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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 /> 12 <br /> b. Provider shall be responsible for all Provider, subcontractor, and sub-subcontractor errors or <br /> omissions, in the performance of the Agreement together with the errors and omissions of any <br /> agent or employee of the Provider or any subcontractor or sub-subcontractor. Provider shall <br /> correct any and all errors, omissions, discrepancies, ambiguities, mistakes or conflicts at no <br /> additional cost to the County. <br /> c. Provider is an independent contractor of the County. Any and all employees of the Provider <br /> engaged by the Provider in the performance of any work or services required of the Provider <br /> under this Agreement, shall be considered employees or agents of the Provider only and not of <br /> the County, and any and all claims that may or might arise under any workers compensation or <br /> other law or contract on behalf of said employees while so engaged shall be the sole obligation <br /> and responsibility of the Provider. <br /> d. Provider shall at all times remain in compliance with all applicable local, state, and federal laws, <br /> rules, and regulations including but not limited to all state and federal -discrimination laws, <br /> policies, rules, and regulations and the Orange County Non-Discrimination Policy and Orange <br /> County Living Wage Policy(each policy is incorporated herein by reference and may be viewed <br /> at hq://www.oran eg c�tync. og v/departments/purchasing division/contracts.php). Any <br /> violation of the Orange County Non-Discrimination Policy is a breach of this Agreement and <br /> County may immediately terminate this Agreement without further obligation on the part of the <br /> County. This paragraph is not intended to limit and does not limit the definition of breach to <br /> discrimination. <br /> e. If activities related to the performance of this Agreement require specific licenses,certifications, <br /> or related credentials Provider represents that it and/or its employees, agents and subcontractors <br /> engaged in such activities possess such licenses, certifications, or credentials and that such <br /> licenses certifications, or credentials are current, active, and not in a state of suspension or <br /> revocation. <br /> f. The Provider shall supervise and direct the Work efficiently and with the Provider's best skill <br /> and attention. Except as specifically set forth in the Contract Documents the Provider shall be <br /> solely responsible for the means, methods, techniques, sequences and procedures of <br /> construction, and for safety precautions and programs in connection with the Work. The <br /> Provider shall be responsible to see that the finished Work complies accurately with the Contract <br /> Documents. <br /> g. Provider commits to making best efforts to retain two Orange County residents as employees for <br /> the first five years of Network construction and operation. In the event the total Orange County <br /> residents employed by Provider is less than two,Provider's best efforts shall include recruitment <br /> of County residents,particularly those at local County colleges. <br /> h. The Provider shall attend all progress conferences and all other meetings or conferences either <br /> in-person or remotely. The Provider shall be represented at these progress conferences by <br /> Provider employees with decision-making authority and by such other representatives as the <br /> County may direct. <br /> 12. SUBAWARD TO PROVIDER <br /> 10 <br />
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