Implementation and Oversight. i. Nextlink shall incur program costs in accordance with this Agreement and the proposed Project details provided in Attachment 1. ii. Nextlink represents that it now has or will secure all equipment and personnel required to perform the Work under this Agreement. Nextlink shall assign such personnel as are necessary to carry out timely delivery of the Work pursuant to the requirements of this Agreement. Personnel assigned to perform the Work shall comply with the terms of the Agreement, shall have current licenses and permits as required to perform the Work, and are fully qualified and capable to perform their assigned tasks. iii. Nextlink agrees to reasonably cooperate with meetings conducted by Champaign County Board Members, Staff Members, or Designees, as requested, to review the Project in progress. iv. Nextlink agrees to provide copies of all Grant submittals for the Project in near final form to County staff for review at least one week prior to the Grant deadline. v. Nextlink shall adhere to the ARPA Funds fiscal, accounting, and audit procedures that conform to Generally Accepted Accounting Principles (GAAP) and the requirements of federal Uniform Guidance (2 CFR Part 200). vi. Nextlink shall fulfill the broadband project requirements of the Department of Treasury ARPA Funding which include: 1. Participation in the Federal Communications Commission (FCC) Affordable Connectivity Program (ACP) through the lifetime of the ACP, or otherwise provide access to a broad-based affordability program that provides benefits to households commensurate with those provided under the ACP to low-income consumers in the proposed service area of the broadband infrastructure through the lifetime of the ACP. 2. Reliably meet or exceed symmetrical 100 Mbps download and upload speeds. If these speeds are not met, Nextlink will explain why not and will confirm that the Project will reliably meet or exceed 100 Mbps download speed and between at least 20 Mbps and 100 Mbps upload speed, and be scalable to a minimum of 100 Mbps download speed and 100 Mbps upload speed. vii. Nextlink shall submit reporting information to the County as required by the Department of Treasury, upon request of the County. Information may include, but is not limited to: Unique Entity ID Number (UEI), program details and purpose, program timeline and status, program impact, expenditure information and status, capital expenditure amounts and details, impacted populations, technology types used, total miles of fiber deployed, total number of funded locations served by speed, total number of funded locations served by type, latitude/longitude information that conforms with location information in the FCC’s Broadband Serviceable Location Fabric, broadband speed, broadband latency, status of other funding sources, participation in an affordability program to benefit low-income consumers, number of households served, ▇▇▇▇▇ ▇▇▇▇▇ and Labor Reporting for capital expenditures over $10 million. Reporting requirements will be reasonable and specified by the County. Reporting requirements are per se reasonable if they arise out of federal Uniform Guidance requirements (2 CFR Part 200). viii. Nextlink shall provide to the County, upon reasonable notice, access to and the right to examine such books and records of Nextlink as related to this project and will make such reports to the County as the County may reasonably require so that the County may determine whether there has been compliance with this Agreement. ix. No person shall be excluded from participation in programs the County is funding, be denied the benefits of such program, or be subjected to discrimination under any program or activity funded in whole or in part with the funds provided under this Agreement on the ground of race, ethnicity, color, national origin, sex, sexual orientation, gender identity or expression, religion, disability, or on any other ground upon which such discrimination is prohibited by law. Nextlink understands that Executive Order 13985, Advancing Racial Equity and Support for Underserved Communities Through the Federal Government, applies to the use of ARPA Funds. x. Nextlink shall comply with all applicable statutes, ordinances, and regulations. Nextlink will not use any of these ARPA Funds for lobbying purposes. If it is determined by the County that any expenditure made with the ARPA Funds provided under this Agreement is prohibited by law, Nextlink will reimburse the County any amount that is determined to have been spent in violation of the law. xi. Nextlink shall not subcontract, delegate, transfer, or assign its rights and duties under this agreement without the written consent of the County. Any approved subcontractor, delegee, transferee, or assignee will be subject to federal Uniform Guidance requirements for the administration and expenditure of ARPA grants. See 2 CFR 200.332. xii. Nextlink shall adhere to the Memorandum of Understanding entered into by and between AMG Illinois ISP, LLC d/b/a Nextlink Internet and Gargoyle Technologies, Inc. d/b/a Volo Internet + Tech, a copy of which is included in Attachment 1, and incorporated by reference herein. xiii. Nextlink is not responsible in any way for the operations of the County.
