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25D - AGMT ON-GOING CITY-WIDE CAMERA SYSTEM PROJECTS AND MAINTENANCE
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25D - AGMT ON-GOING CITY-WIDE CAMERA SYSTEM PROJECTS AND MAINTENANCE
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10/12/2017 8:20:07 PM
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10/12/2017 8:12:30 PM
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City Clerk
Doc Type
Agenda Packet
Agency
Parks, Recreation, & Community Services
Item #
25D
Date
10/17/2017
Destruction Year
2022
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the Employment and Training Administration shell be paid <br />not less than the applicable wage rate on the wage <br />determination for the work actually performed. In addition, <br />any trainee performing work on the job site in excess of <br />the ratio permitted under the registered program shall be <br />paid not less than the applicable wage rate on the wage <br />determination for the work actually performed. In the <br />event the Employment and Training Administration <br />withdraws approval of a training program, the contractor <br />will no longer be permitted to utilize trainees at less than <br />the applicable predetermined rate for the work performed <br />until an acceptable program is approved. <br />(111) Equal employment opportunity. The utilization of <br />apprentices, trainees and journeymen under 29 CFR Part 5 <br />shall be In conformity with the equal employment <br />opportunity requirements of Executive Order 11246, as <br />amended, and 29 CFR Part 30. <br />5. Compliance with Copeland Act requirements. The <br />contractor shall comply with the requirements of 29 CFR <br />Part 3 which are Incorporated by reference in this contract <br />6. Subcontracts. The contractor or subcontractor will <br />insert in any subcontracts the clauses contained in <br />subparagraphs 1 through 11 In this paragraph A and such <br />other clauses as HUD or Its designee may by appropriate <br />instructions require, and a copy of the applicable <br />prevailing wage decision, and also a clause requiring the <br />subcontractors to Include these clauses in any lower tier <br />subcontracts. The prime contractor shall be responsible <br />for the compliance by any subcontractor or lower tier <br />subcontractor with all the contract clauses in this <br />paragraph. <br />7. Contract termination; debarment. A breach of the <br />contract clauses in 29 CFR 5.5 may be grounds for <br />termination of the contract and for debarment as a <br />contractor and a subcontractor as provided in 29 CFR <br />5.12. <br />8. Compliance with Davis -Bacon and Related Act Requirements. <br />All rulings and interpretations of the Davis -Bacon and <br />Related Acts contained in 29 CFR Parts 1, 3, and 5 are <br />herein Incorporated by reference In this contract <br />9. Disputes concerning labor standards. Disputes <br />arising out of the labor standards provisions of this <br />contract shall not be subject to the general disputes <br />clause of this contract. Such disputes shall be resolved In <br />accordance with the procedures of the Department of <br />Labor set forth In 29 CFR Parts 5, 6, and 7. Disputes <br />within the meaning of this clause Include disputes between <br />the contractor (or any of its subcontractors) and HUD or <br />its designee, the U,S. Department of Labor, or the <br />employees or their representatives. <br />10. (1) Certification of Eligibility. By entering Into this <br />contract the contractor certifies that neither it (nor he or <br />she) nor any person or firm who has an interest in the <br />contractor's firm is a person or firm Ineligible to be <br />awarded Government contracts by virtue of Section 3(a) of <br />the Davis -Bacon Act or 29 CFR 5.12(a)(1) or to be <br />awarded HUD contracts or participate in HUD programs <br />pursuant to 24 CFR Part 24. <br />(it) No part of this contract shall be subcontracted to any <br />parson or firm Ineligible for award of a Government <br />contract by virtue of Section 3(a) of the Davis -Bacon Act <br />or 29 CFR 5.12(a)(1) or to be awarded HUD contracts or <br />participate In HUD programs pursuant to 24 CFR Part 24. <br />(iii) The penalty for making false statements Is prescribed <br />in the U.S. Criminal Code, 18 U.S.C. 1001. Additionally, <br />U.S. Criminal Code, Section 1 01 0, Title 18, U.S.C., <br />"Federal Housing Administration transactions", provides in <br />part: "Whoever, for the purpose of ... Influencing in any <br />way the action of such Administration..... makes, utters or <br />publishes any statement knowing the same to be false..... <br />shall be fined not more than $5,000 or Imprisoned not <br />more than two years, or both." <br />11. Complaints, Proceedings, or Testimony by <br />Employees. No laborer or mechanic to whom the wage, <br />salary, or other labor standards provisions of this Contract <br />are applicable shall be discharged or In any other manner <br />discriminated against by the Contractor or any <br />subcontractor because such employee has filed any <br />complaint or Instituted or caused to be Instituted any <br />proceeding or has testified or is about to testify in any <br />proceeding under or relating to the labor standards <br />applicable under this Contract to his employer. <br />S. Contract Work Hours and Safety Standards Act The <br />provisions of this paragraph 3 are applicable where the amount of the <br />prime contract exceeds $100,000. As used in this paragraph, the <br />terms "laborers"and"mechanics" include watchmen and guards. <br />(1) Overtime requiremonts. No contractor or subcontractor <br />contracting for any part of the contract work which may require or <br />Involve the employment of laborers or mechanics shall require or <br />permit any such laborer or mechanic In any workweek In which the <br />Individual Is employed on such work to work in excess of 40 hours in <br />such workweek unless such laborer or mechanic receives <br />compensation at a rate not less than one and one-half times the basic <br />rate of pay for all hours worked in excess of 40 hours in such <br />workweek. <br />(2) Violation; liability for unpaid wages; liquidated <br />damages. In the event of any violation of the clause set <br />forth in subparagraph (1) of this paragraph, the contractor <br />and any subcontractor responsible therefor shall be liable <br />for the unpaid wages. In addition, such contractor and <br />subcontractor shall be liable to the United States (In the <br />case of work done under contract for the District of <br />Columbia or a territory, to such District or to such <br />territory), for liquidated damages. Such liquidated <br />damages shall be computed with respect to each Individual <br />laborer or mechanic, Including watchmen and guards, <br />employed in violation of the clause set forth In <br />subparagraph (1) of this paragraph, Inthesumof$10foreach <br />calendar day on which such individual was required or permitted to <br />work in excess of the standard workweek of 40 hours without payment <br />of the overtime wages required by the clause set forth in sub <br />paragraph (1) of this paragraph. <br />Previous editions are obsolete form HUD -4010 (06/2009) <br />Page 4 of 5 ref. Handbook 1344.1 <br />25D-64 <br />
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