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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DocuSign Envelope ID:32FCA70E-8C9D-4D85-AOBE-B88413353B8B 43 be grounds for termination of the contract, and for debarment as a contractor and subcontractor as provided in 29 C.F.R. § 5.12. Subrecipient must report all suspected or reported violations to Orange County and the U.S. Treasury. 10)Contracts Over $10,000. All contracts in excess of$10,000 must address termination for cause and for convenience by the Subrecipient, including the manner by which it will be affected and the basis for settlement. For contracts for purchases of$10,000 or more, the Subrecipient and its contractors must also comply with Section 6002 of the Solid Waste Disposal Act, which generally requires procuring only items designated by the EPA at 40 CFR Part 247 as containing"highest percentage of recovered materials practicable." 11)Contracts over $100,000. In general, all contracts awarded by Subrecipient of more than $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with statutory requirements on work hours and safety standards. Under 40 U.S.C. 3702, each contractor must base wages for every mechanic and laborer on a standard 40-hour work week. Work over 40 hours is allowed, so long as the worker is paid at least one and a half times the base pay rate for all hours worked over 40 hours in the work week. Additionally, for construction work, under 40 U.S.C. 3704,work surroundings and conditions for laborers and mechanics must not be unsanitary or unsafe. Relevant definitions are at 40 U.S.C. 3701 and 29 CFR 5.2. If applicable per the standard described above, Subrecipient must include the provisions at 29 CFR 5.5(b)(1)-(4), verbatim, into all applicable contracts, and all applicable contractors must include these provisions, in full, into any subcontracts. In addition to the required language from 29 CFR 5.5(b)(1)-(4), in any contract subject only to the Contract Work Hours and Safety Standards Act and not to any other statutes cited in 29 CFR 5.1, Subrecipient must also insert a clause meeting the requirements of 29 CFR 5.5(c). Non-federal entities who intend to award contracts of more than$100,000, and their contractors who intend to award subcontracts of more than $100,000, must include a contract provision prohibiting the use of federal appropriated funds to influence officers or employees of the Federal Government. Contractors that apply or bid for a contract for more than $100,000 must also file the required certification regarding lobbying. Each tier certifies to the tier above that it will not and has not used federal appropriated funds to pay any person or organization for influencing or attempting to influence an employee of a federal agency, a Member of Congress, an employee of Congress, or an employee of a Member of Congress in connection with receiving any federal contract, grant, or other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. 12)Contracts over $150,000. For contracts over $150,000, contracts must contain a provision requiring contractors to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act,42 U.S.C. § 7401 et seq, and Water Pollution Control Act, 33 U.S.C. § 1251 et seq. Violations must be reported to the Department of Treasury and the Regional Office of the Environmental Protection Agency (EPA). 24