6.e Midco Cost Share Agreement for 2023 Construction
1
Staff Report
Date of Meeting: May 16, 2023
To: Mayor and City Council
From: Kyle Morell, City Administrator
Re: Construction Cost Sharing Agreement with Midcontinent
Communications (Midco) for 2023 Internet Expansion Project
Action Requested:
Approve the attached agreement with Midco for the 2023 Internet Expansion Project.
.
Background:
This agreement requires Midco to provide high-speed, fiber-to-the-home internet service to
approximately 112 homes in Scandia.
Recommendations:
Staff recommends that the City Council approve the agreement and authorize the Mayor and City
Administrator to sign on behalf of the city.
Attachments:
• Construction Cost Sharing Agreement with Midcontinent Communications
CONSTRUCTION COST SHARING AGREEMENT
Page 1 of 5
THIS CONSTRUCTION COST SHARING AGREEMENT (the “Agreement”), dated as
of ______________________________, 2023, is by and between The City of Scandia,
Minnesota whose address is 14727 209th St N, Scandia MN (“City”), and Midcontinent
Communications, a South Dakota general partnership, whose address is 3901 North
Louise Avenue, Sioux Falls, SD 57107 ("Midco").
RECITALS
WHEREAS, the City controls of certain Right-of-Way (“ROW”) within the proposed
project area depicted on Exhibit 1, which specifically includes ROW along the following
named streets: Mayberry Trail N.; Lofton Avenue N. (south of MN Hwy 97), Maxwell
Avenue N.; Lakamaga Trail N., 205th Street N., and 196th Street N.;
WHEREAS, the State of Minnesota controls ROW along Scandia Trail N. (Hwy 97) within
the proposed project area depicted on Exhibit 1 (Map);
WHEREAS, the county of Washington controls the ROW along Manning Trail N (Co.
Rd. 15) within the proposed project area depicted on Exhibit 1 (Map);
WHEREAS, Midco seeks to install in the ROW in the area depicted on Exhibit 1 cable and
certain other equipment necessary to deliver video, data, and telephone service (the
“Services”) to the residences named in Exhibit 2 (List of Service Passing Addresses and
Locations);
WHEREAS, the City and Midco desire to enter into an agreement to establish the necessary
infrastructure to provide video, data, and telephone service to the residences named in
Exhibit 2;
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which is hereby acknowledged, the City and Midco enter the following:
AGREEMENT
1. Construction of Cable Plant. Midco shall install and deploy a fiber optic network
of subsystems required to transmit optical signals between active communication
equipment necessary, otherwise known as cable plants, for the purposes of supporting the
Services as defined in this Agreement. Subject to the terms and conditions of this
Agreement, Midco will install cable and other equipment necessary to provide the
CONSTRUCTION COST SHARING AGREEMENT
Page 2 of 5
Services (i.e., video, data, and telephone) to the residences at the addresses shown in
Exhibit 2. Construction must be completed by December 31, 2024.
2. Service Speed Requirements. Midco shall establish and deploy the necessary
infrastructure to supply data service with speed capacity of providing up to 100 Mbps
symmetrical or 100Mbps on download and 100Mbps on upload to the service area
identified in this agreement.
3. Right of Way Permit Required. Prior to engaging in any excavation, installation, or
other work which may disturb the ROW, Midco shall apply to the City for a ROW permit.
The City-issued ROW permit shall set forth the terms and conditions for Midco’s work
within the ROW. In addition to obtaining a City-issued ROW permit for ROW controlled
by the State of Minnesota or County of Washington, Midco must receive permission from
the State or County, as applicable, for the proposed excavation and installation of any cable
infrastructure within the ROW prior to commencing construction. Midco shall provide
proof of the State of Minnesota’s or County of Washington’s consent to Midco’s proposed
excavation of and infrastructure installation within State or County controlled ROW to the
City prior to commencing work within the ROW.
4. Other Requirements. Midco shall be required to meet all grant requirements as set
forth in its 2022 grant agreement with Washington County for its Broadband Expansion
Grant Program and presented in Exhibit 3. Midco shall supply the City with conformation
that work completed has been confirmed by Washington County to meet its granting terms
and requirements. Payment of the Cost Share Amount shall be withheld until Midco is
able to supply this conformation or such conformation is received from Washington
County directly.
5. Cost Sharing. In consideration of Midco’s agreement to install facilities as
described on Section 1 and 2 of this Agreement, the City shall pay to Midco no more than
NINETY-TWO THOUSAND FIVE HUNDRED DOLLARS ($92,500.00) (the “Cost
Share Amount”), which represents the City’s share of the costs to be incurred by Midco to
finish its design, installation and construction activities to provide service to the Property.
The Cost Share Amount shall be payable upon verified completion of the project work and
subject to the terms and conditions set forth herein.
6. Commitment to Deliver Access to Service. As part of this Agreement, Midco must
provide access to video, data and telephone service to each of the residences within the
project boundaries, a current estimate of which is set forth in Exhibit 2. Midco bears
responsibility for all costs necessary to provide service access to each of the residences
articulated in Exhibit 2 in excess of the City’s contribution, and the City will incur no costs
in excess of NINETY-TWO THOUSAND FIVE HUNDRED DOLLARS ($92,500.00) as
a part of this project.
7. Conditions for Payment and Verification of Grant Compliance. The City, at its own
expense, shall retain a third-party verification service to confirm conditions of this
CONSTRUCTION COST SHARING AGREEMENT
Page 3 of 5
agreement are met. City shall reimburse Midco for the services only after Midco has
submitted disbursement request forms including all required supporting documentation for
outcome data and reports consistent with the project requirements and consistent with
Midco’s grant agreement with the County. It is further agreed that the City may withhold
payment of the Cost Share Amount if the terms of this agreement have not been
met. Midco shall be afforded reasonable opportunity to correct any and all issues required
to meet conditions of this agreement at its own expense. The third-party verification
service shall be entitled to receive any and all information from either party to complete its
work verifying the conditions of this agreement. In particular, the verification service
shall verify that all service passes are installed and that speed requirements specified in this
agreement are met.
8. Easement Rights. City acknowledges that Midco shall be entitled to install and
construct its cable and other equipment over and under the ROW areas controlled by the
City within the area depicted on Exhibit 1. Midco acknowledges that the City cannot and
by this Agreement does not grant Midco the right to install infrastructure in the ROW along
Minnesota Highway 97 (Scandia Trail N.) or Washington County Highway 15 (Manning
Trail N.). Midco acknowledges it will need to seek approval from the State of Minnesota
to excavate and install infrastructure within State-controlled ROW, and shall do the same
for ROW under the control of Washington County. The City agrees to grant any required
ROW permits to Midco for excavation and infrastructure installation within the ROW
along the following named streets: Mayberry Trail N; Lofton Avenue North (south of MN
Hwy 97), Maxwill Avenue N; Lakamaga Trail N, 205th Street N., and 196th Street N upon
Midco providing proof of obtaining applicable State of Minnesota and/or Washington
County consent to the proposed ROW work and upon compliance with all other
requirements for issuance of a ROW permit.
9. Indemnification. Midco shall indemnify, save, and hold the City, its agents and
employees harmless from any claims, causes of actions and costs, including attorney’s fees,
incurred by the City arising from the performance of this Agreement by Midco or Midco’s
agents, subcontractors, or employees. This clause will not be construed to bar any legal
remedies Midco may have for the City’s failure to fulfill its obligations under this
Agreement.
10. City not providing Service. By entering into this Agreement, the parties agree the
City is not and will not be acting as a video, data and telephone service provider. Midco is
solely responsible for the provision of video, data and telephone service to the residences
depicted in Exhibit 2. Any contracts for video, data and telephone service between Midco
and City residents are solely between Midco and the residents, and Midco shall indemnify
and hold the City harmless from any claims arising out of video, data and telephone service
contracts.
11. Financial Assistance Reporting. Midco shall cooperate with the City in drafting and
submitting any Financial Assistance Reports to the Minnesota Department of Employment
and Economic Development that are necessary due to this Agreement.
CONSTRUCTION COST SHARING AGREEMENT
Page 4 of 5
12. Assignment. Midco shall neither assign nor transfer any duties, rights, or
obligations under this Agreement without the prior written consent of the City.
