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05-12-26 City Council Workshop Packet
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05-12-26 City Council Workshop Packet
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28 | Page <br /> <br />2. Termination: <br />All contracts in excess of $10,000 shall contain suitable provisions for termination by <br />Brooklyn Park, including the manner by which termination shall be affected and the basis <br />for settlement. In addition, such contracts shall describe the conditions under which the <br />contract may be terminated for default as well as conditions where the contract may be <br />terminated due to circumstances beyond the control of the contractor. <br /> <br />3. Equal Employment Opportunity: <br />All contracts shall contain a provision requiring compliance with E.O. 11246, "Equal <br />Employment Opportunity," as amended by E.O. 11375, "Amending Executive Order 11246 <br />Relating to Equal Employment Opportunity," and as supplemented by regulations at 41 <br />CFR part 60, "Office of Federal Contract Compliance Programs, Equal Employment <br />Opportunity, Department of Labor." <br /> <br />4. Davis-Bacon Act, as amended (40 U.S.C. 3141-3148): <br />If included in the federal agency's grant program legislation, all construction contracts of <br />more than $2,000 awarded by Brooklyn Park and its sub-recipients shall include a <br />provision for compliance with the Davis-Bacon Act (40 U.S.C. 276a to a-7) and as <br />supplemented by Department of Labor regulations (29 CFR part 5, "Labor Standards <br />Provisions Applicable to Contracts Governing Federally Financed and Assisted <br />Construction"). Under this Act, contractors are required to pay wages to laborers and <br />mechanics at a rate not less than the minimum wages specified in a wage determination <br />made by the Secretary of Labor. In addition, contractors shall be required to pay wages <br />not less than once a week. It is the policy of Brooklyn Park to place a copy of the current <br />prevailing wage determination issued by the Department of Labor in each solicitation and <br />the award of a contract shall be conditioned upon the acceptance of the wage <br />determination. Brooklyn Park shall also obtain reports from contractors on a weekly basis <br />in order to monitor compliance with the Davis-Bacon Act. Brooklyn Park shall report all <br />suspected or reported violations to the Federal awarding agency. <br /> <br />5. Contract Work Hours and Safety Standards Act (40 U.S.C. 327-333): <br />[Where applicable] All contracts awarded by Brooklyn Park excess of $100,000 for <br />contracts that involve the employment of mechanics or laborers shall include a provision <br />for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor <br />regulations (29 CFR part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be <br />required to compute the wages of every mechanic and laborer on the basis of a standard <br />work week of 40 hours. Work in excess of the standard work week is permissible provided <br />that the worker is compensated at a rate of not less than one and a half times the basic <br />rate of pay for all hours worked in excess of 40 hours in the work week. The requirements <br />of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or <br />mechanic must be required to work in surroundings or under working conditions which are <br />unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of <br />supplies or materials or articles ordinarily available on the open market, or contracts for <br />transportation or transmission of intelligence <br /> <br />6. Rights to Inventions Made Under a Contract or Agreement: <br />Contracts or agreements for the performance of experimental, developmental, or research <br />work shall provide for the rights of the Federal Government and Brooklyn Park in any <br />resulting invention in accordance with 37 CFR part 401, "Rights to Inventions Made by <br />Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts
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