Orange County NC Website
Browse       Search
ARPA Sourced 02-22 V3 <br />lower tier subcontractor with these contract clauses. A breach of the requirements of this <br />provision may be grounds for termination of the contract, and for debarment as a contractor <br />and subcontractor as provided in 29 C.F.R. § 5.12. <br />D. Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Should this <br />Agreement involve federal funds in excess of $100,000 and the employment of mechanics or <br />laborers, including watchmen and guards, Provider shall comply with 40 U.S.C. 3702 and <br />3704, as supplemented by Department of Labor regulations (29 CFR Part 5), as follows: <br />1. 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 mechanics shall <br />require or permit any such laborer or mechanic in any workweek in which he or she is <br />employed on such work to work in excess of forty hours in such workweek unless such <br />laborer or mechanic receives compensation at a rate not less than one and one-half times <br />the basic rate of pay for all hours worked in excess of forty hours in such workweek. <br />2. Violation; liability for unpaid wages; liquidated damages. In the event of any violation of <br />the clause set forth in paragraph (b)(1) of 29 C.F.R.§5.5 the Provider and any sub-Provider <br />responsible therefor shall be liable for the unpaid wages. In addition, such Provider and <br />sub-Provider shall be liable to the United States (in the case of work done under contract <br />for the District of Columbia or a territory, to such District or to such territory), for <br />liquidated damages. Such liquidated damages shall be computed with respect to each <br />individual laborer or mechanic, including watchmen and guards, employed in violation of <br />the clause set forth in paragraph (b)(1) of 29 C.F.R. §5.5, in the sum of $26 for each <br />calendar day on which such individual was required or permitted to work in excess of the <br />standard workweek of forty hours without payment of the overtime wages required by the <br />clause set forth in paragraph (b)(1) of 29 C.F.R. §5.5. <br />3. Withholding for unpaid wages and liquidated damages. Orange County shall upon its own <br />action or upon written request of an authorized representative of the Department of Labor <br />withhold or cause to be withheld, from any moneys payable on account of work performed <br />by the Provider or sub-Provider under any such contract or any other Federal contract with <br />the same prime 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 Provider, such <br />sums as may be determined to be necessary to satisfy any liabilities of such Provider or <br />sub-Provider for unpaid wages and liquidated damages as provided in the clause set forth <br />in paragraph (b)(2) of 29 C.F.R. §5.5. <br />4. Subcontracts. The Provider or sub-Provider shall insert in any subcontracts the clauses set <br />forth in paragraph (b)(1) through (4) of 29 C.F.R. §5.5 and also a clause requiring the sub- <br />Providers to include these clauses in any lower tier subcontracts. The prime Provider shall <br />be responsible for compliance by any sub- Provider or lower tier sub-Provider with the <br />clauses set forth in paragraphs (b)(1) through (4) of 29 C.F.R. §5.5. <br />DocuSign Envelope ID: 299D9F95-05E8-4F8C-A972-12D5F4A313B1