13. Severability. If any provision of this Agreement, or the application of such
provision to any party or circumstance, is found to be illegal or unenforceable for any
reason, such provision will be modified or severed from this Agreement to the extent
necessary to make such provision enforceable against such party or in such
circumstance. Neither the unenforceability of such provision nor the modification or
severance of such provision will affect the enforceability of any other provision of this
Agreement.
14. Governing Law; Venue. This Agreement shall be governed by and construed in
accordance with the laws of Minnesota, without regard to its conflict of laws
principles. If either party proceeds with a civil action against the other, such action shall
be venued in the state district court of Washington County, Minnesota.
15. Entire Agreement; Amendment. This Agreement constitutes the entire agreement
between the parties with respect to the subject matter hereof, and there are no other
representations, warranties or agreements except as herein provided. This Agreement
may be amended only by a written instrument signed by the parties.
IN WITNESS WHEREOF, the parties have entered into this Agreement effective as of
the date first written above.
CITY OF SCANDIA, MINNESOTA
By:
Print Name:
Title:
CONSTRUCTION COST SHARING AGREEMENT
Page 5 of 5
MIDCO
MIDCONTINENT COMMUNICATIONS
By: MIDCONTINENT COMMUNICATIONS
INVESTOR, LLC, Its Managing Partner
By:
Name:
Title:
EXHIBIT 1 – SERVICE EXPANSION MAP
EXHIBIT 2 - ADDRESSES PASSED
EXHIBIT 3 – WASHINGTON COUNTY GRANT AGREEMENT
PIN Address Zip DEED
30-032-20-12-0011 10861 Mayberry Trail North 55047 Unserved
19-032-20-13-0001 10929 Scandia Trail North 55073 Unserved
19-032-20-11-0004 11081 Scandia Trail North 55073 Unserved
18-032-20-44-0002 11262 Scandia Trail North 55073 Unserved
19-032-20-41-0001 11292 Mayberry Trail North 55047 Unserved
19-032-20-14-0001 11300 Mayberry Trail North 55047 Unserved
20-032-20-23-0002 11328 Mayberry Trail North 55047 Unserved
17-032-20-33-0001 11480 Scandia Trail North 55073 Unserved
20-032-20-24-0002 11522 Mayberry Trail North 55047 Unserved
20-032-20-32-0001 11529 Mayberry Trail North 55047 Unserved
20-032-20-42-0003 11797 Mayberry Trail North 55047 Unserved
20-032-20-42-0002 11801 Mayberry Trail North 55047 Unserved
20-032-20-13-0001 11805 Mayberry Trail North 55047 Unserved
29-032-20-41-0008 11960 Lakamaga Trail North 55047 Unserved
29-032-20-41-0017 11980 Lakamaga Terrace North 55047 Unserved
20-032-20-12-0002 11980 Mayberry Trail North 55047 Unserved
29-032-20-14-0010 12020 196th Street North 55047 Unserved
29-032-20-41-0009 12020 Lakamaga Trail North 55047 Unserved
29-032-20-14-0009 12050 196th Street North 55047 Unserved
29-032-20-14-0026 12060 196th Street North 55047 Unserved
29-032-20-41-0012 12060 Lakamaga Trail North 55047 Unserved
20-032-20-12-0004 12060 Mayberry Trail North 55047 Unserved
29-032-20-41-0018 12065 Lakamaga Trail North 55047 Unserved
29-032-20-14-0025 12070 196th Street North 55047 Unserved
29-032-20-41-0011 12070 Lakamaga Trail North 55047 Unserved
29-032-20-14-0024 12080 196th Street North 55047 Unserved
29-032-20-41-0014 12080 Lakamaga Trail North 55047 Unserved
29-032-20-14-0037 12087 196th Street North 55047 Unserved
29-032-20-14-0023 12090 196th Street North 55047 Unserved
29-032-20-14-0022 12100 196th Street North 55047 Unserved
29-032-20-41-0015 12100 Lakamaga Trail North 55047 Unserved
20-032-20-44-0002 12101 205th Street North 55047 Unserved
29-032-20-14-0021 12110 196th Street North 55047 Unserved
29-032-20-14-0020 12120 196th Street North 55047 Unserved
20-032-20-14-0004 12123 Mayberry Trail North 55047 Underserved
29-032-20-41-0005 12124 Lakamaga Trail North 55047 Unserved
29-032-20-41-0006 12130 Lakamaga Trail North 55047 Unserved
29-032-20-14-0042 12140 196th Street North 55047 Unserved
29-032-20-41-0004 12140 Lakamaga Trail North 55047 Unserved
20-032-20-41-0003 12147 205th Street North 55047 Unserved
29-032-20-41-0002 12150 Lakamaga Trail North 55047 Unserved
29-032-20-14-0036 12160 196th Street North 55047 Unserved
29-032-20-41-0001 12170 Lakamaga Trail North 55047 Unserved
29-032-20-14-0002 12180 Lakamaga Trail North 55047 Unserved
20-032-20-41-0004 12199 205th Street North 55047 Unserved
20-032-20-14-0008 12211 Mayberry Terrace North 55047 Unserved
PIN Address Zip DEED
20-032-20-14-0007 12230 205th Street North 55047 Unserved
20-032-20-14-0002 12233 Mayberry Trail North 55047 Underserved
20-032-20-41-0007 12255 205th Street North 55047 Unserved
29-032-20-14-0038 12261 196th Street North 55047 Unserved
20-032-20-41-0006 12275 205th Street North 55047 Unserved
28-032-20-33-0001 12300 Lakamaga Trail North 55047 Unserved
28-032-20-32-0001 12303 Lakamaga Trail North 55047 Unserved
21-032-20-22-0002 12350 Mayberry Trail North 55073 Underserved
21-032-20-23-0001 12521 Mayberry Trail North 55073 Underserved
28-032-20-21-0001 12630 Lakamaga Trail North 55047 Unserved
28-032-20-24-0005 12729 Lakamaga Trail North 55047 Unserved
30-032-20-41-0005 19441 Manning Trail North 55047 Unserved
30-032-20-41-0004 19453 Manning Trail North 55047 Unserved
29-032-20-32-0017 19471 Manning Trail North 55047 Unserved
29-032-20-32-0016 19483 Manning Trail North 55047 Unserved
29-032-20-32-0019 19489 Manning Trail North 55047 Unserved
29-032-20-32-0018 19495 Manning Trail North 55073 Unserved
28-032-20-23-0002 19497 Maxwill Avenue North 55047 Unserved
30-032-20-13-0001 19505 Manning Trail North 55047 Unserved
30-032-20-13-0003 19549 Manning Trail North 55047 Unserved
29-032-20-14-0033 19672 Maxwill Avenue North 55047 Unserved
30-032-20-13-0002 19687 Manning Trail North 55047 Unserved
29-032-20-14-0011 19690 Maxwill Avenue North 55047 Unserved
29-032-20-14-0041 19700 Maxwill Avenue North 55047 Unserved
30-032-20-13-0004 19707 Manning Trail North 55047 Unserved
29-032-20-14-0028 19710 Maxwill Avenue North 55047 Unserved
29-032-20-14-0027 19730 Maxwill Avenue North 55047 Unserved
30-032-20-21-0002 19740 Manning Trail North 55047 Unserved
29-032-20-11-0005 19750 Maxwill Avenue North 55047 Unserved
29-032-20-11-0013 19760 Maxwill Avenue North 55047 Unserved
29-032-20-11-0004 19770 Maxwill Avenue North 55047 Unserved
29-032-20-11-0014 19780 Maxwill Avenue North 55047 Unserved
29-032-20-11-0015 19790 Maxwill Avenue North 55047 Unserved
28-032-20-22-0003 19877 Maxwill Avenue North 55047 Unserved
29-032-20-11-0018 19900 Maxwill Avenue North 55047 Unserved
29-032-20-11-0019 19930 Maxwill Avenue North 55047 Unserved
29-032-20-11-0020 19960 Maxwill Avenue North 55047 Unserved
28-032-20-22-0002 19977 Maxwill Avenue North 55047 Unserved
29-032-20-11-0010 19988 Maxwill Avenue North 55047 Unserved
20-032-20-44-0001 20060 Maxwill Avenue North 55047 Unserved
21-032-20-33-0005 20211 Maxwill Avenue North 55047 Unserved
21-032-20-32-0002 20255 Maxwill Avenue North 55047 Unserved
20-032-20-41-0001 20340 Maxwill Avenue North 55047 Unserved
20-032-20-14-0001 20568 Maxwill Avenue North 55047 Unserved
20-032-20-12-0005 20846 Lofton Avenue North 55047 Unserved
20-032-20-12-0001 20929 Lofton Avenue North 55047 Unserved
Page 1 of 7
WASHINGTON COUNTY
CONTRACT NO.
