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XII. LIVING WAGE. <br />A. PROVIDER agrees to pay all workers employed by PROVIDER in the performance of this <br />Agreement, whether on a full-time or part-time basis, the prevailing living wage as defined in <br />section 25.015(1)(f), Dane County Ordinances. PROVIDER agrees to make available for <br />COUNTY inspection PROVIDER's payroll records relating to employees providing services <br />on or under this Agreement or subcontract. <br />B. If any payroll records of PROVIDER contain any false, misleading or fraudulent information, <br />or if PROVIDER fails to comply with the provisions of section 25.015 of the Dane County <br />Code of Ordinances, COUNTY may withhold payments on the Agreement, terminate, cancel <br />or suspend the Agreement in whole or in part, or, after a due process hearing, deny <br />PROVIDER the right to participate in bidding on future county contracts for a period of one <br />year after the first violation is found and for a period of 3 years after a second violation is <br />found. <br />C. PROVIDER agrees to submit to COUNTY a certification as required in section 25.015(7) of <br />the Dane County Code of Ordinances. <br />D. PROVIDER agrees to display COUNTY's current living wage poster in a prominent place <br />where it can be easily seen and read by persons employed by PROVIDER. <br />E. PROVIDER shall ensure that any subcontractors comply with the provisions of this section <br />The following are exemptions from the requirements of this section: <br />1. When the Maximum Cost of the Agreement is less than $5,000; <br />2. When the provider is a school district, a municipality, or other unit of government, <br />and the provisions of this Section XII are therefore not applicable; <br />3. When the County is purchasing residential services at an established per bed rate; <br />4. When employees are persons with disabilities working in employment programs and <br />the provider holds a current sub -minimum wage certificate issued by the U.S. <br />Department of Labor or where such a certificate could be issued but for the fact that <br />the employer is paying a wage higher than the minimum wage; <br />5. When an individual receives compensation for providing services to a family <br />member; <br />6. When employees are student interns; <br />7. When the provider meets any other criteria for exemption outlined in section <br />25.015(1)(d) of the Dane County Code of Ordinances; and <br />8. Where the contract is funded or co -funded by a government agency requiring a <br />different living wage, the higher wage requirement shall prevail. <br />XIII. MISCELLANEOUS. <br />A. Registered Agent. PROVIDER warrants that it has complied with all necessary <br />requirements to do business in the State of Wisconsin, that the persons executing this <br />Agreement on its behalf are authorized to do so, and, if a corporation, that the name and <br />address of PROVIDER's registered agent is as set forth opposite the heading REGISTERED <br />AGENT on page 1 of this Agreement. PROVIDER shall notify COUNTY immediately, in <br />writing, of any change in its registered agent, his or her address, and PROVIDER's legal <br />status. For a partnership, the term 'registered agent' shall mean a general partner. <br />B. Limitation Of Agreement. This Agreement is intended to be an agreement solely between <br />the parties hereto and for their benefit only. No part of this Agreement shall be construed to <br />add to, supplement, amend, abridge or repeal existing duties, rights, benefits or privileges of <br />any third parry or parties, including but not limited to employees of either of the parties. <br />Dane County -University of Minnesota Air Pollution Inventory POS Agreement FINAL.doc Page 5 of 13 <br />Last edited Friday, August 1, 2014 <br />