Orange County NC Website
Browse       Search
8 <br /> <br />and services provided or made available by state and local governments or <br />instrumentalities or agencies thereto. <br /> <br />i. Suspension and Debarment. The Subrecipient must comply with 2 C.F.R. pt. 180, <br />subpart C and 2 C.F.R. pt. 3000, subpart C, while this Agreement is valid and <br />throughout the period of any contract that may arise from this Agreement, and must <br />include a requirement to comply with these regulations in any lower tier covered <br />transaction it enters into. <br /> <br />i. The Subrecipient certifies that neither it, nor any of its principals ((defined at 2 <br />C.F.R. § 180.995) or its affiliates (defined at 2 C.F.R. § 180.905) are excluded <br />(defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935) <br />from participation in federal assistance awards or contracts. <br /> <br />ii. Subrecipient further agrees that it will notify the County immediately if it or any <br />of its principals is placed on the list of parties excluded from federal <br />procurement or nonprocurement programs available at www.sam.gov. <br /> <br />iii. This certification is a material representation of fact relied on by Orange County. <br />If it is later determined that the Subrecipient did not comply with 2 C.F.R. pt. <br />180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies made <br />available to Orange County, the Federal Government may pursue available <br />remedies, including but not limited to suspension and/or debarment. <br /> <br />j. Compliance With The Contract Work Hours And Safety Standard Act (40 U.S.C. <br />3701-3708). Should this Agreement involve federal funds in excess of $100,000 and <br />the employment of mechanics or laborers, including watchmen and guards, <br />Subrecipient shall comply with 40 U.S.C. 3702 and 3704, as supplemented by <br />Department of Labor regulations (29 CFR Part 5), as follows: <br /> <br />i. Overtime requirements. No Subrecipient or sub-contractor contracting for any <br />part of the contract work which may require or involve the employment of <br />laborers or mechanics shall require or permit any such laborer or mechanic in <br />any workweek in which he or she is employed on such work to work in excess <br />of forty hours in such workweek unless such laborer or mechanic receives <br />compensation at a rate not less than one and one-half times the basic rate of pay <br />for all hours worked in excess of forty hours in such workweek. <br /> <br />ii. Violation; liability for unpaid wages; liquidated damages. In the event of any <br />violation of the clause set forth in paragraph (b)(1) of 29 C.F.R.§5.5 the <br />Subrecipient and any sub-contractor responsible therefor shall be liable for the <br />unpaid wages. In addition, such Subrecipient and sub-contractor shall be liable <br />to the United States (in the case of work done under contract for the District of <br />Columbia or a territory, to such District or to such territory), for liquidated <br />damages. Such liquidated damages shall be computed with respect to each <br />individual laborer or mechanic, including watchmen and guards, employed in <br />violation of the clause set forth in paragraph (b)(1) of 29 C.F.R. §5.5, in the sum <br />of $26 for each calendar day on which such individual was required or permitted <br />to work in excess of the standard workweek of forty hours without payment of <br />DocuSign Envelope ID: 32FCA70F-8C9D-4D85-A0BE-B88413353B8B