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Home My WebLink About20184149.tiffOtha 6-1'z(Iyo AMENDMENT TO INTERGOVERNMENTAL AGREEMENT FOR RADIO SITE AND MAINTENANCE OF THE TIMNATH RADIO TOWER BETWEEN WELD COUNTY AND TOWN OF WINDSOR This Amendment ("Amerdm ") is m de to the Intergovernmental Agreement for Radio Site and Maintenance of the Timnath Radio Tower ("IGA") this, (J day of 019, 2019, by and between the COUNTY OF WELD, COLORADO, by and through the Board of Weld County Commissioners ("Weld County"), and TOWN OF WINDSOR ("Police Department"). WHEREAS the parties entered Into the IGA, Identified by the Weld County Clerk to the Board of County Commissioners as document No. 2018-4149. approved on December 19, 2018. WHEREAS, after execution of the IGA, the parties determined that the Tower needs a structural upgrade prior to installation of some desirable equipment, and therefore the IGA needs to be amended to account for the cost of the upgrade. NOW THEREFORE, in consideration of the premises, the parties hereto agree as follows: • The parties agree to clarify section 2 by deleting the second sentence, and replacing it with the following: "The Police Department will pay to Weld County one-third of the cost for development of the site, $175,901.66, in equal annual installments over ten consecutive years, subject to the Police Department annually appropriating sufficient funding for each such Installment." • The parties agree to add a new section 2.1, as follows: 2.1. Structural Improvement. Weld County will cause the structural improvements described in Exhibit C to be completed, with an anticipated completion date within 2019. Police Department will pay to Weld County one-half of the cost of such structural Improvements, $19,998.36, In equal annual installments over ten consecutive years, on the same payment schedule as outlined in section 2 above, subject to Police Department appropriating sufficient funding for each such installment. This amount Is in addition to the payments made under section 2. • The Amendment, together with the IGA, constitutes the entire understanding between the parties. All other terms and conditions of the IGA remain unchanged. IN WITNESS WHEREOF, the parties hereto have duly executed the Agreement as of the day, month, and year first above written. TOWN OF WINDSOR: Krlstie Melendez, Mayor ATTEST: cker, Town Clerk BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Barbara Kirkmeyer, Chair ATTEST: Weld BY: f MAR C C 2319 TOWN OF WINDSOR RESOLUTION NO. 2019-15 A RESOLUTION APPROVING AN AMENDMENT TO AN INTERGOVERNMENTAL AGREEMENT FOR RADIO SITE AND MAINTENANCE OF THE TIMNATH RADIO TOWER BETWEEN WELD COUNTY AND THE TOWN OF WINDSOR, AND AUTHORIZING THE MAYOR TO EXECUTE SAME WHEREAS, the Town of Windsor ("Town") is a Colorado home rule municipality with all powers and authority provided by Colorado law; and WHEREAS, the Town and the County of Weld have a long history of cooperation in the areas of emergency response and law enforcement communication; and WHEREAS, in 2018, the Town and Weld County entered into an agreement for the location, construction and maintenance of a proposed new communications tower ("Original Agreement"), known to the parties as the "Timnath Tower"; and WHEREAS, since the approval of the Original Agreement, the Town and Weld County have negotiated clarifications and additional terms which have been captured in the attached Amendment to Intergovernmental Agreement for Radio Site and Maintenance of the Timnath Radio Tower Between Weld County and Town Of Windsor ("Amended Agreement"), incorporated herein by this reference; and WHEREAS, the Chief of Police has recommended approval of the Amended Agreement; and WHEREAS, the Town Board finds that the approval of the Amended Agreement promotes the public health, safety and welfare. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN BOARD OF THE TOWN OF WINDSOR, COLORADO, AS FOLLOWS: 1. The attached Amendment to Intergovernmental Agreement for Radio Site and Maintenance of the Timnath Radio Tower Between Weld County and Town Of Windsor is hereby approved. 2. The Mayor is authorized to execute the Amended Agreement on the Town's behalf. 3. The Town Attorney is authorized to make such modifications to the form of the Amended Agreement to promote the essential purposes of this Resolution. Upon motion duly made, seconded and carried, the foregoing Resolution was adopted this 25th day of February, 2019. TOWN OF WINDSOR, COLORADO ATT ST: z c er, Town Clerk 2 By: Kristie Melen ez, Mayor RESOLUTION RE: APPROVE INTERGOVERNMENTAL AGREEMENT FOR RADIO SITE AND MAINTENANCE OF TIMNATH RADIO TOWER AND AUTHORIZE CHAIR PRO-TEM TO SIGN - TOWN OF WINDSOR 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 Radio Site and Maintenance of Timnath Radio Tower between 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 Town of Windsor, commencing upon full execution of signatures, 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 Radio Site and Maintenance of Timnath Radio Tower between 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 Town of Windsor, be and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair Pro-Tem 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 19th day of December, A.D., 2018. