Orange County NC Website
DocuSign Envelope ID:E20CE413-BEEE-491E-A3A2-DA682209FAD1 <br /> Exhibit A <br /> I. Upon request Consultant shall prepare and deliver to County for use by County a comprehensive Wireless <br /> Telecommunications Facilities Local Ordinance (hereinafter referred to as Ordinance). Subsequently, in <br /> consultation with designated officials of the County, Consultant shall devote up to five (5) hours to draft and <br /> deliver to the County legally permissible revisions to the Local Ordinance, as may be requested, prior to the <br /> public hearing relating to the adoption of the Law. Consultant shall also attend up to three(3)hearings related <br /> to the adoption of the regulations at no charge other than for reimbursement of out-of-pocket expenses. <br /> 11. Consultant shall furnish appropriate Wireless Telecommunications Facilities siting assistance and advice to <br /> the County and County's officials involved in the processing of applications for Wireless Telecommunications <br /> Facilities,and,in connection therewith,shall: <br /> a) Review all applications filed with the County for Wireless Facilities and/or their support <br /> structures; <br /> b) Assist and advise County in the analysis of the applications, to include attending meetings <br /> with Applicants and/or County's officials as required; <br /> c) Recommend in writing to County whether a particular application should be approved or <br /> disapproved,and set forth in writing the reasons for such approval or disapproval:and <br /> d) Review and certify completion of the construction requested in the application and in writing <br /> recommend when/if the certificate of compliance should be issued. <br /> e) Consultant shall,in conjunction with the County's Attorney, assist in the negotiation of any <br /> leases for the use of County-owned property or facilities by wireless communications entities <br /> or persons at its normal hourly rate,with such cost to be paid out of the Applicant's escrow <br /> deposit or a written commitment by the potential lessee to reimburse the County for the cost <br /> reasonably incurred on behalf of County. <br /> 111. Consultant shall perform the services described herein in as expeditious a manner as is reasonably <br /> possible and with due consideration of the time requirements of County. County recognizes that the timing of <br /> the performance of Consultant's services may be affected by previous commitments to other Countys <br /> (including the delivery of promised services and work product and previously scheduled meetings), and <br /> situations normally and traditionally deemed to be matters of a force majeure nature, including those influenced <br /> by the weather,strikes,or power outages. <br /> County agrees to cooperate with Consultant on a timely basis, as needed, and to provide Consultant with <br /> copies of any records, documents and other information needed for the fulfillment of this agreement. County <br /> further agrees to provide Consultant with access to appropriate officials and/or employees of County, as may <br /> be needed in the fulfillment of the agreement. <br /> Both parties understand and agree that mutual accountability and responsiveness is critical to the successful <br /> completion of the respective responsibilities,and therefore both shall always make their best faith efforts to be <br /> accountable and promptly responsive to each other. <br /> IV. In payment for the services to be performed hereunder by Consultant, County shall make payments to the <br /> Consultant as follows: <br /> (a) Development of Ordinance or Other Regulations: For the services to be performed by the <br /> Consultant pursuant to paragraph I hereof, there shall be no charge. Time beyond five hours <br /> or attendance at more than one meeting for adoption of the Ordinance, including travel time, <br /> shall be billed at the Consultant's normal hourly rate, plus reimbursement of actual expenses <br /> with no mark-up. <br /> (b) Eligible Facilities: For the services to be performed by the Consultant pursuant to paragraph <br /> II hereof as pertain to applications for'Eligible Facilities' (as defined by applicable State law) <br /> County shall pay Consultant a'Flat Fee'of$1,000.00. <br /> (c) Substantial' Modifications: For the services to be performed by the Consultant pursuant to <br /> paragraph II hereof as pertain to new towers or other support structures and 'Substantial <br /> Modifications and Co-Locations (as defined by applicable State law), County shall pay <br /> Consultant a'Flat Fee'of <br /> a. $8,000.00 for a Substantial Modification involving a telecommunication facility <br /> approved as a Class A Special Use Permit; <br />