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Agenda - 04-17-2012 - 5d
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Agenda - 04-17-2012 - 5d
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6/22/2015 4:56:25 PM
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4/13/2012 4:15:37 PM
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BOCC
Date
4/17/2002
Meeting Type
Regular Meeting
Document Type
Agenda
Agenda Item
5d
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Minutes 04-17-2012
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\Board of County Commissioners\Minutes - Approved\2010's\2012
NS EDC North Carolina Tomorrow Grant Award
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\Board of County Commissioners\Contracts and Agreements\BOCC Grants\2010 - 2019\2012\2012 Grants
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13 <br />hereunder to one or more subrecipients or other applicable entities, Recipient shall, by <br />contract, ensure that the provisions of all applicable laws relating to and governing <br />procurement, public contracts, suspension and debarment are made applicable to and binding <br />upon any and all subrecipients 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 hours, 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.0 <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. 276a). 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 (40 U.S.C.A. 327 through 333). <br />Under this act, among other provisions, laborers and mechanics employed by <br />contractors and subcontractors on construction work 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 or mechanic employed in violation of the act. <br />c. Fair Labor Standards Act (29 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 times their basic wage rate for all hours worked 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 financed or assisted construction activities. Weekly statements of <br />compliance and weekly payrolls must be provided by all contractors and <br />subcontractors. <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 contracts between Recipient and third parties shall contain labor standards provisions as <br />required in 4 N.C.A.C. 19L.1006. <br />22. Architectural Barriers. Per 4 N.C.A.C. 19L. 1007, 24 C.F.R. §§ 570.487 and 570.614 and <br />other applicable law, all applicable buildings or facilities designed, constructed or altered <br />with CDBG Grant funds shall be made accessible and useable to the physically handicapped <br />as may be required by applicable laws, rules, regulations or requirements. Additionally, <br />Recipient must comply with the following (as may be applicable to CDBG projects): <br />a. Architectural Barriers Act of 1968 (P.L. 90 -480). This act requires Recipient to <br />ensure that certain buildings constructed or altered with CDBG funds are readily <br />accessible to the physically handicapped. <br />b. Minimum Guidelines and Requirements for Accessible Design 36 C.F.R. Part 1190. <br />These regulations establish guidelines for implementing the federal acts described in <br />4 N.C.A.C.19L.1007(1)(a). The regulations provide technical standards which must <br />be met by Recipient. <br />7 <br />
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