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HomeMy WebLinkAbout20210962.tiffe_oni-rotc+ TO 530O BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW PASS -AROUND TITLE: Amended Grover Tower Agreement with NCARC DEPARTMENT: Emergency Management DATE: Sept 21, 2021 PERSON REQUESTING: Roy Rudisill Brief description of the problem/issue: Commissioners, attached is an amended equipment list for the Grover Tower Agreement with NCARC which is our Emergency Armature Radio Group. The agreement has not changed only the equipment that will be placed at the Tower. I have coordinated with Tina Powell and Walt Leslie on the review. Walt has Identified that there are no issues with adding the additional equipment. There is no cost to the County for the additional equipment. I'm requesting to add this amended equipment list to the BOCC agenda for approval, I believe since the BOCC has already approved the Agreement, and the only thing that is changing is adding some equipment this should be able to go on the consent agenda. What options exist for the Board? (include consequences, impacts, costs, etc. of options): Approve amended equipment list as stated. Request a work session for further discussion Deny the request. Recommendation: I believe this is a good project and supports our Emergency Communications in the northeast part of our County. Our Emergency Armature Radio Operators help us during severe weather and we depend on them to support us. Approve Recommendation Perry L. Buck Mike Freeman Scott K. James, Pro-Tem Steve Moreno, Chair Lori Saine Schedule Work Session Other/Comments: cam: eCo�k)-) WYId,0`*nriviolcu /a°2� Z0ZI-0cIU Z a\ -0O°1 AMENDMENT TO COMMUNICATIONS TOWER AND SITE LICENSE AGREEMENT This Amendment is made and entered into th Ig day of _Oct , 2021 by and between the Board of Weld County Commissioners, hereinafter referred to as the "Licensor", and Northern Colorado Amateur Radio Club (NCARC) and Amateur Radio Emergency Services (ARES), hereinafter referred to as the "Licensee". WHEREAS the parties entered into an Agreement identified by the Weld County Clerk to the Board of County Commissioners as document No. 20210952approved on April S, 2021. WHEREAS the parties hereby agree to amend the terms of the Agreement in accordance with the terms provided herein. NOW THEREFORE, the parties hereto covenant and agree that the Agreement shall be amended as follows: 1. Exhibit A in the Agreement shall be deleted and replaced with the new Exhibit A, which is attached hereto and incorporated herein. 2. All other terms and conditions of the Original Agreement remain unchanged. IN WITNESS WHEREOF, the parties hereto have duly executed this Amendment as of the day, month, and year first above written. LICENSEE NORTHERN COLORADO AMATEUR RADIO CLUB (NCARC) LICENSOR BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Steve Moreno. Chair (� 0CT 1 8 2021 ATTEST: Weld C, n Clerk to B.a.+ BY: 4) I f Deputy Clerk the Board /# otvo2/ COMMUNICATIONS TOWER AND SITE I,ICENSE AGREEMENT Exhibit A - 9/20/2021 Equipment to Be Installed Inside Licensor's Equipment Shelter • t Rack unit Ethernet Router • I Rack unit shelf to contain power up -conversion (12 volt to 24 volt DC) and Ethernet POE injectors. • 1 Rack unit DC power control unit • 3 Rack units - UHF Repeater (442=449 MHz) with attached "flatpack" duplexer • 1 Rack unit - Repeater controller interface • I Rack unit - Repeater. controller • Power Supply and emergency power batteries • Lightning /Surge suppression Device per Ethernet cable Equipment to Be Installed on Licensor's Tower • (1) 311 diameter 5ghz Dish with integrated 2 watt radio and snow Radome pointed West -South West (Buckhom mountain) • (1) 3ft diameter 5ghz Dish with integrated 2 Watt radio and snow Radom pointed East-SouthEast (Sterling) • (2) Outdoor rated Cats cables (used to power radios on Dish) • (2) Outdoor rated jacketed FiberOptic cable (Data to/from D • (1)12' fiberglass colinear antenna, mounted no higher than 20' above ground • (I) ruts of LDF4-50a 1/2" heliax feedline (through adequate lightning suppression) to antenna New Contract Request Entity Name* Entity ID* NORTHERN