HomeMy WebLinkAboutResolution-1997-1636
RESOLUTION NO. 1636
series of 1997
TITLE:
RESOLUTION APPROVING PROPOSED THIRD AMENDMENT TO
INTERGOVERNMENTAL AGREEMENT WITH PARTICIPATING ENTITIES
TO THE EMERGENCY TELEPHONE SERVICE AUTHORITY CONCERNING
IMPLEMENTATION OF AN E-911 EMERGENCY TELEPHONE SERVICE
WHEREAS, section 14.2 of the Home Rule Charter of Wheat
Ridge provides express authority to enter into intergovernmental
agreements providing for cooperative efforts between governments;
and
WHEREAS, the city of Wheat Ridge and participating
entities to the Emergency Telephone Service Authority wish to
jointly improve the efficiency of the Emergency Telephone
Authority; and
WHEREAS, in the spirit of cooperation, the City of Ridge
agrees to allow the Emergency Telephone Authority to recognize
certain revisions set forth in the attached Third Amendment to the
Intergovernmental Agreement for the Jefferson County Emergency
Telephone service;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Wheat Ridge, Colorado, as follows:
1. That certain proposed Third Amendment to the
Intergovernmental Agreement of the E-911 Emergency Telephone
Service, attached hereto, is hereby approved.
DONE AND RESOLVED this 24th day of November
, 1997.
(
ATTEST:
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Wanda Sang, city Clerk
THIRD AMENDMENT TO THE
INTERGOVERNMENTAL AGREEMENT
CONCERNING THE IMPLEMENTATION OF
AN "E911" "EMERGENCY TELEPHONE SERVICE"
THIS THIRD AMENDMENT to the Intergovernmental Agreement concerning the
implementation of an E-911 Emergency Telephone Service (the "Agreement") is dated for
references purposes only January 1, 1998. The Agreement, made and entered into on the 8th day
of October, 1983, was entered into by and between the following parties: COUNTY OF
JEFFERSON, a body politic and corporate, hereinafter referred to as "County", the CITY OF
ARV ADA, a municipal corporation, the CITY OF BROOMFIELD, a municipal corporation,
the CITY OF EDGEW ATER, a municipal corporation, the CITY OF GOLDEN, a municipal
corporation, the TOWN OF LAKESIDE, a municipal corporation, the CITY OF
LAKEWOOD, a municipal corporation, the TOWN OF MORRISON, a municipal
corporation, the TOWN OF MOUNTAIN VIEW, a municipal corporation, the CITY OF
WESTMINSTER, a municipal corporation, the CITY OF WHEAT RIDGE, a municipal
corporation, ARV ADA FIRE PROTECTION DISTRICT, COAL CREEK CANYON FIRE
PROTECTION DISTRICT, ELK CREEK FIRE PROTECTION DISTRICT;
EVERGREEN FIRE PROTECTION DISTRICT, FAIRMOUNT FIRE PROTECTION
DISTRICT, FOOTHILLS FIRE PROTECTION DISTRICT, formerly known as ldledale,
Lookout and Mount Vernon Fire Protection District, GENESEE FIRE PROTECTION
DISTRICT, INTER-CANYON FIRE PROTECTION DISTRICT, INDIAN HILLS FIRE
PROTECTION DISTRICT, LITTLETON FIRE PROTECTION DISTRICT, NORTH
METRO FIRE RESCUE AUTHORITY, WEST ADAMS FIRE PROTECTION
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DISTRICT, PLEASANT VIEW METROPOLITAN DISTRICT, WEST METRO FIRE
PROTECTION DISTRICT, formerly known as Lakewood and Bancroft Fire Protection
Distncts, and WHEAT RIDGE FIRE PROTECTION DISTRICT.
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
WHEREAS, the parties to the Agreement are desirous of amending the Agreement in the
manner set forth herein.
NOW, THEREFORE, in consideration of the mutual covenants hereinafter contained,
the parties agree to amend Articles I, II, III, V, VIII, XI, and XII of the Agreement as provided
below and that this Third Amendment contains all of the provisions of the Agreement as
amended or which remain in effect.
I. DEFINITIONS
The definitions for the terms "basic emergency service providers", "emergency telephone
charge", "emergency telephone service", "exchange access facilities", "governing body", "public
agency", "service supplier", "service user", "tariff rates", "wireless communications access" and
"wireless carrier" 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.
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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.
The parties hereto will provide to the Authority certain property for the purpose of
organizing, administering and operating an emergency telephone service program on the property
so provided. The operation of said emergency telephone service shall be as herein set forth.
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 selected from a list of nominees submitted by cities and
towns, but each such entity may submit no more than one nominee for each
vacancy;
2. two members shall be selected from a list of nominees submitted by special
districts, but each such entity may submit no more than one nominee for each
vacancy;
3. a) one member of the Board of County Commissioners of Jefferson County shall
be designated annually to serve as the County's representative on the Authority
Board for the term of such appointment and continuing thereafter until a successor
is duly appointed;
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b) two members shall be nominated by special districts as provided in the
Agreement and shall be appointed by the Board of County Commissioners;
c) two members shall be nominated by cities and towns as provided in the
Agreement and shall be appointed by the Board of County Commissioners;
d) no individual nominated either by cities and towns, or by special districts shall
serve more than two consecutive four-year terms;
e) an individual appointed to complete an unexpired four-year term of a prior
Board Member may be reappointed to one or more full four-year terms, provided
that in no event shall the total length of service of such Board Member exceed ten
calendar years;
f) a member of the Authority Board eligible to serve for an additional term and
who expresses a desire to continue to serve on such Board may be reappointed by
tl1e Board of County Commissioners without a requirement for additional
nommations for such position.