DEPT. AFD
DIVISION
TERM
CONTRACT BETWEEN WASHINGTON COUNTY
AND MIDCO
I. PARTIES
This Contract is made and entered into by and between Washington County, hereinafter
referred to as "County”, and Midco, 3600 Minnesota Drive, Edina, MN 55435, herein referred to
as "Contractor”.
II. TERM OF CONTRACT
The term of this Contract shall be from final signature to December 31, 2024, unless earlier
terminated as provided herein.
III. SCOPE OF SERVICES
Contractor will provide resources, labor, materials, equipment, and expertise for broadband
expansion to underserved or unserved areas within Washington County. Work shall conform to
the contractor’s application hereby made a part of this Contract as Exhibit A.
IV. COST AND PAYMENT
A. The cost to the County for the services to be provided by the Contractor is set forth in
Exhibit A. The cost of this Contract shall not exceed $372,500.
B. The County shall reimburse Contractor for the services specified in Exhibit A.
Reimbursement requests shall be submitted on a Disbursement Request Form, Exhibit
B, signed by the Contractor’s authorized representation and must include all required
supporting documentation for outcome data and reports consistent with the project
requirements as set forth in the Broadband Program Explainer, attached as Exhibit C.
C. Prior to final disbursement Contractor will submit the Attestation Form, Exhibit D,
verifying project was completed to the standards as set forth in the Broadband Program
Explainer and consistent with the project description and objectives submitted in the
application.
D. At completion of project and prior to final disbursement Contractor will submit the
planned and actual Detailed Project information Form, attached as Exhibit E.
E. County may request additional information from Contractor as is necessary.
F. The County shall pay each invoice within 30 days of receipt of the invoice. If the invoice
is incorrect or work was not performed as specified, the County will notify the
Contractor who shall provide the County with a corrected invoice. Upon receiving the
corrected invoice, the County will make payment within 30 days of the corrected
invoice.
G. Contractor shall keep detailed records of the eligible expenses incurred/obligated and
shall make the same available to County upon County’s request.
H. The Contractor shall email invoices to: ARPAProcessing@co.washington.mn.us.
V. NONDISCRIMINATION
The Contractor agrees to comply with the nondiscrimination provision set forth in Minnesota
Statute 181.59. The Contractor’s failure to comply with section 181.59 may result in cancellation
or termination of the Contract, and all money due or to become due under the Contract may be
forfeited for a second or any subsequent violation of the terms or conditions of this Contract.
VI. COMPLIANCE WITH LAW
15313
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The Contractor shall comply with all applicable Federal law, State statutes, Federal and State
regulations, and local ordinances now in effect or adopted during the performance of the
services herein until completion of said services. Failure to meet the requirements of the above
shall be a substantial breach of the Contract and will be cause for cancellation of this Contract.
VII. POSSESSION OF FIREARMS ON COUNTY PREMISES
Unless specifically required by the terms of this Contract or the person it is subject to an
exception provided by 18 USC§ 926B or 926BC (LEOSA) no provider of services pursuant to this
Contract or subcontractors shall carry or possess a firearm on County premises or while acting
on behalf of Washington County pursuant to the terms of this Contract. Violation of this
provision is grounds for immediate suspension or termination of this Contract.
VIII. SUBCONTRACTING AND ASSIGNMENT
The Contractor shall not enter into any subcontract for performance of any services
contemplated under this Contract; nor novate or assign any interest in the Contract, without the
prior written approval of the County. Any assignment or novation may be made subject to such
conditions and provisions as the County may impose. If the Contractor subcontracts the
obligations under this Contract, the Contractor shall be responsible for the performance of all
obligations by the subcontractors. Contractor must include required federal clauses in any
subcontracts or lower tier contracts.
IX. SUBCONTRACTOR PROMPT PAYMENT
Pursuant to Minnesota Statute §471.425 subd. 4a., Contractor shall pay any subcontractors
within 10 days of the Contractor’s receipt of payment from the County for undisputed services
provided by the subcontractor. The Contractor shall pay interest of 1½ percent per month, or
any part of a month, to the subcontractor on any undisputed amount not paid on time to the
subcontractor. The minimum monthly interest penalty payment for an unpaid balance of $100
or more is $10. For an unpaid balance of less than $100, the Contractor shall pay the actual
penalty due to the subcontractor. The subcontractor shall have third party rights under this
Contract to enforce this provision.
X. DATA PRACTICES
All data collected, created, received, maintained, or disseminated for any purpose by the
activities of the Contractor, because of this Contract shall be governed by the Minnesota
Government Data Practices Act, Minnesota Statutes Chapter 13 (Act), as amended and the Rules
implementing the Act now in force or as amended. The Contractor is subject to the
requirements of the Act and Rules and must comply with those requirements as if it is a
governmental entity. The remedies contained in section 13.08 of the Act shall apply to the
Contractor.
XI. AUDITS, REPORTS, RECORDS AND MONITORING PROCEDURES/RECORDS AVAILABILITY &
RETENTION
Pursuant to Minn. Stat. section 16C.05 subd. 5, the Contractor will:
A. Maintain all books, records, documents, and accounting procedures and practices that
are related to and/or relevant to this Contract or transaction.
B. Agree that the County, the State Auditor, or legislative authority, or any of their duly
authorized representatives at any time during normal business hours, and as often as
they may deem reasonably necessary, shall have access to and the right to examine,
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audit, excerpt, and transcribe any books, records, documents, and accounting
procedures and practices that are related to and/or relevant to this Contract or
transaction. The Contractor agrees to maintain these records for a period of six (6)
years from the date of the termination of this Contract.
XII. INDEMNIFICATION
The Contractor agrees it will defend, indemnify, and hold harmless the County, its officers and
employees against any and all liability, loss, costs, damages, and expenses which the County, its
officers, or employees may hereafter sustain, incur, or be required to pay arising out of the
negligent or willful acts or omissions of the Contractor in the performance of this Contract.
XIII. INSURANCE REQUIREMENTS
The Contractor agrees that in order to protect itself, as well as the County, under the indemnity
provisions set forth above, it will at all times during the term of this Contract, keep in force the
following insurance protection in the limits specified:
A. Commercial General Liability with Contractual liability coverage in the amount of
$1,500,000 per occurrence with a $3,000,000 aggregate. An excess or umbrella liability
policy may be used in conjunction with primary coverage limits to meet the minimum
limit requirements.
B. Automobile coverage in the amount of $1,500,000 on a combined single limit basis and
include hired and non-owned.
C. Worker’s Compensation in statutory amount (if applicable) of bodily injury by accident
in the amount of $500,000 each accident, bodily injury by disease in the amount of
$500,000 each employee, and bodily injury by disease in the amount of $500,000 policy
limit.
Washington County shall be listed as additional insured as it relates to Commercial General
Liability and Automobile Liability.
Prior to the effective date of this Contract, the Contractor will furnish the County with a current
and valid proof of insurance certificate indicating insurance coverage in the amounts required
by this Contract. This certificate of insurance shall be on file with the County throughout the
term of the Contract. As a condition subsequent to this Contract, Contractor shall ensure that
the certificate of insurance provided to the County will at all times be current. The parties agree
that failure by the Contractor to maintain a current certificate of insurance with the County shall
be a substantial breach of the Contract and payments on the Contract shall be withheld by the
County until a certificate of insurance showing current insurance coverage in amounts required
by the Contract is provided to the County.
Any policy obtained and maintained under this clause shall provide that it shall not be cancelled,
materially changed, or not renewed without thirty days’ notice thereof to the County.
XIV. INDEPENDENT CONTRACTOR
Nothing within the Contract is intended or should be construed in any manner as creating or
establishing the relationship of co-partners between the parties or as constituting the
Contractor as the agent, representative, or employee of the County for any purpose or in any
manner whatsoever. The Contractor is to be and shall remain an independent Contractor with
respect to all services performed under this Contract.
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The Contractor will secure, at its own expense, all personnel required in performing services
under the Contract. Any and all personnel of the Contractor or other persons, while engaged in
the performance of any work or services required by the Contractor under this Contract shall
have no Contractual relationship with the County and shall not be considered employees of the
County.
