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Agenda - 02-01-2011 - 4f
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Agenda - 02-01-2011 - 4f
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Last modified
1/28/2011 8:50:52 AM
Creation date
1/28/2011 8:50:49 AM
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BOCC
Date
2/1/2011
Meeting Type
Regular Meeting
Document Type
Agenda
Agenda Item
4f
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Minutes 02-01-2011
(Linked From)
Path:
\Board of County Commissioners\Minutes - Approved\2010's\2011
RES-2011-007 Resolution for Implementation of Community Development Block Grant Award–Infrastructure Hook-up Program
(Linked From)
Path:
\Board of County Commissioners\Resolutions\2010-2019\2011
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11 <br />In any event, per 24 C.F R. X70 489(g), all purchase ordezs and contracts shall include any <br />clauses required by Federal statutes, executive ordezs and implementing regulations. <br />Additionally, Recipient acknowledges and agrees that, in its conduct under this Agreement <br />and in connection with any and all expenditures of'Grant funds made by it, Recipient, its <br />officers, agents and employees shall be and aze subject to the provisions of the North <br />Carolina Genezal Statutes and the North Carolina Administrative Code relating to and <br />governing procurement, public contracts, suspension and debarment. Recipient fiuther <br />acknowledges and agrees that, in the event that it giants any of the Giant funds awarded <br />hereunder to one or more subrecipients oz other applicable entities, Recipient shall, by <br />contract, ensure that the provisions of all applicable laws relating to and governing <br />procurement, public contzacts, suspension and debarment are made applicable to and binding <br />upon any and all subzecipients and/or other applicable entities. <br />21. Labor Standards. Recipient shall follow all applicable laws, rules and regulations concerning <br />the payment of wages, contract work bouts, safety, health standards, and equal opportunity <br />for CDBG-R programs, including but not limited to the rules set forth in 4 N C A..C <br />19L..1006, 24 C.F .R § 570 603 and the following (as may be applicable to CDBG-R <br />projects): <br />a Davis-Bacon Act (40 U.S.C.A. 2.76aZ Among other provisions, this act requires that <br />prevailing local wage levels be paid to laborers and mechanics employed on certain <br />construction work assisted with CDBG funds.. <br />b.. Contract Work Hours and Safety Standards Act j40 U.S.C.A. 327 through 333}. <br />Under this act, among other pzovisions, laborers and mechanics employed by <br />contractors and subcontractors on construction wozk assisted with CDBG funds must <br />receive overtime compensation at a rate not less than one and one-half the basic rate <br />of pay for all hours worked in excess of forty hours in any workweek.. Violators shall <br />be liable for the unpaid wages and in addition for liquidated damages computed in <br />respect to each laborer oz mechanic employed in violation of the act, <br />c. Fair Labor Standards Act X29 U.S.C. 201 et seq.), requiring among other things that <br />covered employees be paid at least the minimum prescribed wage, and also that they <br />be paid one and one-half tunes their basic wage rate for all hours wozked in excess of <br />the prescribed work-week <br />d. Federal anti-kickback laws (18 U.S.C. 874 and 40 U.S.C. 276), which, among other <br />things, outlaws and prescribes criminal penalties for "kickbacks" of wages in <br />federally fitnanced or assisted construction activities. Weekly statements of <br />compliance and weekly payrolls must be provided by all contractors and <br />subcontractozs <br />Recipient agrees to maintain records regarding compliance with the laws and regulations <br />cited in 4 N..C A C 19L..1006 (including the citations listed above} in accordance with 4 <br />N..C..A..C.19L.0911 <br />All contzacts between Recipient and third parties shall contain labor standards provisions as <br />required in 4 N.C A C.. 19L 1006 Recipients must follow the Division of•Community <br />Assistance required policy and process for obtaining the required wage decision At no time <br />should a recipient self certify for a Davis Bacon Wage decision. Self' certification is in <br />violation of the Division of'Community Assistance policy. <br />7 <br />
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