4. Nothing in this section shall preclude either cities and towns or special districts
from determining by a simple majority vote of all the nominating entities, tl1e
entitles' choice(s) for appointment. Upon written notification to tl1e Board of
County Commissioners of the Majority's choice(s) for appointment, the County
Commissioners shall make the appointments in accord with the majority's
choice(s).
5 The board members of the Authority may designate an alternate to attend board
meetings and vote on their behalf so long as the alternate is identified in writing to
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the other members of the board prior to the alternates attendance or vote at any
meeting.
IV. RULES AND REGULA nONS
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 11 of Title 29, C.R.S., as amended, and this Intergovernmental Agreement.
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 through a delegation of power to the Authority in those portions of the
service area for which emergency telephone service is to be provided. The Authority is
authorized by the parties to set the rate of charge as provided by statute so long as fue rate does
not exceed the maximum amount permitted by 29-11-102(2)(a), C.R.S. for exchange access
facilities and wireless communications access. Prior to increasing or decreasing the rate of
charge the Authority shall first give public notice of its intent in a newspaper of general
circulatIOn within Jefferson County and hold a public hearing thereon at which time any
interested person may be present and appear.
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The funds so collected shall be spent solely to pay for the costs of equipment and
installation; the monthly recurring charges billed by the service suppliers for the emergency
telephone service and any other costs and expenses authorized by Article 11, Title 29 of the
Colorado Revised Statutes.
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 under this Intergovernmental
Agreement. Any funds remaining in the account at year end shall be carried over to the next
succeeding year from 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 service provided.
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, BESPs 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.
The Authority may conveyor transfer ownership of property and equipment purchased
for the operation of emergency telephone service to a party to this Agreement if such property or
equipment is located on the party's property and operated by such party.
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 Sections 29-11-
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101 et seq., C.R.S., as amended. The parties agree that the Authority may request from the
service supplier or BESPs 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
Each year, in which the Authority believes funds for operating costs 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 time; however, no party may be obligated for
the payment of any monies without its 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 and wireless
communications access shall be placed in a separate designated cash fund and shall be paid from
said fund only for the costs and expenses for which such funds are authorized to be spent
pursuant to Article 11, Title 29 of the Colorado Revised Statutes.
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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
signature of two officers 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, 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.
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X. REPORTS
Within thirty (30) 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 Jefferson 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.
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 undertakmgs 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 of or within the Agreement to which it may otherwIse be entitled upon the
M:IGROUPS\A TTORNEY\BOARDSIE-911 19-97 .IGA
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dissolution of this Agreement. Any property or equipment which has been purchased with
Authority funds for a party or conveyed to a party by the Authority shall be reconveyed to the
Authority by the defaulting party within fifteen (15) days after the defaulting party's membership
has terminated as set forth above. 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.
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 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. This Agreement, or any party's participation in this Agreement, may be
terminated by written notice [rom the party or parties to the Authority at lease one hundred
eighty (180) days prior to January 1 of any given year. Any property or equipment which has
been purchased with Authority funds for a party or conveyed to a party by the Authority shall be
reconveyed to the Authority by the party terminating its membership within 180 days after
giving written notice of the party's intent to terminate its participation in the Authority.
C. Upon termination of this Agreement by mutual agreement ofa 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 or held pursuant to this Agreement. Upon such termination any property or
equipment previously transferred to a party shall remain the property of said party.
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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
ofthis section, such party shall be considered in default of this Agreement and accordingly shall
forfeit its entire interest in the emergency telephone service as provided in Section XI.
XIII. AMENDMENT
This Agreement may be amended by a written agreement executed and approved by not
less than seventy-five percent (75%) of the Participating Entities who convey a position on the
proposed amendment thereto within sixty (60) days after all of the Participating Entities have
been given written notification of the same. The Agreement will not be amended as provided for
herein unless at least fifty percent (50%) of the Participating Entities convey a position on the
proposed amendment. Amendments to the Agreement, if approved, will be effective ninety (90)
days after the notice of the proposed amendment was made. Notice shall be effective upon
mailing.
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 oftKe Agreement
which cen be given effect without the invalid provision or application, 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 hereinabove set forth.
