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HomeMy WebLinkAboutAgenda 6-a - Broadband Initiatives Update and Approval of Proposed Agreement with Open Broadband for Wireless Broadband Appurtenances on County Facilities 1 ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: March 7, 2019 Action Agenda Item No. 6-a SUBJECT: Broadband Initiatives Update and Approval of Proposed Agreement with Open Broadband for Wireless Broadband Appurtenances on County Facilities DEPARTMENT: Information Technologies ATTACHMENT(S): INFORMATION CONTACT: Service Area Map Jim Northrup, Chief Information Officer, Tower Antenna Agreement (Equipment 919-245-2276 Specifications Included) PURPOSE: To: 1) receive an update on the County's current broadband initiatives and a timeline of relevant events; and 2) approve and authorize the Manager to sign the attached agreement thereby allowing Open Broadband, LLC no cost access to County facilities for the purpose of appropriately attaching equipment in order to provide broadband services to rural Orange County residents. BACKGROUND: BROADBAND INITIATIVES UPDATE Since 2014, Orange County Information Technologies (IT) has been tasked with working toward improving broadband technology for Orange County residents. Many of the tasks below were accomplished through collaboration with residents, business partners, State and local representatives, government agencies, and towns. Orange County IT has been administering the Open Broadband contract with an eye toward first customer sign ups in April-May of 2019. Some of the key deliverables from now till then: o continue reviewing Open Broadband Project financials (County) o negotiating tower agreements (Hillsborough / Open Broadband) o negotiating tower agreements (Orange County / Open Broadband) o field verification of Open Broadband equipment purchases and configurations The largest current initiative currently underway is the $500,000 Broadband Initiative, whereby the County sought Request for Proposals (RFP) from Internet Service Providers (ISPs) on how to improve broadband in both unserved and underserved areas in Orange County. The Request for Proposals was released in January of 2018. The intent was to find a vendor that could improve broadband speed and services in the rural areas of the County. 2 A larger initiative in terms of dollars, but at this time only tangentially related to broadband, is the County's Fiber Project Phase 1. Currently, the County is partnering with the Town of Hillsborough in order to reduce costs for both parties. The County and Town are currently in the process of vendor selection after successfully releasing an RFP in November 2017. Phase 1 was funded in Fiscal Year 2017-18, and Phases 2 & 3 are planned in upcoming fiscal years. Once complete, this project will connect County buildings from Cedar Grove to Carrboro and have fiber running east-west along the Highway 70 corridor connecting from the Efland Cheeks Community Center to points close to the Durham County line. The excess dark fiber will be available to other organizations and individuals outside of Orange County Government for both broadband and economic development purposes. This project is currently waiting for Town of Hillsborough Board of Commissioners approval. County IT staff has also attended and presented at multiple community meetings. Orange County IT attended and presented at the Schley Grange along with Internet Service Providers and State representatives, including NC House Representative Graig Meyer. Information Technologies has also been acting as a clearinghouse for all resident broadband service issue concerns. Typically, staff responds to every Orange County resident email and call personally and tries to facilitate solutions between residents and ISPs while at the same time setting realistic expectations. Often this is simply a matter of connecting residents with the right person in the ISP's organization and, after making introductions, checking back in to ensure that all parties are communicating effectively. Timeline of Relevant Events Past, Present and Future (Reverse Chronological Order) • October 2021 — A 36-month pilot project will be complete and the Manager and staff will offer a final report to the Board • September 2019 — Potential Phase 2 start date. • May - July 2019 — Verification of service across the entire Phase 1 area. Customers will be getting signed up and service delivered. • April 2019 — First Phase 1 customer will be signed up proving that initial equipment setup is working • February 2019 — Manager requests Board approval for Open Broadband tower agreement • October 2018 — Contract with Open Broadband was executed and the six-month clock to sign up the first customer and have them working begins. • September 2018 — Board approved awarding grant funds to Open Broadband. • May 2018 — RFP is advertised as per the County Attorney's recommendation. • March 2018 — RFP vendor(s) selection commences • January 2018 — Broadband RFP closes and vendor interviews commence • November 2017 — County solicits Broadband Request for Proposals (RFP) • June 2017 — $500k for broadband incentives approved in County budget • Late 2016 — County works with Representative Graig Meyer to set meeting with CenturyLink. This meeting paved the way for CenturyLink to provide budgetary numbers for