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Reso 2026-4028
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Reso 2026-4028
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Last modified
5/29/2026 1:17:47 PM
Creation date
5/19/2026 3:36:45 PM
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CityClerk-Resolutions
Resolution Type
Resolution
Resolution Number
2026-4028
Date (mm/dd/yyyy)
05/14/2026
Description
1st Amnd to Agrmnt & Consent to Assignment w/ Phillips Heavy, Inc., f/k/a Phillips & Jordan, Incorporated, as Secondary Contractor, for diaster debris
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Compliance with the Copeland Anti -Kickback Act (40 U.S.C. & 3145 as supplemented by 29 <br />CFR Part 3): If applicable to this Agreement, Contractor shall comply with all the requirements <br />of 18 U.S.C. § 874, 40 U.S.C. § 3145, 29 CFR Part 3 which are incorporated by reference to this <br />Agreement. Contractors are prohibited from inducing by any means any person employed in the <br />construction, completion or repair of public work to give up any part of the compensation to which <br />he or she is otherwise entitled. <br />Contractor. The Contractor shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the <br />requirements of 29 C.F.R. Part 3 as may be applicable, which are incorporated by reference into <br />this contract. <br />Subcontracts. The Contractor or Subcontractor shall insert in any subcontracts the clause above <br />and such other clauses as FEDERAL may by appropriate instructions require, and a clause <br />requiring the subcontractors to include these clauses in any lower tier subcontracts. The Prime <br />Contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor <br />with all these contract clauses. <br />Breach. A breach of the contract clauses above may be grounds for termination of the contract, and <br />for debarment as a contractor and subcontractor as provided in 29 C.F.R. § 5.12. <br />Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708 as supplemented by <br />29 CFR Part 5). If applicable per the standard described above, the recipient or subrecipient must <br />include the provisions at 29 C.F.R. § 5.5(b)(1)-(5), verbatim, into all applicable contracts. All <br />applicable contractors must include these provisions, in full, into any subcontracts. In addition to <br />the required language from 29 C.F.R. § 5.5(b)(1)-(5), the recipient or subrecipient must also insert <br />a clause meeting the requirements of 29 C.F.R. § 5.5(c) in any contract subject only to the Contract <br />Work Hours and Safety Standards Act and not to any other statutes cited in 29 C.F.R. § 5.1. <br />(1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract <br />work which may require or involve the, employment of laborers or mechanics shall require or <br />permit any such laborer or mechanic in any workweek in which he or she is employed on such <br />work to work in excess of forty hours in such workweek unless such laborer or mechanic receives <br />compensation at a rate not less than one and one-half times the basic rate of pay for all hours <br />worked in excess of forty hours in such workweek. <br />(2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the <br />clause set forth in paragraph (b)(1) of this section the contractor and any subcontractor responsible <br />therefor shall be liable for the unpaid wages and interest from the date of the underpayment. In <br />addition, such contractor and subcontractor shall be liable to the United States (in the case of work <br />done under contract for the District of Columbia or a territory, to such District or to such territory), <br />for liquidated damages. Such liquidated damages shall be computed with respect to each individual <br />laborer or mechanic, including watchpersons and guards, employed in violation of the clause set <br />forth in paragraph (b)(1) of this section, in the sum of $32 for each calendar day on which such <br />individual was required or permitted to work in excess of the standard workweek of forty hours <br />without payment of the overtime wages required by the clause set forth in paragraph (b)(1). <br />(3) Withholding for unpaid wages and liquidated damages— <br />(i) Withholding Process. The recipient or subrecipient may, upon its own action, or must, <br />upon written request of an authorized representative of the Department of Labor, withhold <br />10 <br />
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