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<br />Orange County Outside Agency Performance Agreement Page 6 of 13 <br />Rev.9/21 <br />in any workweek in which he or she is employed on such work to work in <br />excess of forty hours in such workweek unless such laborer or mechanic <br />receives compensation at a rate not less than one and one-half times the <br />basic rate of pay for all hours worked in excess of forty hours in such <br />workweek. <br /> <br />ii. Violation; liability for unpaid wages; liquidated damages. In the event of <br />any violation of the clause set forth in paragraph (b)(1) of 29 C.F.R.§5.5 <br />the Provider and any sub-Provider responsible therefor shall be liable for <br />the unpaid wages. In addition, such Provider and sub-Provider shall be <br />liable to the United States (in the case of work done under contract for the <br />District of Columbia or a territory, to such District or to such territory), for <br />liquidated damages. Such liquidated damages shall be computed with <br />respect to each individual laborer or mechanic, including watchmen and <br />guards, employed in violation of the clause set forth in paragraph (b)(1) of <br />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 <br />workweek of forty hours without payment of the overtime wages required <br />by the clause set 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 <br />name of the Federal agency or the loan or grant recipient) shall upon its <br />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 <br />payable on account of work performed by the Provider or sub-Provider <br />under 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 <br />C.F.R. §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 <br />apply or bid for an award of $100,000 or more shall file the required certification. Each <br />tier certifies to the tier above that it will not and has not used Federal appropriated funds <br />to pay any person or organization for influencing or attempting to influence an officer or <br />employee of any agency, a Member of Congress, officer or employee of Congress, or an <br />employee of a Member of Congress in connection with obtaining any Federal contract, <br />grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any <br />lobbying with non-Federal funds that takes place in connection with obtaining any Federal <br />DocuSign Envelope ID: 3B9D32F2-BCE5-494E-B2DF-78A17389E8BA