HomeMy WebLinkAbout20171710.tiffRESOLUTION
RE: APPROVE INTERGOVERNMENTAL AGREEMENT FOR USE OF COMMUNICATIONS
TOWER 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 Use
of Communications 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 City of Greeley, commencing June 5, 2017, and ending June 4, 2027,
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 Use of Communications 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 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 5th day of June, A.D., 2017.
BOARD OF COUNTY COMMISSIONERS
WELD COJ,INTY, COO DO
ATTEST:da4v 1,
Weld County Clerk to the Board
ounty Attorney
Date of signature: Co(lct/ 11
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Julie A. Cozad, Cha
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Sean P. Conway
2017-1710
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BOCC STAFF USE
Date Set: Time:
BOARD OF COUNTY COMMISSIONERS
WORK SESSION COVER LETTER
Department/Office: Public Safety Communications Wireless Date: 05-23-2017
Work Session Topic/Title: Radio Replacement Project
Person requesting work session:
Mike Wallace Extension: 2890
Has your commissioner coordinator/BOCC chair approved the work session?
X Yes, commissioner coordinator
Yes, BOCC chair
Recommended length of time needed for discussion:
X 15 minutes 20 minutes 30 minutes other (list)
In addition to yourself and the board, please list who should attend:
Don Warden, Bruce Barker, Frank Haug, Walt Leslie
Brief description of the issue: (please select one) ❑Informational only Action needed
Attached is an IGA with City of Greeley Transit Department in regards to utilization of
the "O" street tower for Transit communications by installing two Antennas to enhance
its bus radio communications on the Northeast side of Greeley and to Connect to Weld's
radio network for connectivity to 35th Ave. In exchange for the connectivity Greeley will
purchase 8 Juniper Network switches to the sum of 22,177.20
Note: by Greeley purchasing the Juniper Switches this allows Public Safety Wireless to
Convert "O" Street, 35th Ave, Greeley Water Tank, LaSalle, SW Weld, & Ft. Lupton
radio towers to a IP based backhaul system, per PS -Wireless design which was quoted by
Motorola for approx. 3 million dollars 3 years ago.
Options for the board:
Approve IGA for "O" Street Tower
Deny IGA for "O" Street Tower
Recommendation to the board:
Approve IGA for "O" Street Tower
BOARD CHAIR USE
Results/Outcomes:
THE CITY OF GREELEY, COLORADO
RESOLUTION 46 , 2017
A RESOLUTION OF THE CITY OF GREELEY COUNCIL
AUTHORIZING THE CITY TO ENTER INTO AN
INTERGOVERNMENTAL AGREEMENT FOR USE OF COMMUNICATIONS
TOWER ON O STREET BETWEEN WELD COUNTY AND THE CITY OF GREELEY
WHEREAS, as governmental entities in Colorado, parties are authorized, pursuant to
§ 29-1-203, C.R.S., to cooperate and contract with one another to provide any function, service
or facility lawfully authorized to each; and
WHEREAS, Weld County and the City of Greeley desire to enter into an agreement as
both parties have an interest in the use of a communications tower at 1150 O Street for the
purpose of enhancing public safety; 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, for
the provision of services, and for the operation of emergency services, pursuant to section 29-11-
102(1)(a); and
WHEREAS, the Greeley City Council Community Vision and Priorities include
providing a framework of public services and facilities that support a safe, pleasing and
successful community; and
WHEREAS, the City of Greeley has been working cooperatively with Weld County to
memorialize the parties understanding related to the City of Greeley's use of Weld County's
radio tower located at 1150 O Street in Greeley; and
WHEREAS, by virtue of this proposed Intergovernmental Agreement, Weld County will
authorize Greeley to install, maintain, and operate two antenna on the Tower communications
equipment; and
WHEREAS, the proposed Intergovernmental Agreement will insure adequate radio
coverage for City of Greeley Departments, including Police and Fire; and
WHEREAS, it is in the best interest of the citizens of the City of Greeley for Council to
enter into this Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF GREELEY, COLORADO:
Section 1. The City Council hereby authorizes the City to enter into an Intergovernmental
Agreement for Use of Communications Tower between Weld County and the City of Greeley, a
copy of which is attached hereto and incorporated herein as Exhibit A.
