Loading...
HomeMy WebLinkAboutBlack Hawk Co.- MOU - Communication Tower-5/23/2016r.edseretLll,rItnsco py to: CIty Clerk & Finance Dept. 715 Mulberry st. Waterloo, IA 50703 MEMORANDUM OF UNDERSTANDING BLACK HAWK COUNTY -WATERLOO COMMUNICATION TOWER BLACK HAWK COUNTY (hereinafter County) and the CITY OF WATERLOO (hereinafter City) have agreed that as a part of the recent bonding projeet (the Black Hawk County Public Safety Radio Systeni, passed by Black Hawk County, January 20, 2015) a portion ofthe funds from that project ("Bond Funds") shall be used to construct a replacement tower presently used by both parties. 1. The present tower loeated on City Hall property has been used by both parties for siren projection services for the public, and other communication needs. 2. The County agrees that from Bond Funds it will erect a new tower whose purpose shall be to provide communication, broadcasting, transmission and reception ofwireless communication signals and related serviees for the mutual benefit ofthe County, the City, and such other parties and agencies as the parties to this Memorandum of Understanding may hereafter agree. 3. As ofthe date of exeeution ofthis Memoranduni ofUnderstanding, the parties have not yet agreed who the ultimate owner of the tower shall be. The parties do agree that at the completion of the tower project, ownership ofthe tower shall be established in one party by written instrument executed by both parties. 4. The County shall be responsible to demolish the present tower and to erect a new tower. The new tower shall be erected pursuant to plans, specifieations, and other requirements as set forth in a future agreement ofthe parties and shall be designed with the capability to meet the present and foreseeable future communications uses and needs ofthe parties. Therefore, both parties shall have part in making decisions for the erection and strength ofthe new tower. 5. Ifthe City chooses to benefit from having additiona! cel!ular carriers on the new tower, it shall be responsible for the additional costs to allow for strengthening of the tower. 6. The County intends to place a 3SKw generator to meet the needs ofthe tower site and components. There will be an alternate bid for a 200Kw generator in the RFP to provide power to the City Hall building as well as the tower site. Ifthe City decides to go with the optional price for the 200Kw generator, the cost difference between the 3SKw Generator and the 200Kw shall be borne by the City. 7. During the period ofremoval ofthe old tower and construction of the new tower, and immediately prior to transfer ofownership, the County shall be responsible and liable for, and shall hold harmless the City froni and against, all claims, demands, causes ofaction, and Iiabilities ofany type or nature, including but not limited to reasonable attorney's fees and expenses, arising from or in connection with all activities relating to said removal and construction that are attributable to any acts or omissions ofthe County, its agents, or employees. Except as may be set forth in this paragraph or in a separate agreement between the parties, once title and ownership to the tower are transfened, the new owner shall be responsible and liable for, and shall hold harmless the other party from and against, any Ioss or damage arising from any claim to the extent such loss or damage is attributable to any acts or omissions of the owner, its agents, or employees. Thereafter, the owner shall maintain and operate the tower and be responsible for its care and upkeep as the owner ofthe tower. Ifthe City is the new owner, it shall not be responsible for the upkeep, eare and maintenanee ofthe E91 1 Service Board's radio system antennas, shelters and equipment, which shall be solely the E9 11 Serviee Board' s responsibility. The E91 1 Serviee Board's maintenanee ofthe antennas shall be done in a way that is mutually satisfaetory to both parties. In connection with establishing ownership ofthe completed tower, the parties will enter into an agreement providing for insurance and any other issues ofjoint cost or responsibility. 8. During the period ofconstruction, the City is to maintain ownership ofthe new tower due to licensing requirements. 9. Once ownership of the tower is established in one party, the City shall grant to the E91 1 Serviee Board the easement rights for ingress and egress onto the property for such purposes ofmaintenance and care ofthe E91 1 Service Board antennas, equipment and shelters as the Board deems necessary. lfthe E91 1 Serviee Board is the new owner of the tower, it shall grant to the City an easement ofrights for ingress and egress for purposes ofmaintenance and care ofthe City equipment . These arrangements assume and understand that the owner shall, nevertheless, be responsible for the general upkeep and care ofthe tower and its faeilities, ineluding maintenance and repair. The aircraft warning light on the tower shall be maintained and operated by the County up to the point oftransfer of the tower to the owner. Final details ofownership and responsibilities will be determined between the E91 1 Service Board and the City ofWaterloo. 10. The parties estimate that this project shall take approximately one year to eomplete. 11. The parties agree that any future equipment placed on the new tower will have to be in compliance with engineer's specifieations that the tower was built for. Any equipment placed on the tower in the future cannot interfere with the transmission or reception ofthe E-91 1 Publie Safety Systems. 12. The parties agree that some antennas on the old tower will need to be moved to the new tower. The old tower is 250 feet and the new tower is planned at 230 with antennas to 250 feet. The parties intend that the new tower shall inelude the foliowing: A. Three 5.8 GHz Traffie Department radio/antennas (per RC Systems) will be moved to the new tower. a. One for Bridges (120' on southwest leg) b. One for Sullivan (150' on the east leg) c. One for Covenant Medical Center (155' on the east leg) B. One Siren activation antenna (per RC Systems) will be moved to the new tower a. Replacement antenna will be Iocated at 200' C. Space for future City department antennas (per RC Systems) at about 100-115' D. US Cellular BDA antenna for in -building cellular phone support at about 50' E. Verizon BDA antenna for in -building cellular phone support at about 80'. This list is incomplete but a reflection of the expectations of the parties. 13. Also attached hereto is a drawing of the tower and special permit application. These are referred to an incorporated herein by reference as attachment 2 and 3. 14. Amendments to this Memorandum of Understanding will require the written consent of both parties. BLACK HAWK COUNTY, IOWA County Auditor, Grant Veeder Date: CITY OF WATERLOO BY: l ��� F4/ Mayor Attest: Dated