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Agenda 09-04-2025; 6-a - Amendment to the Network Development Agreement for Broadband Deployment with Lumos to Extend the Project Deadlines and Revise Passings
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Agenda 09-04-2025; 6-a - Amendment to the Network Development Agreement for Broadband Deployment with Lumos to Extend the Project Deadlines and Revise Passings
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8/28/2025 2:32:52 PM
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BOCC
Date
9/4/2025
Meeting Type
Business
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Agenda
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6-a
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DocuSign Envelope ID:32FCA70E-8C9D-4D85-AOBE-B88413353B8B <br /> 11 <br /> (xi) Maintenance. Provider shall comply with customer service quality metrics as <br /> described in Attachment E. Such metrics shall be uniform to all service within the <br /> County. <br /> d. Communications Services to County. Provider shall provide broadband Internet access <br /> service to all County-owned or operated facilities, and public service facilities (including fire <br /> stations) that are Passed by the Network at no charge until June 30, 2028. These facilities shall <br /> include, at a minimum, those identified as County XPON Sites in Attachment F. <br /> e. Dark Fiber Leases or IRUs. Provider may lease, or grant an indefeasible right of use (IRU) <br /> with respect to, dark fiber strands contained within the Network. Unless expressly agreed in <br /> writing by County, no dark fiber lease or IRU shall operate to relieve Provider from any of its <br /> obligations under this Agreement, including the provision of Communication Services. <br /> 9. MAINTENANCE <br /> a. Facilities. Provider will perform all necessary scheduled and emergency Maintenance and <br /> restoration on Network facilities it constructs, including but not limited to trunk fiber, the <br /> distribution network portion of the Network, and Service Drops to Customers. Provider shall <br /> respond promptly to any complaints from any property owners. Provider agrees to repair any <br /> damage to Customers' yards and any real or personal property, and to take reasonable action to <br /> restore the Customer's property to the condition that it existed when the Customer signed up <br /> for service,normal wear and tear excepted,within a reasonable amount of time. <br /> b. Network Electronics. Provider will Maintain all electronics, optronics,routers, switches and <br /> other equipment used to activate and operate the Network. Provider will schedule and <br /> perform periodic inspections, Maintenance, and repair to identify and correct any failure, <br /> interruption, or impairment in the operation of the Network. <br /> c. Customer service quality metrics.-Provider shall perform all maintenance necessary to <br /> comply with the customer service quality metrics found in Attachment E. <br /> 10. NETWORK OWNERSHIP <br /> Ownership of equipment or real property acquired using Subaward funds shall vest in Provider, as the <br /> acquiring entity, subject to the limitations set forth in 2 CFR §§ 200.311 and 200.313. Title in such property <br /> shall be conditional and subject to such property being used only for the originally authorized purpose, for the <br /> duration of its useful life. No Party may encumber or transfer Award-funded property without first notifying <br /> and, if necessary, obtaining the consent of Authorities. <br /> 11. STANDARD OF CARE <br /> a. The Provider shall exercise reasonable care and diligence in performing the Work in accordance <br /> with generally accepted standards relating to network development projects of this type <br /> throughout the United States and in accordance with Applicable Standards. Provider is solely <br /> responsible for the professional quality, accuracy and timely completion and/or submission of <br /> all work. <br /> 9 <br />
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