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Home My WebLink About20184150.tiffL9,Alyaci I Q#Z477 AMENDMENT TO INTERGOVERNMENTAL AGREEMENT FOR RADIO SITE AND MAINTENANCE OF THE TIMNATH RADIO TOWER BETWEEN WELD COUNTY AND WINDSOR -SEVERANCE FIRE PROTECTION DISTRICT This Amendment ("Amendment") is made to the Intergovernmental Agreement for Radio Site and Maintenance of the Timnath Radio Tower ("IGA") this 14 day of February 2019, by and between the COUNTY OF WELD, COLORADO, by and through the Board of Weld County Commissioners ("Weld County"), and WINDSOR -SEVERANCE FIRE PROTECTION DISTRICT ("Fire District"). WHEREAS the parties entered into the IGA, identified by the Weld County Clerk to the Board of County Commissioners as document No. 2018-4150, approved on November 15. 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 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. Fire District 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 Fire 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. WINDS f -SEVERANCE FIRE PROTECTION DISTRICT: a1 aui � Boa President —Jim Abbott Dat Secretary - Andrew Rosen BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORAD gAlubGt_ Barbara Kirkmeyer, Ch.ir ATTEST: Weld Co BY: Deputy Clerk to e Board MAR CC '2.019 Date ce. ) czx18-LIt�0 Exhibit C United Tower Service LLC 3620 W 10th St. Unit B PMB 411 Greeley, CO 80634 970-441-0362 troy@unitedtowerservice.com www.unitedtowerservice.com Estim ate Date Estimate # 11/26/2018 1699 Work Performed For: Name (Address Requsted by Walt Weld County Mike Wallace 1551 N 17th Ave, Greeley, CO 80631 Site Name Terms Timnath Net 30 Description Qty Rate Total Ridgeline will perform a structural analysis on the existing 4 -legged self-support communication tower at the Timnath site using mapping data collected by Centerline Solutions. Deliverable for this task will be a structural analysis report, under the seal of a Colorado Registered Professional Engineer, per the requirements of TIA-222-G for a Rigorous Structural Analysis. Note: Foundations are excluded from this scope of work; if the County can provide foundation drawings and a geotechnical report for this site, Ridgeline can analyze the foundations for an additional fee. Tower Mapping: Assuming the analysis in the previous task indicates that the existing tower can carry the loads from the proposed guyed tower, Ridgeline will perform a site visit, with UTS certified tower climbers, to determine how the new tower will be attached to the existing structure. Guyed Tower Construction Documents: Ridgeline will provide CDs for the construction of the new guyed communication tower, under the seal of a Colorado Registered Professional Engineer. 60tt Sabre guyed tower and hardware, new custom anchor points 3ft side mounts 4.5" dish mount Shipping charge Travel and Labor for 3 men to dismantle the old tower and lower to the ground. Install the new anchor points per the engineer. Build the new tower in place of the old Rohn 25. Plumb and tension the tower. Project Management Tower Truck Expense 1 1 3 1 1 60 10 520 10,250.00 11,772.00 550.00 852.10 1,286.55 215.00 100.00 0.55 10,250.00 11,772.00T 1,650.00T 852.10T 1,286.55 12,900.00 1,000.00 286.00 Signature P.O. No. Subtotal Sales Tax (0.0%) Total Phone # Fax# E-mail Web Site 970-441-0362 troy@unitedtowerservice.com unitedtowerservice.com Page 1 United Tower Service LLC 3620 W 10th St. Unit B PMB 411 Greeley, CO 80634 970-441-0362 troy@unitedtowerservice.com www.unitedtowerservice.com Estimate Date Estimate # 11/26/2018 1699 Work Performed For: Name / Address Requsted by Walt Weld County Mike Wallace 1551 N 17th Ave, Greeley, CO 80631 Site Name Terms Timnath Net 30 Description Qty Rate Total NOTE: This price does not include any fabrication work required after the engineering firm evaluated the current tower for the base where the new tower will set and the new anchor point location. Signature P.O. Subtotal $39,996.65 Sales Tax (0.0%) $000 No. Total $39,996.65 Phone # Fax # E-mail Web Site 970-441-0362 troy@unitedtowerservice.com unitedtowerservice.com Page 2 RESOLUTION RE: APPROVE INTERGOVERNMENTAL AGREEMENT FOR RADIO SITE AND MAINTENANCE OF TIMNATH RADIO TOWER AND AUTHORIZE CHAIR PRO-TEM TO SIGN - WINDSOR - SEVERANCE FIRE PROTECTION DISTRICT 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 Windsor - Severance Fire Protection District, 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 Windsor - Severance Fire Protection District 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.ade� G1 ;c1 Weld County Clerk to the Board BY: 1 Deputy Jerk to the Boar AP"' ED AS o inty A torney EXCUSED Date of signature: 2-tz- is Steve Moreno, Chair arbara Kirkmeyer, ro-Tem Tem Mike Freeman CC:CMCMw) 21+1;4 2018-4150 CM0026 Cordro„i yta.sPg' 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 #2307 Windsor Police Department #2308 Windsor -Severance Fire Protection District. Michael R Wallace, ENP Weld County Director of Public Safety Communications 2018-41W C tooau INTERGOVERNMENTAL AGREEMENT FOR RADIO SITE AND MAINTENANCE OF THE TIMNATH RADIO TOWER BETWEEN WELD COUNTY AND WINDSOR - SEVERANCE FIRE PROTECTION DISTRICT. THIS AGREEMENT is made and entered into this /s day of f)zxlem bell., 2018, by and between the COUNTY OF WELD, COLORADO, by and through the Weld County Board of Commissioners (hereinafter "Weld County"), and Windsor -Severance Fire Protection District (hereinafter "Fire District"). 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 and the Fire District are authorized to enter into this Agreement pursuant to § 29-1-203, C.R.S., and Article II, § 2-3 of the Weld County Home Rule Charter. NOW, THEREFORE, in consideration of the following mutual agreements and covenants, Weld County and the Fire District hereby agree as follows: 1. Agreement: The terms of this Agreement are outlined below, and include the Motorola proposal which is attached hereto as Exhibit A and hereby incorporated by reference. This is the entire agreement. 