Orange County NC Website
7 <br /> <br /> <br />functions, by state and/or federal legislative or regulatory action, which adversely <br />affects County’s authority to continue its obligations under this Agreement, then this <br />Agreement shall automatically terminate without penalty to County upon written <br />notice to Provider of such limitation or change in County’s legal authority. <br /> <br />g. Compliance With The Contract Work Hours And Safety Standard Act. (See 29 <br />C.F.R. §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. Orange County shall upon <br />its own action or upon written request of an authorized representative of the <br />Department of Labor withhold or cause to be withheld, from any moneys payable <br />on account of work performed by the Provider or sub-Provider under any such <br />contract or any other Federal contract with the same prime Provider, or any other <br />federally-assisted contract subject to the Contract Work Hours and Safety <br />Standards Act, which is held by the same prime Provider, such sums as may be <br />determined to be necessary to satisfy any liabilities of such Provider or sub- <br />Provider for unpaid wages and liquidated damages as provided in the clause set <br />forth in paragraph (b)(2) of 29 C.F.R. §5.5. <br /> <br />iv. Subcontracts. The Provider or sub-Provider shall insert in any subcontracts the <br />clauses set forth in paragraph (b)(1) through (4) of 29 C.F.R. §5.5 and also a <br />clause requiring the sub-Providers to include these clauses in any lower tier <br />subcontracts. The prime Provider shall be responsible for compliance by any sub- <br />Provider or lower tier sub-Provider with the clauses set forth in paragraphs (b)(1) <br />DocuSign Envelope ID: 3663C0BF-8C5D-49C3-903B-FA0BAD67CBC9