HomeMy WebLinkAbout20163429.tiffBY:
eputy Clerk to the Board
APP:: YEP AS TO
orney
teve Moreno
Date of signature: It / (
RESOLUTION
RE: APPROVE INTERGOVERNMENTAL AGREEMENT FOR FIBER OPTIC COPPER
CABLE AND CONDUIT SHARING AND AUTHORIZE CHAIR TO SIGN -CITY OF
GREELEY
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board has been presented with an Intergovernmental Agreement for
Fiber Optic Copper Cable and Conduit Sharing 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 Information Technology, and City of Greeley, commencing upon full execution and ending with
further terms and conditions being as stated in said Intergovernmental Agreement, and
WHEREAS, after review, the Board deems it advisable to approve said intergovernmental
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 Fiber Optic Copper Cable and
Conduit Sharing 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 Information Technology,
and 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 intergovernmental agreement.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 7th day of November, A.D., 2016.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTESd„ )
Mike Freeman, Chair
Weld County Clerk to the Board
Sean P. Conway, Pro -Tern
eel
CCI r--TCRR)
3/ tO! t'1
2016-3429
IT0005
UOArckJ (D -q91
MEMORANDUM
TO: Weld County BOCC October 31, 2016
FROM: Ryan Rose, Chief Information Officer
SUBJECT: Intergovernmental Agreement — City of Greeley / Weld County
In 2006, an IGA between the City of Greeley and Weld County was signed that outlined the
sharing of fiber optic cables and conduits. There are several areas across the City of Greeley
where fiber and conduit sharing is mutually beneficial for the city and the county. Weld County
IT and county legal have worked with the City of Greeley IT staff to perform a complete audit of
the infrastructure, document the infrastructure and update the language in the agreement. The
original agreement had a term of 10 years, thus we have taken the opportunity to update the
inventory and language within the agreement.
On September 1r IT and the BOCC reviewed the agreement in a work session. The
requested updates from the work session have been incorporated into the agreement and it is
ready to be signed. We respectfully ask the BOCC approve the IGA and authorize the chair to
sign.
2016-3429
��OOD�
INTERGOVERNMENTAL AGREEMENT FOR
FIBER OPTIC CABLE, COPPER CABLE and CONDUIT SHARING BETWEEN
THE CITY OF GREELEY AND WELD COUNTY
THIS AGREEMENT is made and entered into effective as of the day ofZ 1 2016 between
the COUNTY OF WELD, a Home Rule County. whose address is 915 10`"' Street, PO Box 758,
Greeley, CO 80632, and the CITY OF GREELEY, a Home Rule Municipality, whose address is 1000
10`x' Street, Greeley, CO 80631,. The parties hereto, when referring to both, may also be referred to
hereinafter as parties. Either party hereto may also be referred to as owner or party.
RECITALS
WHEREAS, the City of Greeley ("City") and Weld County ("County"), have installed conduits
with enough capacity to allow installation and placement of additional fiber optic cable ("cable") within
their respective conduits; and
WHEREAS, on March 8, 2006 County and City entered into an Intergovernmental Agreement
("2006 IGA") for Conduit Sharing which set forth the parties agreements as to the placement of cable
within conduits owned by the other party; and
WHEREAS, the 2006 IGA had a term of 10 years and therefore expired in March, 2016 and the
parties agree the 2006 IGA is of no force and effect at this time; and
WHEREAS, City and County have at times each authorized the other to use their cable; and
WHEREAS, the parties have conducted an audit of their respective conduit and cable and desire
to document the results of this audit in a new agreement to properly identify the shared conduit and cable;
and
WHEREAS, City and County have a long standing, positive relationship of sharing conduit and
cable; and
WHEREAS, the parties desire to continue their cooperative relationship by allowing each party to
access and use the existing cable and conduits of the other party to enhance each parties' communication
network; and
WI-IEREAS, it is in the best interests of the citizens of the City and County to enter into this
Agreement;
NOW THEREFORE, IN CONSIDERATION OF THE TERMS, CONDITIONS, COVENANTS
AND AGREEMENTS CONTAINED HEREIN, THE ADEQUACY OF WHICH IS ACKNOWLEDGED
BY AND BETWEEN THE PARTIES, THE PARTIES HERETO BARGAIN AND AGREE AS
FOLLOWS:
