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contracts pursuant to the Executive Order and will carry out such sanctions and penalties for <br />violation of the equal opportunity clause as may be imposed upon contractors and subcontractors <br />by the administering agency or the Secretary of Labor pursuant to Part Il, Subpart D of the <br />Executive Order. In addition, the City agrees that if it fails or refuses to comply with these <br />undertakings, the administering agency may take any or all of the following actions: cancel, <br />terminate, or suspend in whole or in part the grant (contract, loan, insurance, guarantee) for this <br />project; refrain from extending any further assistance to the applicant under the program with <br />respect to which the failure or refund occurred until satisfactory assurance of future compliance <br />has been received from such applicant; and refer the case to the Department of Justice for <br />appropriate legal proceedings. <br />(c) Appendix II to Part 200 (D) — Davis -Bacon Act: Not applicable to this Agreement <br />since it is funded by CSLFRF. <br />(d) Appendix II to Part 200 (D) — Copeland "Antti-Kickback" Act: Not applicable to this <br />Agreement since it is funded by CSLFRF. <br />(a) Appendix II to Part 200 (E) — Contract Work Hours and Safety Standards Act: <br />(i) Overtime Requirements. No contractor or subcontractor contracting for <br />any part of the contract work which may require or involve the employment of laborers or <br />mechanics shall require or permit any such laborer or mechanic in any workweek in which he or <br />she is employed on such work to work in excess of forty hours in such workweek unless such <br />laborer or mechanic receives compensation at a rate not less than one and one-half times the <br />basic rate of pay 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 <br />any violation of the clause set forth in paragraph (ii) of this section the Consultant and any <br />subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such <br />contractor and subcontractor shall be liable to the United States (in the case of work done under <br />contract for the District of 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 individual laborer or <br />mechanic, including watchmen and guards, employed in violation of the clause set forth in <br />paragraph (ii) of this section, in the sum of $10 for each calendar day on which such individual <br />was required or permitted to work in excess of the standard workweek of forty hours without <br />payment of the overtime wages required by the clause set forth in paragraph (ii) of this section. <br />(III) Withholding for unpaid wages and liquidated damages. The City shall upon <br />its own action or upon written request of an authorized representative of the Department of Labor <br />withhold or cause to be withheld, from any moneys payable on account of work performed by the <br />Consultant or subcontractor under any such contract or any other Federal contract with the <br />Consultant, or any other federally -assisted contract subject to the Contract Work Hours and <br />Safety Standards Act, which is held by the Consultant, such sums as may be determined to be <br />necessary to satisfy any liabilities of Consultant or subcontractor for unpaid wages and liquidated <br />damages as provided in the clause set forth in paragraph (iii) of this section. <br />(iv) Subcontracts. The Consultant or subcontractor shall insert in any <br />subcontracts the clauses set forth in paragraph (ii) through (v) of this Section and also a clause <br />requiring the subcontractors to include these clauses in any lower tier subcontracts. The <br />BB&K (2021) Exhibit "A-1-3" PROFESSIONAL SERVICES AGREEMENT <br />55394.00000\40418052.1 <br />