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST:. J . ✓4,4 Weld County Clerk to the Board BY: APP County Attorney Date of signature: 2-11-: EXCUSED Steve Moreno, Chair AA rbara Kirkmeyer, Pr Mike Freeman CC• GM(tAW) 2/141n 2018-4149 CM0026 aoeiivi i D#g.sp-7 Weld County Regional Communications Center 1950 O Street GREELEY, CO 80632 Fax: 970-304-6501 WCRCC@WeldGov.com www.co.weld.co.us To: Board of County Commissioners From: Michael R Wallace The attached IGA with Windsor Police department and Windsor -Severance Fire Protection District is for the partnership for development of the Timnath Radio Tower V #2307 Windsor Police Department #2308 Windsor -Severance Fire Protection District. Michael R Wallace, ENP Weld County Director of Public Safety Communications 2018-4149 CHooaLD INTERGOVERNMENTAL AGREEMENT FOR RADIO SITE AND MAINTENANCE OF THE TIMNATH RADIO TOWER BETWEEN WELD COUNTY AND TOWN OF WINDSOR THIS AGREEMENT is made and entered into this / ay of 2018, by and between the COUNTY OF WELD, COLORADO, by and through the Weld County Board of Commissioners ("Weld County"), and TOWN OF WINDSOR ( "Police Department"). RECITALS WHEREAS, the parties, both have an interest in the development and maintenance of a radio site for the purpose of enhancing emergency response services; and WHEREAS, the parties have the authority to enter into agreements for the protection and preservation of the public health and as may be necessary for the acquisition of equipment, and for the provision of services; and WHEREAS, Weld County is authorized to enter into this Agreement pursuant to § 29-1- 203, C.R.S., Article II, § 2-3 of the Weld County Home Rule Charter; and WHEREAS, the Police Department is authorized to enter into this Agreement pursuant to Section 29-1-203, C.R.S, and the terms of its Home Rule Charter. NOW, THEREFORE, in consideration of the following mutual agreements and covenants, Weld County and the Police Department hereby agree as follows: 1. Agreement: The terms of this Agreement are outlined below, and are entered into in reliance upon the Motorola proposal which is attached hereto as Exhibit A. 2. Description of Radio Site development and Maintenance: Weld County will pay the initial cost of development of the Timnath Tower as an active Radio Site as generally described in Exhibit Ain the amount of $527,705.00. The Police Department will pay to Weld County one-third of the cost for development of the site in equal annual installments of $175,901.66 over ten consecutive years, subject to the Police Department annually appropriating sufficient funding for each such installment. Thus, assuming adequate funding is annually appropriated, the Police Department shall make payments each year beginning on the mutual execution of this Agreement, with the final installment due in 2028. The Police Department will tender payment on or before the 31' day of December of each payment year. In addition, the Police Department will to pay to Weld County one-third of the annual maintenance cost for the tower, subject to the Police Department annually appropriating sufficient funding for such maintenance cost. The base annual maintenance cost is presently $7,000.00. Thus, assuming adequate funding is annually appropriated, the Police Department will pay the annual maintenance 020/1- 6) assessments of $2,333.33. Should the maintenance cost increase, the Police Department will pay its one-third share of any such increase in addition to the base annual maintenance cost. If in the future, additional districts, municipalities, or other organizations utilize the Timnath Tower, each will be responsible for a proportional share of the maintenance fees. The County shall be responsible for the maintenance of the of the land for the Timnath Tower. The County is assuming full ownership of the Timnath Tower site and shall be responsible for all oversight and coordination of all construction and maintenance of said tower. 3. Term: The Agreement becomes effective upon mutual execution by the parties. The Agreement shall remain in force for ten (10) years. Upon the expiration of the ten (10) year period, the parties may elect to renew the contract through mutual agreement. 