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DRAFT 10 -24 -14 <br />MEMORANDUM OF AGREEMENT <br />BETWEEN THE <br />DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS <br />STATE OF HAWAII <br />AND <br />DEPARTMENT OF INFORMATION TECHNOLOGY <br />COUNTY OF HAWAI'I <br />THIS AGREEMENT is made and entered into as of 2014, <br />by and between the DEPARTMENT OF COMMERCE AND CONSUMERS, CABLE TELEVISION DIVISION, <br />STATE OF HAWAII ( "DCCA "), and the DEPARTMENT OF INFORMATION TECHNOLOGY, COUNTY OF <br />HAWAII, ( "COUNTY "), each acting by and through duly authorized officers; <br />WITNESSETH: <br />WHEREAS, DCCA is the recipient of a grant from the National Telecommunications and <br />Information Administration for the purposes of broadband mapping and planning; and <br />WHEREAS, DCCA desires to provide funds from its grant to the COUNTY to conduct pilot projects <br />for purposes of expanding broadband Internet services to areas in Hawai'i County, which are unserved <br />or underserved by these services; and <br />WHEREAS, the COUNTY desires to accept such funds from DCCA and would, subject to DCCA's <br />approval, enter into a an agreement with a contractor to implement the pilot projects; and <br />WHEREAS, the expansion of broadband Internet services to areas in Hawai'i County, which are <br />unserved or underserved by these services would be in the best interest of the COUNTY and its citizens; <br />NOW THEREFORE, in consideration of the premises and other good and valuable consideration, <br />DCCA and the COUNTY agree as follows: <br />1. PILOT PROJECT: SCOPE OF WORK. COUNTY will use its best efforts to enter into an <br />agreement to perform the services described in Exhibit "A" of this Agreement (the "Work "). <br />2. COMPENSATION. DCCA shall pay to COUNTY an amount not to exceed ONE HUNDRED <br />EIGHTY -EIGHT THOUSAND FIVE HUNDRED AND NO /100 DOLLARS ($188,500) for the performance of the <br />Work. <br />3. PERFORMANCE PERIOD. The Work shall commence as soon as COUNTY can obtain the <br />services of a qualified contractor to perform the Work and shall be completed no later than January 31, <br />2015. <br />4. INDEMNIFICATION. The COUNTY shall defend, indemnify, and hold harmless DCCA, and <br />its officers, employees, and agents from and against all liability, loss, damage, cost, and expense, <br />