Orange County NC Website
Browse       Search
Docusign Envelope ID: FFF6ECOC-4725-4086-B68A-BC5F9FDE53E6 <br /> 13 <br /> Orange County agrees that it will assist and cooperate actively with the administering <br /> agency and the Secretary of Labor in obtaining the compliance of contractors and <br /> subcontractors with the equal opportunity clause and the rules, regulations, and <br /> relevant orders of the Secretary of Labor, that it will furnish the administering agency <br /> and the Secretary of Labor such information as they may require for the supervision of <br /> such compliance, and that it will otherwise assist the administering agency in the <br /> discharge of the agency's primary responsibility for ensuring compliance. <br /> Orange County further agrees that it will refrain from entering into any contract or <br /> contract modification subject to Executive Order 11246 of September 24, 1965, with a <br /> contractor debarred from, or who has not demonstrated eligibility for, Government <br /> contracts and federally assisted construction contracts pursuant to the Executive Order <br /> and will carry out such sanctions and penalties for violation of the equal opportunity <br /> clause as may be imposed upon contractors and subcontractors by the administering <br /> agency or the Secretary of Labor pursuant to Part Il, Subpart D of the Executive <br /> Order. In addition, the Orange County that if it fails or refuses to comply with these <br /> undertakings, the administering agency may take any or all of the following actions: <br /> Cancel, termination, or suspend in whole or in part this grant(contract, loan, <br /> insurance, guarantee); refrain from extending any further assistance to Orange County <br /> under the program with respect to which the failure or refund occurred until <br /> satisfactory assurances of future compliance has been received from such applicant; <br /> and refer the case to the Department of Justice for appropriate legal proceedings. <br /> B. Davis-Bacon Act, as amended(40 U.S.C. 3141-3144 and 3146-3148). Except as otherwise <br /> noted herein, when required by Federal program legislation for prime construction contracts <br /> over $2,000, all transactions regarding this Agreement shall be done in compliance with the <br /> Davis-Bacon Act(40 U.S.C. 3141-3144 and 3146-3148) and the requirements of 29 C.F.R. pt. <br /> 5 as may be applicable. The Provider shall comply with 40 U.S.C. 3141-3144 and 3146-3148 <br /> and the requirements of 29 C.F.R. pt. 5 as applicable. In accordance with the statute, <br /> contractors are required to pay wages to laborers and mechanics at a rate not less than the <br /> prevailing wages specified in a wage determination made by the Secretary of Labor. In <br /> addition, contractors are required to pay wages not less than once a week. The Provider shall <br /> pay its laborers and mechanics the higher of the wages specified in the referenced <br /> determination by the Secretary of Labor or the Living Wage as determined in the Orange <br /> County Living Wage Policy and the Orange County Operating Budget for the fiscal year in <br /> which the Agreement is entered. <br /> C. Copeland Anti-Kickback Act. For construction or repair work over$2,000 where the Davis- <br /> Bacon Act also applies, the Provider shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, <br /> and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by <br /> reference into this Addendum. The Provider or subcontractor shall insert in any subcontracts <br /> the preceding sentence and other such clauses as appropriate agency instructions require, and <br /> also a clause requiring the subcontractor to include these clauses in any lower-tier <br /> subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or <br /> lower tier subcontractor with these contract clauses. A breach of the requirements of this <br /> ARPA Sourced 01/22 FINAL <br />