Section 2. City staff is hereby authorized to make changes and modifications to the
Agreement, so long as the substance of the Agreement remains unchanged.
Section 3. This Resolution shall become effective immediately upon its passage.
PASSED AND ADOPTED, SIGNED AND APPROVED THIS 16th day of May, 2017.
ATTEST:
THE CITY OF GREELEY, COLORADO
INTERGOVERNMENTAL AGREEMENT FOR USE OF COMMUNICATIONS TOWER BETWEEN
WELD COUNTY AND THE CITY OF GREELEY.
THIS AGREEMENT is made and entered into this day of , 2017, by and
between the COUNTY OF WELD, COLORADO, by and through the Weld ounty Board of Commissioners
(hereinafter "Weld"), and the City of Greeley (hereinafter "Greeley").
RECITALS
WHEREAS, the parties, both have an interest in the use of a communications tower at 1150 O Street for
the purpose of enhancing public safety; 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, for the provision of services, and for
the operation of emergency services, pursuant to section 29-11-102(1)(a); and
WHEREAS, as governmental entities in Colorado, the parties are authorized, pursuant to § 29-1-203,
C.R.S., to cooperate and contract with one another to provide any function, service or facility lawfully authorized
to each; and
WHEREAS, Weld County is authorized to enter into this Cooperative Agreement pursuant to 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 Greeley hereby agree as follows:
1. Agreement: The terms of this Agreement are outlined below. This Agreement and any addenda and
exhibits attached hereto or to be attached hereto, set forth all of the covenants, promises, agreements and
conditions between Weld County and Greeley and there are no other covenants, promises, agreements or
conditions, either oral or written, between them related to the subject covered by this Agreement.
2. Description of Communications Tower and Usage:
a. Weld County owns and operates a communications tower located at 1150 O Street, Greeley, CO
(hereinafter referred to as "Tower"). Weld County grants permission to Greeley to install,
maintain, and operate on the Tower communications equipment in the form of a two antenna, no
longer than eight feet in height.
b. This agreement is applicable only for this Tower. Should Greeley desire to acquire space from
Weld County on any other tower, a separate agreement or addendum to this Agreement, would be
required.
c. Weld County will be responsible for the general maintenance and operation of the Tower. This
includes compliance with any applicable regulations requiring painting, lighting, inspection, and
alarm systems.
d. Weld County will be responsible for providing sufficient utilities on site for the operation of the
Tower and for operation of all equipment on the Tower, including but not limited to Greeley's
equipment.
e. Weld County shall not be liable to Greeley for any unintentional interruption of service of
Greeley or for unintentional interference with the operation of the equipment and service of
Greeley arising in any manner from the use of the Tower or Tower site or both by Weld County.
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Weld County shall use its best efforts to resolve interference conflicts as soon as feasible to the
end of restoring full service.
f. Weld County shall provide Greeley with access to Tower and Tower site 24 hours per day, 7 days
per week, and 365 days per year for installation, maintenance and removal of Greeley's
equipment. Greeley shall secure all access gates and building locks when entering or leaving the
Tower site. Greeley agrees to permit only authorized employees of Greeley or persons under
Greeley's direct supervision to enter Tower site. Greeley will endeavor to provide Weld County
with 24 hour advance notice prior to requiring access to Greeley's equipment when possible.
Access will typically be during normal business hours. Exceptions may be required for
emergency service restoration and regular maintenance during non -peak usage times.
