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Reso 2005-768
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Reso 2005-768
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Last modified
7/1/2010 9:41:20 AM
Creation date
1/25/2006 1:57:50 PM
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CityClerk-Resolutions
Resolution Type
Resolution
Resolution Number
2005-768
Date (mm/dd/yyyy)
01/13/2005
Description
– Nego/Agmt w/U.S. Postal Service for Lease of 1,200 Sq. Ft. Office Space.
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<br />~ UNITEDSTIJTES <br />I!a POSTIJL SERVICE. <br /> <br />General Conditions to USPS Lease <br /> <br />and that the classifications set forth for each laborer or mechanic <br />conform with the work the laborer or mechanic performed. <br />Submission of the Weekly Statement of Compliance (see 29 CFR <br />5.5(a)(3)(ii)) required under this agreement satisfies this requirement. <br />As required by this clause, the Lessor must submit a copy of any <br />approval by the Secretary of Labor. (The Department of Labor <br />information collection and reporting requirements in this <br />subparagraph d.2 have been approved by the Office of Management <br />and Budget under OMB control number 1215-0149.) <br /> <br />3. The Lessor's records required under this clause must be <br />available for Inspection by authorized representatives of the <br />contracting officer and the Department of Labor, and the Lessor <br />must penn it the representative to interview employees during <br />working hours on the job. <br /> <br />4. The Lessor must comply with the Copeland Regulations of the <br />Secretary of Labor (29 CFR Part 3), which are hereby incorporated in <br />this contract by reference. <br /> <br />e. Withholding of Funds. The contracting officer may withhold from the <br />Lessor under this or any other contract with the Lessor so much of the <br />accrued payments or advances as is considered necessary to pay all <br />laborers and mechanics the full amount of wages required by this <br />contract or any other contract subject to the Davis-Bacon prevailing <br />wage requirements that is held by the Lessor. <br /> <br />f. Subcontracts <br /> <br />1. If the Lessor or any subcontractor fails to pay any laborer or <br />mechanic employed on the site of the work any of the wages <br />required by the contract, the contracting officer may, after <br />written notice to the lessor, suspend further payments or <br />advances to the lessor until violations have ceased. <br /> <br />2. The lessor agrees to insert this clause, including this .paragraph <br />f, in all subcontracts hereunder. The term "lessor" as used In <br />this clause in any subcontract, is deemed to refer to the lower- <br />tier subcontractor. <br /> <br />g, Compliance with Davis-Bacon and Related Acts Requirements, All <br />rulings and interpretations of the Davis-Bacon Act and related acts <br />contained in 29 CFR Parts 1, 3, and 5 are hereby incorporated by <br />reference in this contract. <br /> <br />h. Certification of Eligibility <br /> <br />1. By entering into this contract, the lessor certifies that neither it <br />or any person or firm having an interest in the lessor is ineligible <br />to be awarded contracts by virtue of section 3(a) of the Davis- <br />Bacon Act or 29 CFR 5. 12(a)(1 ). <br /> <br />2. No part of this contract will be subcontracted to any person or <br />firm Ineligible for contract award by virtue of section 3(a) of the <br />Davis-Bacon Act or 29 CFR 5.12(a)(1). <br /> <br />3. The penalty for making false statements is prescribed in the <br />U.S. Criminal Code, 18 U.S.C. 1001. <br /> <br />i. Contract Termination and Debarment. A breach of this Davis- <br />Bacon Act clause may be grounds for termination of the contract <br />and debarment as a contractor and subcontractor as provided In 29 <br />CFR 5.12. <br /> <br />j. Disputes Conceming Labor Standards. Disputes arising out of the <br />labor standards provisions of this contract are not subject to the <br />Claims and Disputes clause. They will be resolved in accordance <br />with the procedures of the Department of Labor set forth in 29 CFR <br />Parts 5, 6, and 7. Disputes within the meaning of this clause <br />include disputes between the lessor (or any of its subcontractors) <br /> <br />and the Postal Service, the U.S. Department of Labor, or the <br />employees or their representatives. <br /> <br />A.28 BANKRUPTCY <br /> <br />In the event the Lessor enters into proceedings relating to bankruptcy, <br />whether voluntary or involuntary, the Lessor will furnish, by certified mail, <br />written notiflcationii~_ing officer responsible <br />for administering . .. rust be furnished within <br />five days of the initi e tc pr ings. The notification <br />must include the da on ic e n ptcy. petition was filed, the <br />court in which the petition was filed, and a list of Postal Service contracts <br />and contracting officers for all Postal Service contracts for which final <br />payment has not yet been made. This obligation remains in effect until <br />final payment under this contract. <br /> <br />RETERMSS (v2.2, June 1999) <br /> <br />A-8 <br /> <br />~ <br />
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