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Agenda 09-16-2025; 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 09-16-2025; 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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9/12/2025 3:03:29 PM
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BOCC
Date
9/16/2025
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 /> 162 <br /> requirements, including all applicable statutes, rules, regulations, executive orders, <br /> directives or other requirements. Such requirements may be different from the <br /> Subrecipient's current policies and practices. The County will assist the Subrecipient <br /> to comply with all applicable requirements. However, the Subrecipient will be <br /> ultimately responsible for ensuring its compliance with applicable requirements. <br /> b. Authority. This Agreement is subject to and Subrecipient agrees to comply with the <br /> laws, regulations, and guidance documents authorizing and implementing this grant, <br /> including the following: <br /> (1) Authorizing Statute. Section 603 of the Social Security Act(42 U.S.C. § 803), <br /> as added by section 9901(a) of the American Rescue Plan Act of 2021 (Pub. L. <br /> No. 117-2). <br /> (2) Implementing Regulation. Subpart A of 31 CFR Subtitle A, Part 35 <br /> (Coronavirus State and Local Fiscal Recovery Funds), as adopted in the <br /> Coronavirus State and Local Fiscal Recovery Funds Final Rule (86 FR 4338, <br /> January 27, 2022), and other subsequent regulations implementing Section 603 <br /> of the Social Security Act (42 U.S.C. § 803). <br /> (3) Guidance. Applicable guidance documents issued by the Department of <br /> Treasury, including the Compliance Guidance document. <br /> c. Federal Grant Administration Requirements. The Subrecipient must comply with the <br /> Uniform Administrative Requirements, Cost Principles, and Audit Requirements for <br /> Federal Awards, 2 CFR Part 200, as adopted by the Department of the Treasury at 2 <br /> CFR Part 1000. These requirements control how the Subrecipient may administer this <br /> grant and how the County must oversee the Subrecipient. <br /> d. Federal Procurement Requirements. Subrecipient must have and comply with <br /> documented procurement procedures, consistent with state, local, and tribal laws and <br /> regulations and the standards of 2 C.F.R. 200.318-200.326 for the acquisition of <br /> property or services required under this Agreement. The Subrecipient's documented <br /> procurement procedures must conform to the procurement standards identified in <br /> Subpart D of 2 CFR Part 200 (Procurement Standards). Such standards include, but <br /> are not limited to, the following: <br /> i. All procurement transactions for property or services must be conducted in a <br /> manner providing full and open competition, consistent with standards outlined <br /> in 2 CFR 200.320, which allows for non-competitive procurements only if <br /> either (1) the item is below the micro-purchase threshold; (2) the item is only <br /> available from a single source; (3) the public exigency or emergency will not <br /> permit a delay from publicizing a competitive solicitation; (4) or after <br /> solicitation of a number of sources, competition is determined inadequate. (2 <br /> CFR 200.320(c)(1)-(3) and(5)) <br /> ii. The Subrecipient must maintain oversight to ensure that contractors perform in <br /> accordance with the terms, conditions, and specifications of their contracts or <br /> purchase orders. (2 CFR 200.318(b)) <br /> 5 <br />
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