improving broadband in its service area and those numbers were used as a base number for the FY 2017-18 $500,000 Broadband Incentive. • September - December 2016 — IT met with Federal Engineering and Emergency Services to discuss the positive impact proposed telecommunications towers may have on broadband services in rural Orange County. It was requested at that meeting that approximately 15' of vertical strata be reserved for placement of 3rd party wireless 3 broadband equipment on any new towers to be constructed by Orange County. Discussions also included how both the County's telecommunication and fiber plans have synergies that may decrease long range costs and offer a more secure and reliable fiber connection to each proposed tower location. • July 2016 — Former Governor Pat McCrory released the NC broadband strategy report. No funding identified within this report for broadband improvements. • May 2016 — The County's public network buildout was completed in downtown Hillsborough and all County-occupied buildings. • March 2016 —WiFi-to-Go pilot began via collaboration by IT and the County Library. • March 2016 — The State assisted Orange County with identifying vertical assets - understanding the location and availability of county-wide vertical assets is important to businesses that want to bring wireless internet services into Orange County. • December 2015 — An ISP meeting on State/County collaboration occurred. • Late 2015 — The Orange Public + Education Network (OPEN) formed to foster collaboration and cost-sharing among Orange County and its municipalities. • August 2015 — The County's Broadband Survey closed. • June 2015 — The County's Broadband Survey was released. • April 2015 — The Broadband Initiative resident group was formed. • November 2014 — The Manager directed County staff to make a concerted effort to engage residents in broadband discussions. • June 2014 — January 2016 — Orange County leveraged its relationship with Time Warner resulting in Time Warner extending its wireless hotspots network throughout downtown Hillsborough and into Fairview and Cedar Grove Parks. Prior to the County's contact, Time Warner reported it was only going to deliver hotspot services to Durham and Chapel Hill. This service allows any individual to connect wirelessly throughout downtown Hillsborough and the parks for free. • 2011 — North Carolina House Bill 129 barred governments from using public funds to become Internet Service Providers. • 2010 — The Federal Communications Commission (FCC) publishes its National Broadband Plan. • 2010 — MCNC (Microelectronics Center of North Carolina) awarded federal funds for middle-mile network in rural NC. • 2009 — The US Recovery and Reinvestment Act stimulus bill included a provision to make loans to states for the purpose of broadband. PROPOSED AGREEMENT WITH OPEN BROADBAND In Fiscal Year 2018 funds were budgeted to create a scalable broadband solution to foster innovation, drive job creation, stimulate economic growth, and serve new areas of development in the community and also to provide a flexible menu of retail services that offers new or enhanced service to rural Orange County residents. In Fiscal Year 2019 Open Broadband, LLC and Orange County entered into a public-private partnership to provide broadband Internet services to residents in the rural areas of Orange County. The attached agreement works toward those purposes by continuing to partner with Open Broadband by allowing them to place communications equipment on a vertical assets owned by Orange County, i.e., the communications tower at 510 Meadowlands. This agreement will have a 36-month duration in an effort to co-term it with the larger Open Broadband three-year pilot project currently underway. Prior to renewal, and similar to the pilot project, it will be re- 4 evaluated for economic viability with no obligation for continued County support beyond what is stated in the attached agreement. FINANCIAL IMPACT: There is no financial impact associated with receiving the broadband update. Regarding the agreement, Open Broadband will be assuming equipment and installation costs, and Orange County will be providing no cost access to the vertical assets around the County for the duration of this agreement. It should be noted that the Open Broadband equipment and installation cost ultimately are made possible by the initial broadband funding offered by the County. SOCIAL JUSTICE IMPACT: Broadband improvements and the resulting services available to residents do impact the social justice. The update only serves to inform the Board on said improvements. The following Orange County Social Justice Goals are applicable to approval of the proposed agreement: • GOAL: FOSTER A COMMUNITY CULTURE THAT REJECTS OPPRESSION AND INEQUITY The fair treatment and meaningful involvement of all people regardless of race or color; religious or philosophical beliefs; sex, gender or sexual orientation; national origin or ethnic background; age; military service; disability; and familial, residential or economic status. • GOAL: ENSURE ECONOMIC SELF-SUFFICIENCY The creation and preservation of infrastructure, policies, programs and funding necessary for residents to provide shelter, food, clothing and medical care for themselves and their dependents. • GOAL: ENABLE FULL CIVIC PARTICIPATION