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Backup Documents 05/25/2010 Item # 9GRESOLUTION NO. 2010- 117 A RESOLUTION OF COLLIER COUNTY, FLORIDA APPROVING PARTICIPATION IN THE FLORIDA RURAL BROADBAND ALLIANCE, LLC; DESIGNATING A REPRESENTATIVE TO SERVE ON THE BOARD OF GOVERNORS OF THE FLORIDA RURAL BROADBAND ALLIANCE, LLC; AUTHORIZING PREPARATION OF A LIST OF PROPOSED IN KIND ASSETS FOR AVAILABILITY TO THE FLORIDA RURAL BROADBAND ALLIANCE, LLC; AND / PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS FOLLOWS: SECTION 1. AUTHORITY FOR THE RESOLUTION. This Resolution is adopted pursuant to the provisions of section 125.01, Florida Statutes. SECTION 2. FINDINGS. Collier County, Florida (the "County "), does hereby find and determine that: (A) The expansion of broadband connectivity throughout Florida's rural communities will bring great benefits to the citizens of the County, including increased educational opportunities, expanded access to health care, improved public safety communications and responses and additional opportunities for economic development. (B) The Florida Rural Broadband Alliance, LLC ( "FRBA ") has been created through the cooperation of local governments, interested community members, and the Rural Economic Development Initiative ( "REDI ") agencies for the Northwest and South Central Florida Rural Areas of Critical Economic Concern ( "RACEC's ") in order to finance, operate, construct, and manage broadband infrastructure facilities within the Northwest Florida RACEC and South Central Florida RACEC regions, which area includes the County. (C) On March 26, 2010, FRBA submitted an application for federal broadband stimulus funding pursuant to the Broadband Technology Opportunities Program in the amount of $23,693,665 to fund the construction of broadband middle mile infrastructure networks to serve the Northwest and South Central Florida RACECs at a projected total cost of over $30,000,000. (D) Pursuant to Section 4.3 of the Operating Agreement of FRBA, each of the counties located within the FRBA service territory shall be entitled to appoint a representative to serve on the FRBA Board of Governors. (E) FRBA was notified on May 7, 2010, that its application has been approved for review in the second phase of the funding process, the due diligence phase. (F) In order to assist FRBAwith meeting its requirementto provide 30% matching funds for the proposed grant during the due diligence phase, each benefitting county is being asked to identify certain assets owned by the County which could be contributed as in kind assets. (G) The County's approval of this Resolution shall designate its Board representative, direct preparation of a list of proposed in kind assets and evidence its support and approval of the application of FRBA for federal broadband stimulus funding pursuant to the American Recovery and Reinvestment Act of 2009. SECTION 3. DESIGNATION OF FRBA BOARD OF GOVERNORS REPRESENTATIVES. The County Commission hereby appoints Penny Phillippi, as its Representative to act on the County's behalf on the FRBA Board of Governors. The County Commission hereby appoints Birgit Pauli -Haack as an Alternate to act on the County's behalf on the FRBA Board in the absence or unavailability of the designated Representative. If the Commission determines that it is no longer in the County's best interest to have a designated Representative seated on the FRBA Board, the County may elect to remove its Representative from the Board. Further, pursuant to the FRBA Operating Agreement, the County's failure to remain current in payment of REDI membership support fees may result in removal of its Representative from the Board. SECTION 4. PREPARATION OF LIST OF IN KIND ASSETS. The County Commission hereby directs County Staff to work with FRBA representatives to prepare a list of potential in kind assets owned by the County which may be employed in the deployment of the FRBA network within the region. Such assets would be encumbered through rights of use and access for FRBA upon approval by the County Commission for execution at a later date. SECTION 5. GENERAL AUTHORITY. The members of the County Commission and the officers, attorneys, and other agents or employees of the County are hereby authorized to do all acts and things required of them by this Resolution, or desirable or consistentwith the requirements hereof forthe full, punctual and complete performance of all the terms, covenants and agreements contained herein, and each employee, attorney and officer of the County is hereby authorized and directed to execute and deliver any and all papers and instruments and to do and cause to be done any and all acts and things necessary or proper for carrying out the transactions contemplated hereunder. SECTION 6. SEVERABILITY AND INVALID PROVISIONS. If any one or more of the covenants, agreements, or provisions contained herein shall be held contrary to any express provision of law or contrary to the policy of express law, though not expressly prohibited or against public policy, or shall for any reason whatsoever be held invalid, then such covenants, agreements or provisions shall be null and void and shall be deemed separable from the remaining covenants, agreements, or provisions and shall in no way affect the validity of any of the other provisions hereof. SECTION 7. EFFECTIVE DATE. This Resolution shall become effective immediately upon its adoption. Duly adopted this day of 2010. ATTEST: DWIGHT E. BROCK, CLERK Approved as to form and legal sufficiency: Jeffrey A. Klatzkow, County Attorney K BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: FRED W. COYLE, CHAIRMAN 9� MEMORANDUM Date: May 26, 2010 To: Ian Mitchell, Supervisor Executive Manager to the BCC From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Resolution 2010 -112: Designating a Representative to serve on the Board of Governors