COLORADO AMATEUR W00043602 RADIO CLUB Contract Name* AMENDED GROVER TOWER AGREEMENT WITH NCARC Contract Status CTB REVIEW New Entity? Contract ID 5300 Contract Lead* GMARQUEZ Contract Lead Email gmarquezOco.weld.co.us Parent Contract ID Requires Rnard Approval YES Department Project # Contract Description* GROVER TOWER AGREEMENT WITH NCARC - AGREEMENT HAS NOT CHANGED ONLY THE EQUIPMEN THAT WILL BE PLACED AT THE TOWER. REFERENCE ORIGINAL CONTRACT ID 4593 Contract Description 2 Contract Type* AMENDMENT Amount* $0.00 Renewable* YES Automatic Renewal Department OEM Department Email CM-0EMO3reldgov.com Head Email CM-OEM- DeptHeadPweldgov.com County Attorney GENERAL COUNTY A I I ORNEY EMAIL County Attorney Email CM- COUNTYA I I ORNEY@WELDG OV.COM Requested BOCC Agenda Date* 10,20/2021 Due Date 10`16(2021 Will a work session with BOCC be required?* NO Does Contract require Purchasing Dept. to be included? If this is a renewal enter previous Contract ID If this is part of a MA enter MSA Contract ID Note: the Previous Contract Number- and Master Services Agreement Number should be left blank if those contracts are not in OnBase Contret Dates Effective Date Review Date* 08!31;2022 Renewal Date* 09,`28:''2022 Termination Notice Period Committed Delivery Date e Contact Information Purchasing Purchasing Approver CONSENT Approval Process Department Head ROY RUDISILL DH Approved Date 10/14/2021 Final Approval BOCC Approved BOCC Signed Crate BOCC Agenda Date 10/18/2021 Originator GMARQUEZ Purchasing Approved Date 10/14,x2021 Finance Appr CONSENT Finance Approved Date Legal Counsel CONSENT Legal Counsel Approved Date 10/14/2021 10'14/2021 Tyler Ref # AG 101821 RESOLUTION RE: APPROVE COMMUNICATIONS TOWER AND SITE LICENSE AGREEMENT FOR GROVER TOWER (62999 COUNTY ROAD 105, GROVER) AND AUTHORIZE CHAIR TO SIGN - NORTHERN COLORADO AMATEUR RADIO CLUB AND AMATEUR RADIO EMERGENCY SERVICES 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 a Communications Tower and Site License Agreement for the Grover Tower (62999 County Road 105, Grover) among the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Public Safety Communications and the Office of Emergency Management, the Northern Colorado Amateur Radio Club, and Amateur Radio Emergency Services, commencing upon full execution of signatures, with further terms and conditions being as stated in said license agreement, and WHEREAS, after review, the Board deems it advisable to approve said license 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 Communications Tower and Site License Agreement for the Grover Tower (62999 County Road 105, Grover) among the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Public Safety Communications and the Office of Emergency Management, the Northern Colorado Amateur Radio Club, and Amateur Radio Emergency Services, be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said license agreement. cc:OEK(RRi cN(m)) of-t/w/.2.1 2021-0962 CM0028 EM0019 COMMUNICATIONS TOWER AND SITE LEASE AGREEMENT FOR GROVER TOWER (62999 COUNTY ROAD 105, GROVER) - NORTHERN COLORADO AMATEUR RADIO CLUB AND AMATEUR RADIO EMERGENCY SERVICES PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 5th day of April, A.D., 2021. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: datifyi) G: jdo4 Weld County Clerk to the Board County Attorney Date of signature: O • 2021-0962 CM0028 EM0019 eeni-ract =p # ci159 3 BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW PASS -AROUND TITLE: Grover Tower Agreement DEPARTMENT: Emergency Management PERSON REQUESTING: Roy Rudisill DATE: March 23, 2021 Brief description of the problem/issue: Commissioners, attached is an agreement for your review with the Norther Colorado Amateur Radio Club. This agreement allows them to place radio equipment on the Grover tower to help with emergency communication typically related to severe weather reporting, you may know this as HAM Radio operations, this project is a part of a project we have been working on for several years. We have an agreement with the Weld County Amateur Radio Service Club for the LaSalle tower. The equipment on the Grover tower will allow the Emergency Management Office