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HomeMy WebLinkAboutAgenda - 03-02-2010 - 4jORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: March 2, 2010 i Action Agenda Item No. q- - j SUBJECT: USDA Ruraf Utilities Service Broadband Initiatives Program for Rural Broadband Service Extension. DEPARTMENTS: Planning & Inspections, PUBLIC HEARING: (Y/N) No Manager's Office, Emergency Services, Information Technologies, Economic Development, and Asset Management & Purchasing Services ATTACHMENTS: INFORMATION CONTACT: 1. Broadband Initiatives Program Grant Craig Benedict, Planning, 245-2592 Application Bulleted Outline Wi{lie Best, Asst. County Manager, 245-2308 2. Draft Memorandum of Understanding with Gwen Harvey, Asst. County Manager, 245- American Tower, Inc. 2307 3. Map of Tower Sites for Inclusion into the Frank Montes de Oca, Emergency Services Master Telecommunications Plan for the 245-6140 BIP Grant Application Purposes Todd Jones, Information Technologies, 245- 2285 Brad Broadwell, Economic Development, 245-2327 Pam Jones, Asset Management & Purchasing Services, 245-2652 PURPOSE: To authorize the County to apply for federal American Recovery & Reinvestment Act (ARRA) stimulus funds through the USDA Rural Utilities Service (RUS) Broadband Initiatives Program (BIP) to fund the extension of broadband service into the un-served, rural portions of Orange County. BACKGROUND: At the June 16, 2009 meeting, the BOCC directed the appropriate County departments to prepare a Request for Proposal (RFP). Following this directive, staff members from the affected departments met and developed an RFP. The RFP was sent to all known tower providers doing business in the county and other private groups who had expressed interest in the project. Asset Management & Purchasing Services issued the RFP in September 2009. American Tower, Inc., the only responsible and responsive bid, provided its proposal on October 13, 2009. After a December 2, 2009 interview with American Tower, Inc., County staff members began discussions with American Tower, Inc. to develop a Memorandum of Understanding (MOU) to partner with Orange County to address County wireless telecommunication needs. Part of this partnership is the assistance with applications for 2 federal grant and loan programs for funding to extend broadband services into the rural underserved and un-served portions of Orange County. At its December 15, 2009 meeting, the BOCC voted to approve acceptance of the American Tower, Inc. response for free consulting resources for ARRA grant/loan applications. Staff was directed to begin negotiations with American Tower, Inc. to prepare the MOU. The MOU is to include completion of a grant or loan application to fund new broadband service within the rural un-served portions of the County. Other areas will be analyzed for inclusion into the Master Telecommunications Plan. Presently, American Tower is requesting an `exclusive right to develop' agreement for tower facilities on County lands. However, this would be time limited and American Tower would have the first right to develop, and if not, then other agencies may proceed. American Tower is a builder of vertical real estate (the tower) upon which broadband service providers attach broadcasting equipment. One or more service providers will be part of the grant /loan application that the BOCC will review and approve, if awarded. County Needs: Orange County's broadband needs are many. First, universal public safety communications are vital. The ability to communicate directly to all first responders and the general public is essential. At present direct communications to the southern most portion of the County is not possible, along with the White Cross, Caldwell and Cedar Grove communities. Secondly, Information Technologies needs direct 'line -of- sight' wireless communication with all schools, libraries and other County facilities to ensure effective and efficient data sharing and information outreach. A majority of residents in Little River, Cedar Grove and Bingham Townships do not have reliable broadband service. Lastly, rural and urban economic development opportunities can be enhanced. FINANCIAL IMPACT: American Tower, Inc. will build at its own cost wireless support structures (towers) for sites upon which broadband service providers will collocate if the grant is not achieved. Public safety communications facilities will collocate on these sites as needed. Depending on specific funding opportunities from ARRA or from private market investment thresholds, specific location contracts will be brought forward to the BOCC and/or parameters of such contracts will be agreed to. There is no required local match for the grant/loan BIP program. RECOMMENDATIONS: The Manager recommends the Board: 1. Authorize staff to apply for federal ARRA stimulus funds through the USDA Rural Utilities Service (RUS) Broadband Initiatives Program (BIP) to fund the extension of broadband service into the un-served, rural portions of Orange County, 2. Approve the map of tower sites for inclusion into the Master Telecommunications Plan and as the basis for the BIP grant application, 3. Direct staff to finalize the Memorandum of Understanding with American Tower, Inc. regarding future County completion of a grant/loan application to fund new broadband service within the rural underserved and un-served portions of the County; and 4. Authorize the Chair to sign the MOU following completion of staff's work to finalize the document. 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 afive-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. DRAFT 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 5 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 corporation By: Print Name: Title: Vice President Date: Orange County Board of Commissioners By: Print Name: Title: Board Chair Date: • 6 Attachment 3 MTP Tower Sites - BI P Grant Application Cedar Grove Cedar Grove Park Fire Department e ^y t I ' t OWASA Property J 'D Fr f. White Cross �� ` 'x Fire Department Non-rural Census Blocks(2000) ou=3 mi es 2 Mile Buffer Durham UGA Oom'I" Potential Tower Locations 0 City Limits Orange County Planning and Inspections Department GIS Map Prepared by Brian Carson February 24,2010