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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
Document Type
Agenda
Agenda Item
6-a
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DocuSign Envelope ID:32FCA70E-8C9D-4D85-AOBE-B88413353B8B <br /> 158 <br /> b. The Subrecipient shall perform the Scope of Services in accordance with the program <br /> budget as approved by the County and attached hereto as Exhibit C,Approved Budget. <br /> c. The Subrecipient may not transfer allocated funds along cost categories within a <br /> budgeted program account without the prior written approval of the County; nor shall <br /> the Subrecipient make any changes, directly or indirectly, in program design or in the <br /> Scope of Services or Approved Budget without the prior written approval of the <br /> County. <br /> 5. Compensation. <br /> a. The County agrees to provide the Subrecipient the maximum sum of ten million dollars <br /> ($10,000,000.00)for costs actually incurred and paid by the Subrecipient in accordance <br /> with the Approved Budget and for the performance of the Scope of Services under this <br /> Agreement(the "ABPA Funds"). The amount of ABPA Funds is subject to adjustment <br /> by the County in accordance with the Contract Documents. ARPA Funds shall not be <br /> expended prior to the Effective Date. Costs for which ABPA Funds may be used shall <br /> be obligated no later than December 31,2024. Costs incurred shall only be as necessary <br /> and allowable to carry out the purposes and activities set out in the Scope of Services <br /> and may not exceed the maximum limits set in the Approved Budget.Expenses charged <br /> against the ARPA Funds shall be incurred in accordance with this Agreement. <br /> b. Disbursement of funds shall be made in accordance with the Contract Documents. <br /> c. The payment of funds to the Subrecipient under this Agreement is contingent on the <br /> receipt of such funds by the County from applicable federal funding sources and shall <br /> be subject to the Subrecipient's continued eligibility to receive funds under the <br /> applicable provisions of federal and state laws. If the amount of funds the County <br /> receives from federal funding sources is reduced, the County may reduce the amount <br /> of funds awarded under this Agreement or the County may terminate this Agreement. <br /> The County may also deny expenditures for the activities described in the Scope of <br /> Services where necessary supporting documentation is not submitted by specified <br /> deadlines. <br /> d. Any funds not used for the activities stated in the Scope of Services shall be returned <br /> to the County. Any changes in the use of funds must be authorized in writing by the <br /> County prior to any expenditure of the funds by the Subrecipient. If the funds are <br /> expended not in accordance with the Scope of Services, at the discretion of the County <br /> the Subrecipient may be required to repay the funds to the County. <br /> e. The County is not obligated to provide any other support to Subrecipient in this or in <br /> succeeding fiscal years. <br /> 6. Sub-recipient Responsibilities: Financial Accountability & Grant Administration <br /> a. Financial Management. The Subrecipient must maintain a financial management <br /> system and financial records and administer funds received pursuant to this <br /> Agreement in accordance with all applicable federal and state requirements, including <br /> 2 <br />
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