1. Recitals. The foregoing recitals are incorporated herein by reference.
Jo/6, • 3��9
?. Term of Agreement, The term of this Agreement shall be for five (5) years, subject to the
cancellation and termination provisions set forth herein. This Agreement shall be renewable for
additional five (5) year terms upon the written consent and approval by both parties. The parties will
meet, at a minimum, annually to determine how this Agreement is meeting the needs of both parties and
whether to extend this Agreement at the appropriate time.
3. Termination. This Agreement may be terminated by either party upon one hundred eighty (180)
days written notice to the other party. Within the 180 -day period following receipt of a notice of
cancellation both parties shall remove their cable from the other party's conduit. Failure to remove said
cables by the effective date of the cancellation shall be deemed an abandonment of said cables and shall
result in ownership of said cables defaulting to the owner of the conduit.
4. Existing Shared Conduit and Cable. Appendix I attached hereto and incorporated herein by
this reference, includes a list of the conduit and cables that are currently being shared by the parties
as determined by the parties' audit. If the parties share additional cable and conduit in the future,
Appendix I shall be amended and agreed to by the parties. The amended Appendix shall be
appropriately dated and labeled and shall become an additional fully incorporated Appendix to this
Agreement.
5. County's existing use of City's Conduit and Cable for Public Safety services.
A. The parties acknowledge that the City is the owner of 12 strands of cable which is
referred to by the parties as the "black tube" in the "ICG ring." The City hereby grants
the County the authority to utilize the black tube/ICG for Public Safety purposes to the
extent of the current use as shown on Appendix I. For purposes of this Agreement,
"Public Safety purposes" shall include, but is not limited to, the use by public safety
dispatch, Weld County Sheriff and public safety records.
B. County may not splice or relocate cable from the black tube/ICG ring without notifying
the City 60 days in advance, and obtaining the City's written permission, which
permission shall not be unreasonably withheld.
C. County shall be responsible for any damage caused to the black tubellCG ring and any
associated components caused by the County or the County's employees, agents,
contractors, and assigns, and County agrees to repair and/or replace the black
tube/ICC; ring as necessary due to damage caused by County, its employees, agents,
contractors and assigns.
6. ELtuipment Sharing- Requests.
A. If the City desires to place cable in the County's conduits, the City shall request
permission in writing. If there is sufficient space available in the conduit, the County
will grant written permission to the City. Written permission must be obtained prior
to accessing the conduit. If the County desires to place cable in the City's conduits,
the County shall request permission in writing. If there is sufficient space available
in the conduit, the City will grant written permission. Written permission must be
obtained prior to accessing the conduit. The owner of the conduit shall determine, in
its sole discretion, whether or not sufficient space is available in its conduit.
B. If the City desires to use cable owned by the County, the City shall request
permission in writing. The County will grant written permission to the City if it
believes the City's use of the County's cable is in the County's best interests.
Written permission must be obtained prior to accessing the cable. If the County
desires to use cable owned by the City, the County shall request permission in
writing. The City will grant written permission to the County if it believes the
County's use of the City's cable is in the City's best interests. Written permission
must be obtained prior to accessing the cable.
7. Responsibility for Relocation and Damage to Conduit or Cable.
A. If the owner of the cable desires to relocate a cable, the cost of relocating that cable
is the responsibility of the owner of the cable. If theowner of a conduit desires to
relocate a conduit, the cost of relocating that conduit is the responsibility of the
owner of the conduit. The cost torelocate the cables within the relocated conduit is
the responsibility of the owner of the cables.
B. If a conduit or cable is damaged by a third party, the cost to repair the conduit or
cable is the responsibility of the owner of the conduit or cable that is damaged. Any
recovery for damage to a conduit or cable from a third party is the property of the
owner or the conduit or cable.
