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9 <br /> <br />iii. This certification is a material representation of fact relied on by Orange County. <br />If it is later determined that the Subrecipient did not comply with 2 C.F.R. pt. <br />180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies made <br />available to Orange County, the Federal Government may pursue available <br />remedies, including but not limited to suspension and/or debarment. <br /> <br />j. Compliance With The Contract Work Hours And Safety Standard Act (40 U.S.C. <br />3701-3708). Should this Agreement involve federal funds in excess of $100,000 and <br />the employment of mechanics or laborers, including watchmen and guards, <br />Subrecipient shall comply with 40 U.S.C. 3702 and 3704, as supplemented by <br />Department of Labor regulations (29 CFR Part 5), as follows: <br /> <br />i. Overtime requirements. No Subrecipient or sub-contractor contracting for any <br />part of the contract work which may require or involve the employment of <br />laborers or mechanics shall require or permit any such laborer or mechanic in <br />any workweek in which he or she is employed on such work to work in excess <br />of forty hours in such workweek unless such laborer or mechanic receives <br />compensation at a rate not less than one and one-half times the basic rate of pay <br />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 />Subrecipient and any sub-contractor responsible therefor shall be liable for the <br />unpaid wages. In addition, such Subrecipient and sub-contractor shall be liable <br />to the United States (in the case of work done under contract for the District of <br />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 in <br />violation of the clause set forth in paragraph (b)(1) of 29 C.F.R. §5.5, in the sum <br />of $26 for each calendar day on which such individual was required or permitted <br />to work in excess of the standard workweek of forty hours without payment of <br />the overtime wages required by the clause set forth in paragraph (b)(1) of 29 <br />C.F.R. §5.5. <br /> <br />iii. Withholding for unpaid wages and liquidated damages. Orange County shall <br />upon its own action or upon written request of an authorized representative of <br />the Department of Labor withhold or cause to be withheld, from any moneys <br />payable on account of work performed by the Subrecipient or sub-contractor <br />under any such contract or any other Federal contract with the same prime <br />contractor, or any other federally-assisted contract subject to the Contract Work <br />Hours and Safety Standards Act, which is held by the same prime contractor, <br />such sums as may be determined to be necessary to satisfy any liabilities of such <br />Subrecipient or sub-contractor for unpaid wages and liquidated damages as <br />provided in the clause set forth in paragraph (b)(2) of 29 C.F.R. §5.5. <br /> <br />iv. Subcontracts. The Subrecipient or sub-contractor shall insert in any subcontracts <br />the clauses set forth in paragraph (b)(1) through (4) of 29 C.F.R. §5.5 and also <br />a clause requiring the sub-contractors to include these clauses in any lower tier <br />subcontracts. The prime contractor shall be responsible for compliance by any <br />DocuSign Envelope ID: E9696229-2C10-4E21-876A-3D5C1D00DF70