Ensure that Orange County residents are able to engage government through voting and volunteering by eliminating disparities in participation and barriers to participation. The County seeks to promote an interactive and engaging system of governance that reflects community values by expanding internet access through County hotspots or incentives to private parties. The proposal before the Board is part of the overall effort to make available affordable access for rural Orange County residents to broadband and Internet technology, augment existing and create new rural economic development, increase residents' IT skills, and foment the creation and consumption of relevant web-based content and services where there was none before; i.e., address digital inclusion and digital divide issues in Orange County. RECOMMENDATION(S): The Manager recommends that the Board: 1) receive an update on the County's current broadband initiatives and a timeline of relevant events; and 2) approve and authorize the Manager to sign the attached agreement thereby allowing Open Broadband, LLC no cost access to County facilities for the purpose of appropriately attaching equipment in order to provide broadband services to rural Orange County residents. Service Area Map Attachment 1 ,. • -� 71 Site 3 fi ' 1 ! I Site 2 L� 00 T o J r-; 4 j 1 _ J 9 • � o � o B 0 I 00 o J u .o °Z o r�uo Site 10 I Service Area Address Count -- j Site 1, 2 and 3 2,342 Site 10 331 Total Residential Address Points 2,673 4,937 Address Points (Unserved and Underserved Areas) N 1 in=3 miles ORANGE Miles � Proposed Wireless Service Areas COUNTY A o z Orange County Planning and Inspection • Test Sites BC 8/24/2018 6 [Departmental Use Only] TITLE FY NORTH CAROLINA TOWER ANTENNA AGREEMENT ORANGE COUNTY This Tower Antenna Agreement (hereinafter "Agreement"), made and entered into this seventh day of March, 2019, ("Effective Date") by and between Orange County, North Carolina a political subdivision of the State of North Carolina (hereinafter, the "County") and Open Broadband, LLC, organized and existing under the laws of the State of North Carolina (hereinafter, the "Provider"). WITNESSETH: The term "Tower" is defined as a structure that may stand apart from or be attached to another building or structure. Examples include radio towers, cell towers, television towers, building rooftops, and water towers. WHEREAS, the County owns towers suitable for placement of fixed-wireless antennas to provide high-speed internet service; and WHEREAS, Provider desired to install, remove, replace, maintain, and operate at its expense, a wireless broadband service system facility, including mounting antennas on the towers and a weather utility service box approximately 2' x 3' to house the communications service system fixtures and equipment (or equivalent space provided by County), and necessary appurtenances; and in consideration of the provisions, terms, conditions and covenants contained herein, the County and Provider do mutually covenant and agree as follows: 1. Antenna Space and Cabling. County hereby agrees to provide space on its towers for fixed wireless antennas and mounts at locations to be selected by Provider so long as they do not cause issues with tower loading or wind shear, and do not interfere with the openings to the tower, ladders, braces, paint removal, or painting of the tower and is in full compliance with all state and/or federals laws or the rules and regulations of any agency or instrumentality thereof. As required, County also agrees to allow Provider to attach outdoor Ethernet cable to the tower to connect the antennas to electronics located at or near the tower. Provider is responsible for all installation and maintenance costs of their equipment, and will work in good faith with the County for agreeable placement locations and design. 2. Electronics and Power. County hereby grants access to Provider to place electronics at a suitable location near the tower. This may be an outdoor utility box (purchased, installed, and mainttained by Provider), or a small amount of rack space in an existing room owned by the County. County will either provide a 120-volt AC power socket for the minimal power draw of the antennas, or allow Provider to install a small solar panel and batteries to supply power. There is not an additional fee for the use of the power. Power consumption will be minimal with use in the range of 1-2 amps. OC Tower Agreement 1.0 7 3. Term. The term of this agreement (the "Initial Term") is three (3) years, beginning on the Effective Date. This agreement shall be automatically renewed for one additional five (5) year period (the "Renewal Term"), unless Provider or County provides notice of intention not to renew not less than sixty(60) days prior to the expiration of the Initial Term or any Renewal Term. 4. Rent. Both parties agree that the deployment of fixed wireless internet is an economic development benefit to the community to retain and attract jobs, helps close the `homework gap' for local residents with children desiring affordable home broadband internet, and will result in new property tax collections for the county/town. It is understood that tower space is a requirement in order for Provider to provide high- speed internet service to the community. In return for Provider making a private investment