HomeMy WebLinkAbout931204.tiff APPROVAL OF AMENDMENT TO INTERGOVERNMENTAL AGREEMENT FOR
ESTABLISHMENT OF THE WELD 911 EMERGENCY TELEPHONE
SERVICE AUTHORITY BOARD
WHEREAS, on November 4 , 1987 the below-named entity approved
the Intergovernmental Agreement for the Establishment of the Weld
911 Emergency Telephone Service Authority Board, which became
effective on November 4 , 1987 , and
WHEREAS, copy of said Intergovernmental Agreement is attached
hereto and is referred to herein as "Exhibit A, " and
WHEREAS, the Weld 911 Emergency Telephone Service Authority
Board has approved and recommends to all authorizing jurisdictions
an amendment to Exhibit A, which amendment is set forth below, and
WHEREAS, pursuant to Section XIV of said Exhibit A, the
Intergovernmental Agreement may be amended by the parties from time
to time, but any amendment thereto must be in writing and executed
by all the entities who signed the same.
NOW, THEREFORE, the below-named local governmental entity, an
original party to the Intergovernmental Agreement which is attached
hereto as Exhibit A, hereby approves the following amendments to
said Intergovernmental Agreement:
Delete all of Section V, entitled "POWERS OF THE
CORPORATION, " and interject the following in its place:
V. POWERS OF THE CORPORATION
The parties hereto agree that the
Authority Board shall be empowered with the
authority to contract for the installation and
operation of a 911 emergency telephone service
and may pay such costs by collecting an emer-
gency 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 Authority
Board is hereby authorized to collect an
emergency telephone charge as imposed by the
governing bodies of the respective parties in
an amount as established by Section 29-11-102 ,
C.R. S . , in those portions of the service area
for which 911 emergency telephone service is
to be provided. The funds so collected shall
be spent as provided for in Section 29-11-104 ,
C.R. S . The funds so collected shall be
credited to a cash fund separate and apart
from the general fund of any of the public
agency parties or the Authority Board under
S3i2C4
m uc*. 5
this Intergovernmental Agreement . Any funds
remaining in the account at year' s end shall
be carried over to the next succeeding year
for the same purposes in supplying 911 emer-
gency telephone service . If the 911 emergency
telephone service is ever discontinued, any
balance in the account shall be transferred to
the parties to the Agreement, on a proportion-
ate basis , based on main telephone station
access lines within that agency' s jurisdic-
tion.
In addition, the Authority Board may do
any other act as may be necessary for the
provision of initial services and for the
continued operation of the 911 emergency
telephone service including, but not limited
to, the ability to negotiate with equipment
vendors and service suppliers for the purpose
of obtaining the benefit of technological
developments which the Authority Board deems
necessary to improve or enhance the quality
and efficiency of 911 service to be provided
to the users .
Delete all of Section VIII , entitled " 911 SYSTEM
OPERATING COSTS, " and interject the following in its
place:
VIII . 911 SYSTEM OPERATING COSTS
The monies paid into the Authority Board
pursuant to the emergency telephone charge
shall be placed in a separate designated cash
fund with the County Treasurer and shall be
paid from said fund only for system operating
costs . System operating costs shall be those
costs delineated in Section 29-11-104 , C.R.S .
No disbursement shall be made from the
funds of the Authority Board except by check
or warrant and unless a verified claim for
services or commodities actually rendered or
delivered has been first submitted and
approved for payment by the Authority Board,
said approval being evidenced by the President
and Secretary of said Authority Board, or by
majority vote of the Authority Board.
The Authority Board shall not borrow
money nor shall it approve any claims or incur
any obligations for expenditures unless there
is sufficient anticipated unencumbered cash in
the appropriate funds, credited to the
Authority Board, with which to pay the same.
The County Treasurer may invest any
monies paid into the Authority Board fund only
in accordance with any applicable laws of the
State of Colorado governing the investment of
public funds .
SIGNED this 17th day of November , 1993 .
Beebe Draw Law Enforcement� Authority Board
Constance L. Harbert, Chairman 11/22/93
SUBSCRIBED AND SWORN to before me this 17th day of
November , 19 93
WITNESS my hand and official seal .
