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5 <br /> [Departmental Use Only] <br /> TITLE Broadband Acceleration <br /> FY 2021-22 <br /> NORTH CAROLINA <br /> NETWORK DEVELOPMENT AGREEMENT <br /> ORANGE COUNTY <br /> THIS NETWORK DEVELOPMENT AGREEMENT(hereinafter called"Agreement"), made as of the <br /> 26th day of April 2022, by and between North State Communications Advanced Services, LLC (hereinafter <br /> called"North State"or the"Provider")and Orange County,a political subdivision of the State of North Carolina <br /> (hereinafter called the "County"or"Orange County."). <br /> WITNESSETH: <br /> 1. The County is a recipient of a federal award under the Coronavirus Local Fiscal Recovery Fund,created <br /> under section 603 of the Social Security Act (42 U.S.C. § 803), as amended by Section 9901(a) of the <br /> American Rescue Plan Act of 2021 (Pub. L.No. 117-2) ("ARPA Award"or"Award"). <br /> 2. The County desires to utilize ARPA Award funds in part to support the development of necessary <br /> broadband infrastructure within the County. <br /> 3. Provider, a regional provider of communications networks and services, responded to a September 13, <br /> 2021 (with an Addendum on October 11,2021)Request for Proposal issued by the County,in which the <br /> County sought to identify broadband solutions to serve unserved and underserved areas in the County <br /> ("RFP"). <br /> 4. After considering all responses to the RFP, Provider's proposal was selected as the winning proposal. <br /> 5. The County desires to use some of its Award funds to make a subaward to Provider for broadband <br /> network development in Orange County. <br /> NOW, THEREFORE,the Provider and the County, for the consideration herein named, agree as follows: <br /> 1. CONTRACT DOCUMENTS; PRIORITY <br /> The Contract Documents consist of this Agreement and all Attachments thereto; the Orange County <br /> Request for Proposals (RFP) #367-OC 5330: Broadband Service to Unserved Areas and addenda thereto; the <br /> ARPA Subrecipient Agreement; and the Provider's Proposal in response to the RFP. North State agrees to <br /> execute an ARPA Subrecipient Agreement substantially in the form of Attachment D. The Contract Documents <br /> form the Contract. In the event of any inconsistency between or among the Contract Documents, the Contract <br /> Documents shall be interpreted in the following order of priority: <br /> a. This Agreement <br /> b. Orange County Broadband Request for Proposals and addenda thereto. <br /> c. The Service Area Map (Attachment A) and its associated electronic data including GIS address <br /> points in KMZ format(incorporated by reference),hereinafter collectively called"Service Area <br /> Map." <br /> d. Mutually Agreed Service Sites (Attachment B) <br /> 1 <br />