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M 211 <br /> i!�!3fi'E' MIAMI-DADE TRANSIT OFFICE OF CIVIL RIGHTS AND LABOR RELATIONS DBE PROGRAM <br /> Comptroller General or any authorized officer or employee of any of them for the purposes of <br /> conducting an audit and inspection. <br /> (4) All parties agree to permit any of the foregoing parties to reproduce by any means <br /> whatsoever or to copy excerpts and transcriptions as reasonably needed. <br /> (5)The Municipality, Contractor or Subcontractor agree to maintain all books, records, accounts <br /> and reports required under this contract for a period of not less than three years after the date <br /> of termination or expiration of this contract, except in the event of litigation or settlement of <br /> claims arising from the performance of this contract, in which case Municipality, Contractor or <br /> Subcontractor agree to maintain same until Miami Dade County, the FTA Administrator, the <br /> Comptroller General, or any of their duly authorized representatives, have disposed of all such <br /> litigation, appeals, claims or exceptions related thereto. Reference 49 CFR 18.39(i)(11). <br /> The parties agree to report to Miami-Dade Transit their activities and expenditures on the <br /> attached forms, or via any medium that Miami-Dade Transit may request, or any other forms to <br /> be provided at later date by Miami-Dade Transit. <br /> DAVIS-BACON AND COPELAND ANTI-KICKBACK ACTS <br /> (1) Minimum wages <br /> (i) All laborers and mechanics employed or working upon the site of the work (or under the <br /> United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or <br /> development of the project), will be paid unconditionally and not less often than once a week, <br /> and without subsequent deduction or rebate on any account(except such payroll deductions as <br /> are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR <br /> part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof)due <br /> at time of payment computed at rates not less than those contained in the wage determination <br /> of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any <br /> contractual relationship which may be alleged to exist between the contractor and such laborers <br /> and mechanics. <br /> Contributions made or costs reasonably anticipated for bona fide fringe benefits under section <br /> 1(b)(2)of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to <br /> such laborers or mechanics, subject to the provisions of paragraph (1)(iv) of this section; also, <br /> regular contributions made or costs incurred for more than a weekly period (but not less often <br /> than quarterly) under plans, funds, or programs which cover the particular weekly period, are <br /> deemed to be constructively made or incurred during such weekly period. Such laborers and <br /> mechanics shall be paid the appropriate wage rate and fringe benefits on the wage <br /> determination for the classification of work actually performed, without regard to skill, except as <br /> provided in 29 CFR Part 5.5(a)(4). Laborers or mechanics performing work in more than one <br /> classification may be compensated at the rate specified for each classification for the time <br /> actually worked therein: Provided that the employer's payroll records accurately set forth the <br /> time spent in each classification in which work is performed. The wage determination (including <br /> any additional classifications and wage rates conformed under paragraph (1)(ii) of this section) <br /> and the Davis-Bacon poster (WH-1321) shall be posted at all times by the contractor and its <br /> subcontractors at the site of the work in a prominent and accessible place where it can be easily <br /> seen by the workers. <br /> EB/amb <br /> MDT—OCR/LR <br /> DBE FORMS (Rev.6/2009) <br />