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DRAFT <br />Attachment 2 4 <br />Memorandum of Understanding <br />between <br />Orange County, North Carolina Board of County Commissioners <br />and <br />American Towers, Inc. <br />Whereas, the Orange County Board of Commissioners has identified a need to improve <br />the County's broadband communications infrastructure; <br />Whereas, the Board seeks to improve public safety communications in the far southern <br />portion of the county where communications is currently limited; <br />Whereas, the Board has determined that direct 'line -of-sight' communication with all <br />schools, libraries and other county facilities is necessary to ensure effective and efficient <br />data sharing; <br />Whereas, the Board seeks to improve broadband service for residents of Little River, <br />Cedar Grove and Bingham Townships; and <br />Whereas, in order to implement these improvements the Orange County Board of <br />Commissioners issued a Request for Proposals (RFP #5157), dated September 22, <br />2009, seeking a qualified vendor to assist in the implementation of the above <br />improvements. <br />Whereas, American Tower, Inc. is a builder of vertical real estate (wireless <br />communication tower facilities) upon which broadband service providers attach their <br />broadcasting equipment. <br />Now Therefore, this Memorandum of Understanding between Orange County, North <br />Carolina Board of Commissioners (the "County") and American Towers, Inc. ("ATC"), <br />collectively the "Parties," will serve as a mechanism to begin negotiation to carry out the <br />task set forth in the Request for Proposals. <br />1. The Parties agree to cooperate with each other to reach a mutually agreeable <br />services agreement (the "Agreement"), which agreement will include, at a <br />minimum, the terms set forth herein. <br />2. The Parties will agree to a scope of services; <br />3. The Parties will agree to a budget for the implementation of the services. <br />4. The proposed scope of services will include, but not be limited to wireless cell <br />tower placement, consulting and tower system management. <br />5. ATC will consult with the County on all aspects of wireless, broadband service <br />coverage within the designated un-served and under-served portions of rural <br />Orange County. <br />6. ATC will have the exclusive right to develop any new wireless communication <br />tower facilities on County properties, which are required in association with <br />