by the clause set forth in paragraph <br />(1) of this section. <br />(3) Withholding for unpaid wages and liquidated damages. The OWNER shall upon its <br />own action or upon written request of an authorized representative of the <br />Department of Labor withhold or cause to be withheld, from any moneys payable <br />on account of work performed by the contractor or subcontractor under any such <br />contract or any other Federal contract with the same prime contractor, or any other <br />federally -assisted contract, subject to the Contract Work Hours and Safety <br />Standards Act, which is held by the same prime contractor, such sums as may be <br />determined to be necessary to satisfy any liabilities of such contractor or <br />subcontractor for unpaid wages and liquidated damages as provided in the clause <br />set forth in paragraph (2) of this section. <br />(4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the <br />clauses set forth in paragraph (1) through (4) of this section and also a clause <br />requiring the subcontractors to include these clauses in any lower tier subcontracts. <br />The prime contractor shall be responsible for compliance by any subcontractor or <br />lower tier subcontractor with the clauses set forth in paragraphs (1) through (4) of <br />this section. <br />E. Rights to Inventions Made Under a Contract or Agreement. [Not Applicable) See <br />Appendix II of Part 200, if needed. <br />F. Clean Air Act: <br />209 <br />
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