XV. TERMINATION BY COUNTY FOR CONVENIENCE
The County may terminate the Contract at any time and for any reason by providing the
Contractor written notice of such termination. Upon such termination the Contractor shall be
entitled to compensation for work activities in accordance with the Contract which were
incurred prior to termination.
XVI. TERMINATION BY COUNTY FOR CAUSE
The County may immediately terminate the Contract if the County determines that the
Contractor has failed to comply with any of the provisions of the Contract, for breach or default.
Termination will be in writing setting forth the manner in which the Contractor is in default.
The County in its sole discretion may, allow the Contractor a reasonable period of time not to
exceed ten (10) days, in which to cure the defect. In such case, the notice of termination will
state the time period in which cure is permitted and other appropriate conditions. If Contractor
fails to remedy to the County's satisfaction the breach or default of any of the terms, covenants,
or conditions of this Contract within ten (10) days after receipt by Contractor of written notice
from County setting forth the nature of said breach or default, County shall have the right to
terminate the Contract without any further obligation to Contractor. Any such termination for
default shall not in any way operate to preclude County from also pursuing all available
remedies against Contractor and its sureties for said breach or default.
XVII. CONTRACTOR DEBARMENT, SUSPENSION AND RESPONSIBILITY CERTIFICATION
Federal Regulation 45 CFR 92.35 prohibits the County from purchasing goods or services with
federal money from vendors who have been suspended or debarred by the federal government.
Similarly, Minnesota Statutes, Section 16C.03, subdivision 2, provides the Commissioner of
Administration with the authority to debar and suspend vendors who seek to Contract with the
County. Contractors may be suspended or debarred when it is determined through a duly
authorized hearing process, that they have abused the public trust in a serious manner. By
signing this Contract, the Contractor certifies that it and its principals* and employees:
A. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded from transacting business by or with any federal, state, or local
governmental department or agency; and
B. Have not within a three year-period preceding this Contract: 1) been convicted of or had
a civil judgment rendered against them for commission of fraud or a criminal offense in
connection with obtaining, attempting to obtain or performing a public (federal, state,
or local government) transaction or Contract, 2) violated any federal or state antitrust
statutes, or 3) committed embezzlement, theft, forgery, bribery, falsification or
destruction of records, making false statements or receiving stolen property; and are
not presently indicted or otherwise criminally or civilly charged by a governmental entity
for:
a. commission of fraud or a criminal offense in connection with obtaining,
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attempting to obtain or performing a public (federal, state, or local government)
transaction,
b. violating any federal or state antitrust statutes, or
c. committing embezzlement, theft, forgery, bribery, falsification or destruction of
records, making false statements or receiving stolen property; and
C. Are not aware of any information and possess no knowledge that any subcontractor(s),
that will perform work pursuant to this Contract, are in violation of any of the
certifications set forth above; and
D. Shall immediately give written notice to the Contract manager should the Contractor
come under investigation for allegations of fraud or a criminal offense in connection
with obtaining or performing a public (federal, state, or local government) transaction,
violating any federal or state antitrust statute, or committing embezzlement, theft,
forgery, bribery, falsification of records, making false statements, or receiving stolen
property.
*Principals, for the purpose of this certification, means officers, directors, owners, partners, and
persons having primary management or supervisory responsibilities within a business entity
(e.g., general manager, plant manager, head of subsidiary division or business segment, and
similar positions).
XVIII. CONDITION SUBSEQUENT
The parties acknowledge that this Contract contemplates continued funding from the American
Rescue Plan Act for the full term of this Contract. The parties agree; therefore, that funding is a
condition subsequent of this Contract; and if said funding is not obtained or continued or is
decreased by any amount, the County may reduce or terminate this Contract by giving the
Contractor thirty (30) days’ notice of termination.
If the Contract is terminated because of the occurrence of the aforementioned condition
subsequent, the Contractor shall only be entitled to the actual cost of the service rendered up to
the date of termination. In instances where funding is decreased, the parties may negotiate a
decrease in the amount of services provided in this Contract. The parties agree that the County’s
decision not to terminate shall be sufficient consideration for any modification of the Contract.
XIX. SPECIAL PROVISIONS FOR FEDERALLY FUNDED PROCUREMENTS
The County is a grantee or subrecipient of federal assistance. The Contractor must abide by the
federal requirements set forth in Special Provisions for Federally Funded Procurements which is
attached hereto as Exhibit F and incorporated herein.
XX. SAFETY
The Contractor must comply with all state and federal Occupational Safety and Health
regulations and laws.
This includes but is not limited to employee right to know concerning all materials classified by
Occupational Safety and Health Administration (OSHA) as hazardous. All chemical
dispensers/applicators will be clearly marked showing contents. All Material Safety Data Sheets
(MSDS) relating to all chemicals shall be displayed where chemicals are stored. Any chemicals
used in County buildings or in the performance of County projects shall have an MSDS which will
be given to the County before any work begins. Any spillage of chemicals shall be reported
DocuSign Envelope ID: C65E6B80-ED26-49EF-9668-31EB0C6AF376
Page 6 of 7
immediately to the County and appropriate reporting agencies (i.e., MPCA). Report any
problems, breakage, fires, etc., immediately to the County.
Contractor shall remove all supplies, chemicals, etc., from County premises that were used to
perform services and dispose of them properly. There will be no disposing of supplies and
chemicals on County property. There will be no loaning of County tools and/or equipment to
Contractors from County staff.
Drinking of alcoholic beverages, using of controlled substances (drugs) or being under the
influence of drugs or alcohol is expressly prohibited. Refrain from smoking of any substance in
or about County buildings.
XXI. SECURITY & PRIVACY
The Contractor is responsible to close, secure, and lock all doors in County facilities when
services are performed after normal County hours or when no County personnel are present.
While Contractors are working in County buildings, Contractor must sign in/out on a daily basis
in addition to wearing a badge. Contractor should produce sufficient identification.
The Contractor agrees to take any precautions necessary to maintain security of County
buildings and privacy of data found throughout County buildings or on County premises. All
questions concerning security issues will be reported to the County immediately upon discovery.
XXII. JURISDICTION & VENUE
This Contract, amendments, and supplements thereto, shall be governed by the laws of the
State of Minnesota. All actions brought under this Contract shall be brought exclusively in
Minnesota State Courts of competent jurisdiction with venue in Washington County.
XXIII. MODIFICATIONS
Any material alteration, modification, variations, or additional tasks to this Contract shall be
reduced to writing as an amendment and signed by the parties. Any alterations, modifications,
variations, or additional tasks deemed not to be material by Contract of the County and the
Contractor shall not require written approval.
XXIV. MERGER
It is understood and agreed that the entire Contract of the parties is contained herein and that
this Contract supersedes all oral agreements and negotiations between the parties relating to
this subject matter. All items referred to in this Contract are incorporated or attached and
deemed to be part of this Contract. In the event of any conflict, contradiction, or ambiguity
between the terms and conditions of this Contract and any other document(s) incorporated by
reference to this Contract, the terms and conditions of this Contract shall prevail.
XXV. COUNTERPARTS
This Contract may be executed in two or more counterparts, each of which shall be deemed an
original, but all of which shall constitute one and the same instrument.
DocuSign Envelope ID: C65E6B80-ED26-49EF-9668-31EB0C6AF376
Page 7 of 7
IN TESTIMONY WHEREOF the parties have duly executed this Contract by their duly authorized officers:
WASHINGTON COUNTY MIDCO
Accounting & Finance Director Date Contractor Date
Approved as to form:
Assistant County Attorney Date
DocuSign Envelope ID: C65E6B80-ED26-49EF-9668-31EB0C6AF376
2/2/2023
2/1/2023
2/1/2023
Grant Application
Program Name Washington County Broadband Grant Program
Program Identifier
Program Award Ceiling
Requests for funds in excess of the Award Ceiling may or may not be considered by the Awarding Committee.
Entity Name Midco
Project Name Midco's Fourth application to Washington
County Broadband Grant Program
Amount Requested $ 372,500.00
Application Status Under Review
Application Submissions
In order to apply for this program, all of the following must be provided. See program overview and related
documents for more information.
Field Name Field Description Submission Required?
1. Organization Legal
Name
Organization Legal
Name
Midcontinent
Communications
Required
2. "Doing Business As"
Name
"Doing Business As"
Name
Midco Optional
3. Federal Employer
Identification No.
Type in Federal
Employer Identification
No.
