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 #
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Agenda
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Date
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3 1 Deputy Clerk