M:IGROUPS\ATTORNEY\BOARDSIE-91119.97.IGA 11
CITY OF ARV ADA
By
CITY OF BROOMFIELD
By
CITY OF EDGEW A TER
By
TOWN OF LAKESIDE
By
TOWN OF MORRISON
By
TOWN OF MOUNTAIN VIEW
By
M:IGROUPS\A TTORNEYlBOARDSIE.91119-97.1GA
COUNTY OF JEFFERSON
STATE OF COLORADO
By
John P. Stone, Chairman
Board of County Commissioners
CITY OF GOLDEN
By
CITY OF LAKEWOOD
By
COAL CREEK CANYON FIRE
PROTECTION DISTRICT
By
ELK CREEK FIRE
PROTECTION DISTRICT
By
EVERGREEN FIRE
PROTECTION DISTRICT
By
12
CITY OF WESTMINSTER
By
CITY OF WHEAT RIDGE
ARV ADA FIRE PROTECTION DISTRICT
By
INTER-CANYON FIRE PROTECTION
DISTRICT
By
INDIAN HILLS FIRE PROTECTION
DISTRICT
By:
M:\GROUPS\A TTORNEY\BOARDSIE-91119-97.IGA
F AIRMOUNT FIRE PROTECTION
DISTRICT
By
FOOTHILLS FIRE PROTECTION
DISTRICT formerly known as Idledale,
Lookout and Mount Vernon Fire
Protection Districts
By
GENESEE FIRE PROTECTION
DISTRICT
By
PLEASANT VIEW METROPOLITAN
DISTRICT
By
NORTH METRO FIRE RESCUE
AUTHORITY
By
13
WEST METRO FIRE PROTECTION
DISTRICT formerly known as Lakewood
and Bancroft Fire Protection Districts
By
LITTLETON FIRE PROTECTION
DISTRICT
By
M:IGROUPS\A TTORNEY\BOARDSIE-91119-97.IGA
WHEAT RIDGE FIRE PROTECTION
DISTRICT
By
WEST ADAMS FIRE PROTECTION
DISTRICT
By
14
MEMO
To:
From:
Subject:
Date:
Mr. RObert~ddaUgh' City Manager
Jack Hurst
911 AUTH TY - PROPOSED CHANGES TO IGA
October 30, 1997
I was provided a copy of the 911 Authority Board's recommended IGA amendments for
review I gave this document to Lieutenant Jack Chism for his analysis on the proposed changes.
Lieutenant Chism most recently served as the Chairman of the 911 Authonty Board and is quite
familiar wIth the IGA, as well as, the proposed changes.
Based upon my conversation wIth Lieutenant Chism, and a review of the proposed
amendments to the IGA, I am recommending that the City of Wheat Ridge approve these
amendments as written.
The following is a bnefsummary of what these changes mean to the City of Wheat
Ridge, and the 911 IGA.
I Cellular Telephone Charges: Currently, each telephone line in Jefferson County is
charged a service fee for the 911 system. This fee is approximately $0.38 per month, and appears
on the telephone bill itself Cellular phones have not been charged in the past. New technology
has become available which allows for the trackmg of cellular phone calls into the 911 system.
Previously, calls coming into the 911 system from a cellular phone would not yield the E9ll
information that is critical to emergency response. The 911 Authority IS proposing up-grades to
each 911 system in the County The cost for these up-grades would be paid from increased
charges to the phone lines and to cellular phone bills Due to the cost of up-grades the Authority
is seekIng an increase on the per line charge from the current rate to the maximum allowed by
State Law which is $0 70. They will review this increase on an annual basis, and have indicated
that once equipment has been installed a reduction of the rate would be considered by the 911
Authority Board.
While the increase is nearly 100%, over current service charges, the Police Department
feels that the benefit to citizens from enhanced technology will be worth the increase. As it now
stands we cannot track an emergency call received via cellular phones. This poses problems for
directing emergency units, especially when cell phone calls fade in and out, or emanate from a
location outside our jurisdiction. The new technology will at least provide information regarding
the caller that can be used by emergency response umts.
We recognize this to be the most controversial change proposed by the Authority, but one
which we support.
2. Alternate Board Member' There are currently five designated members on the 911
Authority board. In previous years the reliability of the County Commissioner representatIve, to
the board, to attend meetings was not very consistent. The Board rules require three members
Mr. Robert Middaugh, City Manager
Page 2
October 30, 1997
present to vote on bills and other action of the Board. If one or two other members were on
vacation or other extended absence, securing a quorum became very difficult. The Board is
proposing the addition of an alternate member who would only serve when a regular board
member was going to be absent. They feel thIS will help ensure a quorum is met.
3 Transfer of Ownership The 911 Authority has purchased and installed thousands of
dollars worth of equipment to the various entities throughout Jefferson County over the past
several years. Current rules do not allow the transfer of ownershIp from the 911 Authonty to the
various entIties who possess this equipment. The proposed change in the IGA will mean that
once the equipment is purchased by the 911 Authority a transfer of ownership from 911 to the
receiving entity will occur This is an advantage to the City of Wheat Ridge and all other entities
receiving this equipment.
4 Annual Budget: The Authority will prepare an annual budget and will make a formal
presentation before the varIOus entitles each year They would schedule a time to come before
the Wheat Ridge City Council to go over the 911 budget on an annual basis. We see this as very
positive.
There are other amendments whIch are primarily housekeeping in nature that have not
been summarized. We are recommending that this document be signed as proposed. If you have
any questions please contact either myself of Lieutenant Chism.