41-1957148 Required
4. Federal Employer
Identification No.
4 Midco Scandia SW
SAM Registration
Status.pdf
Required
…
…
…
…
Exhibit A
DocuSign Envelope ID: C65E6B80-ED26-49EF-9668-31EB0C6AF376
Provide proof of
organization's
registration status with
the federal System for
Award Management
(SAM) at www.sam.gov.
5. Upload the
organization's completed
W-9 form.
Upload the organization's
completed W-9 form.
*Blank W-9 forms can be
found at
https://www.irs.gov/pub/irs-
pdf/fw9.pdf or in the
Program Documents
section within this grant
application portal.
5 Midco Scandia SW W-
9 Form.pdf
Required
6. Primary Office Street
Address
Primary Office Street
Address
3600 Minnesota Drive,
Suite 700
Required
7. Primary Office City Primary Office City Edina Required
8. Primary Office State Primary Office State MN Required
9. Primary Office Zip
Code
Primary Office Zip Code 55,435.00 Required
10. Website Website midco.com Optional
11. Primary Point of
Contact (full name)
Primary Point of Contact
(full name)
Melissa Wolf Required
12. Primary Point of
Contact Job Title
Primary Point of Contact
Job Title
Government Relations
Manager
Required
13. Primary Point of
Contact Phone Number
Primary Point of Contact
Phone Number
651-214-5493 Required
14. Primary Point of
Contact E-mail Address
Primary Point of Contact
E-mail Address
melissa.wolf@midco.com Required
…
…
…
…
…
…
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DocuSign Envelope ID: C65E6B80-ED26-49EF-9668-31EB0C6AF376
15. Secondary Point of
Contact (full name)
Secondary Point of
Contact (full name)
Andrew Curley Required
16. Secondary Point of
Contact Job Title
Secondary Point of
Contact Job Title
Director of Government
Relations
Required
17. Secondary Point of
Contact Phone Number
Secondary Point of
Contact Phone Number
605-357-5835 Required
18. Secondary Point of
Contact E-mail Address
Secondary Point of
Contact E-mail Address
Andrew.Curley@midco.comRequired
19. Grant Project Name Grant Project Name Midco Scandia SW Required
20. There are three (3)
project category types in
which eligible project
activities can fall under -
these categories are
listed below. Select and
type in the category that
applies to your project. If
more than one category
applies, please select
those that are most
applicable to your
project.
1) Increasing access to
high-speed broadband
2) Increasing the
affordability of
broadband services
3) Improving the
reliability of broadband
service
Select and type in the
category that applies to
your project. If more
than one category
applies, please select
those that are most
applicable to your
project.
1) Increasing access to
high-speed broadband
Required
21. Project Infrastructure
Type
Required
…
…
…
…
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…
Last Mile ▼…
DocuSign Envelope ID: C65E6B80-ED26-49EF-9668-31EB0C6AF376
Last Mile
Middle Mile
22. Amount of Grant
Request
Funds can not be used
for costs that will be
reimbursed by other
federal or state funding
streams.
Amount of Grant
Request
*Funds can not be used
for costs that will be
reimbursed by other
federal or state funding
streams.
372,500.00 Required
23. Total Project Budget Total Project Budget 745,000.00 Required
24. Amount of Match
Contribution
Amount of Match
Contribution
372,500.00 Required
25. Please note that this
grant requires a 1:1
financial match. Proof of
funds for match is
required to be uploaded
along with the
application.
Upload proof of funds for
the 1:1 match that
reflects how the match
requirements will be
satisfied.
25 Midco Scandia SW
Proof of Funds.pdf
Required
26. Applying Federal
Funds in Match
*If you select "yes" as
your response, in Q27
state the name of the
federal program being
used for match funds.
Applying Federal Funds
in Match
*If you select "yes" as
your response, in Q27
state the name of the
federal program being
used for match funds.
Required
Required
…
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…
…
No ▼…
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DocuSign Envelope ID: C65E6B80-ED26-49EF-9668-31EB0C6AF376
28. Grant Project
Description and
Objectives
*Include your technical
narrative here. Funds
may be used for
modernization of
cybersecurity for existing
and new broadband
infrastructure, regardless
of their speed delivery
standards. This includes
modernization of
hardware and software.
Include your technical
narrative here. Funds
may be used for
modernization of
cybersecurity for existing
and new broadband
infrastructure, regardless
of their speed delivery
standards. This includes
modernization of
hardware and software.
Midco proposes to build
fiber plant to deliver
high-speed internet,
cable television and
telephone service to 112
Scandia passings, all
eligible for ARPA
funding. The project
area description: areas
around Maxwell Ave
South on the east side of
Big Marine Lake, and
areas around Mayberry
Trail N on the west side
of Big Marine Lake.
Midco will build a FTTP
(Fiber To The Premises)
underground access
network. 10GE EPON
technology will be the
service delivery platform
for providing high speed
data and video service.
Each 10GE EPON port
is capable of
approximately 8.5 Gbps
of throughput data and
will be designed to serve
a maximum of 32
customers. Midco
currently has 5 internet
egress handoff locations
with a total capacity of
860 Gbps of internet
data. We will
immediately offer
speeds of up to 1 Gbps
download and 1 Gbps
upload. Future EPON
technology will allow for
symmetrical speeds up
to 25 Gbps or higher
with no physical network
enhancements.
Required
DocuSign Envelope ID: C65E6B80-ED26-49EF-9668-31EB0C6AF376
29. Identify and outline
steps to support your
local broadband
planning processes or
ongoing broadband
deployment plan.
*As an upload, provide
any relevant
construction prints (ex.
KMZ, schematics, Gantt
charts/timelines etc.) in
Q30.
Identify and outline steps
to support your local
broadband planning
processes or ongoing
broadband deployment
plan.
Midco works with
Scandia to expand
services from the current
Midco network to homes
needing service. If the
expansion is expensive,
we pursue additional
funding with the city,
county or state grant
programs. Midco’s goal
is to serve as many
homes as possible in our
communities.
See attached 28 Midco
Scandia SW City Map
for current service and
this application proposed
service area and letter of
support from the City of
Scandia.
30. Please upload any
relevant construction
prints (ex. KMZ,
schematics, Gantt
charts/timelines etc.).
Please upload any
relevant construction
prints (ex. KMZ,
schematics, Gantt
charts/timelines etc.).
29 Midco Scandia SW
Project Plant Map.pdf
Required
31. How will the
proposed broadband
infrastructure project
ensure digital equity and
reliability challenges are
being met?
How will the proposed
broadband infrastructure
project ensure digital
equity and reliability
challenges are being
met?
Required
…
…
…
DocuSign Envelope ID: C65E6B80-ED26-49EF-9668-31EB0C6AF376
Midco continually
evaluates opportunities to
extend broadband plant in
its communities as they
expand into surrounding
areas. If the project does
not make financial sense,
Midco pursues funding
routes available to bring
service to those residents.
This project ensures that
more residents of Scandia
have the same great
access to broadband as
the current Midco footprint.
With this project
completed, any new
developments in this area
will likely make financial
sense for Midco to build.
As for reliability, Midco is
dedicated to listening to
our customers. J.D.
Power recognized Midco
with the highest-ranking
award for Customer
Satisfaction for Residential
Internet Service in the
West Region. Learn more
at Midco.com/JDPower.1
1For J.D. Power 2021
award information,
visit JDPower.com/Awards.
32. If applicable,
describe coordination
efforts with the local
community and any
direct community
involvement related to
efforts on broadband
planning.
If applicable, describe
coordination efforts with
the local community and
any direct community
involvement related to
efforts on broadband
planning.
Optional …
DocuSign Envelope ID: C65E6B80-ED26-49EF-9668-31EB0C6AF376
Midco is in contact with
Scandia as yearly
expansion of residential
developments and
businesses occurs.
Midco Construction
works directly with the
city to efficiently extend
plant where required.
Our Government
Relations team is in
contact as needed and
is a resource for the city.
33. If applicable, list any
additional services
currently being offered
or provided in the
proposed project's
immediate geographical
area.
If applicable, list any
additional services
currently being offered
or provided in the
proposed project's
immediate geographical
area.
Midco offers broadband,
telephone and video
services to the City of
Scandia and
surrounding
communities such as
Forest Lake, Marine-on-
St. Croix and more. This
proposed build area will
connect to the Midco
network that serves
241,800 homes in
Minnesota alone.
