HomeMy WebLinkAbout20152179.tiff RESOLUTION
RE: APPROVE INTERGOVERNMENTAL AGREEMENT FOR USE OF COMMUNICATION
TOWER (2760 131ST AVENUE) 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 a Intergovernmental Agreement for use
of Communication Tower (2760 131st Avenue) 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 City of Greeley, commencing July 20, 2015, and ending
July 20, 2025, 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 Communication Tower(2760
131st Avenue) 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 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 20th day of July, A.D., 2015.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, CO ORADO
ATTEST: C ��et J �C � ��G�
G/ arbara Kirkmeyer, Chair
Weld County Clerk to the Board
/� n u'I Mike Freeman, Pro-Tem
BY: ( seu (2 7 0.54.)A
Deputy Clerk to th Board J�� •
L Sean P. Conway ( )-
APPRO AS T•
. . • 361 1` 41° . Cozad
... ,� ey
/ � teve Moreno,
Date of signature: gh ®U N
• 2015-2179
CC: Cmw� 8/j7 CM0024
LT•�t, �" "' Weld County Regional Communications Center
1950 O Street
GREELEY, CO 80632
Fax: 970-304-6501
r• r WCRCC@WeldGov.com
www,co,weld,co.us
To: Board of County Commissioners
From: Michael R Wallace
This is in reference to our work session on July 8th at 1:30pm. The attached IGA's are for the
following;
1) IGA for Joint Mutual Assistance with ADCOM_ Inc. This agreement will set the
processes for sharing personnel resources in emergency situations.
—IA. 2) IGA for Communications Tower between City of,Gre. eleyand Weld County for West
Water Tank located at 2760 131° Ave,in 'Greeley ' the County to have and
maintain a simulcast site at this location aftro"cost x. ..
3)1 unication •-'0,,r between Weld County and the CI • ley for 3105
'poG - a owing the City to have and maintain a Public •' ' adio site
a ,i'irlocati` t no cost.
Michael R Wallace, ENP
Weld County Director of Public Safety Communications
2015-2179
INTERGOVERNMENTAL AGREEMENT FOR USE OF COMMUNICATIONS TOWER BETWEEN
THE CITY OF GREELEY AND WELD COUNTY.
THIS AGREEMENT is made and entered into this au/ day of dttL-t( ,2015,by and
between the COUNTY OF WELD,COLORADO,by and through the Weld County 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 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)
WHEREAS,Greeley and Weld County are authorized to enter into this Agreement pursuant to §29-1-
203,C.R.S.,Article II, § 2-3 of the Greeley Home Rule Charter,
NOW,THEREFORE,in consideration of the following mutual agreements and covenants, Greeley and
Weld County 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. Greeley owns and operates a communications tower located at Zone 4 Water Tower 2760 131St
Ave, Greeley CO(hereinafter referred to as"Tower"). Greeley grants permission to Weld
County to install,maintain,and operate on the Tower communications equipment for public
safety communications.
b. This agreement is applicable only for this Tower. Should Weld County desire to acquire space
from Greeley on any other tower,a separate agreement or addendum to this Agreement,would be
required.
c. Greeley 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. Greeley 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 Weld County's
equipment.
e. Greeley shall not be liable to Weld County for any unintentional interruption of service of Weld
County or for unintentional interference with the operation of the equipment and service of Weld
County arising in any manner from the use of the Tower or Tower site or both by Greeley.
Greeley shall use its best efforts to resolve interference conflicts as soon as feasible to the end of
restoring full service:
f. Greeley shall provide Weld County 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 Weld County's
equipment.Weld County shall secure all access gates and building locks when entering or leaving
the Tower site.Weld County agrees to permit only authorized employees of Weld County or
persons under Weld County's direct supervision to enter Tower site.Weld County will endeavor
to provide Greeley with 24 hour advance notice prior to requiring access to Weld County'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: As of the Commencement Date,Weld County has equipment and devices are already
installed on the Tower. However,as to future installation of any additional or replacement equipment
and devices on the Tower,the following shall apply:
a. Prior to installation of any equipment or devices,Weld County shall provide Greeley with
industry standard site drawings detailing where Weld County proposes to locate its equipment
and/or antenna(s),and building. Greeley shall review Weld County's proposal and either
approve or specify the required changes within a reasonable time.
b. Weld County'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
Greeley or any equipment or devices of any other entity which is located on the Tower.
c. All equipment provided by Weld County 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 Weld County on Greeley'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 Weld County shall be made of
stainless steel or galvanized to prevent rusting.
e. Weld County shall maintain its property in accordance with reasonable engineering standards to
assure that at all times Weld County and its operation are in conformance with any applicable
requirements of the Federal Communications Commission and/or all other public authorities
with jurisdiction over Weld County.
f. Weld County will(1)operate and maintain Weld County's equipment in a safe and good
condition, (2)keep the premises free from trash,debris and waste resulting from the use thereof
by Weld County,and(3)repair all damage to the premises in connection with installation,
maintenance and removal of Weld County's equipment.
