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<br /> <br /> <br />1 <br /> [Departmental Use Only] <br /> TITLE Broadband Acceleration <br /> FY 2021-22 <br />NORTH CAROLINA <br /> NETWORK DEVELOPMENT AGREEMENT <br />ORANGE COUNTY <br /> <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 /> <br /> <br />W I T N E S S E T H: <br /> <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 /> <br /> <br /> NOW, THEREFORE, the Provider and the County, for the consideration herein named, agree as follows: <br /> <br /> <br />1. CONTRACT DOCUMENTS; PRIORITY <br /> <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 /> <br />a. This Agreement <br /> <br />b. Orange County Broadband Request for Proposals and addenda thereto. <br /> <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 /> <br />d. Mutually Agreed Service Sites (Attachment B) <br /> <br />DocuSign Envelope ID: 32FCA70F-8C9D-4D85-A0BE-B88413353B8B