3. Installation: Installation of equipment and devices on the Tower, the following shall apply:
a. Prior to installation of any equipment or devices, Greeley shall provide Weld County with
industry standard site drawings detailing where Greeley proposes to locate its equipment and / or
antenna(s), and building. Weld County shall review Greeley's proposal and either approve or
specify the required changes within a reasonable time.
b. Greeley's communications equipment shall be installed at its sole expense in a professional
manner so as not to interfere with or cause problems to any of the equipment or devices of Weld
County or any equipment or devices of any other entity which is located on the Tower.
c. All equipment provided by Greeley shall be installed in compliance with all applicable building
and electrical codes, laws, rules, and regulations of any government agencies having jurisdiction.
d. All equipment installed by Greeley on Weld County'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 Greeley shall be made of stainless
steel or galvanized to prevent rusting.
e. Greeley shall maintain its property in accordance with reasonable engineering standards to assure
that at all times Greeley and its operation are in conformance with any applicable requirements of
the Federal Communications Commission and / or all other public authorities with jurisdiction
over Greeley.
f. Greeley will (1) operate and maintain Greeley's equipment in a safe and good condition, (2) keep
the premises free from trash, debris and waste resulting from the use thereof by Greeley, and (3)
repair all damage to the premises in connection with installation, maintenance and removal of
Greeley's equipment.
4. Network Connectivity:
Weld County has agreed to allow Greeley to connect to Weld County's network to make connection to
existing tower sites including, but not limited to, Weld County's 35th Avenue tower, Greeley's Zone 4
Water Tank tower, and Weld County's "O"Street tower. Additionally, Weld County has agreed to allow
Greeley to connect to Weld County's network to make connection to future tower sites located in Del
Camino, Fort Lupton, LaSalle and Niwot. In exchange for this right to connect to Weld County's
network, Greeley will reimburse Weld County for the purchase of eight (8) Juniper Network Switches in
the maximum total amount of $22,177.20. The Juniper Network Switches are Weld County assets and
will be supported and maintained by Weld County for the duration of the agreement. In addition, Weld
County agrees to allow Greeley to connect via an existing fiber pair from the 35th Avenue Tower to 35th
Avenue for the purpose of connectivity to Greeley's GPS System. See Attachment A which is attached
hereto and incorporated herein by this reference.
5. Interference or Damage to Weld County's System: Greeley shall be liable for any damages or
problems incurred or sustained by Weld County to its facilities due to acts of Greeley, its agents,
contractors, or representatives, relating to the installation, operation, maintenance, repair, replacement of
Greeley's equipment at the Tower site and on the Tower. Greeley shall ensure that Greeley's equipment
does not interfere with the operation of Weld County's improvements, or any other of Weld County's
previously installed communication equipment. In the event of discovered interference, Greeley shall
take immediate action as well as work closely with Weld County to resolve the cause of the interference.
Should it be determined that interference is a result of Greeley's equipment and cannot be corrected,
Weld County agrees to allow Greeley up to ninety (90) days to find a suitable replacement location.
Greeley shall not install or operate equipment that will interfere with existing public safety frequencies.
6. Term: This Agreement becomes effective upon full execution of the Agreement by the parties. This
agreement shall continue for a ten (10) year period. Upon the end of the ten (l 0) year period the parties
may elect to renew the contract for an additional ten (10) year period upon the same terms and conditions.
7. Termination: Each party has the right to terminate this agreement, with or without cause, upon ninety
(90) days written notice to the other party. Upon termination of the Agreement for any reason, Greeley
shall remove its equipment and material installed on the Tower or at the Tower site within sixty (60) days
after termination of this Agreement, and shall leave the Tower and the Tower site in substantially the
same condition as it existed prior to the date when Greeley installed its communications equipment.
8. Non -Exclusive Agreement: Weld County shall have the right to lease other portions of its Tower facility
to other parties. Greeley understands and acknowledges that Weld County may have leases with existing
tenants whose use of the Tower pre -dates this Agreement and may interfere with Weld County's
anticipated use of the Tower. Weld County will not permit any subsequent user to interfere with the
performance of Greeley's communication system, or to encroach upon the space located on the Tower
and at the Tower site specifically allocated to Greeley hereunder.
