2022-230-E-Agin-Rymackees Café & Caterer-Lunch

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all of the following actions: Cancel, termination, or suspend in whole or in part this grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to Orange County under the program with respect to which the failure or refund occurred until satisfactory assurances of future compliance has been received from such applicant; and refer the case to the Department of Justice for appropriate legal proceedings. B. Davis-Bacon Act, as amended (40 U.S.C. 3141-3144 and 3146-3148). Except as otherwise noted herein, when required by Federal program legislation for prime construction contracts over $2,000, all transactions regarding this Agreement shall be done in compliance with the Davis-Bacon Act (40 U.S.C. 3141-3144 and 3146-3148) and the requirements of 29 C.F.R. pt. 5 as may be applicable. The Provider shall comply with 40 U.S.C. 3141-3144 and 3146-3148 and the requirements of 29 C.F.R. pt. 5 as applicable. In accordance with the statute, contractors are required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors are required to pay wages not less than once a week. The Provider shall pay its laborers and mechanics the higher of the wages specified in the referenced determination by the Secretary of Labor or the Living Wage as determined in the Orange County Living Wage Policy and the Orange County Operating Budget for the fiscal year in which the Agreement is entered. C. Copeland Anti-Kickback Act. For construction or repair work over $2,000 where the Davis- Bacon Act also applies, the Provider shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by reference into this Addendum. The Provider or subcontractor shall insert in any subcontracts the preceding sentence and other such clauses as appropriate agency instructions require, and also a clause requiring the subcontractor to include these clauses in any lower-tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with these contract clauses. A breach of the requirements of this provision may be grounds for termination of the contract, and for debarment as a contractor and subcontractor as provided in 29 C.F.R. § 5.12. D. Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Should this Agreement involve federal funds in excess of $100,000 and the employment of mechanics or laborers, including watchmen and guards, Provider shall comply with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5), as follows: 1. Overtime requirements. No Provider or sub-Provider contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. 2. Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (b)(1) of 29 C.F.R.§5.5 the Provider and any sub-Provider responsible therefor shall be liable for the unpaid wages. In addition, such Provider and sub-Provider shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (b)(1) of 29 C.F.R. §5.5, in the sum of $26 for each calendar day on which such individual was required or permitted to work in excess of DocuSign Envelope ID: 0FEF0829-8FBB-4466-A647-077035DACBF6