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demonstrated eligibility for, Government contracts and feclerally assistecl construction coltracts pursuant <br />to the Executive Order and wrll carry out such sanctions and penalties for violation of the equal <br />opportunity clause as may be imposed upon contractors and subcontractors by the administering agency <br />or the Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. In adclition, the CttV <br />agrees that if it fails or refuses to comply with these underlakings, the adrninistering agency nTay take any <br />or all of the following actions: cancel, terminate, or suspend in whole or in part the giant (contiact, loan, <br />insurance, guarantee) for this project; refrain frorn extending any furlher assistance to the applicant under <br />the program with respect to which the failure or refuncl occurred until satrsfactorv assurance of future <br />compliance has been received from such applicant; and refer the case to the Department of Justice for <br />appropriate legal proceedings. <br />(c) Appendix Il to Part 200 (D) * Davrs-Bacon Act: Not applicable to this Constructron <br />Contract srnce it is funded by CSLFRF <br />(d) Appendix lI to Part 200 (D) - Copeland "Antti-Kickback" Act: Not applicable to this <br />Construction Contract srnce it is funded by CSLFRF <br />(e) Aopendix II to Part 200 (E) - Contract Work Hours and Safetlr Stanclards Act: <br />(i) Overtime Requirernents. No contractor or subcontractor contracting fbr any part of <br />the contract work which may require or involve the employment of laborers or mechanics shall require or <br />permrt any such Iaborer or mechanic in any workweek in which he or she is employed on such work to <br />work in excess of forry hours in such workweek unless such laborer or mechanic receives cornpensation <br />at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty <br />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 (ii) of this section the CONTRACTOR and any subcontractor <br />responsible therefor shall be liable for the unpaid wages. ln adclition, such contractor and subcontractor <br />shall be Iiable to the United States (in the case of work done under contract for the District of Columbia <br />or a territory, to such District or to such territory), fbr liquidated damages. Such liquiclated dantages shall <br />be computed with respect to each individual laborer or mechanic, including watchmen and guards, <br />employed in violation of the clause set forth in paragraph (ii) of this section, in the sum of $10 for each <br />calendar day on which such individual was required or permitted to work in excess of the standard <br />workweek of forty hours without payment of the overtime wages required by the clause set forth in <br />paragraph (ii) of this section. <br />(iii) Withholding for unpaid wages and liquidated damages. The CITY shall upon its <br />own action or upon written request of an authorized representative of the Department of Labor wrthhold <br />or cause to be withheld, from any moneys payable on account of work perfonned by the CONTRACTOR <br />or subcontractor under any such contract or any other Federal contract with the CONTRACTOR, or any <br />other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is <br />held by the CONTRACTOR, such sums as may be determined to be necessary to satisfy any liabilities of <br />CONTRACTOR or subcontractor for unpaid wages and liquidated damages as provided in the clause set <br />forth in paragraph (iii) of this section. <br />Page 7 of l4 <br />  <br />  <br />City Council 12 – 18 10/15/2024