4. No Debt: It is hereby agreed and acknowledged by the parties that no provision of this Agreement shall be construed or interpreted as creating an indebtedness or a multiple fiscal year direct or indirect debt or other multiple -year financial obligation whatsoever of the Police Department within the meaning of any constitutional or statutory debt limitation provisions, including, without limitation, Article XI, Sections 1, 2, and 6, and Article X, Section 20 of the Colorado Constitution. The Police Department's payment obligations hereunder are expressly subject to annual appropriation and budgeting of funds. However, failure to appropriate the funds in a given year does not relieve the Police Department of the obligation to pay amounts due and owing under this Agreement in full as soon as funds are made legally -available. 5. Termination: Each party has the right to terminate this Agreement, with or without cause, upon ninety (90) days' written notice. Notwithstanding the preceding sentence, in the event that the Police Department fails to appropriate sufficient funds to satisfy its payment obligations under Section 2 of this Agreement, either party shall have the right to terminate this Agreement as of the end of the fiscal year in which sufficient funds have been appropriated and budgeted by the Police Department. In the event that funding is not appropriated in a given year, the Police Department agrees to seek appropriation of the additional funding necessary in subsequent years to pay the balance of any amounts due hereunder on schedule. The failure to appropriate funds in any given year does not relieve Windsor Police Department of the obligation to pay amounts due and owing under this Agreement in full upon legal availability of funds. If the agreement is terminated at any time, the Police Department is obligated to pay the remaining balance in full. 6. Modification: Any amendments or modifications to this Agreement shall be made in writing and signed by all parties. 2 7. Non -Liability: The parties agree that in no event shall Weld County be liable due to any stoppage, delay, or any impairment in the construction or operation of the Timnath Tower pursuant to this Agreement where such stoppage, delay, or impairment result from acts of God, fire, war, legal or equitable proceeding, or any other cause which is outside the control of the County. 8. Governmental Immunity: No portion of this Agreement shall be deemed a waiver, express or implied, of any immunities, rights, benefits, protections, or other provisions which a party, or its officers, employees, or agents, may possess pursuant to the Colorado Governmental Immunity Act § 24-10-101, et seq., C.R.S., as applicable now or hereafter amended. 9. Choice of Law/Venue/Compliance with Law: Colorado law, and rules and regulations established pursuant thereto, shall be applied in the interpretation, execution, and enforcement of this Agreement. Any provision included or incorporated herein by reference which conflicts with said laws, rules and/or regulations shall be null and void. The exclusive venue for any action regarding this Agreement shall be Weld County. In carrying out the terms of this Agreement, the parties agree to comply with any applicable federal, state, or local laws, rules, and regulations. 10. Severability: If any section, subsection, paragraph, sentence, clause or phrase of this Agreement is for any reason held or decided to be invalid or unconstitutional, such a decision shall not affect the validity of the remaining portions. The parties hereto declare that they would have entered into this Agreement and each and every section, subsection, paragraph, sentence, clause, and phrase thereof, irrespective of the fact that any one or more sections, subsections, paragraphs, sentences, clauses, or phrases might be declared to be unconstitutional or invalid. 11. Third Party Beneficiary Enforcement: It is expressly understood and agreed that the 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 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 entity other than the undersigned parties receiving services or benefits under this Agreement shall be an incidental beneficiary only. 3 12. Employee Financial Interest/Conflict of Interest: The signatories to this Agreement aver that to their knowledge, no employee, officer, or agent of any included party has any personal, beneficial interest whatsoever in the distribution of the funds that are the subject matter of this Agreement. No party's employee, officer, or their immediate family shall benefit financially from this Agreement or the distribution of the available funds. 13. Fund Availability: Nothing in this Agreement shall be construed to require the Weld County Board of County Commissioners or the Windsor Town Board to provide funding for any purpose under this Agreement that has not previously been budgeted. 14. Notice: Each party shall designate a representative, who shall make, within the scope of his or her authority, all necessary decisions with respect to this Agreement. This representative also shall serve as the contact point for communications regarding this Agreement. For purposes of communication necessary or required under this Agreement, the Police Department designates the Chief of Police to serve as its representative for all such communication. 