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<br />Orange County Outside Agency Performance Agreement Page 6 of 13 <br />Rev.9/21 <br />receives compensation at a rate not less than one and one-half times the basic <br />rate of pay for all hours worked in excess of 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 <br />Provider and any sub-Provider responsible therefor shall be liable for the <br />unpaid wages. In addition, such Provider and sub-Provider shall be liable <br />to the United States (in the case of work done under contract for the District <br />of Columbia or a territory, to such District or to such territory), for liquidated <br />damages. Such liquidated damages shall be computed with respect to each <br />individual laborer or mechanic, including watchmen and guards, employed <br />in violation of the clause set forth in paragraph (b)(1) of 29 C.F.R. §5.5, in <br />the sum of $26 for each calendar day on which such individual was required <br />or permitted to work in excess of the standard workweek of forty hours <br />without payment of the overtime wages required by the clause set forth in <br />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 <br />name of the Federal agency or the loan or grant recipient) shall upon its own <br />action or upon written request of an authorized representative of the <br />Department of Labor withhold or cause to be withheld, from any moneys <br />payable on account of work performed by the Provider or sub-Provider under <br />any such contract or any other Federal contract with the same prime <br />Provider, or any other federally- assisted contract subject to the Contract <br />Work Hours and Safety Standards Act, which is held by the same prime <br />Provider, such sums as may be determined to be necessary to satisfy any <br />liabilities of such Provider or sub-Provider for unpaid wages and liquidated <br />damages as provided in the clause set forth in paragraph (b)(2) of 29 C.F.R. <br />§5.5. <br /> <br />iv. Subcontracts. The Provider or sub-Provider shall insert in any subcontracts <br />the clauses set forth in paragraph (b)(1) through (4) of 29 C.F.R. §5.5 and <br />also a clause requiring the sub-Providers to include these clauses in any <br />lower tier subcontracts. The prime Provider shall be responsible for <br />compliance by any sub-Provider or lower tier sub-Provider with the clauses <br />set forth in paragraphs (b)(1) through (4) of 29 C.F.R. §5.5. <br /> <br />l. Byrd Anti-Lobbying Amendment, 31 U.S.C. § 1352 (as amended). Providers who apply <br />or bid for an award of $100,000 or more shall file the required certification. Each tier <br />certifies to the tier above that it will not and has not used Federal appropriated funds to pay <br />any person or organization for influencing or attempting to influence an officer or employee <br />of any agency, a Member of Congress, officer or employee of Congress, or an employee of <br />a Member of Congress in connection with obtaining any Federal contract, grant, or any <br />other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with <br />non-Federal funds that takes place in connection with obtaining any Federal award. Such <br />disclosures are forwarded from tier to tier up to the recipient who in turn will forward the <br />certification(s) to the awarding agency. <br /> <br />DocuSign Envelope ID: 9C0D1243-D858-43C4-ADB1-456357F3F267