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2022-088A
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Last modified
6/24/2022 11:55:27 AM
Creation date
6/24/2022 11:52:11 AM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
05/10/2022
Control Number
2022-088A
Agenda Item Number
8.A.
Entity Name
Witt O’Brien’s, LLC
Subject
Continuing Contract Agreement for Grant Consulting Services
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DocuSign Envelope ID: C38C5403-OB9D-4C32-9EA7-7B8EC4FOF825 <br />(G) The CONSULTANT will include the portion of the sentence immediately preceding paragraph (1) and <br />the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, <br />regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of <br />September 24, 1965, so that such provisions will be binding upon each subconsultant or vendor. The <br />CONSULTANT will take such action with respect to any subcontract or purchase order as the administering <br />agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, <br />however, That in the event a CONSULTANT becomes involved in, or is threatened with, litigation with a <br />subconsultant or vendor as a result of such direction by the administering agency the CONSULTANT may request <br />the United States to enter into such litigation to protect the interests of the United States. <br />11.2 Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). <br />(A) Overtime requirements. No contractor or subcontractor contracting for any part of the <br />contract work which may require or involve the employment of laborers or mechanics shall require or permit <br />any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of <br />forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one <br />and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. <br />(B) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the <br />clause set forth in paragraph (A) of this section the CONSULTANT and any subcontractor or vendor responsible <br />therefor shall be liable for the unpaid wages. In addition, such CONSULTANT and subcontractor or vendor shall <br />be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, <br />to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with <br />respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the <br />clause set forth in paragraph (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 without payment of the <br />overtime wages required by the clause set forth in paragraph (A) of this section. <br />(C) Withholding for unpaid wages and liquidated damages. The (write in the name of the Federal <br />agency or the loan or grant recipient) shall upon its own action or upon written request of an authorized <br />representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on <br />account of work performed by the CONSULTANT or subconsultant or vendor under any such contract or any <br />other Federal contract with the same prime CONSULTANT, or any other federally -assisted contract subject to <br />the Contract Work Hours and Safety Standards Act, which is held by the same prime CONSULTANT, such sums as <br />may be determined to be necessary to satisfy any liabilities of such CONSULTANT or subconsultant or vendor for <br />unpaid wages and liquidated damages as provided in the clause set forth in paragraph (B) of this section. <br />(D) Subcontracts. The CONSULTANT or subconsultant or vendor shall insert in any subcontracts <br />the clauses set forth in paragraph (A) through (D) of this section and also a clause requiring the subconsultants <br />to include these clauses in any lower tier subcontracts. The prime CONSULTANT shall be responsible for <br />compliance by any subconsultant or lower tier subconsultant with the clauses set forth in paragraphs (A) <br />through (D) of this section. <br />11.3 The CONSULTANT agrees to comply with all applicable standards, orders or regulations issued pursuant <br />to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq. The CONSULTANT agrees to report each violation to <br />COUNTY and understands and agrees that the COUNTY will, in turn, report each violation as required to assure <br />notification to the State of Florida, Federal Emergency Management Agency, and the appropriate Environmental <br />Protection Agency Regional Office. The CONSULTANT agrees to include these requirements in each subcontract <br />exceeding $100,000 financed in whole or in part with Federal assistance provided by FEMA. <br />11.4 The CONSULTANT agrees to comply with all applicable standards, orders or regulations issued pursuant <br />to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. The CONSULTANT agrees to <br />report each violation to the COUNTY and understands and agrees that the COUNTY will, in turn, report each <br />violation as required to assure notification to the State of Florida, Federal Emergency Management Agency, and <br />10 <br />
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