9. Assignment: Greeley may not assign or transfer this Agreement or any interest therein or claim
thereunder, without the prior written approval of County.
10. Insurance:
a. Greeley shall maintain in force during the term of this Agreement statutory Worker's
Compensation Insurance. As a Colorado Home Rule Municipality Greeley maintains permissible
self-insurance and shall provide documentation of such self-insurance to Weld County upon
request. Except to the extent caused by Weld County's gross negligence or intentional
misconduct, Greeley waives and releases Weld County, its employees, and agents from all claims
for any loss, injury, death, or damage to persons, property, or to Greeley'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, failing objects, steam, rain, snow, water,
leak or flow of water, or from any other place, or from breakage, leakage, obstruction, or other
defects of the pipes, sprinklers, wires, appliances, plumbing, air conditioning, or lighting fixtures
of the Building located on the Tower Site ("the Building"), or from construction, repair, or
alteration of the Building, or from any cause beyond Weld County's reasonable control.
11. Waste, Nuisance, hazardous Substance, or Unlawful Activity: Greeley shall not create any waste or
nuisance on or around the Tower site, and shall not use the Tower or the Tower site for any unlawful
purpose. Weld County represents that it has no knowledge of any substance, chemical or waste
(collectively, "substance") on the Tower site that is identified as hazardous, toxic or dangerous in any
applicable federal, state or local law regulation. Greeley shall not introduce or use any such substance on
the Tower site in violation of any applicable law.
12. Compliance with Laws: Weld County and Greeley 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 this Agreement.
13. Modification: Any amendments or modifications to this agreement shall be made in writing and signed
by all parties.
14. Non -Liability: The parties agree that in no event shall Weld County be liable due to any stoppage, delay,
or any impairment in the 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.
15. 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 either 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.
16. 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 in
Weld County, Colorado. All parties agree to comply with any applicable federal, state, or local laws,
rules, and regulations.
17. 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.
18. 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.
19. 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.
20. 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.
21. Fund Availability: Nothing in this Agreement shall be construed to require either the Weld County
Board of County Commissioners or the City of Greeley to provide funding for any purpose under this
Agreement that has not previously been budgeted and adequately appropriated.
22. Notice: 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, or by facsimile
with confirmation, 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
shall 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:
Weld County: Board of County Commissioners of Weld County, Colorado
P.O. Box 758, 1150 O Street
Greeley, CO 80632
Greeley:
City of Greeley, Colorado
ATTN: City Manager
1000 10`'' Street
Greeley, CO 80631
ATTEST: Sdiatell K�;1..k.
Weld . ugty
BY:
Clerk to the Board
Deputy Clerk to the Board
BOARD OF COUNTY COMMISSIONERS
WELD CO TY, COLORADO
GdU
Julie Cozad, Chair
JUN: 65 alp -
APPROVED AS TO SUBSTANCE:
6142.2,22.0hon,
Elected Official or Department Head
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THE CITY OF GREELEY, COLORADO
City Cle
APPROVED AS TO LEGAL FORM
By:.
City Attorney
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APPROVE• • S T • SUBSTANCE:
By:
Ci
AVAILABILITY OF FUNDS:
By:
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Dire . of Finance
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CITY COUNCIL
ACTION SIGNATURE
ROUTING SHEET
The attached was approved with
Resolution 410 , 2017.
Please sign and return to the City
Clerk's office to finalize. If this will not
be signed & returned immediately,
please call Jessica at x9741 for
tracking purposes.
PLEASE DO NOT FORWARD
FOR ADDITIONAL
SIGNATURES.
THANK YOU!
The City Clerk's Office is responsible for maintaining executed documents associated
with approved legislative action. The sponsoring department is responsible for
collecting 2nd party signatures. Your cooperation in making sure that this document
is returned to the City Clerk's Office is much appreciated!
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