in equipment in Orange County in furtherance of an agreement between the parties to provide Broadband Service to Unserved Areas, the County agrees to make a non-monetary contribution to this investment by providing Tower space to Provider at no charge. This is a valuable consideration, and is valid only as long as Provider has made the equipment investment and is providing high- speed internet service in the community. Initial Tower Locations: -Orange County EOC, 510 Meadowlands Dr., Hillsborough, NC 2 72 78 (tower location, details in Attachment 1) 5. Title and Quiet Possession. The County represents and agrees (a) that it is the owner of the sites, (b) that it has the right to enter into this agreement, (c) that the person signing this agreement has the authority to sign, (d) that Provider is entitled to access the sites on either an escorted basis, or independent basis, as determined by the County. Access includes inside any security fence or area throughout the terms of the agreement so long as Provider is not in default of this agreement. 6. Installation. In no event shall Provider pierce or drill into the exterior of a water tower. Provider agrees that it will provide the County a written proposal addressing the installation of antenna and that such proposal shall be approved by the County and their representative prior to installation. Each approved proposal will be added as an Attachment to this Tower Antenna Agreement. 7. Interference. Provider will resolve any technical problems with other equipment located at the sites on the installation date. 8. Maintenance of Area. Provider shall make no alterations to the tower or related facilities which will compromise or impair the integrity of the structure. Provider shall exercise special precaution to avoid damaging the facilities of the County, and Provider hereby assumes all responsibility for any and all loss or such damage created by Provider, its employees or agents. Provider agrees to make an immediate report to the County of any installation and maintenance of Provider's facilities. General tower maintenance (painting, etc.) is the responsibility of the County. The County shall not move, disconnect or adjust, in any way, Provider's equipment without giving reasonable opportunity for the supervision of a Provider representative on site. Provider acknowledges and agrees that it shall be responsible for moving or protecting its equipment during any repairs or renovations to the tower and the County shall incur no liability to Provider for any injury, expense, or claim incurred by Provider during any such repair or renovation. OC Tower Agreement 1.0 8 9. Indemnity. Provider shall carry insurance to indemnify, protect, and save harmless the County from any and all claims and demands for damages to property and injury to or death of persons, including payments made under any Workers' Compensation Laws, or under any plan for employee's disability and death benefits which may arise out of or be caused by the erection, maintenance, presence, use or removal of Provider antennas, cable, equipment and necessary appurtenances at the tower site. Provider shall also indemnify, protect, and save harmless the County from any and all claims and demands of whatsoever kind which may arise directly or indirectly from the operations of Provider's facilities, including by not limited to taxes, special charges by others, claims and demands for damages or less for infringement of copyrights, libel and slander, unauthorized use of frequencies, etc. 10. Termination. Either party may terminate this lease upon ten(10) days notice. 11. Hazardous Substance. Provider shall not introduce or use any such substance on the site in violation of any applicable law. Provider understands that if the County needs to remove the old paint and repaint the tower and the old paint contains sufficient levels of lead that it will require special handling and containment in its removal. Provider agrees to cooperate fully with the County in whatever steps are necessary for the removal of the old paint and the repainting of the tower. Provider agrees to hold the County harmless of any interruption of service or possible damage of their equipment during this process. 12. Miscellaneous. (a) This agreement applies to and binds the heirs, successors, executors, administrators and assigns of the parties to this agreement; (b) this agreement is governed by the laws of the State of North Carolina; (c) this agreement constitutes the entire agreement between the parties and supersedes all prior written and verbal agreements, representations, promises or understandings between the parties. Any amendments to this agreement must be in writing and executed by both parties; (d) if any provision of this agreement is invalid or unenforceable with respect to any party, the remainder of this agreement or the application of such provision to persons other than those as to whom it is held invalid or unenforceable will not be affected and each provision of this agreement will be valid and enforceable to the fullest extent permitted by law. 13. Waiver. The failure of the County to require compliance by the Provider with any provisions of this Agreement or the waiver by the County of any breach of this Agreement shall not constitute a waiver of any claim for damages by the County for any breach of this Agreement or a waiver of any other required compliance with this Agreement. 