HomeMy WebLinkAboutAgenda 12-02-19 Item 8-f - Proposed Tower Antenna Agreement with Open Broadband for Wireless Broadband Appurtenances on a County Facility 1
ORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: December 2, 2019
Action Agenda
Item No. 8-f
SUBJECT: Proposed Tower Antenna Agreement with Open Broadband for Wireless
Broadband Appurtenances on a County Facility
DEPARTMENT: Information Technologies
ATTACHMENT(S): INFORMATION CONTACT:
1. Proposed Tower Antenna Jim Northrup, Chief Information Officer,
Agreement with Equipment 919-245-2276
Specifications
2. Advertisement of Lease
PURPOSE: To authorize the Manager to sign the attached agreement thereby providing Open
Broadband, LLC with no cost access to a County facility for the purpose of appropriately
attaching equipment in order to provide broadband services to rural Orange County residents.
BACKGROUND: In Fiscal Year 2017-18 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 provide a flexible menu of retail services that offers
new or enhanced service to rural Orange County residents.
In Fiscal Year 2018-19 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 the firm to place communications equipment on a vertical asset owned
by Orange County, i.e., the communications tower at 720 Hawkins Road in Cedar Grove.
The agreement has a 24 month duration in an effort to co-term it with the larger Open
Broadband three-year pilot project currently underway. Prior to renewal, it, like the pilot, will be
re-evaluated for economic viability with no obligation for continued County support beyond the
provisions in the attached contract.
FINANCIAL IMPACT: While Open Broadband is assuming equipment and installation costs,
Orange County will be providing access to the vertical assets at no cost to the County for the
duration of the agreement. It should be noted that the Open Broadband equipment and
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installation cost ultimately are made possible by the initial broadband funding offered by the
County.
SOCIAL JUSTICE IMPACT: The following Orange County Social Justice Goals are applicable
to this item:
• 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 agreement 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.
ENVIRONMENTAL IMPACT: The following Orange County Environmental Responsibility Goal
impacts are applicable to this item:
• ENERGY EFFICIENCY AND WASTE REDUCTION
Initiate policies and programs that: 1) conserve energy; 2) reduce resource consumption;
3) increase the use of recycled and renewable resources; and 4) minimize waste stream
impacts on the environment.
While there may be no direct environmental impact associated with this discussion, this project
will be utilizing and existing structure thereby reducing resource consumption and reducing
eventual waste stream associated with building new structures.
• CLEAN OR AVOIDED TRANSPORTATION
Implement programs that monitor and improve local and regional air quality by: 1)
promoting public transportation options; 2) decreasing dependence on single-occupancy
vehicles, and 3) otherwise minimizing the need for travel.
This project should enable residents to reduce travel time by utilizing online resources such as
telemedicine and where possible eliminating the need for in person meetings for various
functions.
RECOMMENDATION(S): The Manager recommends that the Board authorize the Manager to
sign the attached agreement.
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[Departmental Use Only]
TITLE
FY
NORTH CAROLINA
TOWER ANTENNA AGREEMENT
ORANGE COUNTY
This Tower Antenna Agreement (hereinafter "Agreement"), made and entered into this
second day of December, 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 maintained
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
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3. Term. The term of this agreement (the "Initial Term") is two (2) 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 Government Communications Tower @ Cedar Grove Fire Department, 720
Hawkins Rd. Cedar Grove NC 27231 (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
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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
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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 Alan Fitzpatrick
Attention: County Manager Open Broadband, LLC
P.O. Box 8181 PO Box
Hillsborough,NC 27278 723Waxhaw,NC 28173
[SIGNATURE PAGE TO FOLLOW]
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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:
Bonnie Hammersley Alan Fitzpatrick
County Manager CEO, Open Broadband, LLC
Orange County
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Attachment 1
Equipment Specifications
Tower Name Orange County Communications Tower
Lat/Long or Address 720 Hawkins Rd. Cedar Grove NC 27231
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 Centuryl-ink
Facility access requested 247
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"
Power Draw <65W
9
Associated
antenna for Alpha Wireless Omni
Type 2 Antenna
Link to antenna spec https://www.baIticnetworks.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 SGHz
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-gent/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
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The News&Observer
NAND0421 Fayetteville Street,Suite 104
MEDIA COMPANY Raleigh.NC 27601
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AFFIDAVIT OF PUBLICATION
Account# Ad Number Identification PO Cols Lines
100356 0004432473 20 Hawkins Rd.Cedar Grove Communications Tower 1 29
STATE OF NORTH CAROLINA
Attention:
COUNTY OF WAKE
ORANGE COUNTY COMMISSIONER'S
PO BOX 8181 Before the undersigned,a Notary Public of
HILLSBOROUGH, NC 272788181 Johnston County,North Carolina,duly
commissioned and authorized to administer
--_____ _.-_--_.-.__-—---— oaths,affirmations,etc.,personally appeared
20 Hawkins Rd.Cedar Grove Communi- PAM OLENICZAK,who being duly sworn or
cations Tower-Open Broadband Lease
The Board of Orange County commis- affirmed,according to law,doth depose and
stoners intends to a lease space on the
following county-owned property: Com- say that he or she is Accounts Receivable
munications Tower located at 720 Haw-
kins Rd. Cedar Grove NC 27231 NC Specialist of the News&Observer Publishing
(PIN:9869230662). Company,a corporation organized and doing
The County intends to lease the property
to Open Broadband, LLC for a term of 2 business under the Laws of the State of
years. The lease will include an option
to renew annually for a period of s North Carolina,and publishing a newspaper
years. Open Broadband, LLC will pay
the County an annual rent of$0 dollars known as Durham Herald-Sun,Durham
and in consideration of an agreement to
provide service To unserved areas. All County and State aforesaid,the said
persons interested in this lease are invit-
ed to attend The meeting of the Board of newspaper In which such notice,paper,
Orange County Commissioners to be
held at the Richard E Whiffed Center lo- document,or legal advertisement was
cated at 300 W Tryon Street,
Hillsborough North Carolina on Monday published was,at the time of each and every
December 2, 2019 at 7:00pm. At that
time,the Board of Orange County Com- such publication,a newspaper meeting all of
missioners intends to authorize the lease
of the property described above. the requirements and qualifications of Section
H-5:October 24,2019 1-597 of the General Statutes of North
Carolina and was a qualified newspaper
within the meaning of Section 1-597 of the
General Statutes of North Carolina,and that
as such he or she makes this affidavit;and is
familiar with the books,files and business of
said corporation and by reference to the files
of said publication the attached advertisement
Insertion(s)
Published On:
October 24,2019
T/i%77/l ✓ :>7 f C(
PAM OLENICZAK,Accounts Receivable
Specialist
-b ,
Electronic Notary R`ublic
State of North Carolina
Sworn to and subscribed before me this
24th day of October,2019
My Commission Expires: 711012023
WENDY DAWSON
Notary Public
North Carolina
Johnston County