Agenda - 12-10-2024; 6-c - Amendment to the Network Development Agreement for Broadband Deployment with Lumos to Extend the Project Deadlines

Browse Search

DocuSign Envelope ID:32FCA70E-8C9D-4D85-AOBE-B88413353B8B 42 the federally required record retention period and as long as the records are retained (2 CFR 200.334, 200.337.). 6) Compliance with Federal Law, Regulations, And Executive Orders and Acknowledgement of Federal Funding. The Subrecipient's contractors must acknowledge federal financial assistance will be used to fund all or a portion of the contract and that the contractor must comply with all federal laws, regulations, executive orders, policies, procedures, and directives. 7) No Obligation by Federal Government or Orange County. The Federal Government, nor Orange County, are parties to any transaction between the Subrecipient and its contractor. Therefore, the Federal Government,nor Orange County, are not subject to any obligations or liable to any party for any matter relating to the contract between the Subrecipient and its contractor. 8) Affirmative Socioeconomic Steps. The Subrecipient must take six affirmative steps to ensure use of small and minority businesses, women's business enterprises, and labor surplus area firms when possible (2 CFR 200.231). One of the six steps is to require the prime contractor, if subcontracts are to be let, to take the five other affirmative steps (2 CFR 200.321(b)(6)). 9) Contracts over $2,000. All prime construction contracts in excess of $2,000 must include a provision for compliance with the Davis-Bacon Act(40 U.S.C. 3141-3144 and 3146-3148) and the requirements of 29 C.F.R. pt. 5 as may be applicable, when required by federal legislation. Contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. Contractors must be required pay their laborers and mechanics the higher of the wages specified in the referenced determination by the Secretary of Labor or the Living Wage as determined in the Orange County Living Wage Policy and the Orange County Operating Budget for the fiscal year in which the contract is entered. Subrecipient must place a copy of the prevailing wage determination in each solicitation. The decision to award a contract or subcontract must be conditioned upon acceptable of the wage determination. Subrecipient must report all suspected or reported violations to Orange County and the U.S. Treasury. For construction or repair work over$2,000 where the Davis-Bacon Act also applies,the contractor must include a provision for compliance with the Copeland Anti-Kickback Act, 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3. The Act provides each contractor must be prohibited from inducing, by any means, any person employed in the construction, completion of repair or public work, to give up any part of the compensation to which he or she is otherwise entitled. Contractors shall insert in any subcontracts the sentence "the contractor shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by reference into this contract,"and other such clauses as appropriate agency instructions require, and also a clause requiring the contractor to include these clauses in any lower- tier subcontracts. The contractor must be responsible for compliance by any subcontractor or lower tier subcontractor with these contract clauses. A breach of the requirements of this provision may 23