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8 <br /> <br /> <br /> <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 /> <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 /> <br />h. Compliance With The Contract Work Hours And Safety Standard Act. (See 29 C.F.R. <br />§5.5) <br /> <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 /> <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 /> <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 />DocuSign Envelope ID: 897D9094-AED3-4A92-8A48-4C2990E2598B