HomeMy WebLinkAboutresolution.council.020-09Aspen-Pitkin County Emergency Telephone
Service Authority Intergovernmental Agreement
COUN"I'Y OF ['1TIC1N
By r ~__ {~'I?~
Chaiiman BO
Date +~5' (3 -~0 9
Final - 03/25/09
RESOLUTION NO.
(Series of 2009)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, APPROVING REVISED COMMUNICATIONS AND
EMERGENCY TELEPHONE AUTHORITY INTERGOVERNMENTAL
AGREEMENTS BETWEEN THE CITY OF ASPEN; PITKIN COUNTY; THE
TOWN OF SNOWMASS VILLAGE; THE TOWN OF BASALT; THE ASPEN
FIRE PROTECTION DISTRICT; THE SNOWMASS-WILDCAT FIRE
PROTECTION DISTRICT; THE BASALT AND RURAL FIRE PROTECTION
DISTRICT; THE ASPEN AMBULANCE DISTRICT; AND THE
CARBONDALE AND RURAL FIRE PROTECTION DISTRICT SETTING
FORTH THE TERMS AND CONDITIONS REGARDING THE USE OF THE
ASPEN-PITKIN COUNTY COMMUNICATIONS CENTER AND THE
CONTINUED OPERATION OF THE ASPEN-PITKIN COUNTY EMERGENCY
TELEPHONE SERVICE
WHEREAS, there has been submitted to the City Council two
intergovernmental agreements between the City of Aspen; Pitkin County; the
Town of Snowmass Village; the Town of Basalt; the Aspen Fire Protection
District; the Snowmass-Wildcat Fire Protection District; the Basalt and Rural Fire
Protection District; the Aspen Ambulance District; and the Carbondale and Rural
Fire Protection District copies of which are annexed hereto and made a part hereof.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF ASPEN, COLORADO:
Section 1
That the City Council of the City of Aspen hereby approves the
intergovernmental agreements between the City of Aspen; Pitkin County; the
Town of Snowmass Village; the Town of Basalt; the Aspen Fire Protection
District; the Snowmass-Wildcat Fire Protection District; the Basalt and Rural Fire
Protection District; the Aspen Ambulance District; and the Carbondale and Rural
Fire Protection District, regarding the use of the Aspen-Pitkin County
Communications Center and the continued operation of the Aspen-Pitkin County
Emergency Telephone Service, copies of which are annexed hereto and
incorporated herein, and does hereby authorize the Mayor of the City of Aspen to
execute said intergovernmental agreements on behalf of the City of Aspen.
1
INTRODUCED, READ AN DOP D by the City Council of the City of
Aspen on the ~_ day of 09.
Michael C. Irelan Mayor
I, Kathryn S. Koch, duly appointed and acting City Clerk do certify that the
foregoing is a true and accurate copy of that resolution adopted by the City Council
of the City of Aspen, Colorado, at a meeting held on the day hereinabove stated.
Kat S. Koch, City Clerk
Aspen-Pitkin County Communications Center
Service Authority Intergovernmental Agreement
INTERGOVERNMENTAL AGREEMENT CONCERNING TEIE CONTINUED
OPERATION OF THE ASPEN-PITHIN COUNTY COMMUNICATIONS CENTER
THIS AGREEMENT, made as of the date last below signed, by and between the
following parties: COUNTY OF PITKIN, a body politic and corporate hereinafter referred to as
"County", the CITY OF ASPEN, a municipal corporation hereinafter referred to as "Aspen", the
TOWN OF SNOWMASS VILLAGE, a municipal corporation hereinafrer referred to as
"Snowmass", the TOWN OF BASALT, a municipal corporation hereinafter referred to as
"Basalt", the ASPEN FIRE PROTECTION DISTRICT, aquasi-municipal corporation
hereinafter referred to as "Aspen Fire", the SNOWMASS-WILDCAT FIRE PROTECTION
DISTRICT, aquasi-municipal corporation hereinafter referred to as "Snowmass Fire", the
BASALT AND RURAL FIRE PROTECTION DISTRICT, aquasi-municipal corporation
hereinafter referred to as "Basalt Fire", the ASPEN AMBULANCE DISTRICT, hereinafter
referred to as "Aspen Ambulance", the CARBONDALE AND RURAL FIRE PROTECTION
DISTRICT, hereinafter referred to as "Carbondale Fire".
WITNESSETH:
WHEREAS, the above-listed parties have operated a joint public safety communications
system serving their respective jurisdictions, pursuant to agreements dated February 23, 1976,
and January 3, 1983, and February 1, 1990; and
WHEREAS, the parties agreed to a restructuring of this system whereby the system
became a department of the County, which then contracts with Aspen, Snowmass Village,
Basalt, Aspen Fire, Snowmass Fire, Basalt Fire, Aspen Ambulance, and Carbondale Fire to
provide services to them (and to other user agencies) for an established fee; and
WHEREAS, the parties desire to enter into an intergovernmental agreement regarding the
continued provisions of emergency communication services, which agreement is intended by the
parties to replace and supersede all earlier agreements, amendments and additions thereto.
NOW, THEREFORE, COUNTY, ASPEN, SNOWMASS VILLAGE, BASALT, ASPEN
FIRE, SNOWMASS FIRE, BASALT FIRE, ASPEN AMBULANCE, AND CARBONDALE
FIRE AGREE AS FOLLOWS:
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Service Authority Intergovernmental Agreement
1. This agreement shall replace and supersede all prior agreements between the parties,
including the agreements between the parties dated February 23, 1976, January 3,
1983 and February 1, 1990, which established a Joint Communications and
Emergency Services Board.
2. The parties agree that the existing joint public safety communications system is a
department of and under the supervision of the County. The Department is known as
the Aspen-Pitkin County Communications Center ("Center").
3. As partial consideration of this agreement, all right, title, and interest to all assets of
the existing joint public safety communications system including, without limitation,
all equipment, hardware, software, furniture, fixtures and supplies, have been
irrevocably transferred and conveyed, free of charge, by Aspen, Snowmass Village,
Basalt, Aspen Fire, Snowmass Fire, Basalt Fire, Aspen Ambulance, and Carbondale
Fire to the County without compensation therefore. Provided, however, that portable
and mobile radios, pagers and associated equipment belonging to Aspen, Snowmass
Village, Basalt, Aspen Fire, Snowmass Fire, Basalt Fire, Aspen Ambulance, and
Carbondale Fire are excluded and remain the property of the respective entity.
4. All employees of the Center are County employees.
5. The County hereby appoints its Sheriff (or his designee) as the administrator
responsible for the Center.
6. The County, through the Center, shall supply emergency communications services to
Aspen, Snowmass Village, Basalt, Aspen Fire, Snowmass Fire, Basalt Fire, Aspen
Ambulance, and Carbondale Fire under the terms and conditions contained in this
Agreement and, in furtherance of this obligation, the parties agree that the operation
and maintenance of the Center and the system shall be governed by a Joint
Communications Services Board (hereinafter called the "Board") which shall be
comprised of the following individuals:
a. Sheriff of the County of Pitkin, or his designee in writing;
b. Police Chief of the City of Aspen, or his designee in writing;
c. Police Chief of the Town of Snowmass Village, or his designee in writing;
d. Police Chief of the Town of Basalt, or his designee in writing;
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e. A Special District Representative, selected by the five special districts; Aspen
Ambulance, Aspen Fire, Basalt Fire, Carbondale Fire and Snowmass Fire.
7. It is agreed and understood by the parties that the Board shall have the following
duties, responsibilities and powers regarding the operation and maintenance of the
Center and the communications system:
a. Establish a policy for the supply of efficient communications services by the
Center to the County, Aspen, Snowmass Village, Basalt, Aspen Fire, Snowmass
Fire, Basalt Fire, Aspen Ambulance, and Carbondale Fire (and to other user
agencies) on a proportionate and equitable basis and a policy for the fees to be
charged for such services.
b. Employ and have the power to discharge a Director of the Center, subject to the
requirements and procedures of the County personnel system.
c. Conduct an annual performance evaluation of the Director of the Center, subject
to the requirements and procedures of the County personnel system.
d. Review the performance and operation of the Center and the communications
system and make recommendations to the Board of County Commissioners
(through the Sheriff or his designee) concerning the efficient performance and the
annual budget for the Center.
e. Provide policy guidance and direction to the Director of the Center as the Board
deems necessary and appropriate.
f Hear and decide all operational disagreements between the Director and the user
agencies of the Center.
g. Establish guidelines for providing public safety communications services to other
public safety agencies as feasible and appropriate. Approve and supervise the
administration of all service agreements with other user agencies.
8. The Board shall meet quarterly and at such other times as requested by either the
Director or a Board member. Quarterly meetings shall be held in March, June,
September and December on the third Thursday of the months listed. From time to
time, meetings may be rescheduled. A majority vote of the five voting members of
the Board is necessary for decisions to be made. The Board shall select its own
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Service Authority Intergovernmental Agreement
Chairman and shall make such other rules and regulations for its conduct as it may
deem necessary.
9. The parties agree and understand that the operations of the Center and the joint
communications system shall be supervised by a Director, who shall have the
following authority, duties and responsibilities:
a. Act as the Administrative Assistant to the Board and the Emergency Telephone
Service Authority Board by:
(1.) Scheduling all quarterly meetings including: the drafring of agendas,
recording of minutes and the storing of records for both boards.
(2.) Preparing and recommending a draft annual operating budget by June's
quarterly meeting of each year, for both boards. Provide an approved
budget by the Board of County Commissioners by December's quarterly
meeting.
(3.) Preparing a draft final accounting of all revenues and expenditures for the
program for the prior year, by March's quarterly meeting of the subsequent
year, for both boards. Provide an approved final accounting of all revenues
and expenditures for the program for the prior year by June's quarterly
meeting for both boards.
(4.) Presenting quarterly financial and activity reports at every quarterly board
meeting of both boards.
b. Responsible for the day-to-day operations and long-range planning of the Center
as directed and with the policy guidelines established by the Board.
c. Employ and have the power to discharge all Center personnel, subject to the
requirements of the County personnel system.
d. Apply for such grants as are deemed necessary and desirable for the operation or
upgrade of the communications system.
e. Participate in the Pitkin County Public Safety Council and any other local,
regional or state organization or group that would benefit the Center and the other
parties hereto.
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10. It is agreed and understood between the parties that the Center shall perform the
following communications, computer services, record keeping and miscellaneous
functions:
a. Communications:
(1.) Receive calls from the public on the emergency and dispatch phone lines
and those transferred by all user agencies for emergency service.
(2.) Dispatch such calls to the appropriate agency personnel.
(3.) Provide requested Colorado Crime Information Center ("CCIC") and
National Crime Information Center ("NCIC") computer and file information
to law enforcement personnel in accordance with the CCIC user agreement.
b. Computer Services:
(1.) Receive, enter and disseminate all CCIC and NCIC information as requested
by law enforcement personnel.
(2.) Comply with the terms of the CCIC user agreement.
(3,) Maintain and upgrade all computer systems as deemed necessary.
c. Recordkeeping:
(1.) Issue monthly statistical reports as requested by user agencies.
(2.) Other recordkeeping as negotiated between the Center and the Board.
d. Miscellaneous Functions:
(1.) Answer law enforcement agency user administrative phones as requested.
(2.) Other functions as negotiated between the Center and the Board.
