HomeMy WebLinkAboutresolution.council.002A-90 PITKIN COUNTY/CITY OF ASPEN
TOWN OF SNOWMASS VILLAGE
TOWN OF BASALT
JOINT AGREEMENT
COUNTY NO.
CITY NO.
TOWN NO.
BASALT NO.
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 SNOWMASS VILLAGE, COLORADO ("Town") ,. and 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 and
January 3 , 1983 ; and
WHEREAS, the parties agreed to a restructuring of this system
whereby the system became a department of the 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
year 1990, which agreement is intended by the parties to replace
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and supersede all earlier agreements, amendments and additions
thereto.
NOW, THEREFORE, COUNTY, CITY, TOWN, AND BASALT AGREE AS
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 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 for 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 responsible for the Center.
6. The County, through the Center, shall supply emergency
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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:
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 in writing, is an ex-officio member of the Board and
is not entitled to vote on matters coming before the Board.
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, 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
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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. Provide policy guidance and direction to the
Director of the Center as the Board deems necessary 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 system shall be supervised
by a Director, who shall have the following authority, duties and
responsibilities:
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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 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.
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(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.
C. Recordkeeping:
(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 Mondays on phone lines into the
Communications 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 changes shall be first
approved by the Communications Board and then forwarded to the
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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 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
d. Town of Basalt - 3%
14 . 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 16.
15. Any 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 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, 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 be renewed and/or 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 of the County.
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IN WITNESS WHEREOF, the parties hereto have set their hands
and seals on the days and year shown.
BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO
DATE: By:
ATTEST:
County Clerk
=Z ND C D OR APPROVAL:
Robert Braudis, Sheriff
APPROVED AS TO FORM:
A�'
.-County Attorney
THE CITY F ASPEN, LORADO
Date:— By
ATTEST:
City Cle;
LACCEP D AND RECOMMENDED FOR APPROVAL:
John G odwin, Police Chirf
APPROVED AS TO FORM:
City Attorney
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THE TOWN 0 S 0 S VILLAGE,
COLORADO
Date: .24 ��90 g1,.
RICHARD G. WALL, Mayor
iTTW N c .
HARMON
ACCEPTED AND RECOMMENDED FOR APPROVAL:
Art Smy e, olice Chief
APPROVED AS TO FORM:
Town Attorney
THE TOWN OF BASALT
COLORADO
Date: By:
ATTEST:
Town Clerk
ACCEPTED AND RECOMMENDED FOR APPROVAL:
James Usti , Police Chief
APPROVED AS TO FORM:
Town Attorney
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EX H 18 IT "A''
10/07/89 1990 BUDGET
(comshare) SHARES OF PROPOSED DISPATCH BUDGET
Pitco City Snwmss Basalt
Total share share share share Total
Description Budget 43.09 43.09 11.09 3.09 . 100.09
--------- --------- --------- --------- --------- ---------
OPERATING BUDGET (excludes records) ,
REVENUES 18,000 7,740 7,740 1,980 540 18,000
EXPENDITURES:
Labor 453, 117 194,840 194,840 49,843 13,594 453, 117
Purchased services 11,990 5, 156 5, 156 1,319 360 11,990
Materials & Supplies 4,950 2,129 2,129 545 149 4,950
Equipment 0 0 0 0
0 0
Cost cntr allocation 31,624 13,598 13,598 3,479 949 31,624
--------- --------- --------- --------- --------- ---------
501,681 215,723 215,723 55,185 15,050 501,681
NET EXPENDITURES 483,681 207,983 207,983 53,205 1.4,510 483,681
CAPITAL REPLACEMENTS
(See detailed schedule) 10,060 4,326 4,326 1,107 302 10,060
CAPITAL IMPRVMNT PROJECTS:
DEVELOPMENTAL PROJECTS:
ADJUSTMNTS TO OPERATNS:
1) Reclassificatns in labor $ Approved in 1989
2) Increase in overtime 6,827 Appears in basic operations
PROPOSED BUDGET 493,741 212,309 212,309 54,312 14,812 493,741
INTERGOVERNMENTAL AGi-.-_- F;MENT CONCERNING THE IMPLEMENTATION OF AN
"ENHANCED 9-1-1" EMERGENCY TELEPHONE SERVICE"
THIS AGREEMENT, made and entered into the 13th day of March,
1990, 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, a quasi-municipal
corporation 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, 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" .
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
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WHEREAS, it would serve the public welfare and be in the
best interest of all of the above-references parties 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 establish a separate legal entity to be known as the
"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
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 definitions for the terms "emergency telephone charge" ,
"emergency telephone service" , "exchange access facilities" ,
"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 in 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 "Emergency Telephone Service Authority" (hereinafter
referred to as the "Authority") which shall be responsible for
administering the operation of the emergency telephone service
program as described below.
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III. EMERGENCY TELEPHONE SERVICE AUTHORITY BOARD
The governing Board for the Authority shall consist of five
(5) members to be selected in the following manner:
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 Fire Protection 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 member 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.
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 I and II of Title 29 , C.R.S. , as amended, and this
Intergovernmental Agreement.
Any capital expenditure of $25, 000. 00 or greater shall
require a two-thirds (2/3) vote by the governing board of the
Authority.
V. POWERS OF THE CORPORATION
The parties hereto agree that the Authority shall be
empowered with the authority to contract for the installation and
operation of an emergency telephone service and may pay such
costs by collecting an emergency telephone charge for such
service in the service area which is within the jurisdiction and
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authorized by this Intergovernmental Agreement and by ordinance
or resolution of the respective parties hereto. The Emergency
Telephone Service Authority is hereby authorized to collect an
emergency telephone charge as imposed by the governing bodies of
the respective parties in an amount not to exceed Two Percent
(2%) of the tariff rate or fifty cents ($. 50) , whichever is less,
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 supplier for
the emergency telephone service. 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 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
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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.
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
sea. 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 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.
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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 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
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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, 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
Within sixty (60) days after the end of each fiscal year,
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
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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
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 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 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 all costs charged by
the service supplier.
XIII. 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.
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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.
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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- CITY OF ASPEN
Y By
TOWN OF SNOWMASS VILLAGE TOWN OF BASALT
r
By By
ASPEN FIRE PROTECTION DISTRICT SNOWMASS-WILDCAT FIRE
PROTECTI N ISTRI. T
By B
BASALT AND RURAL FIRE ASPEN AMBULANCE DISTRICT
PROTECTION DISTRICT
By By
CARBONDALE AND RURAL FIRE
PROTECT ON DISTRIC
Bbl
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