Optional
For purposes of an
ARPA Broadband Grant,
an unserved or
underserved household
or business is one that is
not currently served by a
wireline connection that
delivers a reliable
broadband service with
a minimum speed of 100
Mbps download and 20
Mbps upload (100/20
Mbps). This also
includes any area with
lack of broadband and
lack of reliable service.
Required
…
Unserved
Underserved
Unserved and
Underserved
…
DocuSign Envelope ID: C65E6B80-ED26-49EF-9668-31EB0C6AF376
34. Project areas to be
served
*For purposes of an
ARPA Broadband Grant,
an unserved or
underserved household
or business is one that is
not currently served by a
wireline connection that
delivers a reliable
broadband service with
a minimum speed of 100
Mbps download and 20
Mbps upload (100/20
Mbps). This also
includes any area with
lack of broadband and
lack of reliable service.
35. Upload
documentation verifying
service area(s) of
proposed project being
considered as
unserved/underserved.
Upload documentation
verifying service area(s)
of proposed project
being considered as
unserved/underserved.
34 Midco Scandia SW
Unserved and
Underserved.pdf
Required
36. State how the
proposed project would
support unserved and/or
underserved areas.
State how the proposed
project would support
unserved and/or
underserved areas.
Midco will build fiber-to-
the-premises (FTTP)
plant to serve the project
area with 1G /1G
broadband service to
unserved homes and
businesses.
Required
37. As appropriate,
upload maps, current
census data, etc.) that
reflect your project
service area and any
other relevant
information.
As appropriate, upload
maps, current census
data, etc.).
29 Midco Scandia SW
Project Plant Map.pdf
Optional
38. Cities and/or
Townships to be served
City of Scandia Required
…
…
…
…
DocuSign Envelope ID: C65E6B80-ED26-49EF-9668-31EB0C6AF376
If your project will span
across more than one
city or township, please
list every city or
township that your
project will impact.
39. Type of entity to be
served
Type of entity to be
served
Required
40. If your project will
provide services to
homes/households, your
organization will be
required to either:
- Participate in the
FCC’s Affordable
Connectivity Program
(ACP)
or
- Provide access to a
broad-based affordability
program to low-income
consumers that provides
benefits commensurate
to ACP
Select the option(s) your
organization will
implement.
If your project will
provide services to
homes/households, your
organization will be
required to either:
- Participate in the
FCC’s Affordable
Connectivity Program
(ACP)
or
- Provide access to a
broad-based affordability
program to low-income
consumers that provides
benefits commensurate
to ACP
Select the option(s) your
organization will
implement.
Required
41. Does your proposed
project type/project area
provide service to
locations which already
have reliable access to
wireline 100/20 Mbps
broadband service
(meaning service that
reliably provides 100
Mbps download speed
and 20 Mbps upload
speed through a wireline
connection?
Does your proposed
project type/project area
provide service to
locations which already
have reliable access to
wireline 100/20 Mbps
broadband service
(meaning service that
reliably provides 100
Mbps download speed
and 20 Mbps upload
speed through a wireline
connection?
Required
Homes ▼…
Both ▼…
No ▼…
DocuSign Envelope ID: C65E6B80-ED26-49EF-9668-31EB0C6AF376
43. Maximum proposed
download transmission
speed that will be
included with project?
Maximum proposed
download transmission
speed that will be
included with project?
5 Gig Required
44. Minimum proposed
download transmission
speed that will be
included with project?
Minimum proposed
download transmission
speed that will be
included with project?
100 Mbps Required
45. Maximum proposed
upload transmission
speed that will be
included with project?
Maximum proposed
upload transmission
speed that will be
included with project?
5 Gig Required
46. Minimum proposed
upload transmission
speed that will be
included with project?
Minimum proposed
upload transmission
speed that will be
included with project?
100 Mbps Required
47. Provide a written and
visual representation of
the proposed project's
timeline for completion.
Provide a written and
visual representation of
the proposed project's
timeline for completion.
Project milestones will
begin in 2023,
construction will start in
Spring 2023 with turn up
date expected early
2024. Depending on
material and labor
availability, some
construction activities
may extend further into
2024. All project
activities will be
completed by
12/31/2024.
Required
48. Upload visual
representation of
proposed project
timeline.
Upload visual
representation of
proposed project
timeline.
46 Midco Scandia SW
Project Timeline.pdf
Required
49. Select the
broadband service
providers, if any,
currently serving the
area the applicant
proposes to serve.
Select the broadband
service providers, if any,
currently serving the
area the applicant
proposes to serve.
Required
…
…
…
…
…
…
Century Link
Frontier
Communications
Viasat
…
DocuSign Envelope ID: C65E6B80-ED26-49EF-9668-31EB0C6AF376
50. If "other" was
selected in Q49, please
provide the name of the
broadband service
provider currently
servicing the proposed
area.
If "other" was selected in
Q49, please provide the
name of the broadband
service provider
currently servicing the
proposed area.
T-Mobile FW 25/3
T-Mobile Mobile
Verizon Mobile
AT&T Mobile
Optional
51. As applicable,
provide via upload any
other data that would be
required to comply with
the data and mapping
collection standards of
the FCC regarding the
proposed project.
As applicable, provide
any other data that
would be required to
comply with the data and
mapping collection
standards of the FCC
regarding the proposed
project.
Optional
52. Authorized
Organizational
Representative Name
(full name)
Authorized
Organizational
Representative Name
(full name)
Justin Forde Required
Required
HughesNet
Midcontinent
Communications
Nexterra
Communications
Xfinity/Comcast
LTD Broadband
HBC
Northfield Wi-Fi
not applicable
other
…
…
…
…
DocuSign Envelope ID: C65E6B80-ED26-49EF-9668-31EB0C6AF376
53. Authorized
Organizational
Representative Name
(job title)
Authorized
Organizational
Representative Name
(job title)
VP of Government
Relations
54. Authorized
Organizational
Representative Phone
Number
Authorized
Organizational Phone
Number
701-532-2017 Required
55. Authorized
Organizational
Representative Name
(e-mail address)
Authorized
Organizational
Representative Name
(e-mail address)
Justin.Forde@midco.com
Required
56. By submitting this
grant application for
funding, I certify that the
information provided on
and in connection with
this application is true
and correct to the best of
my knowledge. I also
certify that the
designated Authorized
Organizational
Representative has
reviewed and approved
the submission of this
grant application for
funding.
By submitting this grant
application for funding, I
certify that the
information provided on
and in connection with
this application is true
and correct to the best of
my knowledge. I also
certify that the
designated Authorized
Organizational
Representative has
reviewed and approved
the submission of this
grant application for
funding.
Required
Additional Upload
Space.
Upload additional files
as required.
28 Midco Scandia SW
City Map.pdf
Optional
Additional Upload
Space.
Upload additional files
as required.
Scandia-
MidcoLetterofSupport09292022.pdf
Optional
VP of Government
Relations
Justin.Forde@mid
co.com
…
…
Yes ▼…
…
DocuSign Envelope ID: C65E6B80-ED26-49EF-9668-31EB0C6AF376
Additional Upload
Space.
Upload additional files
as required.
Optional
…
…
DocuSign Envelope ID: C65E6B80-ED26-49EF-9668-31EB0C6AF376
REQUEST FOR DISBURSEMENT
RECIPIENT DISBURSEMENT
Name: ARPA Project Number: 900022
Contract Number:
Disbursement Request Number:
Mailing Address:
Total Amount:
Type of Request: Partial Final
Period Covered by this Request:
From: To:
EXPENSE DESCRIPTION TOTAL PROJECT ARPA ELIGIBLE PREV REQUESTS THIS REQUEST
$ $ $ $
$ $ $ $
$ $ $ $
$ $ $ $
$ $ $ $
$ $ $ $
$ $ $ $
$ $ $ $
Totals $ $ $ $
Percent of Funding Disbursed Previously: %
Total Percent of Disbursed
(Including This Request):
% of $ (total amount)
I certify to the best of my knowledge and belief that the project costs requested, as indicated above, are
allowable expenses under the Coronavirus State and Local Fiscal Recovery Funds Final Rule. Uniform guidance
requirements applicable to Treasury Expenditure Category 6.1 – Revenue Replacement – Provision of
Government Services were followed.