Notary Public
915 10th St. , Greeley. , CO 80631
My commission expires : - y'_ 2 c1
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INTERGOVERNMENTAL AGREEMENT FOR ESTABLISHMENT OF THE
WELD 911 EMERGENCY TELEPHONE SERVICE AUTHORITY BOARD
This AGREEMENT, made and entered into as of this 4th day of
November, 1987 by and between the undersigned County, Municipal
Corporation, and Special Districts
WITNESSETH:
WHEREAS, pursuant to Article 11 of Title 29 , C .R. S . , as
amended, the undersigned County, Municipal Corporations , and
Special Districts are delegated the power to enter into agreements
for the purpose of providing 911 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
WHEREAS, it would serve the public welfare and be in the best
interest of all of the undersigned County, Municipal Corporations,
and Special Districts to participate in the organization,
administration, and common use of a central 911 emergency telephone
service authority board; and
WHEREAS, the parties desire to enter into this Intergovern-
mental Agreement for the following purposes : ( 1) to establish a
separate legal entity to be known as the "Weld 911 Emergency
Telephone Service Authority Board" (hereinafter referred to as the
"Board" ) which shall be responsible for administering the operation
of the 911 emergency telephone service program; and (2 ) to define
the manner in which each of the parties will participate in the
Board; and
WHEREAS, it is the intent of the parties, as soon as it is
technically and financially feasible, to commence installation of
an enhanced 911 system which will provide improved response
capability to those jurisdictions on the current service.
NOW, THEREFORE, in consideration of the mutual covenants
hereinafter contained, the parties agree as follows :
I . DEFINITIONS
The definitions for the terms "911 emergency telephone
charge, " "911 emergency telephone service, " "exchange access
facilities, " "governing body, " "public agency, " "service supplier, "
"service user, " and "tariff rates" as used in this Intergovern-
mental Agreement shall be the same as the definitions provided for
those terms in Section 29-11-101, C.R.S. , as amended.
Page 1 of 8 Pages
II . GENERAL PROVISIONS
The parties hereby establish a separate legal entity to be
known as the "Weld 911 Emergency Telephone Authority Board"
(hereinafter referred to as the "Authority Board" ) which shall be
responsible for administering the operation of the 911 emergency
telephone service program as described. The operation of said 911
emergency telephone service shall be as herein set forth.
III . WELD 911 EMERGENCY TELEPHONE SERVICE AUTHORITY BOARD
The Authority Board shall consist of seven ( 7 ) members to be
selected in the following manner:
1 . One member shall be selected by the County Commissioners
to represent law enforcement from a lit of nominees
submitted by cities and towns, except the City of Greeley
and City of Ft. Lupton, but each such entity may submit
no more than one nominee for each vacancy;
2 . One member shall be selected by the County Commissioners
to represent fire protection services from a list of
nominees submitted by special districts providing fire
protection and municipal fire departments , except the
City of Greeley and City of Lt. Lupton, but each such
entity may submit no more than one nominee for each
vacancy;
3 . One member shall be selected by the County Commissioners
to represent emergency medical services;
4 . One member shall be selected from the City of Greeley by
the Greeley City Council;
5 . One member shall be selected from the City of Ft. Lupton
by the Ft. Lupton City Council;
6 . One member shall be selected from members of the Board of
County Commissioners by the Board of County
Commissioners ;
7 . One member shall be selected by the County Sheriff .
8 . Members may be appointed to serve a consecutive term on
the Authority Board, but no member shall serve for more
than two (2 ) consecutive terms . The terms of all members
shall be two (2 ) years and shall expire on the second
Tuesday of January.
9 . Nothing in this section shall preclude either the law
enforcement agencies or Special Districts and munici-
palities providing fire protection from determining by
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a simple majority vote of all those nominating entities
the entities ' choice( s ) for appointment for the law
enforcement and fire protection positions . Upon written
notification to the County Commissioners of the
majority' s choice( s ) for appointment, the County
Commissioners shall make the appointments in accordance
with the majority ' s choice( s ) .
IV. RULES AND REGULATIONS
The Authority Board may pass supplementary rules and
regulations as it deems necessary provided the supplementary rules
and regulations are in compliance with Articles 1 and 11 of Title
29 , C .R. S . , as amended, and this Intergovernmental Agreement . The
Authority Board shall not be in conflict nor attempt to set
operating procedures or policies for city, town, fire protection
district, fire department, police department, sheriff department,
or any county operated entity.