to communicate with Severe Weather Storm Spotters that are out in the Northeast part of the County during severe weather events. This equipment will also support radio communication from Larimer County to Logan County, this supports our Emergency Communications for Emergency Management and in the Emergency Operations Center. There is no cost to the County for the equipment. This project has been coordinated with Weld County Communications and the County Attorney's office as reviewed the agreement. I'm requesting approval to add this agreement to the BOCC agenda for signature to move forward and complete this portion of the project. What options exist for the Board? (include consequences, impacts, costs, etc. of options): Approve and schedule agreement for BOCC meeting for signature, schedule a work session if you have questions. Recommendation: Approve staff recommendation and schedule for BOCC meeting. Approve Recommendation Perry L Buck Mike Freeman Scott K. James, Pro-Tem Steve Moreno, Chair Lori Saine Schedule Work Session Other/Comments: 2021-0962 09 /(2)5 GM DO V 8' Eni00I9 COMMUNICATIONS TOWER AND SITE LICENSE AGREEMENT This AGREEMENT (hereinafter referred to as "LICENSE" or "Agreement") made and entered into this544-dayof Ateri I , aoa1, by and between the Board of Weld County Commissioners, on behalf of the Weld County Public Safety Communications Department, hereinafter referred to as the "Licensor", and Northern Colorado Amateur Radio Club ( NCARC) and Amateur Radio Emergency Services (ARES), hereinafter referred to as the "Licensee." WHEREAS Licensor is the current owner of a certain communications tower ("the Tower") located in Section 21, Township 11 North, Range 60 West, 62999 CR 105, Grover, CO, FCC Registration #1268467 (the "Site"). WHEREAS Licensee desires to license space on the Tower and on the Site, and Licensor agrees to grant Licensee to a non-exclusive, revocable license space on the Tower and Site, on certain terms and conditions. WHEREAS the parties desire to reduce the terms of their agreement to writing. NOW, THEREFORE, in consideration of the mutual covenants contained herein and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: AGREEMENT 1 RECITALS The above recitals are incorporated by reference, as though fully set forth herein. COMMUNICATIONS TOWER AND SITE LICENSE AGREEMENT 2 NON-EXCLUSIVE REVOCABLE LICENSE OF COMMUNICATIONS TOWER AND SITE 2.1 Licensor hereby grants permission to Licensee to install, maintain, and operate communications equipment as set forth on Exhibit A, attached hereto, and incorporated by reference, including but not limited to, antenna equipment, equipment housings, conduits, and other related apparatus on the Tower. The antenna equipment will be mounted at the lowest practicable height (but not to exceed 240 ft). Mounting locations will be at the discretion of the installer/ Weld County as long as the line of site to far end of each data link (documented in Exhibit A) is maintained. 2.2 The parties agree that Licensee may place Licensee's equipment as set forth on Exhibit A inside the Licensor's equipment shelter with approval of the size and placement of the equipment to be designated by Licensor. 3 RENTAL 3.1 Access pursuant to this agreement will be allowed on the Grover Tower (62999 CR 105, Grover, Colorado, for the Weld County Radio Society, without cost, only as allowed within Exhibit A and for the time period outlined in this agreement. 4 ACCESS Licensor shall provide Licensee with access only with an escort from Weld County Public Safety Wireless Communications during normal county business days/hours. Coordination for access will be made via telephone call at (970) 400-2888. 5 ELECTRICAL POWER There are existing electrical lines at the Site. 6 INSTALLATION 6.1 Licensee's communications equipment as specified in Exhibit A shall be installed by the Licensor at Licensor's expense utilizing a contractor hired by the Licensor. 