FUNDING RECIPIENT
Signature of Authorized
Representative:
Typed or Printed Name and Title:
Date:
WASHINGTON COUNTY DISBURSEMENT APPROVAL
Signature:
Title:
Exhibit B
DocuSign Envelope ID: C65E6B80-ED26-49EF-9668-31EB0C6AF376
1
=
Background
The Washington County Broadband Program includes matching funds for the expansion of high-
speed broadband within Washington County.
Funding
The Washington County Board of Commissioners has allocated $2,000,000 to cities, townships and
broadband providers to use with a local match for broadband expansion. Applicants may request
1:1 matching funds.
Program Purpose To assist with financing for broadband infrastructure to unserved or underserved areas.
Program Goal
Provide high speed, reliable and affordable internet access to unserved or underserved areas within
Washington County. Completed projects must allow enrollment in a low-income subsidy program.
Eligible Applicants Any Washington County city, township or broadband provider is eligible to apply.
Eligible Project Areas
Any unserved or underserved area located within Washington County. For purposes of an ARPA
Broadband Program, an unserved or underserved household or business is one that is not currently
served by a wireline connection that delivers a reliable broadband service with a minimum speed of
100 Mbps download and 20 Mbps upload (100/20 Mbps). This also includes any area with lack of
broadband and lack of reliable service.
Eligible Projects
Only areas qualifying as unserved, or underserved are eligible for funding. However, an applicant
may choose to present information on a larger project area to demonstrate context and
sustainability of the proposal. The ARPA Broadband program has no minimum project size. The
project may be as small as one house or one business if it qualifies as an unserved or underserved
area. For example, an applicant could request funds for a small project intended to address a
service anomaly in an urban or suburban area that a provider has not been able to address to date
due to cost. Upon project completion service shall reliably meet or exceed upload and download
speeds of 100 Mbps unless it is impractical due to geography, topography or excessive costs. In
which, case 100 Mbps download speeds and 20 Mbps upload speeds are required.
Project Costs
Recipients may use Coronavirus State and Local Fiscal Recovery Funds to cover limited costs
incurred for eligible projects on or after March 22, 2022. The limited costs are only pre-engineering,
purchase of materials, labor costs, and community engagement. The purpose of the program is to
assist in the costs of deploying the middle mile or last mile network. Ongoing maintenance costs
would not be eligible costs under the program.
Match Fund Requirements Requires a 1:1 financial match.
Application Process
Deadline Applications are accepted on a rolling basis until the County Board’s allocation has been depleted.
Applications Applications will be located on the County website at www.co.washington.mn.us.
Contact Jill Zenzola, Accounting Supervisor, Jill.Zenzola@co.washington.mn.us, 651-430-6048
Broadband Program
Exhibit CDocuSign Envelope ID: C65E6B80-ED26-49EF-9668-31EB0C6AF376
Letter of Attestation
From:
To: Washington County, 14949 62nd St N, Stillwater, MN 55082
Contract #:
Date:
To Whom It May Concern,
By signing below, I, , on behalf of certify that the following are
true
• The broadband project has been completed consistent with the project description and
objectives that were submitted on the application.
• The unserved and/or underserved households and/or businesses are now served by a wireline
connection that delivers a reliable broadband service with a minimum speed of 100 Mbps
download and 100 Mbps upload unless it was impractical, due to geography, topography or
excessive costs. In which case 100 Mbps download speeds and 20 Mbps upload speeds are
required.
• The costs incurred from the approved project occurred on or after March 22, 2022. The costs
submitted only include pre-engineering, purchase of materials, labor costs, and community
engagement.
• The completed project includes 1:1 matching funds.
• The broadband service provider is enrolled in a low-income subsidy program including
participating in the FCC’s Affordable Connectivity Program (ACP) and/or provide access to a
broad-based affordability program to low-income consumers that provides benefits
commensurate to ACP.
• The Contractor and any subcontractor or lower tier contractors under this project abided by the
federal requirements set forth in the Special Provisions for Federally Funded Procurement which
was attached to the contract between the Contractor and Washington County.
• Completed project information that is included on the detailed broadband project information
form has been submitted.
Authorized Signer Date
Exhibit D
DocuSign Envelope ID: C65E6B80-ED26-49EF-9668-31EB0C6AF376
Detailed Broadband Project Information
Project Area Description
Project Information
Planned
Actual
Project Technology Type Choose an item. Choose an item.
Total Miles of Fiber Deployed
Total Number of Funded
Locations Served
Pre-County Investment
Total Number of Funded
Locations Served, broken out
by speeds
Number Receiving 25/3 Mbps or below
Number Receiving between 25/3 Mbps
and 100/20 Mbps
Post-County Investment
Total Number of Funded
Locations Served, Broken out
by Type
Planned Actual
Residential (Total
Housing Units)
Business
Community Anchor
Institution
Speed and Latency at the
Location
Maximum Download Speed Offered
Maximum Download Speed Delivered
Maximum Upload Speed Offered
Maximum Upload Speed Delivered
Latency
Exhibit E
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Special Provisions for Federally Funded Procurements
Washington County is a Grantee or Subrecipient of federal assistance. All contracts, including contracts for goods
and services, involving the use of federal funds must contain provisions covering the following, as applicable. A
party to any contract where federal funds are utilized must agree to abide by the following federal requirements
and to bind lower tier and third party contractors and subcontractors to the same.
Incorporation: The following federal requirements are hereby incorporated and made part of the underlying
contract between Washington County and Contractor.
Some or all of the payments may be made from federal funds obtained by the County through the American Rescue
Plan Act of 2021 (“American Rescue Plan”, “ARPA”). Therefore, Contractor agrees to comply with the American
Rescue Plan Act, as amended, as well as the rules of any regulatory body under the American Rescue Plan Act.
A. REMEDIES FOR BREACH AND/OR DISPUTE
Disputes arising in the performance of this Contract which are not resolved by agreement of the parties shall be
addressed in writing by the authorized representative of the County. Unless otherwise directed by the County, the
Contractor shall continue to perform under this Contract while matters in dispute are being resolved. If a resolution
cannot be reached and unless this contract provides otherwise, all claims, counterclaims, disputes and other
matters in question between the County and the Contractor arising out of or relating to this agreement or its breach
will be decided in a court of competent jurisdiction, with venue in Washington County, Minnesota. The duties and
obligations imposed by the Contract Documents and the rights and remedies available thereunder shall be in
addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by
law
B. EQUAL EMPLOYMENT OPPORTUNITY
In accordance with Title VII of the Civil Rights Act, as amended, 42 U.S.C. § 2000e, the Contractor agrees to comply
with all applicable equal employment opportunity requirements of U.S. Department of Labor (U.S. DOL)
regulations, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of
Labor," 41 C.F.R. Parts 60 et seq., (which implement Executive Order No. 11246, "Equal Employment Opportunity,"
as amended by Executive Order No. 11375, "Amending Executive Order 11246 Relating to Equal Employment
Opportunity," 42 U.S.C. § 2000e note), and with any applicable Federal statutes, executive orders, regulations, and
Federal policies that may in the future affect construction activities undertaken in the course of the Project. The
Contractor agrees to take affirmative action to ensure that applicants are employed, and that employees are
treated during employment, without regard to their race, color, creed, national origin, sex, or age. Such action shall
include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or
recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for
training, including apprenticeship.
C. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT
Contract Work Hours and Safety Standards Act. Contractor and any subcontractor, in the performance of work on this
contract, must comply with 40 U.S.C. 3702 and 3704, as supplemented by the Department of Labor regulations (29 CFR
Part 5). Each contractor and any subcontracts are required to compute the wages of every mechanic and laborer
(including watchmen and guards) on the basis of a standard work week of 40 hours. Work in excess of the standard
work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the
basic rate of pay for all hours worked in excess of 40 hours in the work week. Additionally, each contractor and any
subcontractors must ensure that no laborer or mechanic is required to work in surroundings or under working
conditions which are unsanitary, hazardous or dangerous.
Exhibit F
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D. CLEAN AIR ACT AND WATER POLLUTION CONTROL ACT
Clean Air Act
The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean
Air Act, as amended, 42 U.S.C. §§ 7401 et seq. The Contractor agrees to report each violation to the Purchaser and
understands and agrees that the Purchaser will, in turn, report each violation as required to assure notification to
the appropriate EPA Regional Office.
Federal Water Pollution Control Act
The contractor agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Federal
Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. The contractor agrees to report each violation to
the (name of the applicant entering into the contract) and understands and agrees that the (name of the applicant
entering into the contract) will, in turn, report each violation as required to assure notification to the Federal
Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office.
