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Through funding received from the CARES Act, Polk County officials will distribute $1 million of its allotted funds to Alyrica Networks — a Philomath-based internet service provider (ISP) — with the goal to expand internet service to an estimated 6,000 customers outside of urban growth boundaries.
Titolo originale
Polk County Business Development Grant Agreement with Alyrica Networks Inc.
Through funding received from the CARES Act, Polk County officials will distribute $1 million of its allotted funds to Alyrica Networks — a Philomath-based internet service provider (ISP) — with the goal to expand internet service to an estimated 6,000 customers outside of urban growth boundaries.
Through funding received from the CARES Act, Polk County officials will distribute $1 million of its allotted funds to Alyrica Networks — a Philomath-based internet service provider (ISP) — with the goal to expand internet service to an estimated 6,000 customers outside of urban growth boundaries.
Poux county
[BUSINESS DEVELOPMENT GRANT AGREEMENT
‘This Grant Agreement (his “Agreement” is entered into by and between Fok County (2
polticl subsion ofthe State of Oregon, hereinafter called "County" and Arica Networks, Inc,
hetenater refered to a5"%Grantee
Rectals
‘A. This Agreement is made pursuant to Pok County's response tothe ongoing COVI0-19 pandemic
for projects implemented within Polk County that are necessary t respond t the ongoing publi
heath emergency.
8. County has or wil received an alecation of funding pursuant to Section S001 ofthe Coronavius
[Nd, Ralf and Economic Security Act ("CARES Act") forthe purpose of overing costs that are
rnecessery expenditures incured due to the public health emergency with respect to COVID-19,
€ _Thegrant of fnds under this Agreement the “Grant Ie subject the intations ofthe CARES
‘Act and any associated guidance trom the Federal Government including but ot limited to
suidance and limitation rors the United States Treasury
1, The Grants also subject to Pak County's regulatory changes and guidelines and other oil
notes or lrifieation that may become availble from Ue to time.
County has determined tha the Grantee's actives, as hereinafter defined, tobe feasible and
‘mer funding within We scope and purpose ofthe CARES Bet
‘Agreement
[NOW THEREFORE, for good and suftcient consideration, including the terms and condtions
berein,tis agra by and between the parties hereto a8 follows
A. Incorporation of Recitals
‘The foregoing Recitals are incorporated herein by reference, but are subject te the express
terms ofthis Agreement.
2. Termot Agreement
Unless erinated or extended, tis Agreament covers the period fom the date of execution te
December 30,2020. The remedies avaiable to County and Grantee shall survive the expiration of hi
‘Agreement, whether upon expiration or termination pursuant o Section 11 herein
2, Statement of Work
Grantee stall perform all activites described inthe Statement of Work (Exhibit A ~ SOW 08-2020: 90%
Brozdband Coverage Throughout Pol County) in accordance with the terms and conditions ofthis‘Agreement. Grantee shal perform its obligations hereunder efficiently, effectively and within applicable
timelines as presented in Exhibit all othe satisfaction of County.
[Any changes to the approved grant appieation shall require the prior written approval of County.
Requests for and justification of any change must be submitted in writing to County and be approved in
wating by County prior to commencement ofthe requested change.
4. Grant Funding
‘a County has agreed to make conditional award of funds tothe Grantee inthe notto-exceed
‘mount of $1,000,000 (the "Grant). Disbursements are considered an advance of funds to
‘Grantee which Grantee may retain oni if properly expended, in accordance with the terms and
conditions of ths Agreement, prior tothe termination of tls agreement.
b. Grant distributions wil be made by County to Grantee upon receipt of invoices). Grantee shall
Invoice the County on @ monthly bass. invoice terms shall be Net 15,
‘elf Grante fais to complet the project described lathe grant application, Grantee shall return
“rant funds to County by making repayment of total amount of csbursed Grant. Grantee
‘Completes the project described in the grant application, but falls to meet outcomes described,
‘County may ints ciscretion determine that disbursed Grant funds be returned o County
through repayment, and Grantee shall comply with County's determination. Grante shall make
‘repayment within 30 days ofexpwation ofthis agreement.
5. Reporting Requirements
Grantee must complete and submit final eport upon completion ofthe project and prior to
any new funding application.