C. If a conduit or cable owned by one party is damaged by the other party (or the other
party's employees or agents), the party responsible for the damage shall be responsible
for the repair and/or replacement of the conduit or cable.
8. Location of Service. Locating service will be the responsibility of the cable and/or conduit
owner.
9. Insurance and Waiver of Subrogation. Notwithstanding any other provision of this A-eement,
neither party shall be liable to the other for any expense or damage resulting from a peril which can be
insured against under the Colorado standard form of fire insurance policy with standard property
coverage endorsement added. Each of the parties shall, at its own expense, carry insurance against such
risks, and each party shall look only to its own insurance for indemnity against any such damage,and
neither party shall have any interest in the other's insurance or proceeds thereof
10. Default: Termination. If either party fails, refuses or neglects to perform any of the terms and
conditions of this Agreement, the non -defaulting party shall give the defaulting party written notice of
such default. If the defaulting party does not cure said default within sixty (60) days after notice is given
(or if the default is of such a nature that it cannot be completely cured within such time, if the defaulting
party does not commence the curing within sixty (60) days and thereafter proceed with reasonable
diligence in good faith to cure the default), the non -defaulting party may terminate this Agreement by
giving (10) days written notice to the defaulting party. The Agreement shall then terminate on the date
specified in the notice, and the non -defaulting party shall be entitled to remove any personal property of
the other party from its premises, and remove its personal property from the premises of the defaulting
party, without any legal action. Failure to remove or retrieve property by the effective date of the default
shall be deemed an abandonment of said property.
11. Release. Hold Harmless. Indemnification. Both the City and the County are public entities, as
that term is defined pursuant to the Colorado Governmental Immunity Act, Colo. Revised Statute 24-10-
101, et sue. The parties to this Agreement have the benefits and responsibilities enumerated in the
Colorado Governmental Immunity Act. Each party shall defend any and all claims for injuries or
damages pursuant to and in accordance with the requirements and limitations of the Colorado
Governmental Immunity Act occurring as a result of negligent or intentional acts or omissions of the
parties, their officers, agents, employees and assignees. In addition, the City shall be responsible for any
and all liability for injuries or damages caused by any negligent acts or omissions of the City, its officers,
employees, agents, and assignees performing functions or activities upon the property of the County. The
City shall provide adequate Workmen's Compensation insurance for all of its employees, agents and
assigns engaged in activities and functions upon the property of the County or the City. The County shall
be responsible for any and all liability for injuries or damages caused by any negligentacts or omissions
of the County, its officers, employees, agents, and assignees performing functions or activities upon the
property of the City. The County - shall provide adequate workmen's compensation insurance for all of
its officers, employees, agents and assignees engaged in activities and functions upon the property of the
City. Each party shall furnish the other party current certificates of insurance stating that the coverages
outlined above are in full force and effect.
12. Notices. All notices or other communications related to this Agreement shall be deemed given
when personally delivered, or after the lapse of ten business days following mailing by certified mail,
postage prepaid, addressed asfollows:
TO CITY:
City of Greeley
1000 10th Street
Greeley, Colorado 80631
ATTN: City Manager
TO COUNTY:
Weld County, Colorado
Board of County Commissioners
P.O. Box 758
Greeley, CO 80632
13. Additions and Modifications. The parties hereto agree that they shall cooperate with one another
in making such additions and modifications to thisIntergovernmental Agreement as may be necessary to
effectuate its purposes.
14. Governing Law. This Agreement shall be governed by and construed in accordance with the laws
of the State of Colorado with venue in Weld County.
15. Waiver. A waiver of a breach of any of the provisions of this Agreement shall not constitute
waiver or a waiver of any subsequent breach of the same or anotherprovision of this Agreement.
16. Effect of lnvaliditv/Severabih.ty. If any portion of this Agreement is finally held invalid or
unenforceable by a court of competent jurisdiction as to either party or as to both parties, the parties agree
to take such action(s) as may be necessary to achieve to the greatest degree possible the intent of the
entirety of this Agreement. If any portion of any other paragraph of this Agreement is finally held invalid
or unenforceable by a court of competent jurisdiction as to either party or as to both parties, such
invalidity or unenforceability shall not affect the other paragraphs of this Agreement, except that any
corresponding right or obligation of the other party shall be deemed invalid.
