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Agenda - 06-16-20; 8-j - Approval of Contract with Ceres Environmental Services, Inc. as a Secondary Provider for Disaster Debris Removal and Clearance Service
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Agenda - 06-16-20; 8-j - Approval of Contract with Ceres Environmental Services, Inc. as a Secondary Provider for Disaster Debris Removal and Clearance Service
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6/16/2020
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8-j
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Agenda 06-16-20 Virtual Business Meeting
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Minutes 06-16-2020 Virtual Business Meeting
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- 7 - <br />(C) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 <br />shall satisfy the requirement for submission of the “Statement of Compliance” required by paragraph (3)(ii)(B) of this <br />section. <br /> <br />(D) The falsification of any of the above certifications may subject the Contractor or sub-contractor to civil or criminal <br />prosecution under Section 1001 of Title 18 and Section 231 of Title 31 of the United States Code. <br /> <br />(iii) The Contractor or subcontractor shall make the records required under paragraph (3)(i) of this section available for <br />inspection, copying, or transcription by authorized representatives of the sponsor, the Sponsor, or the Department of <br />Labor and shall permit such representatives to interview employees during working hours on the job. If the Contractor or <br />subcontractor fails to submit the required records or to make them available, the Federal agency may, after written notice <br />to the Contractor, Sponsor, applicant, or Owner, take such action as may be necessary to cause the suspension of any <br />further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to <br />make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. <br /> <br />4. Apprentices and Trainees. <br /> <br />(i) Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the work they performed <br />when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the <br />U.S. Department of Labor, Employment and Training Administration, Bureau of Apprenticeship and Training, or with a <br />State Apprenticeship Agency recognized by the Bureau, or if a person is employed in his or her first 90 days of <br />probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the <br />program, but who has been certified by the Bureau of Apprenticeship and Training or a State Apprenticeship Agency <br />(where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to <br />journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the Contractor to the <br />entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not <br />registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage <br />determination for the classification of work actually performed. In addition, any apprentice performing work on the job <br />site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the <br />wage determination for the work actually performed. Where a Contractor is performing construction on a project in a <br />locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the <br />journeyman’s hourly rate) specified in the Contractor’s or sub-Contractor’s registered program shall be observed. Every <br />apprentice must be paid at not less than the rate specified in the registered program for the apprentice’s level of progress, <br />expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall <br />be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program <br />does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage <br />determination for the applicable classification. If the Administrator determines that a different practice prevails for the <br />applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Bureau of <br />Apprenticeship and Training, or a State Apprenticeship Agency recognized by the Bureau, withdraws approval of an <br />apprenticeship program, the Contractor will no longer be permitted to utilize apprentices at less than the applicable <br />predetermined rate for the work performed until an acceptable program is approved. <br /> <br />(ii) Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate <br />for the work performed unless they are employed pursuant to and individually registered in a program which has received <br />prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training <br />Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan <br />approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified <br />in the approved program for the trainee’s level of progress, expressed as a percentage of the journeyman hourly rate <br />specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of <br />the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of <br />fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that <br />there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination <br />that provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate that is <br />not registered and participating in a training plan approved by the Employment and Training Administration shall be paid <br />not less than the applicable wage rate on the wage determination for the classification of work actually performed. In <br />addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be <br />16
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