14. Limitation and Assignment. The County and the Provider each bind themselves, their successors, assigns and legal representatives to the terms of this Agreement. Neither the County nor the Provider shall assign or transfer its interest in this Agreement without the written consent of the other. 15. Dispute Resolution. Any and all suits or actions to enforce, interpret or seek damages with respect to any provision of, or the performance or non-performance of, this Agreement shall be brought in the General Court of Justice of North Carolina sitting in Orange County, North Carolina. It is agreed by the parties that no other court shall have jurisdiction or venue with respect to such suits or actions. Binding arbitration may not be initiated by either Party, however, the Parties may agree to nonbinding mediation of any dispute prior to the bringing of OC Tower Agreement 1.0 9 such suit or action. 16. Entire Agreement. This Agreement represents the entire and integrated agreement between the County and the Provider and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both parties. Modifications may be evidenced by facsimile signatures. 17. Severability. If any provision of this Agreement is held as a matter of law to be unenforceable, the remainder of this Agreement shall be valid and binding upon the Parties. 18. Insurance. Provider will maintain General Liability and Umbrella insurance coverage, a copy of which will be provided to the County. Provider will also maintain Workers Compensation Insurance, and will provide a copy of insurance to the County prior to performing any work. 19. Signatures. This Agreement together with any amendments or modifications may be executed electronically. All electronic signatures affixed hereto evidence the consent of the Parties to utilize electronic signatures and the intent of the Parties to comply with Article I IA and Article 40 of North Carolina General Statute Chapter 66. 20. Notices. Any notice required by this Agreement shall be in writing and delivered by certified or registered mail, return receipt requested to the following: Orange County Provider's Name Attention: P.O. Box 8181 Hillsborough,NC 27278 [SIGNATURE PAGE TO FOLLOW] 10 IN WITNESS WHEREOF, the Parties, by and through their authorized agents, have hereunder set their hands and seal, all as of the day and year first above written. ORANGE COUNTY: PROVIDER: By: By: County Manager Printed Name and Title 11 Attachment 1 Equipment Specifications Tower Name Orange County EOC Lat/Long or Address 510 Meadowlands Dr., Hillsborough NC 27278 Tower Owner Orange County NC Height on Tower requested (ft) 100 Cable attachment method Wire wrapped to leg of tower every 3 ft. Antenna attachment method A clamped standoff to an 8 ft mast Space needed at base of tower 3 ft by 3 ft NEMA outdoor enclosure Total Power draw at base of tower 200 watts Method of internet feed Fiber circuit from CenturyLink Facility access requested 240 Radio/Antenna Ubiquiti AF-11X for P2P Type 1: wireless backhaul Frequency 11 GHz Link to product spec sheet: https://dl.ubnt.com/datasheets/airfiber/airFiber AF-11FX DS.pdf Quantity for initial install 3 Weight per unit 5 lb Physical dimensions/unit 12.87 x 4.41 x 3.39" Power Draw 36W max Associated antenna for Type 1 Ubiquiti AF-11G35 Link to antenna spec https://dl.ubnt.com/datasheets/airfiber/airFiber AF-11G35 DS.pdf Quantity for initial install 3 Weight per unit 26.12 lb (including mount) Physical dimensions/unit 31.9 x 18.1" Wind load rating/unit 346 Ibf @125 mph Baicells NOVA R9 3.5GHZ 1W(BAND Radio Type 2: 42/43) Frequency 3.65 GHz Link to radio spec sheet: https://www.ispsupplies.com/core/media/media.nl?id=917297&c=393682&h=bldlf627bflddea534f7 Quantity for initial install 3 Weight per unit 8.8 Ibs Physical dimensions/unit 13"x 8 1/2"x 4 1/8" 12 Power Draw <65W Associated antenna for Alpha Wireless Omni Type 2 Antenna Link to antenna spec https://www.balticnetworks.com/docs/AW3089DataSheet-1.pdf Quantity for initial install 3 Weight per unit 13.2 (with mount) Physical dimensions/unit 37.3 x 6.6" Wind load rating/unit load 300N, max speed 125mph Radio Type 3 Ubiquiti Rocket 5GHz Frequency 5 GHz Link to radio spec sheet: https://dl.ubnt.com/datasheets/RocketAC/Rocket5ac DS.pdf Quantity for initial install 3 Weight per unit 8.81 oz Physical dimensions/unit 6.38 x 3.31 x 1.46" Power Draw 8.5W max Associated antennas for RF Elements Horn with https:Hrfelements.com/products/wireless-broadband/symmetrical-horn-gen2/symmetrical-horn-tp- Type 3 Adaptor antenna-2/ RF Elements TwistPort https://rfelements.com/products/wireless-broadband/twistport-adaptor-for-routerboard- Adaptor gen2/twistport-adaptor-2/ Link to antenna spec https://rfelements.com/assets/Uploads/HG3-TP-S30-Datasheet.pdf Quantity for initial install 3 Weight per unit 4.1 Ibs Physical dimensions/unit 13.6 x 8.6 x 11.2 in. Wind load rating/unit 44 N @ 100 mph IgniteNet Metrol-inq 60 Radio Type 4 PTMP Frequency Dual band 60 Ghz and 5 GHz Link to radio spec sheet: https://www.ignitenet.com/wireless-backhaul/ml-2.5g-60-bf-sector/ Quantity for initial install 1 Weight per unit 4.41 lb with mount Physical dimensions/unit 7.48 x 7.48 x 2.36 in. Wind load rating/unit max speed 125 mph Power Draw 48W max