11. Annual budgets and any budget changes shall be first approved by the
Communications Board and then forwarded to the Sheriff (or the Director, if so
designated) for presentation to and final approval by the Board of County
Commissioners. A final accounting of all revenues and expenditures for the program
for the prior year shall be completed by June's quarterly meeting of the subsequent
year.
12. The funding shares of the user agencies to the Center shall be determined annually
based on the user agencies' percentage of calls for service generated from two years
prior. Calls for services are calls dispatched and agency initiated calls.
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13. This agreement shall become effective on the last date of the signatures of all parties
hereto and may be renewed on an annual basis as provided in Section 15.
14. Any party hereto may tenninate this Agreement after at least 180 days' written notice
to the other parties, and it is agreed that such termination will not affect the rights and
interests acquired by the respective parties during the term of this Agreement if such
interest, has, in fact, been acquired. If reimbursement is to be made, ib shall be based
on services performed and work completed to date of termination.
15. It is the understanding of the parties that this Agreement may be renewed and/or
modified on an annual basis by the adoption of an annual budget for each successive
year.
16. As a County-owned and -operated system, all costs not specified otherwise herein
(insurance, administration, etc.) shall be the responsibility of the County.
IN WITNESS WHEREOF, the parties hereto have caused their representatives to affix their
respective signatures hereto, as of the day and year herein set forth.
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Service Authority Intergovernmental Agreement
COUNTY OF PITKIN
By
Chair BOCC
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Aspen-Pitkin County Communications Center
Service Authority Intergovernmental Agreement
CITY OF ASPEN
Mayor
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Aspen-Pitkin County Communications Center
Service Authority Intergovernmental Agreement
TOWN OF BASALT
By
Mayor
Final 03/25/09
Aspen-Pitkin County Communications Center
Service Authority Intergovernmental Agreement
TOWN OF SNOWMASS VILLAGE
By
Mayor
Date
Final 03/25/09 10
Aspen-Pitkin County Communications Center
Service Authority Intergovernmental Agreement
ASPEN FIRE PROTECTION DISTRICT
By
Chair
Date
Final 03/25/09 11
Aspen-Pitkin County Communications Center
Service Authority Intergovemmenta] Agreement
BASALT AND RURAL FIRE PROTECTION DISTRICT
Chair
Final 03/25/09 12
Aspen-Pitkin County Communications Center
Service Authority Intergovernmental Agreement
SNOWMASS-WILDCAT FIRE PROTECTION DISTRICT
By
Chair
Date
Final 03/25/09 13
Aspen-Pitkin County Communications Center
Service Authority Intergovernmental Agreement
CARBONDALE ARE RURAL FIRE PROTECTION DISTRICT
BY.
Chair
Final 03/25/09 14
Aspen-Pitkin County Communications Center
Service Authority Intergovernmental Agreement
ASPEN AMBULANCE DISTRICT
By
Chair
Date
Final 03/25/09 15
Aspen-Pitkin County Emergency Telephone
Service Authority Intergovernmental Agreement
INTERGOVERNMENTAL AGREEMENT CONCERNING THE CONTINUED
OPERATION OF AN "ENHANCED 9-I-1" EMERGENCY TELEPHONE SERVICE
THIS AGREEMENT, made as of the date last below signed, is by and between the
following parties: COUNTY OF PITKIN, a body politic and corporate hereinafter referred to as
"County", the CITY OF ASPEN, a municipal corporation hereinafter referred to as "Aspen", the
TOWN OF SNOWMASS VILLAGE, a municipal corporation hereinafter referred to as
"Snowmass", the TOWN OF BASALT, a municipal corporation hereinafter referred to as
"Basalt", the ASPEN FIRE PROTECTION DISTRICT, aquasi-municipal corporation
hereinafter referred to as "Aspen Fire", the SNOWMASS-WILDCAT FIRE PROTECTION
DISTRICT, aquasi-municipal corporation hereinafter referred to as "Snowmass Fire", the
BASALT AND RURAL FIRE PROTECTION DISTRICT, aquasi-municipal corporation
hereinafter referred to as "Basalt Fire", the ASPEN AMBULANCE DISTRICT, hereinafter
referred to as "Aspen Ambulance", the CARBONDALE AND RURAL FIRE PROTECTION
DISTRICT, hereinafter referred to as "Carbondale Fire".
WITNESSETH:
WHEREAS, pursuant to Article 11 of Title 29, C.R.S., as amended, the above-listed
parties have operated a joint emergency telephone services serving their respective jurisdictions,
pursuant to agreement dated August 16, 1994; and
WHEREAS, Part 2 of Article 1 of Title 29, C.R.S., as amended, encourages and
authorizes agreements of this nature; and
WHEREAS, it would serve the public welfare and be in the best interest of al] of the
above-references parties to continue to participate in the organization, administration and
common use of a central emergency telephone service authority; and
WHEREAS, the parties desire to enter into this Intergovernmental Agreement for the
following purposes:
1. To continue in existence a separate legal entity known as the "Aspen-Pitkin
County Emergency Telephone Service Authority" (hereinafter referred to as the
"Authority") which shall be responsible for administering the operation of the
emergency telephone service program; and
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Service Authority Intergovernmental Agreement
2. To define the manner in which each of the parties will participate in the
Authority; and
NOW, THEREFORE, in consideration of the mutual covenants hereinafter contained, the
parties agree as follows:
The definitions for the terms "emergency telephone charge", "emergency telephone
service", "exchange access facilities", "governing body", "public agency", "service supplier",
"service user", and "rates" as used in this Intergovernmental Agreement shall be the same as the
definitions provided for those terms in Section 29-11-101, C.R.S. as amended.
II. GENERAL PROVISIONS
The parties hereby agree to continue their participation in a separate legal entity to be
known as the "Aspen-Pitkin County Emergency Telephone Service Authority" which shall be
responsible for administering the operation of the emergency telephone service program as
described below.
III. EMERGENCY TELEPHONE SERVICE AUTHORITY BOARD
The governing Board for the Authority shall consist of five (5) members which shall be
comprised of the following individuals:
1. Sheriff of the County of Pitkin or his designee in writing;
2. Police Chief of the City of Aspen or his designee in writing;
3. Police Chief of the Town of Snowmass Village or his designee in writing;
4. Police Chief of the Town of Basalt or his designee in writing;
5. A Special District Representative, selected by the five special districts; Aspen
Ambulance, Aspen Fire, Basalt Fire, Carbondale Fire and Snowmass Fire.
IV. RULES AND REGULATIONS
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Service Authority Intergovernmental Agreement
The governing board for the Authority may pass supplementary rules and regulations as it
deems necessary provided the supplementary rules and regulations are in compliance with
Articles 1 and 2 of Title 29, C.R.S., as amended, and this Intergovernmental Agreement.
Any capital expenditures of $25,000.00 or greater shall require atwo-thirds (2/3) vote by
the governing board of the Authority.
V. POWERS OF THE AUTHORITY
The parties hereto agree that the Authority shall be empowered with the authority to contract
for the installation and operation of an emergency telephone service and may pay such costs by
collecting an emergency telephone charge for such service in the service area which is within the
jurisdiction and authorized by this Intergovernmental Agreement and by ordinance or resolution
of the respective parties hereto. The Emergency Telephone Service Authority is hereby
authorized to collect an emergency telephone charge as imposed by the governing bodies of the
respective parties in an amount not to exceed one dollar and twenty five cents ($1.25), in those
portions of the service area for which emergency telephone service is to be provided. The funds
so collected shall be spent solely to pay for the equipment costs, installation costs, costs directly
related to the continued operation of an emergency telephone service, monthly recumng charges
billed by the service suppliers for the emergency telephone service or any other items stated in
Section 29-11-104, C.R.S. as amended. The funds so collected shall be credited to a cash fund
separate and apart from the general fund of any public agency parties under this
Intergovemmental Agreement. Any funds remaining in the account at year end shall be carried
over to the next succeeding year for the same purposes in supplying emergency telephone
service. If the emergency telephone service is ever discontinued, any balance in the account may
be transferred to the general fund of the public agencies on a proportionate basis as to the
contributions made by each respective public agency.
In addition, the Authority may do any other act allowed by law as may be necessary for
the provision of initial services and for the continued operation of the emergency telephone
service; including, specifically, the ability to negotiate with equipment vendors and service
suppliers for the purpose of obtaining the benefit of technological developments which the
Authority deems necessary to improve or enhance the quality and efficiency of service to be
provided to the users.
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Service Authority Intergovernmental Agreement
VI. BASIS FOR CONTRIBUTION AND CHARGES TO BE IMPOSED BY THE
AUTHORITY
The parties hereto agree that the basis for contribution and charges to be imposed on
"Service Users" shall be in accordance with the provisions governing the same in C.R.S. 29-11-
101 et seq. The parties agree that the Authority may request from the service supplier those
figures required to impose a contribution or charge and to make a determination of the
contribution or charge based on those Figures. The parties further agree whenever those figures
are required for any contribution or charge, the figures used shall be the most recent available at
the time such figures are needed, unless otherwise specified herein.
VII. BUDGET AND OPERATING COSTS
In the event that the Authority believes funds for operating costs not paid by the
emergency telephone charge are necessary, it shall prepare a budget and submit a budget request
to the Board of County Commissioners by the annual budget deadline of each year that this
Agreement is in effect. The Board of County Commissioners shall consider funding the budget
request in the County's annual appropriation.
Should funding from the Board of County Commissioners not be forthcoming, or if any
funding so provided shall be deemed insufficient by the Authority, the Authority may then
present its request to the parties hereto who shall consider the budget submitted and determine a
basis for contributing to the budget request at that time; however, no party may be obligated for
the payment of any monies without its prior approval.
VIII. FUNDS AND OPERATIONS
The various monies paid into the Authority by the parties hereto, for operating costs shall
be used by the Authority solely for operating costs. Further, the various monies paid into the
Authority pursuant to the uniform charge per exchange access facility shall be placed in a
separate designated cash fund and shall be paid from said fund only for equipment costs,
installation costs, costs directly related to the continued operation of an emergency telephone
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Aspen-Pitkin County Emergency Telephone
Service Authority Intergovernmental Agreement
service, and for the monthly recumng charges billed by the services suppliers for the emergency
telephone service or as stated in Section 29-1 I-104, C.R.S. as amended.
No disbursement shall be made from the funds of the Authority except by check and
unless a verified claim for services or commodities actually rendered or delivered has been first
submitted and approved for payment by the Authority, said approval being evidenced by the
Chair and Administrative Assistant of said Authority.
The Authority shall not borrow money nor shall it approve any claims or incur any
obligations for expenditure unless there is sufficient unencumbered cash in the appropriate fund,
credited to the Authority, with which to pay the same.
The Authority may invest any funds paid into the Authority only in accordance with any
applicable laws of the State of Colorado governing the investment of public funds.
Nothing herein, however, prevents the Authority from returning any surplus operating
revenues provided by the parties hereto for the operation of this emergency telephone service to
the respective parties hereto in the same proportion that said parties were originally required to
contribute for operation.
IX. BOOKS AND RECORDS
The Authority shall maintain adequate and correct accounts of their funds, properties and
business transactions, which accounts shall be open to inspection at any reasonable time by the
parties hereto, their attorneys, or their agents. The Authority shall cause to be conducted an
annual audit, if requested, which audit shall be conducted by an independent certified public
accountant licensed to practice in the State of Colorado. The Authority shall file a copy of said
audit with the governing bodies of the respective parties hereto.
