The URL can be used to link to this page

Browse Search

Home My WebLink About20060663.tiff RESOLUTION RE: APPROVE INTERGOVERNMENTAL AGREEMENT FOR CONDUIT SHARING AND AUTHORIZE CHAIR TO SIGN - CITY OF GREELEY WHEREAS,the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS,the Board has been presented with an Intergovernmental Agreement for Conduit Sharing between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County,and the City of Greeley,commencing upon full execution of said agreement, and ending March 8, 2016, with further terms and conditions being as stated in said agreement, and WHEREAS,after review,the Board deems it advisable to approve said agreement, a copy of which is attached hereto and incorporated herein by reference. NOW,THEREFORE,BE IT RESOLVED by the Board of County Commissioners of Weld County,Colorado,that the Intergovernmental Agreement for Conduit Sharing between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and the City of Greeley be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said agreement. The above and foregoing Resolution was,on motion duly made and seconded, adopted by the following vote on the 8th day of March, A.D., 2006. BOARD OF COUNTY COMMISSIONERS f� ELD COU , COLORADO ATTEST: gall ! 4./cJ �•+�� „ J eile, Chair Weld County Clerk to the B Rs �.�..� David E. Long, Pro-Tem BY: 6u 4c� ail /'}yc� _ D uty CI rk to the BoaCr �'� 'k William H. Jerke APP AS TO F EXCUSED Robert D. Masden C tyAttorney EXCUSED Glenn Vaad Date of signature: 3 Zzw(c 2006-0663 CM0016 ca ., pc CiPse INTERGOVERNMENTAL AGREEMENT FOR CONDUIT SHARING BETWEEN THE CITY OF GREELEY AND WELD COUNTY Ott THIS AGREEMENT is made and entered into effective as of the 0?—day of /)40 , 2006 between the COUNTY OF WELD, a Home Rule County, whose address is 915 10th Street, P. O. Box 758, Greeley, CO 80632, hereinafter referred to as Weld County, and the CITY OF GREELEY, a Home Rule City, whose address is 1000 10th Street, Greeley, CO 80631, hereinafter referred to as Greeley. The parties hereto, when referring to both, may also be referred to hereinafter as parties. Either party hereto may also be referred to as owner or party. RECITALS WHEREAS, the City of Greeley(the City) and Weld County(the County), have installed conduits with enough capacity to allow installation and placement of additional fiber optic cable (cable) within their respective conduit; and WHEREAS, the County currently has cable located in City conduits and has previously terminated this cable in City facilities; and WHEREAS, the City currently has cable in County conduits and has previously terminated this cable in County facilities; and WHEREAS, the City and County have a long standing, positive relationship of sharing conduits and cable resources; and WHEREAS, the parties desire to continue their cooperative relationship by allowing each party to access and use the conduits of the other party for placement of additional cable to enhance each parties communication network; and WHEREAS, it is in the best interests of the citizens of the City and County to enter into this Agreement; NOW THEREFORE, IN CONSIDERATION OF THE TERMS, CONDITIONS, COVENANTS AND AGREEMENTS CONTAINED HEREIN, THE ADEQUACY OF WHICH IS ACKNOWLEDGED BY AND BETWEEN THE PARTIES, THE PARTIES HERETO BARGAIN AND AGREE AS FOLLOWS: 1. Recitals. The foregoing recitals are incorporated herein by reference. 2006-0663 �7 2. Term of Agreement. The term of this Agreement shall be for ten (10) years, renewable upon the written consent and approval by the Greeley City Council and the Weld County Commissioners. The parties will meet, at a minimum, annually to determine how this Agreement is meeting the needs of both parties and whether to extend this Agreement at the appropriate time. 3. Cancellation. This Agreement maybe cancelled by either party upon one hundred eighty(180) days written notice to the other party. The owner of the cable within the canceling party's conduit shall remove their cables from the canceling party's conduit within the 180 day period following receipt of a notice of cancellation. Failure to remove said cables by the effective date of the cancellation shall be deemed an abandonment of said cables and shall result in ownership of said cables defaulting to the owner of the conduit. 4. Cable placement in Conduit. If the City desires to place cable in the County's conduits, the City shall request permission in writing. If there is sufficient space available in the conduit, the County will grant written permission to the City. Written permission must be obtained prior to accessing the conduit. If the County desires to place cable in the City's conduits, the County shall request permission in writing. If there is sufficient space available in the conduit, the City will grant written permission. Written permission must be obtained prior to accessing the conduit. The owner of the conduit shall determine, in its sole discretion, whether or not sufficient space is available in its conduit. Appendix 1 includes a list of some of the conduits currently shared within the City of Greeley, owned by the parties and identifies the owners of said conduit. Appendix 1 is attached for reference purposes only and does not prohibit the parties from sharing additional conduit not listed on Appendix 1. 