2. Description of Tower Construction and Maintenance: Weld County will pay the upfront cost of development of the Timnath Tower as an active Radio Site for $527,705.00. The Fire Department agrees to pay to Weld County one third of the cost of the site, $175,901.66, in equal installments over ten years, subject to the Fire District annually appropriating sufficient funding for such installments. Thus, assuming adequate funding has been annually appropriated, the Fire District agrees to make payments each year beginning on the execution of this agreement by both parties; with the final installment due in 2028. Included in this agreement is Guaranteed Radio Coverage see Exhibit B. The Fire District also agrees to pay to Weld County one third of the annual maintenance cost for the tower, subject to the Fire District annually appropriating sufficient funding for such maintenance cost. The annual maintenance cost is $7,000.00. Thus, assuming adequate funding has been annually appropriated, the Fire District agrees to pay one third of the annual maintenance ($2,333.33). Should the maintenance cost increase, that increase and cost shall be split evenly among the parties. If in the future, ,20/45._Afisz,6) additional districts, municipalities, or other organizations utilize the tower, each will be responsible for a proportional share of the maintenance fees. Weld County and Fire District shall share any recovered costs equally. The County shall be responsible for the maintenance of the of the land for the tower. The County is assuming full ownership of the radio 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 signature of the Weld County Board of County Commissioners. The agreement shall continue for ten (10) years. It may be reviewed annually by both parties. Upon the end 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 Fire District 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 Fire District'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 Fire District of the obligation to pay the loan amount in full as soon as possible. 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 Fire District 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 Fire District. hi the event that funding is not appropriated in a given year, Fire District agrees to seek the additional funding necessary in subsequent years to pay the balance of the loan off on schedule. The failure to appropriate funds in any given year does not relieve Fire District of the obligation to pay the loan amount in full. If the agreement is terminated at any time, Fire District 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. 7. Indemnity: To the extent permitted by law, each party agrees to indemnify, defend, and hold the other, its officers, employees, and agents, harmless from and against any and all claims, suits, expenses, damages, or any injury to persons, entities, or property arising from any and all acts, omissions, or failure to act during the provision of services by the County pursuant to this Agreement. 8. 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 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. 9. 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 seg., C.R.S., as applicable now or hereafter amended. 10. 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 proper venue for any action regarding this agreement shall be Weld County. All parties agree to comply with any applicable federal, state, or local laws, rules, and regulations. 11. 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. 12. 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. 13. Confidentiality: Each party agrees to abide by the terms of C.R.S. 24-72-201, et seq. Each party shall be responsible for protecting the confidential information of its citizens, and shall follow commonly accepted procedures and standards for maintaining such confidentiality. 14. 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. 15. Fund Availability: Nothing in this Agreement shall be construed to require the Weld County Board of County Commissioners to provide funding for any purpose under this Agreement that has not previously been budgeted. 16. 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. 17. Service/Coverage: It is expressly understood and agreed that Weld County shall continue to provide communications/dispatch service to the entire Fire District as it exists as of the date of execution of this agreement. It is further expressly understood and agreed that upon completion of the tower, Weld County shall work with the tower contractor to ensure a 95% coverage band throughout the Fire District, based on the coverage maps attached hereto as Exhibit B and incorporated herein by this reference. In the event the Fire District expands its coverage area, it shall negotiate with Weld County to provide communications/dispatch service to the expanded area. ATTEST: deroco)v• �CLtD�� Weld • t Cle _ to the : • and BY: Deputy Clerk to the Boar BOARD OF COUNTY COMMISSIONERS WF► D COUNTY, CQLORADO Barbara Kirkmdyer, Pro1Tem WINDSOR SEVERANCE PROTECTION DISTRICT By to D and President Secretary 1,_ i -JS Date (SEAL) DEC 19 2018 02o/F- 4/ 51)(9 MOTOROLA Exhibit B CO_Weld FRCC - Timnath - Mobile - Round Trip © OpenStreetMap contributors. S '41$ Ca,, Timnath Site Legend 97% Area round trip Mobilel w w Wad .ns C 0 5 1015km 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 October 1, 2018 Job ID: 8733825619.1 Design 28 Timnath ASR Workspace: Potential FRCC sites Design: Design 28 Timnath ASR System version 20170810, N/A 2 02 2 Printed: 9/22/2017 MOTOROLA Exhibit B CO Weld FRCC - Timnath - Portable w/ Speaker Mic - Round Trip a 0A 'o1 e • h1 • © OpenStreetMap contributors r a 19 •t Soo * Orr SOICf • Corti Woos ono '► air 4 lone Sec ash . • V. • f • . S.' . • w. - I 4: Legend 97% Area round_trip Portablel • iaq 4 t�qt a A WS J•f • I, i 1S j n • t t S • ••••••l ••'• at IV V1 t C. h n ♦1 a n -• 17 th Site 's 4 Sw'I o t1 IS • kit h a it n• I • g Aar j •as S. Z NN N M $ IA Y d 0 5 1015km 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 October 1, 2018 Job ID: 8733825619.1.Design 28 Timnath ASR Workspace: Potential FRCC sites Design: Design 28 Timnath ASR System version 20170810, N/A, 2 02 2 Printed 9/22/2017 Hello