Orange County NC Website
Browse       Search
DocuSign Envelope ID:9D2184B7-05D2-4DD9-9684-OAE766AE09DC <br /> In the event that public funds are unavailable and not appropriated for the performance of <br /> County's obligations under this Agreement,then this Agreement shall automatically expire <br /> without penalty to County immediately upon written notice to Provider of the <br /> unavailability and non-appropriation of public funds. It is expressly agreed that County <br /> shall not activate this non-appropriation provision for its convenience or to circumvent the <br /> requirements of this Agreement, but only as an emergency fiscal measure during a <br /> substantial fiscal crisis. <br /> In the event of a change in the County's statutory authority, mandate and/or mandated <br /> functions, by state and/or federal legislative or regulatory action, which adversely affects <br /> County's authority to continue its obligations under this Agreement, then this Agreement <br /> shall automatically terminate without penalty to County upon written notice to Provider of <br /> such limitation or change in County's legal authority. <br /> h. Compliance With The Contract Work Hours And Safety Standard Act. (See 29 C.F.R. <br /> §5.5) <br /> i. Overtime requirements.No Provider or sub-Provider contracting for any part of the <br /> contract work which may require or involve the employment of laborers or <br /> mechanics shall require or permit any such laborer or mechanic in any workweek in <br /> which he or she is employed on such work to work in excess of forty hours in such <br /> workweek unless such laborer or mechanic receives compensation at a rate not less <br /> than one and one-half times the basic rate of pay for all hours worked in excess of <br /> forty hours in such workweek. <br /> ii. Violation; liability for unpaid wages; liquidated damages. In the event of any <br /> violation of the clause set forth in paragraph (b)(1) of 29 C.F.R.§5.5 the Provider <br /> and any sub-Provider responsible therefor shall be liable for the unpaid wages. In <br /> addition, such Provider and sub-Provider shall be liable to the United States (in <br /> the case of work done under contract for the District of Columbia or a territory, to <br /> such District or to such territory),for liquidated damages. Such liquidated damages <br /> shall be computed with respect to each individual laborer or mechanic, including <br /> watchmen and guards, employed in violation of the clause set forth in paragraph <br /> (b)(1) of 29 C.F.R. §5.5, in the sum of$26 for each calendar day on which such <br /> individual was required or permitted to work in excess of the standard workweek <br /> of forty hours without payment of the overtime wages required by the clause set <br /> forth in paragraph (b)(1) of 29 C.F.R. <br /> §5.5. <br /> iii. Withholding for unpaid wages and liquidated damages. The (write in the name of <br /> the Federal agency or the loan or grant recipient)shall upon its own action or upon <br /> written request of an authorized representative of the Department of Labor <br /> withhold or cause to be withheld, from any moneys payable on account of work <br /> performed by the Provider or sub-Provider under any such contract or any other <br /> Federal contract with the same prime Provider, or any other federally- assisted <br /> 8 <br />