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Home My WebLink AboutNS Planning-Mgr Office-Memorandum of Understanding between Orange Co and American Towers Inc-Broadband Communifications infrastructure- 03-02-2010-4jDRAFT Attachment 2 ' 4 Memorandum of Understanding between Orange County, North Carolina Board of County Commissioners and American Towers, Inc. Whereas, the Orange County Board of Commissioners has identified a need to improve the County's broadband communications infrastructure; Whereas, the Board seeks to improve public safety communications in the far southern portion of the county where communications is currently limited; Whereas, the Board has determined that direct 'line -of- sight' communication with all schools, libraries and other county facilities is necessary to ensure effective and efficient data sharing; Whereas, the Board seeks to improve broadband service for residents of Little River, Cedar Grove and Bingham Townships; and Whereas, in order to implement these improvements the Orange County Board of Commissioners issued a Request for Proposals (RFP #5157), dated September 22, 2009, seeking a qualified vendor to assist in the implementation of the above improvements. Whereas, American Tower, Inc. is a builder of vertical real estate (wireless communication tower facilities) upon which broadband service providers attach their broadcasting equipment. Now Therefore, this Memorandum of Understanding between Orange County, North Carolina Board of Commissioners (the "County ") and American Towers, Inc. ( "ATC "), collectively the "Parties," will serve as a mechanism to begin negotiation to carry out the task set forth in the Request for Proposals. 1. The Parties agree to cooperate with each other to reach a mutually agreeable services agreement (the "Agreement "), which agreement will include, at a minimum, the terms set forth herein. 2. The Parties will agree to a scope of services; 3. The Parties will agree to a budget for the implementation of the services. 4. The proposed scope of services will include, but not be limited to wireless cell tower placement, consulting and tower system management. 5. ATC will consult with the County on all aspects of wireless, broadband service coverage within the designated un- served and under - served portions of rural Orange County. 6. ATC will have the exclusive right to develop any new wireless communication tower facilities on County properties, which are required in association with Attachment 1 Broadband Initiatives Program (BIP) Grant Application The federal ARRA grant program has two components, the Broadband Technology Opportunities Program (BTOP) administered through the US Department of Commerce — National Telecommunications and Information Administration (NTIS) and the Broadband Initiatives Program (BIP) administered through the US Department of Agriculture — Rural Utilities Service (RUS). The BTOP is focused more on urban areas and "Middle Mile" projects. The BIP is focused on "last mile ", rural libraries, and satellite projects. Orange County will be applying to the BIP for one or more requests to locate broadband service providers as collocators on new American Tower sites and to locate a facility at the Northern Human Service Center. American Tower, Inc. will build the towers at its own cost. The grant(s) will be to subsidize broadband service in the rural, un -served portions of Orange County. Rural is now defined as a service area not less than five miles from an urban area with a population greater than 20,000 people. In Orange County this will exclude a five -mile ring around the Town of Chapel Hill and those portions of eastern Orange County within five miles of the Durham Urban Growth Boundary. Un- served areas are those service areas with no access to facilities- based, terrestrial broadband service, either fixed or mobile, at the minimum broadband transmission speed [5 Mbps (upstream and down). A premise has access to broadband service if it can readily subscribe to that service upon request. Key grant points: • No local match is required. • Library grants are funded at 100% • All other grant requests are for 75% grant and 25% loan, except if socio- economic data can support an exemption. • Funding requests are limited to $10,000 per premises, except if socio- economic data can support an exemption. the subject project. Such right shall be time limited and ATC will have the first right to develop and if not, then other agencies may proceed. If its minimum investment criteria were met, ATC would construct new wireless communication tower facilities only in those locations where parties agree that a new facility is required for the deployment of broadband coverage. 7. Unless otherwise mutually agreed, the Parties shall use their reasonable efforts to execute and deliver the Agreement within sixty (60) business days after the full execution and delivery of this Memorandum of Understanding. 8. In consideration of expenses to be incurred by the Parties in pursuing this Agreement, the Parties agree that until ninety (90) days after signing Memorandum of Understanding, the County will not negotiate, directly or indirectly with any other party. 9. The Parties acknowledge that this Memorandum of Understanding is non- binding and that the various terms remain to be negotiated. Accordingly, while the Parties agree in principle to the content hereof and propose to reasonably proceed to negotiate the Agreement contemplated herein, neither Party shall have any obligations or duties to the other Party. 10. One or more service providers will collocate on the towers and will be party to the grant / loan application. If the foregoing is acceptable, please sign below to confirm your intent to proceed with negotiations consistent with the terms of this Memorandum of Understanding. American Towers Inc., a Delaware Orange County Board of corporation Commissioners By: Print Name: Title: Vice President Date: By: Print Name: Title: Board Chair Date: