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Docusign Envelope ID: FFF6ECOC-4725-4086-B68A-BC5F9FDE53E6 <br /> 14 <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 /> E. Clean Air Act(42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act(33 <br /> U.S.C. 1251-1387), as amended—Should this purchase involve federal funds in excess of <br /> $150,000 Provider shall comply with all applicable standards, orders or regulations issued <br /> ARPA Sourced 01/22 FINAL <br />