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Implementation and Oversight. i. Nextlink Volo shall incur program costs in accordance with this Agreement and the proposed Project details provided in Attachment 1.
ii. Nextlink Volo represents that it now has or will secure all equipment and personnel required to perform the Work under this Agreement. Nextlink Volo shall assign such personnel as are necessary to carry out timely delivery of the Work pursuant to the requirements of this Agreement. Personnel assigned to perform the Work shall comply with the terms of the Agreement, shall have current licenses and permits as required to perform the Work, and are fully qualified and capable to perform their assigned tasks.
iii. Nextlink ▇▇▇▇ agrees to reasonably cooperate with meetings conducted by Champaign County Board Members, Staff Members, or Designees, as requested, to review the Project in progress.
iv. Nextlink ▇▇▇▇ agrees to provide copies of all Grant submittals for the Project in near final form to County staff for review at least one week prior to the Grant deadline.
v. Nextlink Volo shall adhere to the ARPA Funds fiscal, accounting, and audit procedures that conform to Generally Accepted Accounting Principles (GAAP) and the requirements of federal Uniform Guidance (2 CFR Part 200).
vi. Nextlink Volo shall fulfill the broadband project requirements of the Department of Treasury ARPA Funding which include:
1. Participation in the Federal Communications Commission (FCC) Affordable Connectivity Program (ACP) through the lifetime of the ACP, or otherwise provide access to a broad-based affordability program that provides benefits to households commensurate with those provided under the ACP to low-income consumers in the proposed service area of the broadband infrastructure through the lifetime of the ACP.
2. Reliably meet or exceed symmetrical 100 Mbps download and upload speeds. If these speeds are not met, Nextlink ▇▇▇▇ will explain why not and will confirm that the Project will reliably meet or exceed 100 Mbps download speed and between at least 20 Mbps and 100 Mbps upload speed, and be scalable to a minimum of 100 Mbps download speed and 100 Mbps upload speed.
vii. Nextlink Volo shall submit reporting information to the County as required by the Department of Treasury, upon request of the County. Information may include, but is not limited to: Unique Entity ID Number (UEI), program details and purpose, program timeline and status, program impact, expenditure information and status, capital expenditure amounts and details, impacted populations, technology types used, total miles of fiber deployed, total number of funded locations served by speed, total number of funded locations served by type, latitude/longitude information that conforms with location information in the FCC’s Broadband Serviceable Location Fabric, broadband speed, broadband latency, status of other funding sources, participation in an affordability program to benefit low-income consumers, number of households served, ▇▇▇▇▇ ▇▇▇▇▇ and Labor Reporting for capital expenditures over $10 million. Reporting requirements will be reasonable and specified by the County. Reporting requirements are per se reasonable if they arise out of federal Uniform Guidance requirements (2 CFR Part 200).
viii. Nextlink Volo shall provide to the County, upon reasonable notice, access to and the right to examine such books and records of Nextlink Volo as related to this project and will make such reports to the County as the County may reasonably require so that the County may determine whether there has been compliance with this Agreement.
ix. No person shall be excluded from participation in programs the County is funding, be denied the benefits of such program, or be subjected to discrimination under any program or activity funded in whole or in part with the funds provided under this Agreement on the ground of race, ethnicity, color, national origin, sex, sexual orientation, gender identity or expression, religion, disability, or on any other ground upon which such discrimination is prohibited by law. Nextlink ▇▇▇▇ understands that Executive Order 13985, Advancing Racial Equity and Support for Underserved Communities Through the Federal Government, applies to the use of ARPA Funds.
x. Nextlink Volo shall comply with all applicable statutes, ordinances, and regulations. Nextlink Volo will not use any of these ARPA Funds for lobbying purposes. If it is determined by the County that any expenditure made with the ARPA Funds provided under this Agreement is prohibited by law, Nextlink Volo will reimburse the County any amount that is determined to have been spent in violation of the law.
xi. Nextlink Volo shall not subcontract, delegate, transfer, or assign its rights and duties under this agreement without the written consent of the County. Any approved subcontractor, delegee, transferee, or assignee will be subject to federal Uniform Guidance requirements for the administration and expenditure of ARPA grants. See 2 CFR 200.332.
xii. Nextlink Volo shall adhere to the Memorandum of Understanding entered into by and between AMG Illinois ISP, LLC d/b/a Nextlink Internet and Gargoyle Technologies, Inc. d/b/a Volo Internet + Tech, a copy of which is included in Attachment 1, and incorporated by reference herein.
xiii. Nextlink Volo is not responsible in any way for the operations of the County.
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