X. REPORTS
If requested, the Authority shall prepare and present to the respective city councils,
boards of directors of the special districts, and Board of County Commissioners of Pitkin
County, a Comprehensive Annual Report of the Authority's activities and finances during the
preceding year.
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The Authority shall also prepare and present such reports as may be required by law,
regulation or contract to any authorized federal and/ or state officials or to whom such report is
required to be made in the course and operation of the Emergency Telephone Service Authority.
The Authority shall also render to the parties hereto, at reasonable intervals, such reports
and accounting as the parties hereto may from time to time request.
XI. DEFAULT IN PERFORMANCE
In the event any party fails to pay its share of the operating costs then due, or to perform
any of its covenants and undertakings under this Agreement, the Authority shall cause written
notice of the Authority's intention to terminate said Agreement as to such party in default to be
given to that party's governing body unless such default is cured within thirty (30) days from the
date of such notice. Upon failure to cure said defaults within said thirty (30) day period, the
membership in the Authority of the defaulting party shall thereupon terminate and said party
shall thereafter have no voting rights as a member of the Authority at any annual or specific
meetings thereof, nor be entitled to representation on the Authority, and said party shall
thereafter be denied service by the Authority.
Furthermore, any party who is terminated under the provisions of this Section of the
Agreement shall forfeit all right; title and interest in and to any property acquired by the
Authority to which said party may otherwise be entitled upon the dissolution of this Agreement.
This article is not intended to limit the right of any party under this Agreement to pursue and all
other remedies it may have for breach of this Agreement.
XII. TERMINATION OF AGREEMENT
A. This Agreement shall be in full force and effect upon the execution of this Agreement
by all of the parties listed herein, and shall continue in full force and effect, subject to
amendments, or until sooner termination by a majority of the parties hereto.
B. This Agreement, or any party's participation in this Agreement, may be terminated by
written notice from the party or parties to the Authority at least one hundred eighty
(180) days prior to January 1 of any given year.
C. Upon termination by mutual agreement of a majority of the parties to this Agreement,
the powers granted to the Authority under this Agreement shall continue to the extent
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Service Authority Intergovernmental Agreement
necessary to make an effective disposition of the property, equipment and monies
required to hold pursuant to this Agreement.
D. In the event that any party hereto elects to terminate its participation in the Agreement
prior to the end of any period of this Agreement not in accordance with subsection B
of this Agreement and accordingly shall forfeit its entire interest in the emergency
telephone service. Provided however, if in the event that any party in good standing
hereto elects to participate in an emergency telephone service other than that operated
by the Authority created hereby, such party or parties shall have the right to utilize
any and all network equipment installed in service supplier facilities and paid for by
the Authority without charge or reimbursement to this Authority subject, however, to
any or all costs charged by the service supplier.
XIII. AMENDMENT
This agreement maybe amended by the parties from time to time, but any amendment
shall be in writing and executed by all the parties hereto.
XIV. SEVERABILITY CLAUSE
If any provision of this Agreement or the application hereof to any party or circumstances
is held invalid, such invalidity shall not affect other provisions or applications of the Agreement
which can be given effect without the invalid provision or applications, and to this end the
provisions of the Agreement are declared to be severable.
IN WITNESS WHEREOF, the parties hereto have caused their representatives to affix
their respective signatures hereto, as of the day and year herein set forth.
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Aspen-Pitkin County Emergency Telephone
Service Authority Intergovernmental Agreement
COUNTY OF PITKIN
Chairman BOCC
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Aspen-Pitkin County Emergency Telephone
Service Authority Intergovernmental Agreement
CITY OF ASPEN
By
Mayor
l Q
Date ~ ' ly- ~ /~
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Aspen-Pitkin County Emergency Telephone
Service Authority Intergovernmental Agreement
TOWN OF SNOWMASS VILLAGE
By
Mayor
Date
Final - 03/25/09 10
Aspen-Pitkin County Emergency Telephone
Service Authority Intergovernmental Agreement
TOWN OF BASALT
By
Mayor
Final - 03/25/09 11
Aspen-Pitkin County Emergency Telephone
Service Authority Intergovernmental Agreement
ASPEN FIRE PROTECTION DISTRICT
By
Chairperson
Date
Final - 03/25/09 12
Aspen-Pitkin County Emergency Telephone
Service Authority Intergovernmental Agreement
BASALT AND RURAL FIRE PROTECTION DISTRICT
BY.
Chairperson
Date
Final - 03/25/09 13
Aspen-Pitkin County Emergency Telephone
Service Authority Intergovernmental Agreement
SNOWMASS-WILDCAT FIRE PROTECTION DISTRICT
By
Chairperson
Date
Final - 03/25/09 14
Aspen-Pitkin County Emergency Telephone
Service Authority Intergovernmental Agreement
CARBONDALE AND RURAL FIRE PROTECTION DISTRICT
BY.
Chairperson
Date
Final - 03/25/09 15
Aspen-Pitkin County Emergency Telephone
Service Authority Intergovernmental Agreement
ASPEN AMBULANCE DISTRICT
BY.
Chairperson
Final - 03/25/09 16
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7~`fI ERGOVERNMENTAL AGREEMENT CONCERNING THE COHmTNUED OPERATION
Ox' THE ncooN-PITKIN COUNTY COMMi1NICA'i'IONS C5'NTER
THIS AGREEMENT, made as of the date last below signed, by and
between the BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY,
COLORADO ("County"), the CITY OF ASPEN, COLORADO ("City"), the TOWN
OF SNOBJMASS VILLAGE, COLORADO ("Town"), aria the TOWN OF BASALT,
COLORADO ("Basalt").
WHEREAS, County, City, Town, and Basalt have operated a joint
public safety communications system serving their respective
jurisdictions, pursuant to agreements dated February 23, 1976 ar.d
January 3, 1983; and
WHEREAS, the parties agreed to a restructuring of this systeia
whereby the system became a department of ':.he County, which then
contracts with the City, Town, and Basalt to provide services to
them (and to other user agencies) for an established fee; and
WHEREAS, the parties desire to enter into an intergovernmental
agreement regarding the creation of this department and the
provision of emergency Communications services for the calendar
yea': 1990, which agreement is intended by the parties to replace
Final 2/1/90 1
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Aftac~men°~ i°C''
1990 Communications Center IGA
and supersede all earlier agreements, amendments and additions
thereto.
NOW, THEREFORE, COUNTY, CITY, TOWN, AND BASALT AGREE :4S
FOLLOWS:
1. This agreement shall replace and supersede all prior
agreements between the parties, including the agreements between
the parties dated February 23, 1976, and January 3, 1983, which
established a Joint Communications and Emergency Services Board.
2. The parties agree that the existing joint public safet}r
communications system is a department of and under the supervision
of the County. The Department is known as the Aspen-Pitkin County
Communications Center ("Center").
3. As partial consideration !or this agreement, all right,
title and interest to all assets of the existing joint public
safety communications system including, without limitation, all
equipment, hardware, software, furniture, fixtures, and supplies,
have been irrevocably transferred and conveyed, free of charge, by
the City, the Town, and Basalt to the County without compensation
therefore. Provided, however, that portable and mobile radios,
pagers, and associated equipment belonging to the City, Town, and
Basalt are excluded and remain the property of the respective
entity.
4. All employees of the Center are County employees.
5. The County hereby appoints its Sheriff (or his designee)
as the administrator r«~sponsible for the Center.
6. The County, through the Center, shall supply emergency
Final 2/1/90
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A~tachmenY "C"'
1990 Communications Center IGA ~:«~
communications services to the city, Town, and Basalt under the
terms and conditions contained in this Agreement and, in further-
ance of this obligation, the parties agree that the operation and
maintenance of the Center and the system shall be governed by a .:;:~,;
Joint Communications Services Board (,hereinafter called the ',""`~
"Board") which shall be comprised of the following individuals: ~L#,r
a. Sheriff of the County of Pitkin, or his designee in ~!.r7;,`-.
writing; Y'k~,
,+ ~
b. Police Chief of the City of Aspen, or his designee a may.
in writings
c. Police Chief of the Town of Snowmass Village, or his `' ;
designee in writing.
d. Police Chief of the Town of Basalt, or his designee
in writing. However, the Police Chief of the Town oP Basalt, or
his designee in writing, is an ex-officio member of the Hoard and
is net entitled to vote on matters coming before the Board.
7. It is agreed and understood by the parties that the Board t
shall have the following duties, responsibilities and powers
regarding the operation and maintenance of the Center and the
communications system:
a. Establish a policy for the supply of efficient
communications services by the Center to the County, City, Town,
and Basalt (and to other user agencies) on a proportionate and •~ ~
equitable basis and a policy for the fees to be charged for such
services. ~.
b. Employ and have the power to discharge a Director
~~.`
Final 2/1/40 3 i~4
~1. i
hr ' ~~~ 3
Attachment "C"
1990 Communications Center IGA
of the Center, subject to the requirements and procedures of the
County personnel system.
c. Review the performance and operation of the Center
and the communications system and make recommendations to the Board
of County Commissioners (through the Sheriff or his designee)
concerning the efficient performance and the annual budget for the
Center.
d. Provfde policy guidance and direction to the
Director of the Center as the Board deems neceasary and appro-
. priate.
e. Arbitrate and decide all operational disagreements
between the Director and the user agencies of the Center.
f. Establish guidelines for providing public safety
communications services to other public safety agencies as feasible
and appropriate. Approve and supervise the administration of all
service agreements with other user agencies.
8. The Board shall meet quarterly and at such other times
as requested by either the Director or a Board member. A majority
vote of the three voting members of the Board is necessary for
decisions to be made. The Board shall select its own Chairman and
shall make such other rules and regulations for its conduct as it
may deem necessary.
9. The parties agree and understand that the operations of
the Center and the joint communications syste,n shall be supervised
by a Director, who shall have the following authority, duties and
responsibilities:
Final 2/1/90 4
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"""` ";4~fac~iment`"C"
'. 1990 Communications Center IGA
i~ i
•i
a. Responsibility for the day-to-day operations and
long-range planning of the Center as directed and within the policy
guidelines established by the Board.
b, Employ and have the power to discharge all Center
personnel, subject to the requirements of the'COUnty personnel
system.
c. Prepare and recommend to the Board an annual
operating budget and provide monthly financial and activity reports
to the Board.
d. Apply for such grants as are deemed necessary and
desireable for the operation or upgrade of the communications
system.
e. Participate in the Pitkin County Public Safety
Council and any other local, regional or state organization or
group that would benefit the Center and the other parties hereto.
f. Act as an Administrative Assistant to the Emergency
Telephone Service Authority, if established.
10. It is agreed and understood between the parties that the
Center shall Yarform the following communications, computer
services, record keeping, and miscellaneous functions:
a. Communications:
(1) Receive calls from the public on the emergency
and dispatch phone lines and those transferred by all user agencies
for emergency service.
(2) Dispatch such calls to the appropriate agency
personnel.
Final 2/1/90
i
5
5
Attachment "C"
1990 Communications Center IGA
F~"~q r ~ ..'~'
p;t..W, ~'~}.
(3) Provide requested Colorado Crime Information
Center ("CCIC°) and National Crime Information Center ("NCIC")
comp.:ter and file information to law enforcement personnel i.n
accordance with the CCIC user agreement.
b. Computer Services:
(ly Receive, enter and disseminate all CCIC and
NCIC information as requested by law enforcement personnel.