6. Grant Monitoring
2 County Authorized to Monitor Grantee
‘county may monitor the activites ofeach Grantee asl deems necessary or appropriate to
‘determine whether grant funds are used in accordance with this Agreement. Monitoring
‘activities may include, but re not limite to te following: (1) review including copying) of any
“nd all Grantee files, recorde and othe information related to performance under this
‘ereement; (2) onsite and field vss and inspections; 3) demand that Grantee provide fll
itemization, financial records, receipts, and any othr information for review of Grantee
setts; and (4) anyother investigator atvtes necessary to determine Grante compliance,
Grantee shal Fully Cooperate
Grantee shal cooperate Fully with all Count evonitoring activities and shall promptly respond to
allvequests. Fallure by Grantee to fully cooperate or promptly respond willbe considered 3
‘material breach of this Agreement
Records Maintenance
‘Grantee shall maintain all sal records relating to this Agreement in accordance with generallyaccepted accounting principles. In adstion Grantee shall maintain anyother records pertinent to
‘thi agreement in such a manner as to clearly document Grantee's use of funds, activites, and
performance.
‘The Grante shal establish and maintain records and statistics a follows
Financil records, which indicate the number of hours of service provided under this
contract and ather appropriate records pertinent to this contract shal be retained for a
‘minimum of thee (3) years afte the end of the contract period. there are unresolved
fudit questions, or active tigation, at the end a the three-year period, the records must be
‘maintained uatil the questons are resolved.
4, Records Access
“The County the State of Oregon, oF the apolicable aust agencies ofthe U.S. Government shall
have free access to and the right to copy aor any part ofthe books, documents, papers, aus
and records of Grantee which ate related to this Agreement as they deem appropriate, including
{without imitation, forthe purpose of making aut, examination, excerpts, and transcripts
‘These records are the property of County who may tak possession of them at anytime after
the (3 business days" notice to Grante. Grantee may retain copies ofall records taken by
County under this Section
‘e, Monitoring: Major Findings Resolution
‘County may make findings and may require that Grantee tke corrective actions to ensure
proper performance unde this Agreement. The Grantee shall esoWve ndings and take required
‘corrective ations within the timeframes ientitied by County,
‘Mizexpenditore, Underexpenditures and Excess Payments
12, isthe responsibilty of Grantee to monitor expenses and ensure funds are expended in
compliance with thi agreement
b. An “underexpenditure" means money lsburse from County to Grantee under this Agreement
remains unexpended at Agreement termination.
‘&-Atmisexpenditure” nears money disbursed to Grantee from County under this Agreement
that enpended in a manner other than that pected by this Agreement, including without
limitation, any money expended by Grantee contrary to applicable statutes, rules or any other
authority that governs permissible expenditure of such money.
4 An “excess payment” meanemanay dshureed to Grantee from County under this Agreement
that isin excess ofthe not-to-exceed amount identified in Section 4 of this Agreement.
‘e. Upon County's identification ofa misexpeaditur or excess payment, County shall notify
Grantee thereof. Upon Grantee’ dentfication ofa misexpenditure or excess payment,
‘Grantee shal notify County thereof
4. Within 30 days of denuiving a misexpendture or excess payment, Grantee shall make full
payment to County, Whhin 30 days of receiving notice of 2 misexpenditure or exces payment,
‘Grantee shall make fll payment to County
12 Grantee shall return any underexpenditure to County within 30 days of Agreement termination
|. The obligations set forth ia ths Section 7 survive termination of this agreement8. Withholding and Redistribution of Grant Funds
2. Withholding of Grant Funds from Request
‘County may withhold any and all Grent funds from Grantee if County init sole discretion,
‘determines that Grante has failed to timely satisfy any material ablgationarsing under this
‘Agreement including, but not limited to, providing complete, accurate and tknely reports
satisfactory to County detailing Grantee performance under this Agreement, County aso may
tuthnldt any and all ronsestel Geant func from Grantee Hf County nts ole decretion,
‘determines thatthe rte of requests fr funds In any expenditure category Issubstantiaiy
afferent from approved budget submissions
bo. Redistrbution or Retention of Funds
1 Grant funds are not abiigated for relmbursement by Grantee ina timely manner as determined
bby County at its sole alscrtion, County may reduce Grantee funding a ft determines to be
‘appropriate nits sole ascrtion and reisrioute such funds to other Grantees o retain such
Grant funds for other County use. Ths remedy sin addition to any other remedies avaiable to
County under this Agreement.
‘6 Nothing in tie section limits the County's ability or authority to pursue any orl legal or
‘equitable remeaies for Grantee's breach ofthis Agreement.
9. Funding Appropriation
Inthe event the Board of Cammissoners ofthe County reduces, changes eliminates, or otherwise
‘modifies funding in @ manner that reduces this grant award, the Grantee agrees to abide by any such