4. Interference or Damage to Greeley's System: Weld County shall be liable for any damages or
problems incurred or sustained by Greeley to its facilities due to acts of Weld County, its agents,
contractors, or representatives,relating to the installation,operation,maintenance,repair,replacement
of Weld County's equipment at the Tower site and on the Tower. Weld County shall ensure that Weld
County's equipment does not interfere with the operation of Greeley's improvements, or any other of
Greeley's previously installed communication equipment or with equipment belonging to tenants whose
equipment was installed prior to Weld County's. In the event of discovered interference,Weld County
shall take immediate action as well as work closely with Greeley to resolve the cause of the
interference. Should it be determined that interference is a result of Weld County's equipment and
cannot be corrected, Greeley agrees to allow Weld County up to ninety(90)days to find a suitable
replacement location. Weld County shall not install or operate equipment that will interfere with
existing public safety frequencies.
5. Term: This Agreement becomes effective upon signature of the full execution of the Agreement by the
parties. This agreement shall continue for a ten(10)year period. Upon the end of the ten(10)year
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period the parties may elect to renew the contract for an additional ten(10)year period upon the same
terms and conditions.
6. 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,Weld
County 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 Weld County installed its
communications equipment.
7. Non-Exclusive Agreement: Greeley shall have the right to lease other portions of its Tower facility to
other parties. Weld County understands and acknowledges that Greeley 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. Greeley will not permit any subsequent user to interfere with the
performance of Weld county's communication system,or to encroach upon the space located on the
Tower and at the Tower site specifically allocated to Weld County hereunder.
S. Assignment: Weld County may not assign or transfer this Agreement or any interest therein or claim
thereunder,without the prior written approval of Greeley.
9. Indemnity
a. Weld County shall obtain and maintain in force during the term of this Agreement statutory
Worker's Compensation Insurance and comprehensive general liability insurance,including
blanket contractual liability,automobile and complete operations insurance coverage with
minimum limits of One Million Dollars($1,000,000.00)per occurrence and Two Million Dollars
($2,000,000.00)per aggregate.Weld County shall provide a certificate of insurance to Greeley
within 30 days after the effective date of this Agreement and yearly thereafter. All insurance
required hereunder shall remain in force for the entire term of this Agreement.
b. Except to the extent caused by Greeley's gross negligence or intentional misconduct,Weld
County waives and releases Greeley,its employees,and agents from all claims for any loss,
injury, death, or damage to persons,property,or to Weld County'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 Tower or the Building,or from any cause beyond Greeley's reasonable control.
10. Waste,Nuisance.,hazardous Substance,or Unlawful Activity: Weld County 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. Greeley 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. Weld County shall not introduce or use any such
substance on the Tower site in violation of any applicable law.
11. Compliance with Laws: Greeley and Weld County 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.
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12. Modification: Any amendments or modifications to this agreement shall be made in writing and
signed by all parties.
13. Non-Liability: The parties agree that in no event shall Greeley 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 Greeley.
14. 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.
15. 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.
16. 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.
17. 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.
18. 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.
19. 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.
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20. 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.
21. 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
Weld County,CO 80632
Greeley: City of Greeley,Colorado
ATTN: City Manager
1000 10th Street
Greeley, CO 80631
ATTEST: ddr "L ;(1 BOARD OF COUNTY COMMISSIONERS
Greeley -rk to the Board GREELEY,COLO O
BY: �L �..' . 9( —
Deputy Clerk to the Board ' Barbara Kirkmeyer, Chair jut 2 0 2015
PROVED AS 0
rI PROVEDWeScit.14...e_BSTANCE:
% . ��
4aisa
Elected Official or Department Head
Controller
PRO D AS TO FO I (gi ,
Director of General ervices
County Attorney
a2,O "- DU 11
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THE CITY OF GREELEY, COLORADO
By:
Mayor
1.L:1141Fiii• �
ATTEST: �► �iL
By. . 44 * (
City Cle 'LL
APPROV D AS TO LEGAL FORM
8
Ci Att ne C e l a Gl f 3a
APPROVED S
TO SU:STANCE:
By:
Ci M. .e
AVAILABILITY OF FUNDS:
By: OI.C.../L-bibbidirieCe2
Director of Finance
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