6.2 All equipment provided by Licensee shall be installed in compliance with all applicable building and electrical codes and regulations of any government agencies having jurisdiction. COMMUNICATIONS TOWER AND SITE LICENSE AGREEMENT 6.3 All equipment installed by Licensee on Licensor's Tower shall be firmly anchored to the Tower structure. Electrical conduits and cables shall be attached to the Tower at intervals not to exceed four (4) feet. All tower fastening devices used by the contractor shall be made of stainless steel or galvanized to prevent rusting. 7 INTERFERENCE OR DAMAGE TO LICENSOR'S SYSTEM 7.1 If, for any reason except defects in Licensor's system not caused by Licensee, Licensee's installation and/or operation of its equipment or the equipment itself should interfere or cause interference with the operation of Licensor's or any other licensee's previously installed communications system located at the Tower, Licensee shall immediately cease operating its equipment until such interference is eliminated to Licensor's satisfaction. Licensee shall be responsible for the cost of any special engineering required in order for Licensee to eliminate any such interference by Licensee's equipment, If there is a conflict between Licensee and any other subsequent user, Licensor shall require the subsequent user to resolve the conflict. 7.2 Licensee shall be liable for any damages or problems incurred or sustained by Licensor to Licensor's facilities due to acts of Licensee, its agents, contractors, or representatives, as such acts relate to the installation, operation, maintenance, repair, or replacement of Licensee's equipment at Licensor's Tower site, or otherwise. 8 TOWER AND EQUIPMENT MAINTENANCE 8.1 Licensor shall be solely responsible for the performance of any routine, extraordinary, or emergency repairs or maintenance on Licensee's Tower. Licensee shall be solely responsible for the performance of any routine, extraordinary, or emergency repairs or maintenance on Licensor's Tower that are caused by or result from Licensee's use of Licensor's Tower. 8.2 Licensor shall be responsible for compliance with all regulations requiring painting and/or lighting of Licenser's Tower, including operation, maintenance and inspection of the Tower, lighting, and alarm systems. 8.3 Licensor shall have the right to make any reasonable changes, alterations or improvements to the Site, or any part thereof, so long as such reasonable changes, alterations or improvements do not interfere with Licensee's reasonable use of the premises licensed under this Agreement. If any change, alteration or improvement contemplated by Licensor will result in a disruption of service to Licensee, Licensor shall give notice to Licensee at least 30 days prior to the anticipated disruption. COMMUNICATIONS TOWER AND SITE LICENSE AGREEMENT 8.4 Licensee shall be solely responsible for the performance of any routine, extraordinary, or emergency repairs or maintenance on Licensee's equipment located at Licensor's Tower site. Licensee shall maintain its property in accordance with reasonable engineering standards to assure that at all times Licensee and its operation are in conformance with the requirements of the Federal Communications Commission and/or all other public authorities with jurisdiction over Licensee. 8.5 Licensee shall not create any waste or nuisance on the Tower or Site, or both, nor use the Tower or Site or both for any unlawful purpose. 8.6 Licensor shall not be liable to Licensee for any unintentional interruption of service of Licensee or for unintentional interference with the operation of the equipment and service of Licensee arising in any manner from use of the Tower or Site or both by Licensor or others. Licensor shall use its best efforts to resolve interference conflicts as soon as feasible to the end of restoring full service. Neither party to this Agreement shall be liable to the other for delays in delivery or failure to deliver or otherwise to perform any obligation under this Agreement, where such failure is due to any cause beyond its reasonable control, including but not limited to Acts of God, fires, strikes, war, flood, earthquakes or Governmental actions. 