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<br /> Disaster Debris Clearance and Removal Services
<br />Bid: 5266, Orange County, North Carolina
<br />July 29, 2019 Page 65
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<br />1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.
<br />(8) The Contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8)
<br />in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204
<br />of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Contractor
<br />will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such
<br />provisions, including sanctions for noncompliance.
<br />Provided, however, that in the event the Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of
<br />such direction by the administering agency, the Contractor may request the United States to enter into such litigation to protect the interests of the
<br />United States. [2 CFR Part 200, App. II (C)]
<br />ADDITIONAL REQUIREMENTS – FEDERAL EMERGENCY MANAGEMENT AGENCY ASSISTANCE,
<br />REIMBURSEMENT
<br />M. Changes. Any change in the contract cost, modification, change order, or constructive change must be allowable, allocable, within the scope of
<br />its funding, grant or cooperative agreement, and reasonable for the completion of project scope. All changes and/or amendments to the contract
<br />will be outlined in detail, formalized in writing, and signed by the authorized representative of each party. Contractor’s failure to do so shall
<br />constitute a material breach of the contract.
<br />N. Access to Records. The following access to records requirements apply to this contract:
<br />(1) The contractor agrees to provide the North Carolina Division of Emergency Management, the Town of Hillsborough, the FEMA
<br />Administrator, the Comptroller General of the United States, or any of their authorized representatives access to any books, documents, papers,
<br />and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and
<br />transcriptions.
<br />(2) The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as
<br />reasonably needed.
<br />(3) The contractor agrees to provide the FEMA Administrator or his authorized representatives access to construction or other work sites
<br />pertaining to the work being completed under the contract.
<br />O. Department of Homeland Security Seal, Logo, and Flags. The contractor shall not use the DHS seal(s), logos, crests, or reproductions of
<br />flags or likenesses of DHS agency officials without specific FEMA pre-approval.
<br />P. Compliance with Federal Law, Regulations, and Executive Orders. This is an acknowledgement that FEMA financial assistance will be
<br />used to fund the contract only. The contractor will comply will all applicable federal law, regulations, executive orders, FEMA policies,
<br />procedures, and directives.
<br />Q. No Obligation by Federal Government. The Federal Government is not a party to this contract and is not subject to any obligations or
<br />liabilities to the non-Federal entity, contractor, or any other party pertaining to any matter resulting from the contract.
<br />R. Program Fraud and False or Fraudulent Statements or Related Acts. The contractor acknowledges that 31 U.S.C. Chap. 38
<br />(Administrative Remedies for False Claims and Statements) applies to the contractor’s actions pertaining to this contract.
<br />S. Contract Work Hours and Safety Standards Act (29 CFR 5.5(b)(c)). The following provisions apply to any contract in an amount in excess
<br />of $100,000 and subject to the overtime provisions of the Contract Work Hours and Safety Standards Act.
<br />(1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the
<br />employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed
<br />on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than
<br />one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek.
<br />(2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (1) of this section
<br />the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor
<br />shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to
<br />such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic,
<br />including watchmen and guards, employed in violation of the clause set forth in paragraph (1) of this section, in the sum of $26 for each
<br />calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment
<br />of the overtime wages required by the clause set forth in paragraph (1) of this section.
<br />(3) Withholding for unpaid wages and liquidated damages. The Town of Hillsborough shall upon its own action or upon written request of an
<br />authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work
<br />performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any
<br />other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor,
<br />such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated
<br />damages as provided in the clause set forth in paragraph (2) of this section.
<br />(4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraphs (1) through (4) of this section
<br />DocuSign Envelope ID: 5FA4B1AC-B897-4C32-A1E4-4B4A8885A341
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