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DocuSign Envelope ID:2E2BCC77-5982-4F2A-B3E5-E81CF2B051FA <br /> shall not activate this non-appropriation provision for its convenience or to circumvent <br /> the 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 <br /> of 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 <br /> in which he or she is employed on such work to work in excess of forty hours in <br /> such workweek unless such laborer or mechanic receives compensation at a rate <br /> not less than one and one-half times the basic rate of pay for all hours worked in <br /> excess of 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, <br /> to such District or to such territory), for liquidated damages. Such liquidated <br /> damages shall be computed with respect to each individual laborer or mechanic, <br /> including watchmen and guards, employed in violation of the clause set forth in <br /> paragraph (b)(1) of 29 C.F.R. §5.5, in the sum of$26 for each calendar day on <br /> which such individual was required or permitted to work in excess of the <br /> standard workweek of forty hours without payment of the overtime wages <br /> required by the clause set 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 <br /> upon 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 /> contract subject to the Contract Work Hours and Safety Standards Act, which is <br /> held by the same prime Provider, such sums as may be determined to be <br /> necessary to satisfy any liabilities of such Provider or sub-Provider for unpaid <br /> wages and liquidated damages as provided in the clause set forth in paragraph <br /> (b)(2) of 29 C.F.R. §5.5. <br /> 8 <br />