V. POWERS OF THE CORPORATION
The parties hereto agree that the Authority Board shall be
empowered with the authority to contract for the installation and
operation of a 911 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 Authority Board is hereby
authorized to collect an emergency telephone charge as imposed by
the governing bodies of the respective parties in an amount as
established by Section 29-11-102 , C.R.S. , not-to-exceed-two-percent
{2%y-of-the-tariff-rate in those portions of the service area for
which 911 emergency telephone service is to be provided. The funds
so collected shall be spent as provided for in Section 29-11-104 ,
C. R. S . solely-to-pey fo. t-he-installation-eosts-atd fay the monthly
recurring-thu-Lyco -billed-ty--the-se vice--suppliers -for--t•he--9 f f
emergeney-teiephone--serniee- The funds so collected shall be
credited to a cash fund separate and apart from the general fund of
any of the public agency parties or the Authority Board under this
Intergovernmental Agreement . Any funds remaining in the account at
year' s end shall be carried over to the next succeeding year for
the same purposes in supplying 911 emergency telephone service . If
the 911 emergency telephone service is ever discontinued, any
balance in the account shall be transferred to the parties to the
Agreement, on a proportionate basis, based on main telephone
station access lines within that agency' s jurisdiction.
In addition, the Authority Board may do any other act as may
be necessary for the provision of initial services and for the
continued operation of the 911 emergency telephone service
including, but not limited to, the ability to negotiate with
equipment vendors and service suppliers for the purpose of
Page 3 of 8 Pages
obtaining the benefit of technological developments which the
Authority Board deems necessary to improve or enhance the quality
and efficiency of 911 service to be provided to the users .
VI . TECHNICAL ADVISORY COMMITTEE
The Authority Board may create a technical committee from
entity representatives . The committee shall serve in an advisory
capacity to the Authority Board.
The committee shall make recommendations regarding the design,
equipment selection, installation, maintenance, and issues directly
related to the continued operation of the 911 emergency telephone
service . These recommendations shall be based upon the needs of
the entities hereto .
This committee has no authority to incur any expense nor the
commitment of any funds associated with the equipment costs ,
installation costs , or any other costs related to the 911 emergency
telephone service .
VII . BASIS FOR CONTRIBUTION AND CHARGES TO
BE IMPOSED BY THE AUTHORITY BOARD
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 Section 29-11-101, et
seq. , C . R. S . , as amended. The parties agree that the Authority
Board may request from the service suppliers those figures required
to impose a contribution or service charge and to make a
determination of the contribution or service charge based on those
figures . The parties further agree whenever those figures are
required for any contribution or service charge the figures used
shall be the most recent available at the time figures are needed,
unless otherwise specified herein.
VIII . 911 SYSTEM OPERATING COSTS
The monies paid into the Authority Board pursuant to the
emergency telephone charge shall be placed in a separate designated
cash fund with the County Treasurer and shall be paid from said
fund only for system operatin• costs . System operatin• costs shall
be those costs delineated in Section 29-11-104 , C. R. S . defined-as
instai1atien-costa,-- quipments-costs;-repair-end-ma-int-enenee-Bests;
and--for-t-he--monthly--reeurri-ng-charges--biiied--by-tte--service
suppliers-of-the-9H}-emergency-telephone-service-
No disbursement shall be made from the funds of the Authority
Board except by check or warrant and unless a verified claim for
services or commodities actually rendered or delivered has been
first submitted and approved for payment by the Authority Board,
said approval being evidenced by the President and Secretary of
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said Authority Board, or by majority vote of the Authority Board.
The Authority Board shall not borrow money nor shall it
approve any claims or incur any obligations for expenditures unless
there is sufficient anticipated unencumbered cash in the
appropriate funds , credited to the Authority Board, with which to
pay the same.
The County Treasurer may invest any monies paid into the
Authority Board fund only in accordance with any applicable laws of
the State of Colorado governing the investment of public funds .
IX. BUDGET
The Authority Board shall prepare annually a budget in
accordance with the Local Government Budget Law of Colorado .
Each year in which the Authority board believes funds for
operating costs in excess of revenues anticipated from the
emergency telephone charge are necessary, it shall prepare a budget
and submit a budget request to the Board of County Commissioners by
July 1 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 Board, the Authority Board 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 in excess of the funds generated by the
uniform service charge without its written approval .
X. BOOKS AND RECORDS
Weld County, under direction of the Authority Board, shall
maintain adequate and correct accounts of the Authority Board' s
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 County 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 County shall provide a copy of said
audit to the Authority Board and to the governing bodies of the
respective parties hereto upon request.
XI . REPORTS
Within thirty ( 30) days after the end of each fiscal year as
designated by the Authority Board, the Authority Board shall
prepare and present to the respective City Councils , Town Boards of
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Trustees , Boards of Directors of the Special Districts , and County
Commissioners of Weld County a comprehensive annual report of the
Board' s activities and finances during the preceding year.
The Authority Board shall also prepare and present such
reports as may be required by law, regulation, or contract to any
authorized federal and/or state agency or to whom such report is
required to be made in the course and operation of the Weld 911
Emergency Telephone Service Authority Board.
