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Page 3 of 11 <br />Federal and State <br />Provisions Exhibit C <br /> <br />forth in paragraph (b)(1) of this section the consultant and any subconsultant responsible therefore shall <br />be liable for the unpaid wages. In addition, such consultant and subconsultant shall be liable to the <br />United States (in the case of work done under contract for the District of Columbia or a territory, to such <br />District or to such territory), for liquidated damages. Such liquidated damages shall be computed with <br />respect to each individual laborer or mechanic, including watchmen and guards, employed in violation <br />of the clause set forth in paragraph (b)(1) of this section, in the sum of $27 for each calendar day on <br />which such individual was required or permitted to work in excess of the standard workweek of forty <br />hours without payment of the overtime wages required by the clause set forth in paragraph (b)(1) of this <br />section. <br />c. Withholding for unpaid wages and liquidated damages. City shall upon its own action or upon written <br />request of an authorized representative of the Department of Labor withhold or cause to be withheld, <br />from any moneys payable on account of work performed by the consultant or subconsultant under <br />any such contract or any other Federal contract with the same prime consultant, or any other <br />federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is <br />held by the same prime consultant, such sums as may be determined to be necessary to satisfy any <br />liabilities of such consultant or subconsultant for unpaid wages and liquidated damages as provided <br />in the clause set forth in paragraph (b)(2) of this section. <br />d. Subcontracts. The consultant or subconsultant shall insert in any subcontracts the clauses set forth in <br />paragraph (b)(1) through (4) of this section and also a clause requiring the subconsultants to include <br />these clauses in any lower tier subcontracts. The prime consultant shall be responsible for compliance <br />by any subconsultant or lower tier subconsultant with the clauses set forth in paragraphs (b)(1) <br />through <br />(4) of this section. <br /> <br />IX. DEPARTMENT OF HOMELAND SECURITY SEAL, LOGOS, FLAGS <br />Consultant must not use the Department of Homeland Security (DHS) seal(s), logos, crests, or <br />reproductions of f lags or likenesses of DHS agency officials without specific pre-approval by <br />FEMA. <br /> <br />X. ACCESS TO RECORDS <br />The following access to records requirements apply to this contract: <br />a. Consultant agrees to provide the City, the FEMA administrator, Caltrans, the Comptroller <br />General of the United States, or any of their authorized representative access to any books, <br />documents, papers, and records of Consultant which are directly pertinent to the Contract for <br />the purposes of making audits, examinations, excerpts and transcriptions. <br />b. Consultant agrees to permit any of the foregoing parties to reproduce by any means <br />whatsoever or to copy excerpts and transcriptions as reasonably needed. <br />c. Consultant agrees to provide the FEMA Administrator and/or Caltrans Administrator or his <br />authorized representatives access to construction or other work sites pertaining to the work <br />being completed under the Contract. <br />d. In compliance with the Disaster Recovery Act of 2018, the City and Consultant acknowledge <br />and agree that no language in the Contract is intended to prohibit audits or internal reviews <br />by the FEMA Administrator or the Comptroller General of the United States. <br /> <br />XI. NO OBLIGATION BY FEDERAL GOVERNMENT <br />a. The Federal Government is not a party to the Contract or this Exhibit and is not subject to any <br />obligations or liabilities to City, consultant or any other party pertaining to any matter resulting <br />from the contract. <br /> <br />DocuSign Envelope ID: 9D598DAC-5F24-41FA-B827-97D013A47ECADocuSign Envelope ID: CEB20404-63F8-4DC5-AE6A-C5FC89DB6F87