E. SUSPENSION AND DEBARMENT
(1) This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such, the contractor
is required to verify that none of the contractor’s principals (defined at 2 C.F.R. § 180.995) or its affiliates (defined
at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935).
(2) The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt.
3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer.
The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered
transactions.
(3) This certification is a material representation of fact relied upon subrecipient/contractor. If it is later determined
that the contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to
remedies available to the County, the Federal Government may pursue available remedies, including but not
limited to suspension and/or debarment.
F. LOBBYING
The Lobbying requirements mandate the maximum flow down at every contracting tier, pursuant to Byrd
Anti-Lobbying Amendment, 31 U.S.C. § 1352(b)(5).
Byrd Anti-Lobbying Amendment, 31 U.S.C. § 1352 (as amended)
Contractors who apply or bid for an award of $100,000 or more shall file the required certification. Each tier certifies
to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for
influencing or attempting to influence an officer or employee of any agency, a Member of Congress, officer or
employee of Congress, or an employee of a Member of Congress in connection with obtaining any Federal contract,
grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non-Federal
funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to
tier up to the recipient who in turn will forward the certification(s) to the awarding agency.
Required Certification. If applicable, contractors must sign and submit to the non-federal entity the certification
attached hereto as an Appendix.
G. ACCESS TO RECORDS
The following access to records requirements apply to this contract:
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(1) The Contractor agrees to provide Washington County, the designated state/federal Administrator, the
Comptroller General of the United States, or any of their authorized representatives’ access to any books,
documents, papers, and records of the Contractor which are directly pertinent to this contract for the purposes
of making audits, examinations, excerpts, and transcriptions.
(2) The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy
excerpts and transcriptions as reasonably needed.
(3) The Contractor agrees to provide the County, State, or Federal Administrator or his/her authorized
representatives’ access to construction or other work sites pertaining to the work being completed under the
contract.
(4) In compliance with the Disaster Recovery Act of 2018, the County of Washington and the Contractor acknowledge
and agree that no language in this contract is intended to prohibit audits or internal reviews by the federal
Administrator or the Comptroller General of the United States.
H. NO GOVERNMENT OBLIGATION TO THIRD PARTIES
(1) The Purchaser and Contractor acknowledge and agree that, notwithstanding any concurrence by the Federal
Government in or approval of the solicitation or award of the underlying contract, absent the express written
consent by the Federal Government, the Federal Government is not a party to this contract and shall not be
subject to any obligations or liabilities to the Purchaser, Contractor, or any other party (whether or not a party
to that contract) pertaining to any matter resulting from the underlying contract.
(2) The Contractor agrees to include the above clause in each subcontract financed in whole or in part with federal
funding. It is further agreed that the clause shall not be modified, except to identify the subcontractor who will
be subject to its provisions.
I. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OR RELATED ACTS
The Contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements)
applies to the Contractor’s actions pertaining to this contract.
J. CIVIL RIGHTS REQUIREMENTS
The following requirements apply to all underlying contracts. The Contractor also agrees to include these
requirements in each subcontract financed in whole or in part with Federal assistance, modified only if necessary
to identify the affected parties.
(1) Nondiscrimination - In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C. § 2000d, section 303
of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the Americans with Disabilities
Act of 1990, 42 U.S.C. § 12132, the Contractor agrees that it will not discriminate against any employee or applicant
for employment because of race, color, creed, national origin, sex, age, or disability.
a) Age - In accordance with section 4 of the Age Discrimination in Employment Act of 1967, as amended, 29
U.S.C. § 623, the Contractor agrees to refrain from discrimination against present and prospective employees
for reason of age.
b) Disabilities - In accordance with section 102 of the Americans with Disabilities Act, as amended, 42 U.S.C. §
12112, the Contractor agrees that it will comply with the requirements of U.S. Equal Employment
Opportunity Commission, "Regulations to Implement the Equal Employment Provisions of the Americans
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with Disabilities Act," 29 C.F.R. Part 1630, pertaining to employment of persons with disabilities.
K. PROHIBITION ON CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT. (§
200.216) –
(a) Recipients and subrecipients of federal assistance are prohibited from obligating or expending loan or grant
funds to:
(1) Procure or obtain;
(2) Extend or renew a contract to procure or obtain; or
(3) Enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems
that uses covered telecommunications equipment or services as a substantial or essential component of any
system, or as critical technology as part of any system. As described in Public Law 115-232, section 889, covered
telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or
ZTE Corporation (or any subsidiary or affiliate of such entities).
(i) For the purpose of public safety, security of government facilities, physical security surveillance of critical
infrastructure, and other national security purposes, video surveillance and telecommunications equipment
produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua
Technology Company (or any subsidiary or affiliate of such entities).
(ii) Telecommunications or video surveillance services provided by such entities or using such equipment.
(iii) Telecommunications or video surveillance equipment or services produced or provided by an entity that
the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal
Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to,
the government of a covered foreign country.
(b) In implementing the prohibition under Public Law 115-232, section 889, subsection (f), paragraph (1),
heads of executive agencies administering loan, grant, or subsidy programs shall prioritize available funding and
technical support to assist affected businesses, institutions and organizations as is reasonably necessary for those
affected entities to transition from covered communications equipment and services, to procure replacement
equipment and services, and to ensure that communications service to users and customers is sustained.
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CERTIFICATION OF PRIMARY PARTICIPANT REGARDING DEBARMENT,
SUSPENSION, AND OTHER RESPONSIBILITY MATTERS
The undersigned Contractor the best of its knowledge and belief, that it and its principals:
1)Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily
excluded from covered transactions by any Federal department or agency;
2)Have not within a three-year period preceding this proposal been convicted of or had a civil judgment
against them for commission of fraud or a criminal offense in connection with obtaining, attempting
to obtain, or performing a public (Federal, State or Local) transaction or contract under a public
transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft,
forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen
property;
3)Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity
(Federal, State or Local) with commission of any of the offenses enumerated in paragraph (2) or this
certification; and
4)Have not within a three-year period preceding this application/proposal had one or more public
transactions (Federal, State or Local) terminated for cause or default.
If the primary participant (applicant for an FTA grant or cooperative agreement, or potential third party
contractor) is unable to certify to any of the statements in this certification, the participant shall attach an
explanation of this certification.
The undersigned Contractor certifies or affirms the truthfulness and accuracy of the contents of the
statements submitted on or with this certification and understands that the provisions of 31 U.S.C. Sections
3801 et seq, are applicable thereto.
Date: _________________
Signature and Title of Authorized Official
DocuSign Envelope ID: C65E6B80-ED26-49EF-9668-31EB0C6AF376
2/2/2023 Dir of Government Relations
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Byrd Anti-Lobbying Certification
The undersigned [Contractor] certifies, to the best of his or her knowledge and belief, that:
(1)No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for
influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or
employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal
contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative
agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant,
loan, or cooperative agreement.
(2)If any funds other than Federal appropriated funds have been paid or will be paid to any person for making lobbying
contacts to an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an
employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement,
the undersigned shall complete and submit Standard Form--LLL, "Disclosure Form to Report Lobbying," in
accordance with its instructions [as amended by "Government wide Guidance for New Restrictions on Lobbying,"
61 Fed. Reg. 1413 (1/19/96). Note: Language in paragraph (2) herein has been modified in accordance with Section
10 of the Lobbying Disclosure Act of 1995 (P.L. 104-65, to be codified at 2 U.S.C. 1601, et seq.)]
(3)The undersigned shall require that the language of this certification be included in the award documents for all
subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative
agreements) and that all subrecipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction was made or
entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31,
U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995).
Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not
more than $100,000 for each such failure.
[Note: Pursuant to 31 U.S.C. § 1352(c)(1)-(2)(A), any person who makes a prohibited expenditure or fails to file or amend
a required certification or disclosure form shall be subject to a civil penalty of not less than $10,000 and not more than
$100,000 for each such expenditure or failure.]
The undersigned Contractor certifies or affirms the truthfulness and accuracy of each statement of its certification and
disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. A 3801, et seq.,
apply to this certification and disclosure, if any.
Signature of Contractor's Authorized Official
Name and Title of Contractor's Authorized Official
Date
DocuSign Envelope ID: C65E6B80-ED26-49EF-9668-31EB0C6AF376
2/2/2023
Andrew Curly Dir of Government Relations