HomeMy WebLinkAbout20152178.tiff RESOLUTION
RE: APPROVE INTERGOVERNMENTAL AGREEMENT FOR USE OF COMMUNICATION
TOWER (3105 35TH 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 (3105 35th 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 (3105
35th 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, COLORADO
ATTEST: dleteiditi ��{{ ��,,��,,//G. •�C,LtD4 arbara KirkmeY , Chair
Weld County Clerk to the Board rY
Mike Freeman, Pro-Tern
BY: . . t♦ �I •
ue ty Clerk to the Boar. ` ti 1 . Ez - --P
0, n P. Conway
�,rfir (6)(5_,,..:..r 1
APPR D A,S-T RM: 1241 ;V? r �,a
�''�"�� Cozad
Attorney �`lI�
Steve Moreno
Date of signature: $iii
1A-kw)8/�7 2015-2178
CC: C CM0024
g•• ,, w� Weld County Regional Communications Center
1 .Y4
1950 O Street
r 0 GREELEY, CO 80632
'" Fax: 970-304-6501
r �i ;y 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:
2) IGA for Communications Tower between City of,Greeley•land Weld County for West
Water Tank'located at 2760 131St Ave in Greeley=--. �.1., • the County'to have and
maintain a simulcast site at this locations cost ��3) P�Cgfnmunications w °•V er between Weld County and the Ci .ley for 3105
G - allowing the City to have and maintain a Public �"•` radio site
a ,. i ati• h°at no cost.
(114444-e22,11a-12e ,
Michael R Wallace, ENP
Weld County Director of Public Safety Communications
2015-2178
INTERGOVERNMENTAL AGREEMENT FOR USE OF COMMUNICATIONS TOWER BETWEEN
WELD COUNTY AND THE CITY OF GREELEY.
THIS AGREEMENT is made and entered into this 2piday of �(,(„iY ,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,Weld County and Greeley are 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,
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 3105 35th Ave,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 single 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.
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
020/5-G2/7r
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: As of the Commencement Date,Greeley has equipment and devices 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,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. 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.
5. 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(10)year 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,Greeley
shall remove its equipment and material installed on the Tower or at the Tower site within sixty(60)days
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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.
7. 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.
8. Assignment: Greeley may not assign or transfer this Agreement or any interest therein or claim
thereunder,without the prior written approval of County.
9. 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.
10. 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.
11. 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.
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 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.
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,
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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.
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.
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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 10th Street
Greeley,CO 80631
ATTEST. WoriZAK) v• ;(1 BOARD OF COUNTY COMMISSIONERS
Weld lty Clerk to the oard WELD COUNTY,CO ORADO
BY: 4igitli-Va— _LA--
Deputy Clerk to the Board ,! � � `4,' Barbara Kirkmeyer,Chair JUL 2 II ZQt�
ROVED AS i F , e!_t!,, i1„gm APPROVE S TO SUBSTANCE:
illor
, -"
�jai,a 1 �► _ ♦,�.r 1 Elected Official or Department Head
,. 41
Controller \�'�,Ifi L < f
APPROVED AS TO FORM: — 1`)Dr-APPLJAAele
Director of General Services
unty orney '
i
5 0,264, - a/ 71
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THE CITY OF GREELEY, COLORADO
By:
ayor it OF Oita.*4iirenoy� ‘
ATTEST: A.
By: '6i • a AA) * s *
City C1e ' * ��
APPRO D A TO GAL FORM d`• ,.:cove
•
ty Attorney Ce Y u 134
APPROVED AS TO SUBSTANCE:
By:
Ci g
AVAILABILITY OF FUNDS:
By: pit if" °Oreiges )
Director of Finance
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