(2) Comply with the terms of the CCIC user
agreement.
c. Recordkeepirg:
(1) issue monthly statistical reports as requested
by user agencies.
(2) other record keeping as negotiated between the
Center and the County, City, Town or Basalt.
d. :Miscellaneous Functions:
(1) Answer law enforcement agency user phones as
requested from 5:00 p.m, to 8:00 a.m, weekdays and from 5:00 p.m.
on Fridays to 8:00 a.m. on Hondays on phone lines into the
^.ommunications Center provided by the respective agency.
(2) Other functions as negotiated between the
Center and the County, City, Town, or Basalt.
11. The 1990 budget for the Center, including fees to be paid
by the City, Town, and Basalt and the method of payment, shall be
as set out on the annexed Exhibit "A."
12. Annual budgets and any budget cha»ges shall be first
aprr~veci by the Communications Board and then forwarded to the
Final 2/.1J90 6
6
.,
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AtfacA errs' n ~~:
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1990 Communications Center IGA
Sheriff (or the Director, if so designated) for presentation to and
final approval by the Board of County Commissioners. A final
accounting of all revenues and expenditures for the program for the
rior year shall be Completed by Harch 15 of the subsequent year. =
• ~
p ;
13. The shares of the Departmc~~t for purposes of fundir:g
.
~.
~
shall be as follows: ~
.
a. Pitkin County - 433
b. City of Aspen - 433 i
€~,; ~i
c. Town of Snowmass Village - 113 ,~,
d. Town of Basalt - 33
14> This Agreement shall become effective on the last date
of the signatures of all parties hereto and may be renewed on an
annual hasis as provided in Section 16.
15. P1fy party hereto may terminate this Agreement after at
least 180 days written notice to the other parties, and it is
agreed that such termination will net affect the rights and
interests acquired by the respective parties during the term of
this Agreement if such interest, has, in fact, been acquired. If
reimbursement is to be made, it shall be based on services
performed and work completed to date of termination.
16. It is the understanding of the parties that this
Agreement may he renewed andjor modified on an annual basis by the
adoption of an annual budget for each successive year.
17. As a County-owned and -operated system, all costs not
specified otherwise herein (insurance, administration, etc.) shall
be the responsibility oP the County. ~
Final 2/1/90 7
u4 I
Attachment "C"
.1990 Communications Center IGA
IN WITNESS WHEREOF, the parties hereto have set their. hands
and seals on the days and year shown.
DATE• II}'~`
APPROVED AS TO FORM:
f~•,~=,County Attorney ~
Date: ~ ~ ~ ~Q
~ ~,
City Cle
BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO
By: ~~.n--~ 11.o ti L
[OVAL:
.~,~7~~
THE CITY F ASPEN, OLORADO
By:~
ACCE D AND ~R+ECO~MME~NDED FOR APPROVAL:
John G odwin, Police Chief
APPROVED AS TO FORM:
,~
5r11Y!
City rney
Final 2/1/90
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Attachment "C"
1990 Communications Center IGA
THE TOWN O S OWMASS VILLAGE,
COLORADO
,; . .,p• RICHARD G. WALL, Mayor
.~TT~'YVN ir~-+i0Li1
~. Jfi 4f:...• ~ J,1~ER HA~ RM~O~N'
..,,.,,.,,m•`~
ACCEPTED AND RECOMMENDED FOR APPROVAL:
Art Smy e, olice Chief
APPR VED AS TO FORM:
Town Attozney
THE TOWN OF BASALT
COLORADO p4d~
5
_~
gown ~ ~ ark
,.
.ti • . .
ACCEP~'ED AND RECOMMENDED FOR APPROVAL:
~1
Jame usti , Police Chief
AP OVED AS TO` ORM:
).1 ~ ~.y"~--
(To ttorney
~/~~ ~
Final. 2/1/90 9
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•, •• ••. Atfacfimen~'"C"+"nlWi u. 1. 4f/S.'!w1"Y4ra. ~:V fta 6WaryjgSi+ylYlf••IF~/IAr1YO~lT•'.'{S RI~I./{Rrh.
~\
1990 Communications Center IGA Ej,~ I-i ~ [3 ~T '~A" G~ .xi
10/07/89 1990 BUDOBT
(cosshare) ~ SHABHS OF PROPOSBD DISPATCH BUDCBT
Pitco City Snwase Basalt
Total share share share share Total
Description Hadget 43_0% _ 43.0% 11.0X •3.0% . 100.0%
OPBRATINO~HUDOBT (excludes records) '
RSVSNUBS 78,000 7,740 7,740 1,980 640 18,000
B%PBNDITURBS:
Labor 463,117 194,840 194,840 49,843 13,694 453,117
Purchased services 11,990 5,1b6 5,156 1,319 360 11,990
Materials & Supplies 9,960 2,129 2,129 646 149 4,960
Bquipnant 0 0 0 0 0 0
Coat cntr allocation 31,624 13,698 13,698 3,479 ____ 949_ 31,624
601,681 21b,723 216,723 65,185 16,050 601,681
NBT B%PBNDITURBS 483,'681 207,983 207,983 63,205 14,610 483,681
CAPITAL RBPLACffiNBNTS -
(See detailed schedule)
CAPITAL IMPRVMNT PBOJBCTS:
DBVBLOPMBNTAL PFi0.TBCTS:
ADJUSTMNTS TO OPBRATNE.
1) Reclassificatns in labor S
2) Increase in avertiae
PBOPOSBD BUDCBT
10,060 4,326 4,326 1,107
Approved in 1989
6,827 Appeera in basic operations
302 10,060
493,741 212,309 212,309 64,312 14,812 493,741
s
10
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4
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/ .. Attachment "D"
.1994 Enhanced 911 IGA
INTERGOVERNMENTAL AGREEMENT CONCERNING THE CONTINUED
IMPLEMENTATION OF AN
"ENHANCED 8-1-1" EMERGENCY TELEPHONE SERVICE"
THIS AGREEMENT, made and entered into the 16th day of August, 1994,
by and between the following parties: COUNTY OF PITKIN, a body poiltic and
corporate hereinafter referred to as "County", the CITY OF ASPEN, a municipal
corporation hereinafter referred to as "Aspen", the TOWN OF SNOWMASS VILLAGE,
a municipal corporation hereinafter referred to as "Snowmass", the TOWN OF
BASALT, a municipal corporation hereinafter referred to as "Basalt", the ASPEN FIRE
PROTECTION DISTRICT, aquasi-municipal corporaSan hereinafter referred to as
"Aspen Fire", the SNOWMASS-WILDCAT FIRE PROTECTION DISTRICT, a quasi-
municipal corporation hereinafter referred to as "Snowmass Fire", the BASALT AND
RURAL FIRE PROTECTION DISTRICT, aquasi-municipal corporation hereinafter
referred to as "Basalt Fire", the ASPEN AMBULANCE DISTRICT, hereinafter referred
to as "Aspen Ambulance", the CARBONDALE AND RURAL FIRE PROTECTION
DISTRICT, hereinafter referred to as "Carbondale Fire".
WITNESSETH:
WHEREAS, pursuant to Article 11 of Title 29, C.R.S., as amended, the above-
listed parties are delegated the power to enter Into agreements for the purpose of
providing emergency Telephone service; and
WHEREAS, Part 2 of Article 1 of Title 29, C.R.S., as amended, encourages
and authorizes agreements of this nature; and
Final - 8116/94
1
1
/~. Attachment "D"
` .1994 Enhanced 911 IGA
Aspen-Pitkin County
Emergency Telephone Service Authority
Intergovernmental Agreement ~
WHEREAS, it would serve the public welfare and be in the best interest of all
of the above-references parties to continue to participate in the organization,
administration and common use of a central emergency telephone service authority;
and
WHEREAS, the parties desire to enter into th(s Intergovemmental Agreement
for the following purposes:
to establish a separate legal entity to be known as the "Aspen-Pitkin
County Emergency Telephone Service Authority" (hereinafter referred to
as the "Authority's which shall be responsible for administering the
operation of the emergency telephone service program; and
2. to define the manner in which each of the parties will participate in the
Authority; and
NOW, THEREFORE, in consideration of the mutual covenants hereinafter
contained, the parties agree as follows:
I. DEFINITIONS
The definit(ons for the terms "emergency telephone charge", "emergency
telephone service", "exchange access facilfties", "governing body", "public agency",
"service supplier", "service user", and "tariff rates" as used in this Intergovernmental
Agreement shall be the same as the definitions provided for those terms ih Section
29-11-101, C,R.S., as amended.
II. GENERAL PROVISIONS
The parties hereby establish a separate legal entity to be known as the
"Aspen-Pitkin County F~nergency Telephone Service Authority" which shall be
Final - 8!16/94
Attachment "D"
1994' Enhanced 911 IGA
Aspen-Pitkin County
Emergency Telephone Service Authority
Intergovernmental Agreement
responsible for administering the operation of the emergency telephone service
program as described below.
III. EMERGENCY TELEPHONE SERVICE AUTHORITY BOARD
The governing Board for the Authority shall consist of flue (5) members to be
selected In the following manner:
1. Two members shall be the Pitkin County Sheriff and the Aspen Pollce
Chlef.
2. One member shall be the Snowmass Village Police Chlef or the
Snowmass-Wlidcat Fire Protection District Chief as selected by
Snowmass and Snowmass Fire.
3. Two members selected by Aspen Ambulance, Aspen Ftre, Basalt, Basalt
Fire, and Carbondale Fire. One member shall serve a term of one year
on the Board and the other member shall serve a term of two years.
After the intt(al one year term, each of the members selected sha(1 serve
a term of two years. Members may serve consecutive terms upon
approval oP the majority vote of the eligible entities.
!V. RULES AND REGUlATiONS
The governing board for the Authority may pass supplementary rules and
regulations as it deems necessary provided the supplementary rules and regulations
are in compliance with Articles I and II of Title 29, C.R.S., as amended, and this
Intergovernmental Agreement.
Any capital expenditure of $25,000.00 or greater shall require atwo-thirds (2/3)
vote by the governing board of the Authority.
V. POWERS OF THE CORPORATION
The parties hereto agree that the Authority shall be empowered with the
authority to contract for the installafion and operation of an emergency telephone
Final - S/18/94
Attachment "D"
1994' Enhanced 911 IGA
Aspen-!'itkin County
Emergency Telephone Service Authority
Intergovernmental Agreement
service and may pay such costs by collecting an emergency telephone charge for
such service in the service area which is within the jurisdiction and authorized by this
Intergovernmental Agreement and by ordinance or resolution of the respective parties
hereto. The Emergency Telephone Servirs Authority is hereby authorized to collect
an emergency telephone charge as imposed by the governing bodies of the
respective parties in an amount not to exceed seventy cents ($.70), in those portions
of the service area for which emergency telephone service is to be provided. The
funds so collected shall be spent solely to pay for the equipment costs, installation
costs, costs directly related to the continued operation of an emergency telephone
service, and for the monthly recurring charges billed by the service suppliersfor the
emergency telephone service. The funds so collected shall be credifed to a cash
fund separate and apart from the general fund of any public agency parties under this
Intergovernmental Agreement. Any funds remaining in the account at year end shall
be carried over to the next succeeding year for the same purposes in supplying
emergency telephone service. If the emergency telephone service is ever
discontinued, any balance In the account may be transferred to the general fund of
the public agencies on a proportionate basis as to the contributions made by each
respective public agency.