9 ENVIROMENTAL MATTERS 9.1 Licensee will be solely responsible for and will defend, indemnify and hold Licensor, its agents and employees harmless from and against any and all direct claims, costs and liabilities, including reasonable attorneys' fees and costs, arising out of or in connection with the cleanup or restoration of the property located at Licensor's Tower Site associated with the use of Hazardous Materials. 9.2 To the extent allowed by applicable law, Licensor will be solely responsible for and will defend, indemnify and hold Licensee, its agents and employees harmless from and against any and all direct claims, costs and liabilities, including reasonable attorneys' fees and costs, arising out of or in connection with the removal, cleanup or restoration of the property with respect to Hazardous Materials from any and all sources other than those Hazardous Materials introduced to the property by Licensee. 9.3 "Hazardous Materials" means asbestos or any hazardous substance, waste or materials as defined in any federal, state or local environmental or safety law or regulation including, but not limited to, CERCLA. COMMUNICATIONS TOWER AND SITE LICENSE AGREEMENT 9.4 The obligations of this Section 10 shall survive the expiration or other termination of this Agreement 10 NONEXCLUSIVE LICENSE Licensor shall have the right to license or lease other portions of its radio tower facility to other parties. Licensor shall not permit any subsequent licensee to interfere with the performance of Licensee's communication system, 10.1 . (intentionally omitted) 11 INDEMNITY 11,1 Licensor shall not be liable for, and, to the extent permitted by law, Licensee agrees to indemnify and hold Licensor harmless against any and all losses, expenses, claims, or causes of action of every kind and character on account of damages to or loss of any property, or on account of injury to or death of any person or persons directly or indirectly resulting from or arising out of Licensee's use of Licensor's Tower site. Licensee shall defend each claim asserted and suit brought involving any matter of which Licensor is indemnified hereunder, and shall pay all costs, expenses, and attorney fees incidental thereto, and all judgments resulting therefrom; and Licensor shall have the right at its option to participate in the defense of each suit or proceeding without relieving Licensee of any obligations hereunder; provided, however, that Licensee shall not be responsible for any duplicative costs or expenses, including attorneys' fees, that Licensor may incur if it participates in the defense of any such suit or claim. Notwithstanding the provisions stated herein, nothing in this License is intended as waiver by either party of governmental immunity rights pursuant to state or federal law. 11.2 Licensee, and all of Licensee's contractors or subcontractors, prior to the installation of any equipment, shall secure and maintain throughout the term of this license, general comprehensive liability insurance or be self -insured, in accordance with the Colorado Governmental Immunity Act, if applicable, for all claims that may be applicable to Licensee. Licensee shall also carry such insurance as will protect it from all claims under any Workers' Compensation laws in effect that may be applicable to Licensee. All insurance required hereunder shall remain in force for the entire term of this License Agreement. COMMUNICATIONS TOWER AND SITE LICENSE AGREEMENT 11.3 Except to the extent caused by Licensor's negligence or intentional misconduct, Licensee waives and relicenses Licensor, its employees, and agents from all claims for any loss, injury, death, or damage to persons, property, or to Licensee's business occasioned by theft, act of God, public enemy, injunction, riot, strike, insurrection, wars, court order, requisition, order of governmental body or authority, fire, explosion, falling objects, steam, rain, snow, water, leak or flow of water, or from breakage, leakage, obstruction, or other defects of the pipes, sprinklers, wires, appliances, plumbing, air conditioning, or lighting fixtures on the Site, or from construction, repair or alteration to the Site, or from any cause beyond Licensor's reasonable control. 