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Broadband Access Grant Program Agreement <br />This Broadband Access Grant Program Agreement (the "Grant Agreement") is made and <br />entered into this 3rd day of January, 2024 (the "Effective Date") by and between the City of Elk <br />River, a political subdivision of the State of Minnesota (the "City"), 13065 Orono Parkway, Elk <br />River, Minnesota 55330, and Tekstar Communications, Inc., d/b/a/ Arvig, 150 2nd St. SW, <br />Perham, Minnesota 56573 (the "Grantee"). <br />WHEREAS, in an effort to mitigate the economic distress and disparities in access to <br />necessary services caused or exacerbated by COVID-19, Congress passed the American Rescue <br />Plan Act (ARPA) to provide funding to States and local governments to aid in the recovery from <br />the pandemic. <br />WHEREAS, guidance issued by the federal government provides that ARPA funding is <br />intended to cover a variety of costs incurred by local governments in responding to and <br />mitigating the effects of COVID-19, including by making investments in expanding access to <br />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 conditions 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 <br />serves 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 <br />awards 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 <br />the Grant Program and this Grant Agreement. <br />WHEREAS, the City has determined that Grantee has the characteristics of a <br />beneficiary of federal ARPA funds and that certain aspects of the grant award might also be <br />considered a "subaward" of federal ARPA funds, and the City accordingly intends to adopt <br />those portions of the Uniform Requirements applicable to beneficiaries and subawards as <br />appropriate for the Grant provided herein. <br />WHEREAS, certain information required by the Uniform Requirements to be included <br />as part of the grant funding is provided on Exhibit A attached to this Agreement. <br />NOW THEREFORE, The City and Grantee agree as follows: <br />229334d2 <br />