In addition, the Authority may do any other act as may be necessary for the
provision of initial services and for the continued operation of the emergency
telephone service; including, specifically, the ability to negotiate with equipment
vendors and service suppliers for the purpose of obtaining the benefit of technological
Final - 8/16/94
4
Attachment "D"
1994 Enhanced 911 IGA
Aspen-Pitkin County
Emergency Telephone Service Authority
Intergovernmental Agreement
developments which the Authority deems necessary to improve or enhance the
quality and efficiency of service to be provided to the users.
VI. BASIS FOR CONTRIBUTION AND CHARGES TO BE IMPOSED BY THE
AUTHORITY
The parties hereto agree that the basis for contribution and charges to be
imposed on "Service Users" shall be in accordance with the provisions govern(ng the
same In C.R.S. 29-11-101 et seq. The parties agree that khe Authority may request
from the service supplier those figures required to impose a contribution
or charge and to make a determination of the contribution or charge based on those
figures. The parties further agree whenever those figures are required for any
contribution or charge, the figures used shall be the most recent available at
the time such figures are needed, unless otherwise specified herein.
VII, BUDGET AND OPERATING COSTS
in the event that the Authority believes funds for operating costs not paid by
the emergency telephone charge are necessary, it shall prepare a budget and submit
a budget request to the Board of County Commissioners by July 15 of each year that
this Agreement is in effect. The Board of County Commissioners
shall consider funding the budget request in the County's annual appropriation.
Should funding from the Board of County Commissioners not be forthcoming,
or if any funding so provided shall be deemed insufficient by the Authority, the
Authority may then present its request to the parties hereto who shall consider the
budget submitted and determine a basis for contributing to the budget request at that
Final - 8/16/94
Attachment "D"
1994 Enhanced 911 IGA
Aspen-Pitkin County
Emergency Telephone Service Authority
Intergovernmental Agreement
time; however, no party may be obligated for the payment of any monies without its
prior approval.
Vltl. FUNDS AND OPERATIONS
The various monies paid into the Authority by the parties hereto, for operating
costs shall be used by the Authority solely for operating costs. Further, the various
monies paid into the Authority pursuant to the uniform charge per exchange access
facility shall be placed In a separate designated cash fund and shall be paid from
said fund only for equipment costs, installation costs, costs directly related to the
continued operation of an emergency telephone service, and for the monthly recurring
charges billed by the service supplier for the
emergency telephone service.
No disbursement shall be made from the funds of the Authority except by
check and unless a verified claim for services or commodities actually rendered or
delivered has been first submitted and approved for payment by the Authority, said
approval being evidenced by the President and Secretary of said Authority.
The Authority shall not borrow money. nor shall it approve any claims or incur
any obligations for expenditure unless there is sufFlcient unencumbered cash in the
appropriate fund, credited to the Authority, with which to pay the same.
The Authority may Invest any funds paid into the Authority only 1n accordance
with any applicable laws of the State of Colorado governing the investment of public
funds.
Final - 8/16/94
6
Attachment "D"
1994 Enhanced 911 IGA
Aspen-Pitkin County
Emergency Telephone Service Authority
Intergovemmentai Agreement
Nothing herein, however, prevents the Authority from returning any surplus
operating revenues provided by the parties hereto for the operation of this emergency
telephone service to the respective parties hereto in the same proportion that said
parties were originally required to contribute for operation.
IX. BOOKS AND RECORDS
The Authority shall maintain adequate and correct accounts of their funds,
properties and business transactions, which accounts shall be open to inspection at
any reasonable 6me by the parties hereto, their attorneys, or their agents. The
Authority shall cause to be conducted an annual audit, which audit shall be conducted
by an independent certified public accountant licensed fo practice in the State of
Colorado. The Authority shall file a copy of said audit with the governing
bodies of the respective parties hereto.
X. ER PORTS
Within one hundred eighty (180) days after the end of each fiscal year, the
Authoriiy shall prepare and present to the respective city councils, boards of directors
of the special districts, and Board of County Commissioners of Pltkin County, a
Comprehensive Annual Report of the Authority's activities and finances during the
preceding year.
The Authority shall also prepare and present such reports as may be required
by law, regulation or contract to any authorized federal and/or state officials or to
whom such report is required to be made in the course and operation of the
Emergency Telephone Service Authority.
Final - 8/16!94
7
7
Attachment "D"
• 1994 Enhanced 911 IGA
Aspen-Pitkin County
Emergency Telephone Service Authority
Intergovernmental Agreement
The Authority shall also render to the parties hereto, at reasonable intervals,
such reports and accounting as the parties hereto may from time to time request.
XI. DEFAULT IN PERFORMANCE
In the event any party fails to pay Its share of the operating costs then due, or
to perform any of its covenants and undertaf<Ings under this Agreement, the Authority
shall cause written notice of the Authority's intention to terminate said
Agreement as to such parry in default to be given to that party's governing body
unless such default is cured within thirty (30) days from the date of such notice.
Upon failure to cure said defaults within said thirty (30) day period, the membership In
the Authority of the defaulting parry shall thereupon terminate and said party shall
thereafter have no voting rights as a member of the Authority at any annual or
specific meetings (hereof, nor be entitled to representation on the Authority, and said
party shall thereafter be denied service by the Authority.
Furthermore, any party who is terminated under the provisions of
this Section of the Agreement sha(I forfeit all rlghf, title and interest in and to any
property acquired by the Authority to which said party may otherwise be entitled upon
the dissolution of this Agreement. This article is not intended to limft the
right of any party under this Agreement to pursue and all other remedies it may have
for breach of this Agreement.
Final -8/16/94
Attachment "D"
1994 Enhanced 911 IGA
Aspen-Pitkln County
Emergency Telephone Service Authorfty
Intergovernmental Agreement
XII. TERMINATION OF AGREEMENT
A. Th(s Agreement shall be in full force and effect upon the execution of
this Agreement by all of the parties listed herein, and shall continue in full force
and effect, subject to amendments, or until sooner termination by a majority of
the parties hereto.
B. This Agreement, or any party's participation in this Agreement, may be
terminated by written notice from the party or parties to the Authority at least
one hundred eighty (180) days prior to January 1 of any given year.
C. Upon termination by mutual agreement of a majority of the parties to
this Agreement, the powers granted to the Authority under this Agreement Shall
continue to the extent necessary to make an effective disposition of the
property, equipment and monies required to held pursuant to this Agreement.
D. In the event that any parry hereto elects to terminate its participation in
the Agreement prior to the end of any period of this Agreement not in
accordance with subsection B of this Agreement and accordingly shall forfeit its
entire interest in the emergency telephone service. Provided however, if in the
event that any parry hereto elects to participate in an emergency telephone
service authority other than the Authority created hereby, such party or parties
shall have the right to utilize any and all network equipment installed in service
supplier facilities and paid for by the Authority without charge or
reimbursement to this Authority subject, however, to any or ail costs charged
by the service supplier.
Xlll. AMENDMENT
This agreement may be amended by the parties from time to time, but any
amendment shall be in writing and executed by all the parties hereto.
XIV. SEVERABILITY CLAUSE
If any provision of this Agreement or the application hereof to any party or
circumstances is held invalid, such invalidity shall not affect other provisions or
Final - 8/16/94
9
Attachment "D"
.1994 Enhanced 911 IGA
Aspen-Pitkin County
F~nergency Telephone Service Authority
Intergovernmental Agreement
applications of the Agreement which can be given effect without the invalid
provision or applications, and to this end the provisions of the Agreement
are declared to be severable.
IN WITNESS WHEREOF, the parties hereto have caused their
representatives to affix their respective signatures hereto, as of the day and year
herein set forth.
COUNTY OF PITKIN
By ~"' ~~p~M"'- '~
g-I8~
(/tea.CA~t~~f,~
By
OF SNOWMASS VILLAGE
ra• ] Po Td 'rj
ASPEN FIRE PROTECTION DISTRICT
By <r
Final - 8/16/94
CITY OF ASPEN
TOWN OF BASALT
By ~
10
10
Attachment "D"
1994 Enhanced 911 IGA
Aspen-Pitlcin County
Emergency Telephone Service Authority
Intergovernmental Agreement a.
BASALT AND RURAL FIRE ASPEN AMBULANCE DISTRICT
PROTECTION DISTRICT
By 1~~,~, s. By /,, . rYI'Z-13-95
~~~~~
CARBONDALE AND RURAL FIRE
PROTECTION DISTRICT
Fnal - 8/16/94
11
11
Attachment"E"
Recommended revisions to the 1990 Communications Center IGA
Attachment "E"
Recommended revisions to the 1990 Communications Center
IGA
Page 1: UnderTHISAGREEMENT-
Old - ...between the BOARD OF COUTY COMMISSIONERS OF PITKIN
COUNTY, COLORADO ("County'), the CITY OF ASPEN, COLORADO ("City'),
the TOWN OF SNOWMASS VILLAGE, COLORADO (`Town', and the TOWN
OF BASALT, COLORADO ("Basalt'.
New - ...between the following parties: COUNTY OF PITKIN, a body politic and
corporate hereinafter referred to as "County'; the CITY OF ASPEN, a municipal
corporation hereinafter referred to as Aspen', the TOWN OF SNOWMASS
VILLAGE; a municipal corporation hereinafter referred fo as "Snowmass'; the
TOWN OF BASALT, a municipal corporation hereinafter referred to as "Basalt',
the ASPEN FIRE PROTECTION DISTRICT, aquasi-municipal corporation
hereinafter referred to as `Aspen Fire'; the SNOWMASS-WILDCAT FIRE
PROTECTION DISTRICT, aquasi-municipal corporation hereinafter referred to
as "Snowmass Fire'; the BASALT AND RURAL FIRE PROTECTION DISTRICT,
a quasi-municipal corporation hereinafter referred to as `Basalt Fire ;the ASPEN
AMBULANCE DISTRICT, hereinafter referred to as 'Aspen Ambulance', the
CARBONDALE AND RURAL FIRE PROTECTION DISTRICT, hereinafter
referred to as "Carbondale Fire".
Page 1: Under WITNESSETH and first WHEREAS -
Old - ...agreements dated February 23, 1976 and January 3, 1983; and
New - ...agreements dated February 23, 1976, and January 3, 1983, and
February 1, 1990; and
Page 1: Under WITNESSETH and third WHEREAS -
Old - ...the creation of this department and the provision of emergency
communications services for the calendar year 1990, ...
New - ...the continued provisions of emergency communication services,..
Page 2/3: Section 6 a through e -
Old - a. Sheriff of the County of Pitkin, or his designee in writing;
b. Police Chief of the City of Aspen, or his designee in writing;
c. Police Chief of the Town of Snowmass Village, or his designee in
writing.
d. Police Chief of the Town of Basalt, or his designee in writing.
However, the Police Chief of the Town of Basalt, or his designee
Attachment"E"
Recommended revisions to the 1990 Communications Center IGA
in writing, is an ex-officio member of the Board and is not entitled
to vote on matters coming before the Board.
New - a. Sheriff of the County of Pitkin, or his designee in writing;
b. Police Chief of the City of Aspen, or his designee in writing;
c. Police Chief of the Town of Snowmass Village, or his designee in
writing;
d. Police Chief of the Town of Basalt, or his designee in writing;
e. A Special District Representative, selected by the five special
districts; Aspen Ambulance, Aspen Fire, Basalt Fire, Carbondale
Fire and Snowmass Fire.
