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34. Usage: No guarantee is given by County to Contractor regarding usage of this Contract. Usage figures,if provided,are approximations. Contractor agrees to supply services and/or commodities requested, as needed by County of Orange, at rates/prices listed in Contract,regardless of quantity requested.Unlimited message delivery modalities including SMS,voice,email or Everbridge Mobile App for all communications and messaging.If Client excessively uses the SMS or Voice modalities for non-public safety messaging, in Contractor's reasonable discretion, Client and Contractor shall engage in good faith discussions about best practices for messaging. 35. Usage Reports: Contractor shall submit usage reports on an annual basis to the assigned Deputy Purchasing Agent of County of Orange user agency/department. The usage report shall be in a format specified by the user agency/department and shall be submitted 90 days prior to the expiration date of Contract term,or any subsequent renewal term,if applicable. 36. Networks and Carriers: The Solution delivers information for supported Contact paths to public and private networks and carriers, but Contractor cannot guarantee delivery of the information to the recipients. Final delivery of information to recipients is dependent on and is the responsibility of the designated public and private networks or carriers. 37. Federal Grant Funds: The following shall apply to purchases made through the expenditure of Federal Grant Funds by the Orange County Sheriffs Department: i. Clean Air Act(42 U.S.C.7401-7671q.)and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as amended— If this Agreement is in excess of $150,000, Contractor shall comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act(42 U.S.C. 7401-7671q) and the federal Water Pollution Control Act as amended (33 U.S.C. 1.2.51.-1387). Violations shall be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency(EPA). H. Energy Policy and Conservation Act Provision: Contractor shall follow mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act(Pub.L.94-163,89 Stat. 871). iii. Certifications: Federal Grant Funds: Contractor is informed and understands that this Contract is being; partially funded by Federal Grant Funds. Contractor agrees to the following in relation to executing this Contract. l. Audit Records-With respect to all matters covered by this agreement all records shall be made available for audit and inspection by the grant agency and/or their duly authorized representatives 'for a period of three (3) years from the termination of this Contract. 2. Contractor will comply,with all requirements of the Copeland"Anti-Kickback." Act (18 U.S.C. 874) as supplemented in Department of Labor Regulations (29 CFR Part 3),as applicable 3. Contractor will comply, with all requirements of Sections 103 and 107 of the Contractor Work and Safety Standards Act(40 U.S.0 327-330)as supplemented by Department of Labor regulations(29 CPR Part 5),as applicable." Counly of Orange Mil-060--25010178 File No,2424402 SherO=Coronet/Purchasing Services Bureau Public Mass Nolificallon S}slern Page 20 of 57