5. Responsibility for Relocation and Damage to Conduit or Cable. A. If the owner of the cable desires to relocate a cable, the cost of relocating that cable is the responsibility of the owner of the cable. If the owner of a conduit desires to relocate a conduit, the cost of relocating that conduit is the responsibility of the owner of the conduit. The cost to relocate the cables within the relocated conduit is the responsibility of the owners of the cables. B. If a conduit or cable is damaged by a third party, the cost to the repair the conduit or cable is the responsibility of the owner of the conduit or cable that is damaged. Any recovery for damage to a conduit or cable from a third party is the property of the owner or the conduit or cable. C. If a conduit or cable owned by one party is damaged by the other party(or the other party's employees or agents), the party responsible for the damage shall be responsible for the repair and/or replacement of the conduit or cable. 6. Location of Service. Locating service will be the responsibility of the conduit owner. 7. Insurance and Waiver of Subrogation. Notwithstanding any other provision of this Agreement, neither party shall be liable to the other for any expense or damage resulting from a peril which can be insured against under the Colorado standard form of fire insurance policy with standard property coverage endorsement added. Each of the parties shall, at its own expense, carry its own insurance against such risks, and each party shall look only to its own insurance for indemnity against any such damage, and neither party shall have any interest in the other's insurance or proceeds thereof. 8. Default; Termination. If either party fails, refuses or neglects to perform any of the terms and conditions of this Agreement, the non-defaulting party shall give the defaulting party written notice of such default. If the defaulting party does not cure said default within sixty(60) days after notice is given (or if the default is of such a nature that it cannot be completely cured within such time, if the defaulting party does not commence the curing within sixty(60) days and thereafter proceed with reasonable diligence in good faith to cure the default), the non-defaulting party may terminate this Agreement by giving (10) days written notice to the defaulting party. The Agreement shall then terminate on the date specified in the notice, and the non-defaulting party shall be entitled to remove any personal property of the other party from its premises , and remove its personal property from the premises of the defaulting party, without any legal action. Failure to remove or retrieve property by the effective date of the default shall be deemed an abandonment of said property. 9. Release, Hold Harmless, Indemnification. Both the City and the County are public entities, as that term is defined pursuant to the Colorado Governmental Immunity Act, Colo. Rev. Stat. ' 24-10-101, et seq. The parties to this Agreement have the benefits and responsibilities enumerated in the Colorado Governmental Immunity Act. Each party shall defend any and all claims for injuries or damages pursuant to and in accordance with the requirements and limitations of the Colorado Governmental Immunity Act occurring as a result of negligent or intentional acts or omissions of the parties, their officers, agents, employees and assignees. In addition, the City shall be responsible for any and all liability for injuries or damages caused by any negligent acts or omissions of the City, its officers, employees, agents, and assignees performing functions or activities upon the property of the County. The City shall provide adequate workmen=s compensation insurance for all of its employees, agents and assigns engaged in activities and functions upon the property of the County or the City. The County shall be responsible for any and all liability for injuries or damages caused by any negligent acts or omissions of the County, its officers, employees, agents, and assignees performing functions or activities upon the property of the City. The County shall provide adequate workmen=s compensation insurance for all of its officers, employees, agents and assignees engaged in activities and functions upon the property of the City. Each party shall furnish the other party current certificates of insurance stating that the coverages outlined above are in full force and effect. 10. Notices. All notices or other communications hereunder shall be sufficiently given and shall be deemed given when personally delivered, or after the lapse of ten business days following mailing by certified mail, postage prepaid, addressed as follows: TO CITY: City of Greeley 1000 10th Street Greeley, Colorado 80631 ATTN: City Manager TO COUNTY: Weld County, Colorado Board of County Commissioners P.O. Box 758 Greeley, CO 80632 11. Additions and Modifications. The parties hereto agree that they shall cooperate with one another in making such additions and modifications to this Intergovernmental Agreement as may be necessary to effectuate its purposes. 12. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado with venue in Weld County. 13. Waiver. A waiver of a breach of any of the provisions of this Agreement shall not constitute waiver or a waiver of any subsequent breach of the same or another provision of this Agreement. 14. Effect of Invalidity/Severability. If any portion of this Agreement is finally held invalid or unenforceable by a court of competent jurisdiction as to either party or as to both parties, the parties agree to take such action(s) as may be necessary to achieve to the greatest degree possible the intent of the entirety of this Agreement. If any portion of any other paragraph of this Agreement is finally held invalid or unenforceable by a court of competent jurisdiction as to either party or as to both parties, such invalidity l ° or unenforceability shall not affect the other paragraphs of this Agreement, except that any corresponding right or obligation of the other party shall be deemed invalid. 15. Amendments. This Agreement maybe amended in writing only by the mutual agreement of the governing bodies of the parties hereto. 16. Reliance by the Parties. The City and the County understand that they each are relying upon all of the promises made by the other in this Agreement, and each agrees (I)not to assert to any court or other body the invalidity or unenforceability of any portion of this Agreement; (ii) to promptly notify the other party of any legal action which might affect this Agreement; (iii) to allow the other party to participate in such legal action as the other party deems appropriate; and (iv) to defend this Agreement in such legal action. 17. Binding Effect. The provisions of this Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and permitted assigns. 18. No Third Party Beneficiaries; No Waiver of Governmental Immunity. This Agreement shall not be deemed to have created any duty of care or liability with respect to any person or entity not a party hereto, nor shall it constitute a waiver of any privileges or immunities the parties or their officers or employees may possess pursuant to law. 19. Entire Agreement. This Agreement supersedes all agreements previously made between the parties relating to its subject matter. There are no other understandings or agreements between the parties. [THIS SPACE INTENTIONALLY LEFT BLANK] 9 ' DONE AND DATED AS FIRST WRITTEN ABOVE. ,N CITY OF GREELEY, COLORADO ATTEST: THE CITY OF GREELEY, COLORADO: By: By: City C rk Mayor APPROVED AS TO SUBS • NCE: APPROVED AS TO L GA►FORM: By: � ill��i�� BY /l City City tt, ey WEL D . TY, C RADO ��/��//) �(/�p� By: ATTEST: M��7/�G%bq Chair Geile la,unty Clerk to the Board Board of Commissioners By: ,1 k ,? i 1/4Z1 Ct (jCY 1 - 03/08/2006 Defuty erk to the )oard APPROVED AS TO LEGAL ._ By.Weld t A to e , �► �j� 361 ( NOUN \ (11 cc . cue APPENDIX 1 Conduit Description Conduit Owner 10th Ave from 10th St. North half way between 6th St and 5th St. City (West side of 10`h Ave across form Greeley Commons alley) West side of 10th Ave crossing 10th Ave through Greeley County Commons alley, East under alley to 9th Ave, then North on 9th Ave to pole just north of 5th St. (fiber becomes aerial at this point) Centennial Building garage East then South under 10th St. to City City Public Works Building. A St from 14th Ave B 11`h Ave City Centennial Building from Garage to third (3'1) floor County 14th Ave North to C St. North West to Community Building, City Through Community Building to Exhibition Building 13 CITY OF GREELEY, COLORADO RESOLUTION NO. 8,2006 A RESOLUTION OF THE GREELEY CITY COUNCIL AUTHORIZING THE MAYOR TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT TO ALLOW CITY OF GREELEY AND WELD COUNTY TO SHARE UNDEGROUND CONDUITS FOR THE PURPOSE OF PULLING FIBER OPTIC CABLE WHEREAS,the City of Greeley (the City) and Weld County(the County), have installed conduits with enough capacity to allow installation and placement of additional fiber optic cable(cable) within their respective conduit; and WHEREAS, the County currently has cable located in City conduits and has previously terminated this cable in City facilities; and WHEREAS, the City currently has cable in County conduits and has previously terminated this cable in County facilities; and WHEREAS, the City and County have a long standing,positive relationship of sharing conduits and cable resources; and WHEREAS, the parties desire to continue their cooperative relationship by allowing each party to access and use the conduits of the other party for placement of additional cable to enhance each parties communication network; and WHEREAS, it is in the best interests of the citizens of the City and County to enter into this Agreement; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GREELEY, COLORADO: 1. The Mayor is authorized to execute the IGA sharing of conduits between the City and the County. 2. This Resolution shall become effective immediately after its passage, as provided by the Greeley City Charter. PASSED,ADOPTED, SIGNED AND APPROVED THIS 21S1 DAY OF February, 2006. ATTEST THE CITY OF GREELEY,COLORADO k 4. 4-dnilhi By. ent-, t `— City Cle Mayor Hello