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Agenda - 12-10-2024; 6-c - Amendment to the Network Development Agreement for Broadband Deployment with Lumos to Extend the Project Deadlines
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Agenda - 12-10-2024; 6-c - Amendment to the Network Development Agreement for Broadband Deployment with Lumos to Extend the Project Deadlines
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12/5/2024 2:08:31 PM
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BOCC
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12/10/2024
Meeting Type
Business
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Agenda
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6-c
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Agenda for December 10, 2024 BOCC Meeting
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DocuSign Envelope ID:32FCA70E-8C9D-4D85-AOBE-B88413353B8B <br /> 28 <br /> and services provided or made available by state and local governments or <br /> instrumentalities or agencies thereto. <br /> i. Suspension and Debarment. The Subrecipient must comply with 2 C.F.R. pt. 180, <br /> subpart C and 2 C.F.R. pt. 3000, subpart C, while this Agreement is valid and <br /> throughout the period of any contract that may arise from this Agreement, and must <br /> include a requirement to comply with these regulations in any lower tier covered <br /> transaction it enters into. <br /> i. The Subrecipient certifies that neither it, nor any of its principals ((defined at 2 <br /> C.F.R. § 180.995) or its affiliates (defined at 2 C.F.R. § 180.905) are excluded <br /> (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935) <br /> from participation in federal assistance awards or contracts. <br /> ii. Subrecipient further agrees that it will notify the County immediately if it or any <br /> of its principals is placed on the list of parties excluded from federal <br /> procurement or nonprocurement programs available at www.sam.gov. <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 /> j. Compliance With The Contract Work Hours And Safety Standard Act40( 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 /> 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 /> 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 /> 8 <br />
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