Orange County NC Website
~-~-- <br />.~ <br /> <br />E~Ev ~~U PaGE <br />zo <br />T5. OvertiRle •• "~ <br />(al TMe Lessor shall not require or permit any laborer Or ntechanie in any worltv-bek in which he isemplayed on srry work under this <br />,~ar~ement to work in excess of 8 hours in any calendar day or in excess of 40 hours in wch workweek on work subject to the provisions of the <br />^,antract Work Hours and Safety Standards Act (CG U,S.C. 327.3331 unless such laborer or mechanic nstxives compensation at a rate not less <br />than one and one•hal( times his basic rata of pay for all such hours worked in extxss of $ hours in any calendar day or in exrxss of 4q hours in <br />such workvxek, whicltever is the greaser number of overtime hours. The "basic rate pf pay", as used in this clause, shall be the amount paid per <br />hour, exclusive 'of the Lessor's contribution or cost for fringe benefits and any trash payment made in lieu of providing fringe benefits, or the <br />basic hautly rate contained in the wage deu:rmination lif appticabiel, witi[hever is greater. . <br />(b) In the event of any violation of the provisions of paragraph (a1, the Lessor shall be liable t4 any affet:ted employee for any amounts <br />due, and to the Postal Service far liquidated damages. Such liquidaud damages shall be computed with respect to each individual laborer or <br />mechanic employed in violation of the provisions of paragraph (al in the sum of $10 for each calendar day on which cads employee was required <br />or permitted to be employed on such war(C in etxrxss of 8 (tours or in excess of the xtandard workweek of 4D hours without payment of the <br />h .. <br />overtime wages required by paragraph.lal. - ''" <br />lc) The Contracting 17fficer may withhold from the Lessor. from any moneys payable under the lease, such sums as may axfmin- <br />istratively be determined to be necessary m satisfy any liabilieiea of the Lessor fpr unpaid wages and liquidated damages. <br />16. Health and Safety Standards <br />la) To tfte extent this agreement is for eoriservetion, alteration, and/or repair, including painting and decorating, the Lessor shall not <br />require any laborer or mechanic employed in the perfprmanoe of this agreement to work in surroundings or under working conditions which arc <br />unsanitary, hazardous, yr dangerous to his health or safety as determined under standards pramutgaaed by the Secretary of Labor under the <br />authority of 40 U.S.C. 333 Isee Z9 CFR Part 1518). • <br />Ib! In the even[ it is determined that the Lessor has failed to comply with this provision regarding health and safety standardls, the <br />Postal Service, in its discretion, may cancel this agreement, contract for the balance of the work or term, and charge ZA the Lessor the additignal <br />cost, if any, int:urred'thereby, <br />17. Subcontract Provisions ~ ~ ~ ~ - • <br />~ .. <br />ThP Lessor agrees to insert Clauses 14, 15, 16 and 17 of this Agreement in all wbconsraets hereunder and to require their inclusion in all <br />subcontracts of Ivwer tier. The term "'Lessor' as used in these raauses in any submntrect'shall be deemed to refer to the wboontrector, <br />18. Assignment of Claims <br />lal If this agreemene provides for payments aggregating S1,pl]0 or more, claims for moneys due or to become due the Lessor from the <br />Postal Service under this Lease may bt assigned to a bank, trust company, ar other financing institution, including any Federal tending agency, <br />and may thereafter be further assigned and reassigned to any such institution. Any such assignment ar reassignment shall cover all amounts <br />payable under this Leese and not already paid, and shall not be made w more than one party except that any such assignment er reassignment <br />may be made to one parry as agent or trustee Ior two or more parties participating in such financing: No assignment or reassignment will be <br />rr:cocnized as valid and binding upon the Postal Service unless a written notice of the assignment or reassignment, together with a true copy of <br />the instrument of assignment, is filed with (i) the Contracting Officer, (ii) the surety or sureties upon the. band or bonds, if any, in Connection <br />with this Itsase; and {iiil the disbursing otficpr, if any, designated in this lease to make payment, and the Contracting Officer has acknowledged <br />the assign men t in. writing, <br />Ib1 Assignment of this lease or any interest in this lease other than in accordantz with the provisions of this clause shaft be grounds for <br />annulment of the lease at the oprion ai the Postal Service, <br />19. I` the premises are mortgaged prior to or during the term of this lease, including any renewal option periods, the Lessor shall so inform <br />the Contracting Officer and shall, upon request, furnish a mortgage subo?rdination agreement on PS Form 745(7. <br />2t). The following paragrapfts were deleted before execution: <br />Paragraphs 5, 8 and Z3 are deleted. <br />