12 Government Approval 12.1 Licensee shall be responsible for obtaining any permits or licenses required by government agencies, as such pertain to the installation, operation, maintenance, repair, replacement, or ownership of Licensee's equipment located at Licensor's Tower site, and Licensor shall, at Licensee's sole cost, reasonably cooperate with Licensee's efforts to obtain any such permits and licenses. 12.2 If, after execution of this License, Licensee is unable to continue to occupy Licensor's Tower site due to action of any government agency, or for other reasons, including damage to or destruction of the Tower or equipment building, this License may be canceled without obligation on the part of either party. 13 TERM OF LICENSE 13.1 This License shall be effective for one year, commencing upon the date Licensor executes this Agreement and shall be automatically renewable on an annual basis, for five years, unless sooner terminated by either party pursuant to the provisions hereinafter set forth. The parties acknowledge that Licensee would like for this License Agreement to continue for several years, although Licensor does not warrant or guarantee that this License Agreement will continue for any term beyond what is stated. The initial term will be for five years. 13.2 Licensor may terminate this license pursuant to the provisions of paragraph 14 herein, or by giving Licensee 180 days' written notice of its intention to terminate this License COMMUNICATIONS TOWER AND SITE LICENSE AGREEMENT 13.3 Licensee may terminate this license at any time by providing Licensor with notice of its intent to terminate at least 30 days in advance of the termination date. Upon termination, Licensee shall remove its equipment and material installed on Tower or at Site within 30 days after termination of this License, and shall leave Tower and Site in substantially the same condition as it existed prior to the date when Licensee installed its communications equipment, reasonable wear and tear excepted, If Licensee has not removed all of its equipment from the Site after the said 30 days, Licensor may, at its option, arrange for the equipment to be removed at Licensee's expense, or Licensor may, after giving 10 days' notice to Licensee, deem the antennae and/or other communications equipment to have been abandoned by Licensee, and the said antennae and/or other communications equipment shall then be deemed forfeited and shall become the property of Licensor. 14 COMPLIANCE WITH LAWS Licensor and Licensee agree to comply with the applicable provisions of all federal, state or local laws or ordinances and all lawful orders, rules, and regulations issued thereunder; and any provisions, representations or agreements, or contractual clauses required thereby to be included or incorporated by reference or operation of law in the Agreement. This Agreement shall be interpreted pursuant to the laws of the State of Colorado. 15 DEFAULT 15.1 If either party is in default under any of the terms and provisions contained herein, the non -defaulting party shall notify the defaulting party of the default. The defaulting party shall then have 15 days after such notice in which to cure any default. If any default is not capable of being cured within the requisite period of time, then so long as the party charged with the default has diligently pursued such cure of the default within the prescribed period, the defaulting party shall be given the necessary time to cure the default. COMMUNICATIONS TOWER AND SITE LICENSE AGREEMENT 15.2 If the defaulting party is Licensee, and the default continues after the period for cure passes, Licensor may, at its election and upon an additional 30 days' notice to Licensee, cancel and terminate this Agreement and, upon the expiration of the 30 days' notice to terminate, immediately re-enter and repossess the premises without being guilty of any manner or trespass or forcible entry or detainer. Upon repossession by Licensor pursuant to this paragraph 15.2, this Agreement shall be considered terminated and Licensee shall have 10 days after termination to remove its antennae and other communication equipment, after which Licensor, may, at its option, arrange for the antennae and/or other communications equipment to be removed at Licensee's expense, or Licensor may, after giving 10 days' notice to Licensee, deem the antennae and/or other communication equipment forfeited, and said antennae and/or other communications equipment shall become the property of Licensor. If the defaulting party is Licensor, and the default continues after the period for cure passes, Licensee may pursue all available legal remedies herein set forth, including arbitration. 