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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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BOCC
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9/16/2025
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Business
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Agenda
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6-a
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189 <br /> "Provider shall be eligible for accelerated disbursement based upon the achievement of <br /> milestones. County shall disburse funds within 39 fifteen (15) days of demonstrated milestone <br /> completion." <br /> 3.Whistleblower Protections <br /> The Parties agree hereby to add the following section after Section 25 in the ND Agreement: <br /> "Section 26—Legal and Regulatory Compliance: <br /> • The Provider agrees to comply with whistleblower protections under 41 U.S.C.4712, which <br /> prohibits retaliation against employees who report fraud, waste, or abuse of federal funds.The <br /> Provider shall inform all employees involved in the project of their rights under this statute and <br /> ensure that no retaliatory actions are taken against whistleblowers. <br /> • The Provider shall provide a copy of its whistleblower policy to the County within 30 days of the <br /> execution of this Amendment, confirming compliance with these requirements." <br /> 4.Audit and Compliance <br /> Section 19(c) of the ND Agreement is hereby expanded as follows: <br /> • The Provider acknowledges that all ARPA funds are subject to audit and monitoring under 2 <br /> C.F.R. Part 200.The Provider shall maintain accurate financial records and provide full <br /> cooperation during any audits conducted by the County, the U.S. Department of the Treasury, or <br /> other federal and state authorities. <br /> • If any ARPA funds are found to have been expended in violation of ARPA or federal guidelines, <br /> the Provider shall immediately repay such funds to the County upon request.The County <br /> reserves the right to withhold future payments or recoup funds in cases of noncompliance. <br /> S. Replacement of Attachments A&C—Service Area Map&Construction Plan and Timeline <br /> Attachment A("Service Area Map"), and Attachment C ("Construction Plan and Timeline") shall be <br /> replaced in its entirety and in all instances by the new Attachment A2 ("Revised Service Area Map"), and <br /> Attachment C2 ("Revised Construction Plan and Timeline"). <br /> 6.Addition of Attachment B2—Remaining Mutually Agreed Service Sites <br /> There shall be a new Attachment B2 ("Remaining Mutually Agreed Service Sites")for the purposes of <br /> identifying the remaining locations to be served and marked by the revised payment milestones. Within <br /> the new Attachment B2 ("Remaining Mutually Agreed Service Sites"), there shall be three divisions of <br /> the addresses labeled "Area One", "Area Two" and "Area Three" which shall be based upon the <br /> polygons depicted in the new Attachment A2 ("Revised Service Area Map") and correspond to the <br /> revised disbursement schedule in Section 13. <br /> The definition of"Location" in Section 3 Definitions shall be replaced with the following: <br /> v5 <br />
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