Narrative of Resolution:
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Authorize Application for funding from the NYS ConnectALL Municipal Infrastructure Grant to support the Build-Out of High Speed Broadband Infrastructure in Sullivan County
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Purpose:
Sullivan County seeks to establish a network of reliable and affordable high-speed internet for its residents and businesses, with focus on those that are currently unserved or underserved. The Municipal Infrastructure Program offered by the New York State ConnectALL Office provides significant funding for buildout of the infrastructure necessary to establish access to this critical service. Working with Archtop Fiber Networks, LLC as a private partner, the County will serve as lead applicant, being an entity that is eligible to apply, with Archtop serving as a subrecipient to the grant.
Funding:
This Municipal Infrastructure Program application requires no local match. The County would seek $30 million in federal funding, via the NYS ConnectALL Office, to support broadband development.
RESOLUTION INTRODUCED BY THE EXECUTIVE COMMITTEE TO AUTHORIZE APPLICATION FOR FUNDING FROM THE NEW YORK STATE CONNECTALL MUNICIPAL INFRASTRUCTURE GRANT TO SUPPORT THE BUILD-OUT OF HIGH-SPEED BROADBAND INFRASTRUCTURE IN SULLIVAN COUNTY
WHEREAS, the U.S. Department of Treasury has awarded New York State $228.2 million through the American Rescue Plan’s Capital Fund Project to support New York’s program to promote municipal broadband network deployment through the NYS ConnectALL Office (“CAO”); and
WHEREAS, CAO has established the Municipal Infrastructure Program (“MIP”) to fund new last mile deployments to construct new fiber to the premises for thousands of properties statewide; and
WHEREAS, CAO is open to exploring a variety of partnership models and agreements to achieve this goal; and
WHEREAS, Sullivan County (the “County”) is an eligible applicant to the program, and the County has identified Archtop Fiber Networks, LLC (“Archtop”) as a willing and eligible private partner to serve as subrecipient; and
WHEREAS, the County wishes to pursue this funding opportunity to support a public-private partnership with Archtop for the purposes of installing fiber and wireless broadband infrastructure to provide low cost internet services to unserved and underserved County residents and businesses; and
WHEREAS, as the lead applicant, the County will maintain control of funding & reimbursement, general oversight, lead the quarterly performance reporting, be responsible for oversight and ownership of the installation of a portion of the broadband infrastructure, specifically the appurtenances to their tower infrastructure and distribution technology; and
WHEREAS, as subrecipient of the grant Archtop will be responsible for all engineering and network design, project management, permitting, network construction, and installation; and
WHEREAS, Archtop will operate the broadband network infrastructure, as preliminary tenant for the public purpose of serving customers. As the operating partner and tenant Archtop will perform all functions leading to the service of customers including installation, customer service, billing, network operation, network maintenance, and repairs; and
WHEREAS, the project as described meets the criteria of the MIP which has a maximum award amount of $30 million.
NOW, THEREFORE, BE IT RESOLVED, the Sullivan County Legislature hereby authorizes the County Manager, Chairman of the County Legislature, and/or their authorized representative (as required by the funding source) to execute any and all necessary documents to submit an application to the New York ConnectALL Office Municipal Infrastructure Program of up to $30 million to fund installation of fiber and wireless broadband infrastructure to provide low cost internet services to unserved and underserved County residents and businesses; and
BE IT FURTHER RESOLVED, that the Sullivan County Legislature hereby authorizes the
County Manager to execute any and all necessary documents to accept the grant award, should one be secured, in such form as the County Attorney shall approve; and
BE IT FURTHER RESOLVED, that the Sullivan County Legislature hereby authorizes the County Manager to execute any and all necessary agreements with Archtop Fiber Networks, LLC for the purpose of formalizing the relationship between Sullivan County as Lead Applicant and Archtop Fiber Networks, LLC as Subrecipient to the Municipal Infrastructure Program and to implement the project should funding be awarded; and
BE IT FURTHER RESOLVED, that should the funding be terminated, the County shall not be obligated to continue any action undertaken or contemplated to be undertaken for the use of this funding.
BE IT FURTHER RESOLVED, this contract in such a form shall be approved by the Sullivan County Attorney’s Office.
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