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ARPA Sourced 02-22 V3 <br />Orange County agrees that it will assist and cooperate actively with the administering <br />agency and the Secretary of Labor in obtaining the compliance of contractors and <br />subcontractors with the equal opportunity clause and the rules, regulations, and <br />relevant orders of the Secretary of Labor, that it will furnish the administering agency <br />and the Secretary of Labor such information as they may require for the supervision of <br />such compliance, and that it will otherwise assist the administering agency in the <br />discharge of the agency’s primary responsibility for ensuring compliance. <br />Orange County further agrees that it will refrain from entering into any contract or <br />contract modification subject to Executive Order 11246 of September 24, 1965, with a <br />contractor debarred from, or who has not demonstrated eligibility for, Government <br />contracts and federally assisted construction contracts pursuant to the Executive Order <br />and will carry out such sanctions and penalties for violation of the equal opportunity <br />clause as may be imposed upon contractors and subcontractors by the administering <br />agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive <br />Order. In addition, the Orange County that if it fails or refuses to comply with these <br />undertakings, the administering agency may take any or all of the following actions: <br />Cancel, termination, or suspend in whole or in part this grant (contract, loan, <br />insurance, guarantee); refrain from extending any further assistance to Orange County <br />under the program with respect to which the failure or refund occurred until <br />satisfactory assurances of future compliance has been received from such applicant; <br />and refer the case to the Department of Justice for appropriate legal proceedings. <br />B. Davis-Bacon Act, as amended (40 U.S.C. 3141-3144 and 3146-3148). Except as otherwise <br />noted herein, when required by Federal program legislation for prime construction contracts <br />over $2,000, all transactions regarding this Agreement shall be done in compliance with the <br />Davis-Bacon Act (40 U.S.C. 3141-3144 and 3146-3148) and the requirements of 29 C.F.R. pt. <br />5 as may be applicable. The Provider shall comply with 40 U.S.C. 3141-3144 and 3146-3148 <br />and the requirements of 29 C.F.R. pt. 5 as applicable. In accordance with the statute, <br />contractors are required to pay wages to laborers and mechanics at a rate not less than the <br />prevailing wages specified in a wage determination made by the Secretary of Labor. In <br />addition, contractors are required to pay wages not less than once a week. The Provider shall <br />pay its laborers and mechanics the higher of the wages specified in the referenced <br />determination by the Secretary of Labor or the Living Wage as determined in the Orange <br />County Living Wage Policy and the Orange County Operating Budget for the fiscal year in <br />which the Agreement is entered. <br />C. Copeland Anti-Kickback Act. For construction or repair work over $2,000 where the Davis- <br />Bacon Act also applies, the Provider shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, <br />and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by <br />reference into this Addendum. The Provider or subcontractor shall insert in any subcontracts <br />the preceding sentence and other such clauses as appropriate agency instructions require, and <br />also a clause requiring the subcontractor to include these clauses in any lower-tier <br />subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or <br />DocuSign Envelope ID: 299D9F95-05E8-4F8C-A972-12D5F4A313B1