17. Amendments. This Agreement may be amended in writing only by the mutual agreement
of the governing bodies of the parties hereto.
18. Reliance by the Parties. The City and the County understand that they each are relying
upon all of the promises made by the other in this Agreement, and each agrees (I) not to assert to any
court or other body the invalidity or unenforceability of any portion of this Agreement; (ii) to
promptly notify the other party of any legal action which might affect this Agreement; (iii) to allow
the other party to participate in such legal action as the other party deems appropriate; and (iv) to
defend this Agreement in such legal action.
t 9. Counterparts. This Agreement may be executed in one or more copies or counterparts, each
of which when signed shall be an original, but all of which together shall constitute one instrument.
20. Binding Effect. The provisions of this Agreement shall be binding upon and inure to the
benefit of the parties hereto and their respective successors and permitted assigns.
21. Third Party Beneficiaries. It is expressly understood and agreed that the terms and
enforcement of the terms and conditions of this Agreement, and all rights of action relating to such
enforcement, are strictly reserved to the undersigned parties. Nothing in this Agreement shall give or
allow any claim or right or cause of action whatsoever by any other person not included in this
Agreement. It is the express intention of the undersigned parties that no person and/or entity, other
than the undersigned parties, receiving services or benefits under this Agreement shall be deemed any
more than an incidental beneficiary only.
22. Governmental Immunity. No term or condition of this Agreement shall be construed or
interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections and
limitations or the Colorado Governmental Immunity Act, C.R.S. §24-10-101 et seq., Colorado law as
now or hereafter amended and the City hereby expressly reserves the same.
23. Entire Agreement. This Agreement supersedes all agreements previously made between the
parties relating to its subject matter. There are no other understandings or agreements between the
parties.
CITY OF GREELEY, COLORADO:
By:
Mayor
APPROVED TOE kHfST
By:
City laGg
APPROVE' 1S TO LEGAL FORM:
By:
city Attdirne}, I)
WELD COUNTY, COLORADO:
By:
Chair
Board of Commissioners
APPROVED AS TO LEGAL FORM:
By:
AS TO AVAILABILITY OF FUNDS:
Weld County Attorney
By:
By:
Director of Finance
County Clerk to the Board
CITY OF GREELEY, COLORADO:
ATTEST:
By: By:
Mayor City Clerk
APPROVED AS TO SUBSTANCE: AS TO AVAILABILITY OF FUNDS:
By: By:
City Manager Director of Finance
APPROVED AS TO LEGAL FORM:
By:
City Attorney
WELD COUNTY, COLORADO:
By:
Chair, Mike FrelitglYi 0 7
Board of Commissioners
By:
County Clerk to the Board
Law Admin
l
12 Strands
35 Tower
To splice
box on
25th Ave
6 Strands 35th
to NJC
Splice box
12 strands
NJ to Law
Admin (Black
Label)
NJC
6 Strands
Print Shop to
NJC
12 strands
Print Shop to
CENT
,�r�tint Sho}�
35 ower
4 Strands 35
Tower to
Drug Task
Force
COG Fiber/ICG
35th Tower to Cent -12 Strands
I. 911 Viper Phones -1402-1551
2. 911 Viper Phones -1402-1551
3. WRC-35-SW1/WRC-Cent /WRC-Cent 4900 -SW I
4. WRC-35-SW I/WRC-Cent 4900 -SW 1
5.
6.
7. Weld-35-SWI/Weld-Cent-Nexus
8. Weld-35-SW1/Weld-Cent-Nexus
9. GPD DTF 7/WRC-Cent-OE 0/3
10. GPD DTF 8/WRC-Cent-OE 0/3
I1.
12.
35th Tower to NJC -6 Strands
1. ISP Connection WRC/Weld
2. ISP Connection WRC/Weld
3. 911 Viper Phones
4. 911 Viper Phones
5.
6.
35th to Drug Task Force -4 Strands
7. GPD DTF to Cent
8. GPD DTF to Cent
11.
