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<br /> CONTRACT OR PURCHASE ORDER # _____
<br />City of North Miami Beach
<br />REVISED February 11, 2022
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<br />CONTRACT PROVISIONS FOR NON-FEDERAL ENTITY
<br />CONTRACTS UNDER FEDERAL AWARDS
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<br />employee's essential job functions discloses the compensation of such other employees or applicants to individuals
<br />who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint
<br />or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted
<br />by the employer, or is consistent with the contractor's legal duty to furnish information.
<br />(d) The contractor will send to each labor union or representative of workers with which he has a collective bargaining
<br />agreement or other contract or understanding, a notice to be provided advising the said labor union or workers'
<br />representatives of the contractor's commitments under this section, and shall post copies of the notice in
<br />conspicuous places available to employees and applicants for employment.
<br />(e) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules,
<br />regulations, and relevant orders of the Secretary of Labor.
<br />(f) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965,
<br />and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his
<br />books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation
<br />to ascertain compliance with such rules, regulations, and orders.
<br />(g) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the
<br />said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and
<br />the contractor may be declared ineligible for further Government contracts or federally assisted construction
<br />contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such
<br />other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24,
<br />1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.
<br />(h) The contractor will include the portion of the sentence immediately preceding paragraph (a) and the provisions of
<br />paragraphs (a) through (h) in every subcontract or purchase order unless exempted by rules, regulations, or orders
<br />of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that
<br />such provisions will be binding upon each subcontractor or vendor.
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<br />4. Davis-Bacon and Copeland Anti-Kickback Acts. If this purchase order or contract involves a construction project
<br />over $2,000, the CONTRACTOR agrees to comply with Davis-Bacon and Copeland Act requirements at 40 USC
<br />3141, et seq., and 18 USC 874. The Acts apply to construction contracts and subcontracts that “at least partly are
<br />financed by a loan or grant from the Federal Government and, for the purposes of the Acts, include “actual
<br />construction, alteration and/or repair, including painting and decorating.” The requirements of both Acts are
<br />incorporated into a single clause (see 29 CFR 3.11) and are enumerated at 29 CFR 5.5a. In accepting this order
<br />or contract, the CONTRACTOR further agrees to include a similar requirement in all subcontracts financed in whole
<br />or in part.
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<br />5. Contract Work Hours and Safety Standards Act Requirements. If the solicitation exceeds $100,000 and involve the
<br />employment of mechanics or laborers, the CONTRACTOR agrees to comply with the Contract Work Hours and
<br />Safety Standards Act, codified at 40 USC 3701, et seq, as supplemented by the Department of Labor regulations
<br />at 29 C.F.R. part 5. The CONTRACTOR also agrees to include a similar requirement in all subcontracts.
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<br />“Compliance with the Contract Work Hours and Safety Standards Act.
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<br />(a) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may
<br />require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic
<br />in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek
<br />unless such 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.
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<br />(b) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in
<br />paragraph (b)(1) of this section the contractor and any subcontractor responsible therefor shall be liable for the
<br />unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of
<br />work done under contract for the District of Columbia or a territory, to such District or to such territory), for
<br />liquidated 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 paragraph (b)(1) of
<br />this section, in the sum of $27 for each calendar day on which such individual was required or permitted to work
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