15. Service/Coverage: It is expressly understood and agreed that Weld County shall continue to provide communications/dispatch service to the entire Police Department as it exists as of the date of execution of this Agreement. It is further expressly understood and agreed that upon completion of the Timnath Tower site, Weld County shall work with the radio contractor to ensure at least a 95% coverage band throughout the Police Department's jurisdictional coverage area, based on the coverage maps attached hereto as Exhibit B and incorporated herein by this reference. In the event the Police Department expand its coverage area, it shall negotiate with Weld County to provide communications/dispatch service to the expanded area. ��, ',,,,4 BOARD OF COUNTY COMMISSIONERS er tot a Bo. rd WE P COUNTY, COL G RADO ID, i Ilk /�'1 �P .�� ' Deputy Clerk to he Board 4 arbara Kirkmey: , Pro em DEC 19 2018 01O/1- -16/ ,4?(() TOWN OF WINDSOR By ti (141tIVAI Kristie Melendez, Mayor Date ATTEST: Eucker, Town Clerk Date 5 Exhibit A 6 QMOTOROLA CO Weld FRCC - Timnath - Portable w/ Speaker Mic - Round Trip VI 40' US 2137 Lij A uS 26' a t. US le, %g•walirCI • Roosevelt Notional Forest a a • f .f •r . . ktv- Legend 97% Area round trip Portablel Soapstone P►wrtt Natural Alto Strip • r '.: • ik I . ..4 - .x• 4 444 a fa - I Z5 72S Ode © OpenStreetMap contributors. &uthwn PIM( t us eS I cRn 141 Bt+ntort Form Airport Site !L ti �— NigAly�r ' fOltp. rtts.-_-/-M-11-31-c"Xia .95 � J+ t l IJS 34 SCR 56 USE am USES f S Crop At Vxorporenrd Airport 4. rotor* Volley new Aspen Hwy Fetts tor Report tteour Arport US \- u53 Wald . .C 0 5 1015krn Scale 1 : 615297 This map is a coverage estimate based upon currently known details and should be used for informational purposes only. A coverage map will be developed based on the installation and that map will be guaranteed. Solution: FRCC Workspace: Potential FRCC sites Design: Design 28 Timnath ASR Job ID: 8733825619.1.Design 28 Timnath ASR System version: 20170810.. N/A. 2.02.2 Printed: 9/22/2017 QMOTOROLA CO Weld FRCC - Timnath - Mobile - Round Trip © OpenStreetMap contributors. Roosevelt Notional Forest 4. Scale 1 : 615297 Legend 97% Area round trip Mobile1 This map is a coverage estimate based upon currently known details and should be used for informational purposes only. A coverage map will be developed based on the installation and that map will be guaranteed. Solution: FRCC Workspace: Potential FRCC sites Design: Design 28 Timnath ASR Job ID: 8733825619.1.Design 28 Timnath ASR System version: 20170810, N/A. 2.02.2 Printed: 9/22/2017 Exhibit B 7 TOWN OF WINDSOR RESOLUTION NO. 2018 - 96 A RESOLUTION APPROVING AND ADOPTING AN INTERGOVERNMENTAL AGREEMENT BETWEEN WELD COUNTY AND THE TOWN OF WINDSOR FOR THE RADIO SITE AND MAINTENANCE OF THE TIMNATH RADIO TOWER WHEREAS, the Town of Windsor ("Town") is a Colorado home rule municipality with all powers and authority vested by Colorado law; and WHEREAS, the Town and the Weld County have enjoyed a long history of cooperation and collaboration in providing emergency response services; and WHEREAS, pursuant to C.R.S. §§ 29-1-203 the Town and Weld County ("collectively referred to as the "Parties") desire to cooperate to establish and maintain a radio site and tower known as the Timnath Radio Tower ("Tower") , in order to improve emergency communications; and WHEREAS, this Intergovernmental Agreement ("IGA"), attached and incorporated herein by reference, was negotiated by the Parties and is intended to share costs and reimburse Weld County for its initial investment for the tower, with the Town committing to pay one- third (1/3) of the cost for development; and WHEREAS, C.R.S. §29-1-203 encourages and permits local governments to cooperate in the provision of any function or service lawfully authorized to each of the cooperating entities; and WHEREAS, the Town Board acknowledges that the development of this Tower and continued maintenance is essential to the provision of high quality and efficient emergency responses, and improve service and coverage within the Police Departments jurisdiction. NOW, THEREFORE, be it resolved by the Town Board for the Town of Windsor, Colorado, as follows: 1. The attached Intergovernmental Agreement between Weld County and the Town of Windsor for the Radio site and maintenance of the Timnath Radio Tower, is hereby approved and adopted. 2. The Mayor is hereby authorized to execute the attached Intergovernmental Agreement on behalf of the Town. Upon motion duly made, seconded and carried, the foregoing Resolution was adopted this 22nd day of October, 2018. ATTEST: al Eucker, T star .. TOWN OF WINDSOR, COLORADO 2 By: y Kristie Melendez, Mayor Hello