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Attachment 1 <br />INTERLOCAL AGREEMENT <br />BETWEEN TOWN OF HILLSBOROUGH AND THE COUNTY OF ORANGE <br />FOR CONSTRUCTION AND OPERATION OF A FIBER NETWORK IN THE TOWN OF HILLSBOROUGH AND THE <br />UNICORPORATED AREAS OF ORANGE COUNTY <br />This agreement is dated, made, and entered into as of the by the County of Orange, a North Carolina <br />political subdivision (“Orange”) and the Town of Hillsborough, a North Carolina municipal corporation <br />("Hillsborough"). <br />Purposes. The purposes of this agreement are (1) to further the economic development potential of <br />fiber network pathways identified by Town of Hillsborough and the County of Orange in their respective <br />planning documents as particularly suitable for development, as well as (2) to promote the public health <br />and safety of residents within the Town of Hillsborough. <br /> <br />1. Design. Orange will solicit and receive proposals for the design of fiber infrastructure to serve <br />Hillsborough. Before awarding contracts for such design, Orange will provide Hillsborough with the <br />proposals and other responses to the request for proposals so that Hillsborough may review and <br />comment to Orange regarding the selection of the designer(s). Orange will then proceed to negotiate <br />the professional fees with the designer(s). The fees must be satisfactory to Hillsborough. Orange will not <br />select any designer to which Hillsborough objects based on the qualifications and/or professional fees. If <br />Hillsborough does not object within a reasonable time to a designer and its proposed fee structure, <br />Orange may award a contract to the designer for such design in which the proposed fee structure <br />applies. Hillsborough will reimburse Orange for all payments that Orange is required to pay under the <br />contracts. <br />Therefore, Orange will invoice Hillsborough at a rate of 50% of the invoices are received from the <br />selected designer(s) for payments made or required to be made under the design contracts. <br />Hillsborough will pay each invoice within thirty (30) days after it receives it. <br />2. Construction. Orange will solicit bids for the construction of the infrastructure. Orange will share <br />the proposals with Hillsborough. Hillsborough may comment to Orange as to which contractor(s) the <br />award should be made. If Orange concurs, and if Orange determines it appropriate to do so, Orange will <br />award the contract(s) to those contractor(s) and execute contract(s) with them. If Orange does not <br />concur, or if Orange otherwise finds it appropriate to rebid, Orange will rebid and continue the process <br />described in this paragraph until Orange makes an award unless the Orange County Manager and the <br />Hillsborough Town Manager jointly agree to suspend or abandon the process. By authorizing their <br />respective managers to sign this agreement, the parties' governing bodies authorize them to agree to <br />suspend or abandon the process if they jointly determine it is prudent to do so. If the managers do not <br />jointly agree it is prudent to suspend or abandon the process, it is agreed that suspension or <br />4