Page 3/4: Sectidn 7 c -
New - (added sentence in Section 7 c.) -Conduct an annual performance
evaluation on the Director of the Center, subject to the requirements and
procedures of the County personnel system.
Page 3/4: Section 7 e/f -
Old - e. Arbitrate and decide...
New - e. Hear and decide...
Page 3/4: Section 8 -
New - (added sentences after first sentence in Section 8) -Quarterly meetings
shall be held in March, June, September and December on the third Thursday of
the months listed. From time to time, meetings maybe rescheduled.
Old - ...A majority vote of the three voting members...
New - ...A majority vote of the five voting members...
Page 4: Section 9 a (1.) - (4.) -
New - [added Section 9 a (1.) - (4.)] -
a. Act as the Administrative Assistant to the Board and the Emergency
Telephone Service Authority Board by:
(1.) Scheduling all quarterly meetings including: the drafting of
agendas, recording of minutes and the storing of records for both
boards.
(2.) Preparing and recommending a draft annual operating budget by
June's quarterly meeting of each year, for both boards. Provide
an approved budget by the Board of County Commissioners by
December's quartedy meeting.
(3.) Preparing a draft final accounting of all revenues and expenditures
for the program for the prior year, by March's quarterly meeting of
the subsequent year, for both boards. Provide an approved final
accounting of all revenues and expenditures for the program for
the prior year by June's quarterly meeting for both boards.
2
Attachment"E"
Recommended revisions to the 1990 Communications Center IGA
(4.) Presenting quarfedy financial and activity reports of every
quarterly board meeting of both boards.
Page 5/6: Section 10 d. (1.) -
Old - Answer law enforcement agency user phones as requested from 5:00
p.m. to 8:00 a.m. weekdays and from 5:00 p.m. on Fridays to 8:00 a.m. on
Mondays on phone lines into the Communications Center provided by the
respective agency.
New - Answer law enforcement agency user administrative phones as
requested.
Page 5-6/6-7: Sections 11-14 -
Old - 11. The 1990 budget for the Center including fees to be paid by the City,
Town, and Basalt and the method of payment, shall be asset out on the
annexed Exhibit `;4."
12. Annual budgets and any budget changes shall be first approved by
the Communications Board and then forwarded to the Sheriff (or the
Director, if sb designated) for presentation to and final approval by the
Board of County Commissioners. A final accounting of all revenues and
expenditures for the program for the prior year shall be completed by
March 15 of the subsequent year.
13. The shares of the Department for purposes of funding shall be as
follows:
a. Pitkin County- 43%
b. City of Aspen - 43%
c. Town of Snowmass Village - 11
d. Town of Basalt - 3%
14. This Agreement shall become effective on the last date of the
signatures of all parties hereto and maybe renewed on an annual basis
as provided in Section 16
New - 11. Annual budgets and any budget changes shall be first approved by
the Communications Board and then forwarded fo the Sheriff (or the
Director, if so designated) for presentation to and final approval by the
Board of County Commissioners. A final accounting of all revenues and
expenditures for the program for the prior year shall be completed by
June's quarterly meeting of the subsequent year.
12. The funding shares of the user agencies to the Center shall be
determined annually based on the user agencies' percentage of calls for
service generated from two years prior. Calls for services are calls
dispatched and agency initiated calls.
13. This agreement shall become effective on the last date of the
signatures of all parties hereto and maybe renewed on an annual basis
as provided in Section 15.
3
Attachment "F"
Recommended revisions to the 1994 Enhanced 911 IGA
Attachment "F"
Recommended revisions to the 1994 Enhanced 911 IGA
Page 1: Under WITNESSETH and first WHEREAS -
Old - ...:.the above-listed parties are delegated the power to enter into
agreements for the purpose of providing emergency telephone service; and
New - ....., the above-listed parties have operated a joint emergency telephone
services serving their respective jurisdictions, pursuant to agreement dated
August 16, 1994; and
Page 1: Under WITNESSETH and fourth WHEREAS, Number 1 -
Old - to establish a separate legal entity....
New - to continue in existence a separate legal entity.....
Page 2: Under DEFINITIONS, 3rd line -
Old - ... `tariff rates"....
New - .... "rates"....
Page 2: Under GENERAL PROVISIONS -
Old -The parties hereby establish a separate legal entity....
New -The parties hereby agree to continue their participation in a separate legal
entity......
Page 2: Under EMERGENCY TELEPHONE SERVICE AUTHORITY BOARD, Numbers
1 to 5 -
Old - 1. Two members shall be the Pitkin County Sheriff and the Aspen Police
Chief.
2. One member shall be the Snowmass Village Police Chief or the
Snowmass-Wildcat District Chief as selected by Snowmass and
Snowmass Fire.
3. Two members selected by Aspen Ambulance, Aspen Fire, Basalt,
Basalt Fire and Carbondale Fire.
One member shall serve a term of one year on the Board and the other
shall serve a term of two years.
After the initial one year term, each of the members selected shall serve
a term of two years. Members may serve consecutive terms upon
approval of the majority vote of the eligible entities.
New - 1. Sheriff of the County of Pitkin or his designee in writing;
Attachment "F"
Recommended revisions to the 199Q Enhanced 911 IGA
2. Police Chief of the City of Aspen or his designee in writing;
3. Police Chief of the Town of Snowmass Village or his designee in
writing;
4. Police Chief of the Town of Basalt or his designee in writing;
5. A Special District Representative, selected by the five special districts;
Aspen Ambulance, Aspen Fire, Basalt Fire, Carbondale Fire and
Snowmass Fire.
Page 3: Under POWERS OF THE AUTHORITY -
Old - ....not to exceed seventy cents ($.70), .....
New - ....not to exceed one dollar and twenty five cents ($1.25), .....
New - (added to end of sentence on line 11) ....or any other items stated in
Section 29-11-104, C.R.S as amended.
Page 4: Under BUDGET AND OPERATING COSTS - 3RD line
Old - ....Board of County Commissioners by July 15 of each year.....
New - ....Board of County Commissioners by annual budget deadline of each
year..
Page 5: Under FUNDS AND OPERATION -last sentence of first paragraph
New - (added to end of sentence) ....and for the monthly recurring charges billed
by service suppliers for emergency telephone service or as stated in Section 29-
11-104, C.R.S as amended.
Last sentence of second paragraph -
Old - ...said approval being evidenced by the President and Secretary of said
Authority.
New - ...said approval being evidenced by the Chair and Administrative Assistant
of said Authority.
Page 5: Under BOOKS AND RECORDS - 4T" line
New - ...if requested... (added to sentence)
Page 5: Under REPORTS
Old -Within one hundred eighty (180) days after the end of each fiscal year, the
Authority shall prepare.....
New - If requested, the Authority shall prepare....
RESOLUTION OF'I'HE BOARD OP COUNTY COMMISSIONBRS OF
PITKIN COUNTY, APPROVING AN INTERGOVERNMENTAL
AGREEMENT WITH THE CITY OF ASPEN, TOWN OF SNOWMASS
VILLAGE, TOWN OFBASALT, ASPEN FIRE PROTECTION DISTRICT,
SNOWMASS-W[LDCAT FIRE PROTECTION DISTRICT, BASALT AND
RURAL FIRE PROTECTION DISTRICT, ASPEN AMBULANCE DISTRICT,
AND THE CARBONDALE AND RURAL FIRE PROTECTION DISTRICT
CONCERNING THE CONTINUED OPERATION OF AN "ENHANCED
9-]-1" EMERGENCY TELEPHONE SERVICE
RESOLUTION NO. ~, 2009
RECITALS.
I. The Aspen-Pitkin County Emergency Telephone Service Authority hay
provided duality emergency telephone service since September 11, 1991
to the citizens or our county; and
2. Pursuant to Article 1 I of Title 29, C.R.S, as amended, the above listed
parties have operated a joint emergency telephone services serving their
respective jurisdictions, pursuant to agreement dated August 16,.1994; and
3. Part 2 of Article I of Title 29, C.R,S, as amended, encourages and
authorizes agreements of this nature; and
4. It would serve the public welfare and he in the best interest of all of the
above refetenced parties to continue to participate in the organization,
administration and common use of a central emergency telephone service
authority;
NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of Pitkin County, Colorado:
1. That the Chairman is authorized to execute the revised Intergovernmental
Agreement concerning the continued implementation of an "Enhanced 9-
1-1"emergency telephone sewice; and,
2. 'that the Aspen,Pitkin County Emergency Telephone Service Authority is
authorized to impose an emergency telephone charge for those areas
within our jurisdiction for which emergency telephone service will be
provided, which charge shall be in an amount not to exceed one dollar
twenty five cents ($1.25) per month.
INTRODUCED, FIRST READ, AND SET FOR PUBLIC HEARING ON APRIL
22, 2009.
NOTICE OF PUBLIC HEARING PUBLISHED BY TITLE AND SHORT
SUMMARY 1NTIiE ASPEN TIMES WEEKLY ON MAY 3, 2009.
ADOPTED AFTER FINAL READING AND PUBLIC HEARING ON MAY 13,
2009.
PUBLISHED BY TITLE AND SHORT SUMMARY, AFTER ADOPTION, IN
TILE ASPEN TIMES WEEKLY ON MAY 24, 2009.
ATTEST:
BOARD OF COUNTY
COMMISSIONERS OF PITKIN
COUNTY,COLORADO
By: ' k~,. ~~,
Patti Kay-Clappe ,Chair
Date: 05- 13 - ~ 9
APPROVED AS TO FORM:
Johu Ely, Conpty%Attorney
- --'
COUNTY MANAGER APPROVAL:
Hilary Fl her, County Manager
RECOMMENDED FOR APPROVAL:
Mark Ga prat, Co ijnw ications Director
Aspen-Pitkin County "Enhanced 9-1-1"Emergency
Telephone Service Authority Board By-Laws
BYLAWS OF THE ASPEN-PITKIN COUNTY
"ENHANCED 9-I-I" EMERGENCY TELEPHONE SERVICE AUTHORITY
ARTICLE I
PURPOSE
'these Bylaws are intended to supplement the provisions of Article 11 of Title 29,
C.R.S., as amended, and the 2009 Intergovernmental Agreement Concerning the
Continued Operation of an "Enh<•tnced 9-I-I" F..ntergency Telephone System ("IGA")
which establishes the framework for the Aspen-Pitkin County Emergency Telephone
Services Authority ("Authority") and is attached hereto and incorporated herein by this
reference to guide the conduct of the Audtority's affairs by its Governing Board
("Board"),
ARTICLE II
BOARD OP DIRECTORS
Section 1. General Powers. The affairs of the Authority shall be conducted by a
Board. consisting of five members ("Board Member"), who shall be
appointed as specified. in Section III of the IGA, and shat] exercise the
powers ofthe Authority as set forth in the IGA.
Section 2. Voting. Each Board Member shall have one vote. There shall be no
In~ox}~ voting.
Section 3. Vacancies. Any vacancy in the Board because of death, resignation.
removal, disqualification, or otherwise shall be filled by the responsible
appointing entity, in accordance with Section III of the IGA. Upon
learning of a vacancy on the Board, or upon determining that a Board
member has been or will be absent from an excessive ^umber of regular
meetings, the Board shall notify the responsible appointing entity (entities)
of such fact within 30 days, and request that a replacement be appointed at
the earliest possible time.
