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Agenda - 11-01-2022; 8-e - Approval of White Cross Volunteer Fire Department ARPA Contract
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Agenda - 11-01-2022; 8-e - Approval of White Cross Volunteer Fire Department ARPA Contract
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11/1/2022
Meeting Type
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Agenda
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8-e
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Agenda for November 1, 2022 BOCC Meeting
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10 <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 /> 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 /> 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 /> 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 /> the overtime wages required by the clause set forth in paragraph (b)(1) of 29 <br /> C.F.R. §5.5. <br /> iii. Withholding for unpaid wages and liquidated damages. Orange County shall <br /> upon its own action or upon written request of an authorized representative of <br /> the Department of Labor withhold or cause to be withheld, from any moneys <br /> payable on account of work performed by the Subrecipient or sub-contractor <br /> under any such contract or any other Federal contract with the same prime <br /> contractor, or any other federally-assisted contract subject to the Contract Work <br /> 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 <br /> Subrecipient or sub-contractor for unpaid wages and liquidated damages as <br /> provided in the clause set forth in paragraph (b)(2) of 29 C.F.R. §5.5. <br /> iv. Subcontracts.The Subrecipient or sub-contractor shall insert in any subcontracts <br /> the clauses set forth in paragraph (b)(1) through(4) of 29 C.F.R. §5.5 and also <br /> a clause requiring the sub-contractors to include these clauses in any lower tier <br /> subcontracts. The prime contractor shall be responsible for compliance by any <br /> 9 <br />
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