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[ 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 /> 26t' 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 j <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 /> i <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 />