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Broadband Access Grant Program <br />Agreement <br />This Broadband Access Grant Program Agreement (the "Grant Agreement") is made and entered <br />into this 41h day of April 2022 (the "Effective Date") by and between the City of Elk River, a political <br />subdivision of the State of Minnesota (the "City"), 13065 Orono Parkway, Elk River, Minnesota <br />55330, and Tekstar Communications, Inc., d/b/a/ Arvig, 150 2nd St. SW, Perham, Minnesota 56573 <br />(the "Grantee"). <br />WHEREAS, to mitigate the economic distress and disparities in access to necessary <br />services caused or exacerbated by COVID-19, Congress passed the American Rescue Plan Act <br />(ARPA), to provide funding to state and local governments to aid in the recovery from the <br />pandemic. <br />WHEREAS, guidance issued by the federal government provides that ARPA funding <br />intends to cover a variety of costs incurred by local governments in responding to and mitigating <br />the effects ofCOVID-19, including investments to expand access to broadband infrastructure. <br />WHEREAS, the City has established the City of Elk River Broadband Access Grant <br />Program (the "Grant Program"), to provide grant funding to broadband providers to further the <br />City's goal of universal broadband access. <br />WHEREAS, pursuant to the Grant Program, grant recipients must comply with certain <br />terms and condition to ensure that broadband projects that receive assistance from the Grant <br />Program provide broadband access that is reliable and affordable, at acceptable speeds and serves <br />the long-term public interest. <br />WHEREAS, the Grant Program also requires grant recipients to comply with the <br />Uniform Administrative Requirements, Cost Principles, and Audit Requirements for federal awards <br />as provided in 2 C.F.R. Part 200 (the "Uniform Requirements"). <br />WHEREAS, Grantee has applied for a grant award for a broadband project (the "Grant <br />Application") and has been selected by the city for grant funding, subject to compliance with the <br />Grant Program and this Grant Agreement. <br />WHEREAS, the City has determined that Grantee has the characteristics of a beneficiary of <br />federal ARPA funds and those certain aspects of the grant award might also be considered a <br />"subaward" of federal ARPA funds, and the County accordingly intends to adopt those portions of the <br />Uniform Requirements applicable to beneficiaries and subawards as appropriate for the Grant <br />provided herein. <br />WHEREAS, certain information required by the Uniform Requirements are to be included as <br />part of the grant f indingis provided on Exhibit A attached to this Agreement. <br />NOW THEREFORE, The City and Grantee agree as follows: <br />