15.3 No waiver of any default or breach of any one or more of the conditions or covenants of this Agreement by either party shall he deemed to imply or constitute a waiver of any succeeding or other breach thereunder. 16 NOTICES Any notice to be given under this Agreement shall either be hand delivered, with signed receipt, or mailed to the party to be notified at the address set forth herein, with signed receipt, until such time as written notice of a change is received from the party wishing to make a change of address. Any notice so mailed and any notice served by personal delivery shall be deemed delivered and effective upon receipt or upon attempted delivery. This method of notification will be used in all instances, except for emergency situations when immediate notification to the parties is required. Any demand or notice to either party may be given to the other party by addressing the written notice to: Licensor: Weld County Public Safety Communications 1551 N17th Ave, Suite#2 Greeley, Colorado 80631 Attn: Director of Public Safety Communications COMMUNICATIONS TOWER AND SI IL, LICENSE AGREEMENT Licensee: Northern Colorado Amateur Radio Club (NCARC) P.O. Box 272956 Fort Collins, CO 80527-2956 Attn: NCARC President, Joe Hawley Contacts: Joe Hawley, President 217 Lori Dr Loveland Co 80537 970-689-0828 James Cizek, Region Director (ARES) 2125 W County Road 14 Loveland, CO 80537 970-218-1315 17 ENTIRE AGREEMENT— MODIFICATION This Agreement contains the entire agreement and understanding between the parties to this Agreement and supersedes any other agreements concerning the subject matter of this transaction, whether oral or written. No modification, amendment, novation, renewal, or other alteration of or to this Agreement and the attached exhibits shall be deemed valid or of any force or effect whatsoever, unless mutually agreed upon in writing by the undersigned parties. 18 SEVERABILITY If any term or condition of this Agreement shall be held to be invalid, illegal, or unenforceable, this Agreement shall be construed and enforced without such a provision, to the extent this Agreement is then capable of execution within the original intent of the parties. COMMUNICATIONS TOWER AND SITE LICENSE AGREEMENT 19 NO THIRD PARTY ENFORCEMENT It is expressly understood and agreed that enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties, and nothing contained in this Agreement shall give or allow any claim or right of action whatsoever by any other person not included in this Agreement. It is the express intention of the undersigned parties, that any third parties receiving services or benefits under this Agreement shall be deemed an incidental beneficiary only. IN WITNESS WHEREOF, the parties hereto have executed this Agreement in duplicate originals on the dates shown below our respective signatures. Licensee: Northern Colorado Amateur Radio Club (NCARC) By: Joe Hawley Printed Name: Joe Hawley Title: President, Northern Colorado Amateur Radio Club z Date: L r L Licensor : .../// Weld County Public Safety Communications By: Name: Michael R Wallace, ENP CMCP Title: Director of Public Safety Communications COMMUNICATIONS TOWER AND SITE LICENSE AGREEMENT Date: Apr;I ( ATTEST: ddr,44) `• JC,1Bo•‘,k BOARD OF COUNTY COMMISSIONERS Weld . u ty Clerk to the :,oard WELD COUNTY, COLORADO BY Moreno, Chair APR 0 5 2021 COMMUNICATIONS TOWER AND SITE LICENSE AGREEMENT Exhibit _._Vti;tpl,' Equipment to Be Installed Inside Licensor's Equipment Shelter • 1 Rack unit Ethernet Router • I Rack unit shelf to contain power up -conversion (12 volt to 24 volt DC) and Ethernet POE injectors. • 1 Rack unit DC power control unit • Power Supply and emergency