ARTICLE III
MEETINGS
Final - 03/T2/09
Aspen-pitkin County "Enhanced 9-1-1" Emergency
"Telephone Service Authority Board By-Laws
Section 1. Regular Meetings. Regular meetings for the transaction of the business
of the Board shall be held every March, June, September and December
on the third Thursday. Meetings, from time to time, may be rescheduled.
The purpose of the March meeting shall. be for the election of officers and
for such other purposes as Che Board shall determine.
Section 2 Special Meetings. Special meetings of the Board may be called at the
request of the Chair of the Board or any three Board Members, and shall
be at such place as the Chair or such three Board Members may determine.
Notice of any special meeting of the Board shall be given at least seven
days previously thereto by written notice delivered personally or sent by
mail or e-mail to each Board Member at the address shown in the records
of the Authority. Any Board Member may waive notice of any meeting.
The attendance of a Board Member at any meeting shall constitute a
waiver of notice of such meeting, except where a Board Member attends a
meeting and expressly objects on the record to the G•ansaction of business
because the meeting was not lawfully called or convened. "I7te business to
be transacted at the meeting must be specified in the notice or waiver of
notice of such meeting if such business relates to matters of budget,
contracts or major policy decisions of the Authority.
Section 3 Agendas for Regular Meetings. The Board shall be responsible for
selecting an Administrative Assistant, pursuant to Article IV, Section 5,
below. The Administrative Assistant shall be responsible for preparing and
dish•ibuting the agenda in accordance with this section. Agendas shall be
distributed by personal delivery, mail or as an attachment to an c-mail, to
all Board Members at least tluee days before any regular meeting. All
Boarxl Members shall have the right to have items placed on the agenda. It
shall be the responsibility of any Board Member desiring to have an hem
placed on the agenda to present it to the Administrative Assistant for this
propose, within a reasonable time to allow inclusion on the agenda prior to
dish•ibution. Each agenda shall provide for the discussion of oflter items of
old and new business not specified on the agenda.
Final - 03/12/09
Aspen-Pitkin County "Enhanced 9-1-1 ° Emergency
"felephone Service Authority Board By-Laws
Seotion 4. Quorum and Recording. A majority of the Board Members of the
Authority shall constihtte a quorum for the transaction of business at any
regular or special meeting of the Board, Whenever less than a majority of
the Doard Members appear at any time for a meeting those so present shall
have the power to adjourn such meeting from time to time until a quorum
is present. All acts of the Board shall be by vote when at a regular ur
special meeting and recorded by the Administrative Assistant. "fhe
Administrative Assistant shall be responsible for recording the minutes of
the regular or special meetings and the safekeeping of all records.
Section 5. Open Meetings. Regular and special meetings of the Board steal] be
open to the public pursuant to 24-6-402, C.R.S., as amended, but the
Board may go into executive session as therein allowed. Public notice
shall be given for each regular and special meeting as provided in Pai14 of
Article 6 of Title 24, C.R.S.
ARTICLE IV
OFFICERS
Section 1. Offcers, T•he officers of the Authority shall be a Chair amd a Vicc-
Chair. The Board may elect or appoint such other officers as it shall deem
desirable. The Pitkin County Treasurer, serving ex-officio as Treastu•er of
the Authority, is also an officer of the Board and shalt have the privilege
of the floor ott auy matter concerning the T'reasurer's duties at auy regular
or special meetiug as if a Board Member, but shall not be entitled to vote.
Section 2. Election and Term of Office. The officers of the Authority shall be
elected annually by the Board at March's meeting pursuant Co Article III,
Section I, above. If the election of officers is not held at such meeting,
such election shall be held at a regular or special meeting of the Board as
soon thereafter as is possible. Each officer shall hold office until a
successor has been duly elected.
Final - Q3/12/09
Aspen-Pitkin County "Enhanced 9-I-1" Emergency
"I•elephone Service Aulhm•ity Board $y-Laws
Section. 3. Removal Any officer elected by the Authority Board may be
removed from such office by the Board whenever in its judgment the best
interest of the Authority would be served thereby.
Section 4. Vacancies. A vacancy in any office because of death, resignation,
removal, disqualification, or otherwise, shall be filled by the Board for the
unexpired pa•tion of the term.
Section 5 Administrative Assistant. The Authority Board may in its discretion,
appoint an Administrative Assistant to the Board. The Administrative
Assistant shall serve at the pleasure of the Board. The Administrative
Assistant shall have such powers and responsibility and perform such
duties as specified in these Bylaws or as the Board ma}' delegate iu writing
from time to time, including fife management of Che business affahs of the
Authority, except that the Administrative Assistant shall not have the
power fo amend the annual budget, or the fees, charges, or the scope of the
emergency telephone service provided by the Authority, and shall not sign
contracts, checks, drafts of orders or other legally binding documents on
behalf of the Board.'1'he Administrative Assistant shall report to the Board
at regular and special meetings as well as upon request. Any action duly
taken by the Administrative Assistant within the course and scope of
his/her duties and responsibilities shall be binding ou the Authority.
Section 6, Committees. "Che Board in its discretion may appoint committees to
assist it. This may include, but is not limited to tectmical committees,
Master Street Addt•ess Guide (M5AG) committees and financial
eounnittees. All such committees and their members shall serve at the will
of the Board. "I'he Board shall appoint the Chair of any committee.
ARTICLE V
FINANCE
Final - 03/12/09
Aspen-Pitkin County "Enhanced J-1-I" Emergency
Telephone Service Authority Board By-Laws
Section L Contracts. All conh•acts and other legally binding documents shall he
signed by the Chair, All contracts shall be approved by an act of the
Authority Board prior to execution.
Section 2. Checks. Drafts, and Orders. All checks, drafts or orders for the payment
of money issued in the name of the Authority shall be signed by the
Treasurer. All checks, drafts, or orders for payment of money issued iu
Clre name of the Authority, shall be approved by an act of the Board prior
to signature of the Treasurer. The Board may approve payment of
anticipated recurring charges by a single act of the Board, provided that
the Board gives specific written direction to the Treasurer concerning
which charges are thereby approved for recurring payment.
Section 3. Deposits. Al( funds of the Authority shall be deposited from time to
time to the credit ofthe Authority in such banks, trust companies, or other
depositories as the Authority Board may select in aceordance with the
laws ofthe State of Colorado,
Section Q. Gifts. The Board may accept on behalf of the Authority airy conh•ibutiou,
grant, funding, gift, bequest or devise for any of the lawful purposes of the
Authority as may be allowed by law.
ARTICLE VI
BUDGET
Section I. Operating Budget. The Adminishative Assistant shall present to the
Authority Board an operating budget for the provision of emergency
telephone service for fire following year, by .lure's meeting. Such
operating budget shall be sent to all entities fpr review prior to adoption.
The operating budget shall be certified by the Chair and Board of County
Commissioners to be the operating budget of the Authority. The Board
shall adopt such budget at September's meeting. "1•he Administrative
Assistant shall present to the Authority Board a draft final accounting of
all revenues and expenditures for the program for the prior year, by
Final - 03/12/09
Aspen-Pitkin County "Enhanced 9-I-1" Emergency
Telephone Service Authority Board By-Laws
March's meeting of the subsequent year: A final accounting of the
previous year's budget will be presented. at June's meeting.
Section 2. Rate of Charge. The Authority pursuant to 29-I 1-103, C.R.S., as
amended, shall determine a rate of charge and notify by registered mail
every service supplier of the determination of That rate by October I of
each year.
AR'fICI,E V1I
BOOKS, RECORDS AND REPOK'fS
In addition to the requirements of Section IX and X, IGA, the Authority, through
the Administrative Assistant, shall keep minutes of the proceedings of its Board at all
regular and special meetings, and shall keep a record showing the names and addresses. of
its Board Members.
ARTICLE VIII
FISCAL YEAR
The f scat year of the Authority shall be the calendar year beginning at one minute
past midnight on the first day of January, and ending at midnight on the thirty-first day of
December.
ARTICLE IX
AMENDMENT OF BYLAWS
These Bylaws may be altered, amended, or repealed and new Bylaws may be
adopted as the Board may from time to time determine.
Adopted July ] 7, 2009
~~!'~~
Robert C. Braudis, Chair
Final - 03/12/09
INTERGOVERNMENTAL AGREEMENT CONCERNING THE CONTINUED
OPERATION OF AN "ENHANCED 9-1-I" EMERGENCY TELEPHONE SERVICE
THIS AGREEMENT, made as of the date last below signed, is by and between the
following parties: COUNTY OF PITKIN, a body politic and corporate hereinafter referred to as
"County", the CITY OF ASPEN, a mmticipal corporation hereinafter referred. to as "Aspen", the
TOWN OF SNOWMASS VILLAGE, a municipal corporation hereinafter referred to as
"Snowmass", the TOWN OF BASALT, a municipal corporation hereinafter referred to as
"Basalt",.the ASPEN FIRE PROTECTION DISTRICT, aquasi-municipal corporation
hereinafter referred to as "Aspen Pire", the SNOWMASS-WILDCAT FIRE PROTECTION
D1STR[CT, aquasi-municipal corporation hereinafter referred to as "Snowmass Fire", the
BASALT AND RURAL FIRE PROTEC"PION DIS"fRICT, aquasi-municipal corporation
hereinafter referred to as "Basalt Fire", the ASPEN AMBULANCE DISTRICT, hereinafer
referred to as "Aspen Ambulance", the CARBONDALE AND RURAL FIRE PROTECTION
DISTRICT, hereinafter referred to as "Carbondale Pire".
WITNESSETH:
WHEREAS, pursuant to Article 1 1 of Title 29, C.R.S., as amended, the above-listed
parties have operated a joint emergency telephone services serving their respective jurisdictions,
pursuant to agreement dated August 16, 1994; and
WHEREAS, Part 2 of Article I of Title 29, C.R.S., as amended, encourages and
authorizes agreements of this nature; and
WFIEREAS, it would serve the public welfare and be in the best interest of all of the
above-references parties to continue to participate in the organization, administration and
common use of a central emergency telephone service authority; and
WHEREAS, the parties desire to enter into this Intergovernmental Agreement for the
following purposes:
1, 'fo continue in existence a separate legal entity lutown as the "Aspen-Pitkin
County Emergency Telephone Service Authority" (hereinafter referred to as the
"Atthority") which shall. be responsible for administering the operation of the
emergency telephone service program; and
Final - 03/25/09
Aspen-Pitkin County Emergency Telephone
Service Authority Intergovernmental Agreement
2. To define the manner in which each of the parties will participate in the
Authority; and
NOW, THEREFORE, in consideration of the mutual covenants hereinafter contained, the
parties agree as follows:
1. DEF[NI'fIONS
The definitions for the terms "emergency telephone charge", "emergency telephone
service", "exchange access facilities", "governing body", "public agency", "service supplier",
"service user", and "rates" as used in this Intergovernmental Agreement shall be the same as the
definitions provided for those terms in Section 29-I 1-107, C.R.S. as amended.
11, GENERAL PROVISIONS
'fhe parties hereby agree to continue their participation in a separate legal entity to be
known as the "Aspen-Pitkin County Emergency'I'elephone Service Authority" which shall be
responsible for administering the operation of the emergency telephone service program as
described below.