12.
12 Strands
35 Tower to
CENT
Senior Center
ENT. �--f
City Public Works
6 Strands
Cent to Senior
Center — City
Public Works
1
Appendix
Print Shop to 35th Tower -6 Strands
2.
3. WRC x -connect to WRC-LA-49000/WRC-35-3750
4. WRC x -connect to WRC-LA-49000/WRC-35-3750
5.
6.
Print Shop to NJC -6 Strands
2.
3.
4.
5.
6.
Print Shop to Centennial -12 Strands
1
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
NJ -Law Admin (Black Label)
1.
3.
4.
5.
6.
7. GPD WRC-OE-1/3
8. GPD WRC-OE-1/3
9.
10.
11.
12.
*Note: All fiber that was
patched into the open slots was found to be dark
and have been removed.
COG Fiber
A ST to Island Grove- Exhibition Building.
Patch 6 Strands
3.
4.
5.
6.
County Fiber
CENT to Senior Center — City P.W. Patch Panel
— 6 Strands
31. City Public Works from Senior Center
32. City Public Works from Senior Center
33. City Records CCDC 19
34. City Records CCDC 20
35.
36.
A ST to Training Center- City EOC/Public
Safety 6 Strands
I . EOC
2.EOC
3.Public Safety redundant
4. Public Safety redundant
5.
6
Appendix 2
Weld Total on Greeley
•
co
to
43.16
Strands
tD
N
et
Greeley Total on Weld
N
tD
00
Ui
0.42
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cci
00
'i
N
Strands
N
N
Total - I
'7
N
N
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0.1 2
N
et
0.89 I 4
0.71 I 4 1
Use Distance (miles)
N
W
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N
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++
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C
O
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c.,
.,t o
35`h Ave Tower to Centennial
North Jail to Print Shop
Print Shop to GPD
35`h Ave Tower to Task Force
Print Shop to Centennial
Print Shop to 35th Tower
35th Tower to North Jail
IA St. to Island Grove
North Jail to Law Admin
O
i-
�Y t�
fit!
is
Training Center to North Jail I
Centennial to CCDC I
CCDC to Ambulance I
Ambulance to 1150
r-1
U1
Ill
O
u
o
Lr
rl
ri
Centennial to Senior Center
A St. to Senior Center
A St. to Training Center
ISum Total I
THE CITY OF GREELEY, COLORADO
RESOLUTION 4 , 2017
A RESOLUTION OF THE CITY OF GREELEY COUNCIL AUTHORIZING THE CITY TO
ENTER INTO AN INTERGOVERNMENTAL AGREEMENT FOR FIBER OPTIC CABLE
AND CONDUIT SHARING BETWEEN THE CITY OF GREELEY AND WELD COUNTY
WHEREAS, in accordance with C.R.S. § 29-1-203, governments may cooperate or
contract with one another to provide any function, service, or facility lawfully authorized to each
of the cooperating or contracting units of government; and
WHEREAS, the City of Greeley ("City") and Weld County ("County') have installed
conduits with enough capacity to allow installation and placement of additional fiber optic cable
("cable") within their respective conduits; and
WHEREAS, on March 8, 2006 County and City entered into an Intergovernmental
Agreement ("2006 IGA") for Conduit Sharing which set forth the parties agreements as to the
placement of cable within conduits owned by the other party; and
WHEREAS, the 2006 IGA had a term of 10 years and therefore expired in March, 2016,
and the parties agree the 2006 IGA is of no force and effect at this time; and
WHEREAS, the parties have conducted an audit of their respective conduit and cable and
desire to document the results of this audit in a new agreement to properly identify the shared
conduit and cable; and
WHEREAS, the parties desire to continue their cooperative relationship by allowing each
party to access and use the existing cable and conduits of the other party to enhance each parties'
communication network; 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 with Weld County for Fiber Optic Cable and Conduit Sharing, 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 17TH DAY OF
JANUARY, 2017.
ATTEST: THE CITY OF GREELEY, COLORADO
n
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City Cler
Mayor
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