power batteries (if required) • Lightning /Surge suppression Device per Ethernet cable Equipment to Be Installed on Licensor's Tower • (1) 3ft diameter Sghz Dish with integrated 2 watt radio and snow Radome pointed West- SouthWest (Buckhorn mountain) • (1) 2ft diameter 5ghz Dish with integrated 2 Watt radio and snow Radome pointed East- SouthEast (Sterling) • (2) Outdoor rated Cats cables (used to power radios on Dish) • (2) Outdoor rated jacketed FiberOptic cable (Data to/from I) Httw ins��aa nre Ct� ouup. MEMORANDUM OF CLUB LIABILITY INSURANCE Coverage is provided in the: HANOVER INSURANCE COMPANY POLICY NUMBER POLICY PERIOD AGENCY CODE FROM TO RSC15638 11/1/2020 11/1/2021 AT 12:01 AIV1 STANDARD TIME AT YOUR MAILING ADDRESS SHOWN BELOW. NAMED INSURED AND MAILING ADDRESS AGENT Northern Colorado Amateur Radio Club 1221 Belleview Drive Fort Collins CO, 80526 RISK STRATEGIES COMPANY 333 W. WACKER DRIVE SUITE 1200 CHICAGO, IL 60606 Form of Business: AMERICAN RADIO RELAY LEAGUE- RADIO CLUB LIABILITY IN RETURN FOR THE PAYMENT OF THE PREMIUM, AND SUBJECT TO ALL THE TERMS OF THIS POLICY, WE AGREE WITH YOU TO PROVIDE THE INSURANCE AS STATED IN THIS POLICY. THIS POLICY CONSISTS OF THE FOLLOWING COVERAGE PART(S) FOR WHICH A PREMIUM IS INDICATED. THIS PREMIUM MAY BE SUBJECT TO ADJUSTMENT. PREMIUM Commercial Property Coverage Part $ Commercial General Liability Coverage Part $ 200.00 Commercial Crime Coverage Part $ Commercial Inland Marine Coverage Part $ Boiler and Machinery coverage part $ Commercial Auto Coverage Part $ PREMIUM The total premium of $ 200.00 is due at inception Form(s) and Endorsement(s) applicable to all Coverage Part(s) and made a part of this policy at time of issue: 401-1127 01/08, 401-1135 01/08, IL 0003 09/08, IL0017 11/98. IL0022 05/87, IL0140 11/05, IL0260 09/07, SIG1100 08/14 LIMITS OF INSURANCE General Aggregate Limit (Other Than Products Completed Operations) Products Completed Operations Aggregate Limit Personal and Advertising Injury Limit Each Occurrence Limit Fire Damage Limit (Any One Fire) Medical Expense Limit (Any One Person) $ 2,000,000 $ 2,000,000 $ 1,000,000 $ 1,000,000 $ 100,000 $ 10,000 THESE DECLARATIONS TOGETHER WITH THE COMMON POLICY CONDITIONS, COVERAGE PART COVERAGE FORM(S) AND FORMS AND ENDORSEMENTS, IF ANY, ISSUED TO FORM A PART THEREOF, COMPLETE THE ABOVE NUMBERED POLICY. Contract Farm New Contract Request Entity Information Entity Name* Entity ID* NORTHERN COLORADO AMATEUR O0043602 RADIO CLUB New Entity? Contract Name* Contract ID COMMUNICATIONS TOWER AND SITE LICENSE AGREEMENT 4593 Contract Status CTB REVIEW Contract Lead* G MARQU EZ Contract Lead Email gmarquezgco.weld.co.us Contract Description* LICENSEE DESIRES TO LICENSE SPACE ON THE TOWER AND ON THE SITE NEAR GROVER, CO Contract Description 2 Contract Type* AGREEMENT Amount* $0.00 Renewable * YES Automatic Renewal Grant ICA Department OEM Department Email CM -OEM` weldgov.com Department Head Email CM-OEM- DeptHeadAveldgov.com County Attorney GENERAL COUNTY ATTORNEY EMAIL County Attorney Email CM- COU NTYATTO RN EYIeWELDG OV.COM Requested ROCC Agenda Date* 03:29 2021 Parent Contract ID Requires Board Approval YES Department Project # Due Date 03.25;'2021 Will a work session with &KC be required?* NO Does Contract require Purchasing Dept. to be included? If this is a renewal enter previous Contract ID If this is part of a IttSA enter h+ISA Contract ID Note the Previous Contract Number and Master Services Agreement Number- should be left blank if those contracts are not in OnBase Contract Dates Effective Date Review Date* 01'31 2022 Renewal Date* 02:'28; 2022 Termination Notice Period Committed Delivery Date Expiration Date Contact Information Contact Info Contact Name Purchasing Purchasing Approver Approval Process Department Head ROY RUDISILL DH Approved Date 03?29/2021 Final Approval BOCC Approved BOCC Signed Date BOCC Agenda Date 04;05,=2021 Originator GMARQUEZ Contact Type Contact Email Finance Approver BARB CONNOLLY Contact Phone 1 Purchasing Approved Date Finance Approved Date 03.+30;2021 Tyler Ref #E AG 040521 Legal Counsel BOB CHOATE Contact Phone 2 Legal Counsel Approved Date 03 '30'2021 Hello