The Authority Board shall also render to the parties hereto,
at reasonable intervals, such reports and accounting as the
entities hereto may from time to time request.
XII . DEFAULT IN PERFORMANCE
In the event any party fails to pay its share of the
administrative or operating costs when then due or to perform any
of its covenants and undertakings under this Agreement, the
Authority Board shall cause written notice of the Authority Board ' 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 Board of the defaulting party shall
thereupon terminate and said party shall thereafter have no voting
or nominating rights as a member of the Authority, nor be entitled
to representation on the Authority Board, and said party shall
thereafter be denied service on the Authority Board.
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 of or within the Agreement to
which it 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 any and all other remedies it
may have for breach of this Agreement .
XIII . 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 in
Attachment "A" hereto, and the parties entering into this
Agreement shall have the option to continue this Agreement,
subject to amendments , or until sooner terminated by a
majority of the parties hereto .
B. Any party' s participation in this Agreement may be terminated
by written notice from the party or parties to the Authority
Board at least one hundred eighty ( 180) days prior to January
1 of any given year. Upon final termination of participation,
such entity shall forfeit all right, title, and interest in
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and to any property, monies , and equipment acquired by the
Authority Board.
C . Disbanding of the Authority Board in this Agreement shall only
be by mutual agreement of a majority of the parties to this
Agreement . In the event of disbanding, the powers granted to
the Authority Board under this Agreement shall continue to the
extent necessary to make an effective disposition of the
property, equipment, and monies held pursuant to this Agree-
ment. The property, equipment, and monies , upon disbanding,
shall be distributed according to the following priorities :
1 . If any public entity possessing the appropriate authority
indicates an intent to continue 911 service county-wide,
then all property, monies , and equipment shall go to said
entity.
2 . Any entities intending to provide 911 service in a
portion of the County shall receive a share based upon
the percentage of the County-wide telephone accesses to
be served.
3 . If no entity intends to continue 911 service, then
monies , equipment, and property shall be returned to the
parties to the Agreement at the time of disbanding in
proportion to their contribution during the duration of
the Agreement .
D. In the event that any party hereto elects to terminate its
participation in this Agreement prior to the end of any period
of this Agreement not in accordance with subsection B of this
section, that-any-such entity shall be considered in default
of this Agreement and, accordingly, shall immediately forfeit
its entire interest in the 911 emergency telephone service .
XIV. AMENDMENT
This Agreement may be amended by the parties from time to
time, but any amendment shall be in writing and executed by all
entities hereto.
XV. LIABILITY OF BOARD OF DIRECTORS,
OFFICERS, AND EMPLOYEES
The Authority Board as an entity shall indemnify and hold
harmless individual members of the Authority Board and officers of
the Authority Board from claims or judgments of third parties
resulting from acts and omissions attributable to the good faith
performance of the work of the Authority Board. The County, as
part of its contribution to the Authority, shall purchase insurance
to provide coverage for the governing board members and the
Authority Board against suit or suits which may be brought against
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said members of the Board involving or pertaining to any of their
acts or duties performed or omitted in good faith for the Authority
Board.
The County may obtain a bond or other security to guarantee
the faithful performance of the duties of the members of the
Authority Board.
XVI . NOTICE
Any notice required to be given under this Agreement shall be
deemed to be made by dispatch of a register or certified letter,
return receipt requested to the address of the entity below stated
or as may be amended by notice to each of the other parties .
XVII . SEVERABILITY CLAUSE
If any provision of this Agreement or the application hereof
to any party or circumstances is held invalid, such invalidity
shall not effect other provisions or applications of the Agreement
which can be given effect without the invalid provision or
application, and to this end the provisions of the Agreement are
declared to be severable .
XVIII . CHOICE OF LAW AND VENUE
This Agreement shall be interpreted in accordance with the
laws of the State of Colorado and venue shall be proper for any
dispute arising out of this Agreement in the District Court in and
for the County of Weld.
XIX. EXECUTION OF DUPLICATE ORIGINALS
Execution of this Agreement shall be by execution of a
separate duplicate original by each of the parties hereto .
Execution shall not be effective until the originals are filed with
the Clerk to the Board of County Commissioners , P .O. Box 758 ,
Greeley, Colorado 80632 . Said Clerk will provide notice to the
parties when execution by all parties is complete under XIII A.
IN WITNESS WHEREOF, the parties hereto have caused their
representatives to affix their respective signatures hereto, as of
the day and year hereinafter set forth.
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