of the Florida Rural Broadband Alliance, LLC Attached for your records, is a copy of the document referenced above (Item #9G) adopted by the Board of County Commissioners May 25, 2010. If you have any questions, please call me at 252 -8411. Thank you. Attachment 9G RESOLUTION NO. 2010-112 A RESOLUTION OF COLLIER COUNTY, FLORIDA APPROVING PARTICIPATION IN THE FLORIDA RURAL BROADBAND ALLIANCE, LLC; DESIGNATING A REPRESENTATIVE TO SERVE ON THE BOARD OF GOVERNORS OF THE FLORIDA RURAL BROADBAND ALLIANCE, LLC; AUTHORIZING PREPARATION OF A LIST OF PROPOSED IN KIND ASSETS FOR AVAILABILITY TO THE FLORIDA RURAL BROADBAND ALLIANCE, LLC; AND PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS FOLLOWS: SECTION 1. AUTHORITY FOR THE RESOLUTION. This Resolution is adopted pursuant to the provisions of section 125.01, Florida Statutes. SECTION 2. FINDINGS. Collier County, Florida (the "County"), does hereby find and determine that: (A) The expansion of broadband connectivity throughout Florida's rural communities will bring great benefits to the citizens of the County, including increased educational opportunities, expanded access to health care, improved public safety communications and responses and additional opportunities for economic development. (B) The Florida Rural Broadband Alliance, LLC ( "FRBA ") has been created through the cooperation of local governments, interested community members, and the Rural Economic Development Initiative ( "REDI ") agencies for the Northwest and South Central Florida Rural Areas of Critical Economic Concern ( "RACEC's ") in order to finance, operate, construct, and manage broadband infrastructure facilities within the Northwest Florida RACEC and South Central Florida RACEC regions, which area includes the County. (C) On March 26, 2010, FRBA submitted an application for federal broadband stimulus funding pursuant to the Broadband Technology Opportunities Program in the amount of $23,693,665 to fund the construction of broadband middle mile infrastructure networks to serve the Northwest and South Central Florida RACECs at a projected total cost of over $30,000,000. (D) Pursuant to Section 4.3 of the Operating Agreement of FRBA, each of the counties located within the FRBA service territory shall be entitled to appoint a representative to serve on the FRBA Board of Governors. !gym (E) FRBA was notified on May 7, 2010, that its application has been approved for review in the second phase of the funding process, the due diligence phase. (F) In order to assist FRBA with meeting its requirement to provide 30% matching funds for the proposed grant during the due diligence phase, each benefitting county is being asked to identify certain assets owned by the County which could be contributed as in kind assets. (G) The County's approval of this Resolution shall designate its Board representative, direct preparation of a list of proposed in kind assets and evidence its support and approval of the application of FRBA for federal broadband stimulus funding pursuant to the American Recovery and Reinvestment Act of 2009. SECTION 3. DESIGNATION OF FRBA BOARD OF GOVERNORS REPRESENTATIVES. The County Commission hereby appoints Penny Phillippi, as its Representative to act on the County's behalf on the FRBA Board of Governors. The County Commission hereby appoints Birgit Pauli -Haack as an Alternate to act on the County's behalf on the FRBA Board in the absence or unavailability of the designated Representative. If the Commission determines that it is no longer in the County's best interest to have a designated Representative seated on the FRBA Board, the County may elect to remove its Representative from the Board. Further, pursuant to the FRBA Operating Agreement, the County's failure to remain current in payment of REDI membership support fees may result in removal of its Representative from the Board. SECTION 4. PREPARATION OF LIST OF IN KIND ASSETS. The County Commission hereby directs County Staff to work with FRBA representatives to prepare a list of potential in kind assets owned by the County which may be employed in the deployment of the FRBA network within the region. Such assets would be encumbered through rights of use and access for FRBA upon approval by the County Commission for execution at a later date. SECTION S. GENERAL AUTHORITY. The members of the County Commission and the officers, attorneys, and other agents or employees of the County are hereby authorized to do all acts and things required of them by this Resolution, or desirable or consistent with the requirements hereof for the full, punctual and complete performance of all the terms, covenants and agreements contained herein, and each employee, attorney and officer of the County is hereby authorized and directed to execute and deliver any and all papers and instruments and to do and cause to be done any and all acts and things necessary or proper for carrying out the transactions contemplated hereunder. SECTION 6. SEVERABILITY AND INVALID PROVISIONS. If any one or more of the covenants, agreements, or provisions contained herein shall be held contrary to any express provision of law or contrary to the policy of express law, though not expressly prohibited or against public policy, or shall for any reason whatsoever be held invalid, then 2 96 such covenants, agreements or provisions shall be null and void and shall be deemed separable from the remaining covenants, agreements, or provisions and shall in no way affect the validity of any of the other provisions hereof. SECTION 7. EFFECTIVE DATE. This Resolution shall become effective immediately upon its adoption. Duly adopted this day of 1%_, 2010. r - ATTEST: ,. DWIGHT�t',6900',, Ot'FRK A.2 anil� Ad as to m d legal sufficiency: Jeffrey A. Klatzkow, /County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: FRED W. COYLE, CHAIRMAN Item # t Agenda a �� Date Date 3 1 Deputy Clerk