IIL, EMERGENCY 1•ELEPHONE SERVICE AU1'HORI"1'Y BOARD
The governing Board for the Authority shall consist of five (5) members which shall be
comprised of the following individuals:
I. Sheriff of the County of Pitkin or his designee in writing;
2. Police Chief of the City of Aspen or his designee in writing;
3. Police Chief of the Town of Snowmass Village or his designee in writing;
4. Police Chief of the Town of Basalt or his designee in writing;
5, A Special District Representative, selected by the five special districts; Aspen
Ambulance, Aspen Fire, Basalt Fire, Carbondale Fire and Snowmass Fire.
Final - 03/25/09 2
Aspen-Pitkin County Emergency Telephone
Service Authority Intergovernmental Agreement
IV. RULES AND REGULATIONS
The governing board. for the Authority may pass supplementary rules and regulations as it
deems necessary provided the supplementary rules and regulations are in compliance with
Articles 1 and 2 of Title 29, C.R.S., as amended, and this Intergovemmenta) Agreement.
Any capital expenditures of $25,000.QO or greater shall require atwo-thirds (2/3) vote by
the governing board of the Authority.
V. POWERS OP THE AUTHORITY
The patties hereto agree that the Authority shall be empowered with the authority to contract
for the installation and operation of an emergency telephone service and may pay such costs by
collecting an emergency telephone charge for such service in the service area which is within the
jurisdiction and authorized by this Intergovernmental Agreement and by ordinance or resolution
of the respective parties hereto. The Emergency Telephone Service Authority is hereby
authorized to collect an emergency telephone charge as imposed by the governing bodies of the
respective parties in an amount not to exceed one dollar and twenty five cents ($L2S), in those
portions of the service area for which emergency telephone service. is to be provided. The funds
so collected shall be spent solely to pay for the equipment costs, installation costs, costs directly
related to the continued operation of an emergency telephone service, monthly recurring charges
billed by the service suppliers for the emergency telephone service or any other items stated in
Section 29-1 I-104, C.R,S. as amended. 17te funds so collected shall be credited to a cash fiord
separate and apart fiom the general fund of any public agency parties under this
Intergovernmental Agreement. Any funds remaining in the account at year end shall be carried
over to the next succeeding year for the same purposes in supplying emergency telephone
service. If the emergency telephone service is ever tliscontinued, any balance in the account may
be transferred to the general fiord of the public agenoies on a proportionate basis as to the
contributions made by each respective public agency.
In addition, the Authority may do any other act allowed by law as may be necessary for
the provision of initial services and for the continued operation of the emergency telephone
service; including, specifically, the ability to negotiate with equipment vendors and service
suppliers for the purpose of obtaining the benefit of technological. developments which the
Final - X3/25/09
Aspen-Pitkin County Emergency Telephone
Service Authority Intergovernmental Agreement
Authority deems necessary to improve or enhance the quality and efficiency of service to be
provided to the users.
VI. BASIS FOR CONTRIBUTION AND CHARGES TO BE IMPOSED BY THE
AUTHORITY
The parties hereto agree that the basis for contribution and charges to be imposed on
"Service Users" shall be in accordance with the provisions governing the same in C.R.S. 29-1 I -
101 et seq. The parties agree that the Authority may request from the service supplier those
figures required to impose a contribution or charge and to make a determination of the
connribution or charge based on those figures. The parties further agree whenever those figures
are required for any contribution or charge, the figures used shall be the most recent available at
the time such figures are needed, unless otherwise specified herein.
VII. BUDGET AND OPERATING COSTS
in the event that the Authority believes funds for operating costs not paid by the
emergency telephone charge are necessary, it shall prepare a budget and submit a budget request
to the Board of County Commissioners by the annual budget deadline of each year that this
Agreement is in effect. "I•he Board of County Commissioners shall consider funding the budget
request in the County's annual appropriation.
Should fending from the Board of County Commissioners not be forthcoming, or if any
funding so provided shall be deemed insufficient by the Authority, the Authority may then
present its request to the parties hereto who shall consider the budget submitted and determine a
basis for contributing to the budget request at that time; however, no party may be obligated for
the payment of any monies without its prior approval.
V1I1. PUNllS AND OPERATIONS
The various monies paid into the Authority by the parties hereto, for operating costs shall
be used by the Authority solely for operating costs. Further, the various monies paid into the
Authority pursuant to the uniform charge per exchange access facility shall be placed in a
separate designated cash fund and shall be paid from said fund only for equipment costs,
installation costs, costs directly related to the continued operation of an emergency telephone
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Aspen-Pitkin County Emergency Telephone
Service Authority Intergovernmental Agreement
service, and for the monthly recurring charges billed by the services suppliers for the emergency
telephone service or as stated in Section 29-I 1-104, G.R.S. as amended.
No disbursement shall be made froth the fwtds of the Authority except by check and
unless a verified claim for services or commodities actually rendered or delivered has been first
submitted and approved for payment by the Authority, said approval being evidenced by the
Chair and Administrative Assistant of said Authority.
The Authority shall not borrow money nor shall it approve any claims or incur any
obligations for expenditure unless there is sufficient unencumbered cash in the appropriate fund,
credited to the Authority, with which to pay the same.
The Authority may invest any funds paid into the Authority only in accordance with any
applicable laws of the State of Colorado governing the investment of public funds.
Nothing herein, however, prevents the Authority from returning any surplus operating
revenues provided by the parties hereto for the operation of this emergency telephone service to
the respective parties hereto in the same proportion that said parties were originally required to
contribute for operation.
IX. I3O0KS AND RECORDS
The Authority shall maintain adequate and correct accounts of their funds, properties and
business transactions, which accounts shall be open to inspection at any reasonable time by die
parties hereto, their. attorneys, or their agents. The Authority shall cause to be conducted an
annual audit, if requested, which audit shall be conducted by an independent certified public
accountant licensed to practice in the State of Colorado. The Authority shall file a copy of said
audit with the governing bodies of the respective parties hereto.
X. REPORTS
If requested, the Authority shall prepare and present to the respective city councils,
boards of directors of the special districts, and Board of County Commissioners of Pitkin
County, a Comprehensive Annual Report of the Authority's activities and finances during the
preceding year.
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Aspen-Pitkin County Emergency Telephone
Service Authority Intergovernmental Agreement
The Authority shall also prepare and present such. reports as may be required by law,
regulation or contract to any authorized federal and/ or state officials or to whom such report is
required to be made in the course and operation of the Emergency Telephone Service Authority.
The Authority shall also render to the parties hereto, at reasonable intervals, such. reports
and accounting as the parties hereto may from time to time request.
Xl. DEFAULT IN PERFORMANCE
In the event any party fails to pay its share of the operating costs then due, or to perform
any of its covenants and undertakings under this Agreement, the Authority shall cause written
notice of the Authority's intention to terminate said Agreement as to such party in default to be
given to that party's governing body unless such default is cured within thirty (30) days from the
date of such notice. Upon failure to cure said defaults within said thirty (30) day period, the
membership in the Authority of the defaulting party shall thereupon terminate and said party
shall thereafter have no voting rights as a member of the Authority at any annual or specit7c
meetings thereof, nor be entitled to representation on the Authority, and said party shall
thereafter be denied service by the Authority.
Furlhennore, any party who is terminated under the provisions of this Section of the
Agreement shall forfeit all right, title and interest in and to auy property acquired by the
Authority to which said patty may otherwise be entitled upon the dissolution of this Agreement.
This article is not intended to limit the right of any party under this Agreement to pursue and all
other remedies it may have for breach of this Agreement.
XII.'I'ERMINA'1'ION OF AGREEMENT
A. 'this Agreement shall be in full force and effect upon the execution of this Agreement
by all ofthe parties listed herein, and shall continue in full force and effect, subject to
amendments, or until sooner termination by a majority of the parties hereto.
D. This Agreement, or any party's participation in this Agreement, may be terminated by
written notice from the party or parties to the Authority at least one hundeed eighty
(180) days prior to January 1 ofany given year.
C. Upon termination by mutual agreement of a majority of the parties to this Agreement,
the powers granted to the Authority under this Agreement shall continue to the extent
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Aspen-pitkin County Emergency Telephone
Service Authority Intergovernmental Agreement
necessary to make an effective disposition of the property, equipment and monies
required to hold. pursuant to this Agreement.
D, In the evenC that any party hereto elects to terminate its participation in the Agreement
prior to the end of any period of this Agreement not in accordance with subsection B
of this Agreement and accordingly shall forfeit its entire interest in the emergency
telephone service. Provided however, if in the event that any party in good standing
hereto elects to participate in an emergency telephone sewice other than that operated.
by the Authority created hereby, such party or parties shall have the right to utilize
airy and all nehvork equipment installed in service supplier facilities and paid for by
the Authority without charge or reimbursement to this Authority subject, however, to
any or all costs charged by the service supplier.
XIII. AMF,NDMF,NT
This agreement may be amended by the parties from time to time, but any amendment
shall be in writing and executed by all the parties hereto.
XIV. SEVERABILITY CLAUSE
If any provision of this Agreement or the application hereof to any party or circumstances
is held invalid, such invalidity shall not affect other provisions or applications of the Agreement
which can be given effect without the invalid provision or applications, and to this end the
provisions of the Agreement are declared to be severable.
IN WITNESS WHEREOF, the parties hereto have caused their representatives to affix
their respective signatures hereto, as of the day and year herein set forth.
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Aspen-Pitkin County Emergency Telephone
Service Authority Intergovernmental Agreement
COUNTY OF PITKIN
By ~ ~ ~~,d~•~~-
Chainnan BOCC
Date ®5- (3 -0 9
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Service Authority Intergovernmental Agreement
CITY OP ASPEN
Mayor
Date ~ ~ f{~ ~ p /~
Final -- 03!25!09
Aspen-Pitkin County Emergency Telephone
Service Authority Intergovernmental Agreement
TOWN OF SNOWMASS VILLAGE
Mayor
Date 4' 9 ~ ag
Final - 03/25/09 10
Aspen-I'itkin County Emergency Telephone
Service Authority Intergovernmental Agreement
TOWN OF BASALT
J G y
By ~ ~~~ fi7i_~.a
Mayor
Date tJ `-~ ~J~~.'~ ~iC-' ~t
Piual - 03/25/09 11
Aspen-Pitkin County Emergency Telephone
Service Authority Intergovernmental Agreement
ASPEN FIRE PROTEC'['ION DISTRICT
._
-~
j __
Bye' ~` '. ~_~.
Chairperson
Date ,S•~2C2'/~K'
Final - 03!25/04 12
Aspen-Pitkin County Emergency'I'elephone
Service Authority Intergovermnental Agreement
BASALT AND RURAL. FIRE PROTECTION DISTRICT
~ ~.
j~ )
_.' Chairperson
Date ~ = ' ~-' ~'r~ ..__..
Final - 03!25109 13
Aspen-Pitkin County Emergency Telephone
Service Authority Intergovermnental Agreement
SNOWMASS-WILllCAT FIRE PROTECTION DISTRICT
By ~ ~oa~
Chairperson
Date ~ (2~ ~ ~Q
Final - 03/25/09 14
,~~
Aspen-Pitkin County Emergency Telephone
Service Authority Intergoverumeotal Agreement
CARBONDALE AND RURAL FIRE PROTECTION DISTRICT
Chairperson
Date y'~'" ~~
Final - 03/25/09 15
Aspen-Pitkin County Emergency Telephone
Service Authority Intergovarmnental Agreement
A~
I3y
Final - 03/25/09 16