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HomeMy WebLinkAbout1999 Ordinance No. 076l ,, ' 'l I • • • ORDINANCE NO. 7& SERIES OF 1999 BY AUTHORITY COUNCIL BILL NO . 78 INTRODUCED BY COUNCIL MEMBER GARRETT AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT ENTITLED "FIRST AMENDED INTERGOVERNMENTAL AGREEMENT FOR THE ESTABLISHMENT OF AN EMERGENCY COMMUNICATIONS SERVICE AUTHORITY'' BETWEEN BENNETT FIRE PROTECTION DISTRICT , TOWN OF BOW MAR , BYERS FIRE PROTECTION DISTRICT, SOUTH METRO FIRE RESCUE , CITY OF CHERRY HILLS VILLAGE , COLUMBINE VALLEY , CUNNINGHAM FIRE PROTECTION DISTRICT , TOWN OF DEER TRAIL, DEER TRAIL FIRE PROTECTION DISTRICT , CITY OF FOXFIELD , CITY OF GLENDALE , CITY OF GREENWOOD VILLAGE , CITY OF LITTLETON, LITTLETON FIRE PROTECTION DISTRICT, PARKER FIRE PROTECTION DISTRICT , RATTLESNAKE FIRE PROTECTION DISTRICT , SABLE-ALTURA FIRE PROTECTION DISTRICT, CITY OF SHERIDAN, SKYLINE FIRE PROTECTION DISTRICT, STRASBURG FIRE PROTECTION DISTRICT, UNITED FIRE DISPATCH AUTHORITY AND THE CITY OF ENGLEWOOD, COLORADO PERTAINING TO THE ARAPAHOE COUNTY E- 911 EMERGENCY TELEPHONE SERVICE AUTHORITY . WHEREAS, in 1988 the parties entered into an intergovernmental agreement (IGA) for the establishment of the Emergency Telephone Service Authority which established the Arapahoe County E-911 Emergency Telephone Service Authority; and WHEREAS , in 1988 the IGA was entered into pursuant to the authority granted by Section 29-1-203 , C.R.S . and Section 29-11-104(1), C.R.S.; and WHEREAS , due to changes in fact , circumstances , technology and the law since the parties entered into the 1988 IGA, the parties to this intergovernmental agreement wish to amend the 1988 IGA to comport with Colorado law and carry out the purposes and intentions of the parties to the agreement; and WHEREAS, this Agreement establishes a separate legal entity known as the "Arapahoe County E-911 Emergency Communications Service Authority" which shall be responsible for administering the installation, operation, maintenance, upgrade and enhancement of emergency communications services to the parties of this agreement; NOW, THEREFORE , BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD , COLORADO , AS FOLLOWS: Section 1. The "First Amended Intergovernmental Agreement For The Establishment Of An Emergency Communications Service Authority" attached hereto as "Exhibit A," is hereby accepted and approved by the City Council of the City of Englewood , Colorado . -1 - 10 b ii Section 2. The Mayor is authorized to execute and the City Clerk to attest and seal the "First Amended Intergovernmental Agreement For The Establishment Of An Emergency Communications Service Authority" for and on behalf of the City of Englewood, Colorado. Introduced, read in full, and passed on first reading on the 6th day of December, 1999 . Published as a Bill for an Ordinance on the 10th day of December, 1999. Read by title and passed on final reading on the 20th day of December, 1999. Published by title as Ordinance No.1.kz, Series of 1999, on the 24th day of December, 1999. I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true cop~,9f the Ordinance passed on final reading and published by title as Ordinance No . fh_, Series of 1999. -2- ... I, ' • • • • • • FIRST AMENDED INTERGOVERNMENTAL AGREEMENT FOR THE ESTABLISHMENT OF AN EMERGENCY COMMUNICATIONS SERVICE AUTHORITY This First Amended Intergovernmental Agreement for the Establishment of an Emergency Communications Service Authority (the "Agreement") is made and entered into this day of , 1999, by and between the following public entities which shall collectively be referred to as the "Parties": ARAPAHOE COUNTY, a body corporate and politic ("County"); BENNETT FIRE PROTECTION DISTRICT, a Special District ("Bennett"); TOWN OF BOW MAR, a municipal corporation ("Bow Mar"); BYERS FIRE PROTECTION DISTRICT, a Special District ("Byers "); SOUTH METRO FIRE RESCUE, a public entity ("South Metro"); CITY OF CHERRY HILLS VILLAGE, a municipal corporation ("Cherry Hills"); COLUMBINE VALLEY, a municipal corporation ("Columbine Valley"); CUNNINGHAM FIRE PROTECTION DISTRICT, a Special District (C unningham"); TOWN OF DEER TRAIL, a municipal corporation ("Deer Trail"); DEER TRAIL FIRE PROTECTION DISTRICT, a Special District ("Deer Trail Fire"); CITY OF ENGLEWOOD, a municipal corporation ("Englewood"); CITY OF FOXFIELD, a municipal corporation ("F oxfield"); CITY OF GLENDALE, a municipal corporation ("Glendale "); CITY OF GREENWOOD VILLAGE, a municipal corporation ("Greenwood Village"); CITY OF LITTLETON, a municipal corporation ("Littleton "); LITTLETON FIRE PROTECTION DISTRICT, a Special District ("Littleton Fire"); PARKER FIRE PROTECTION DISTRICT, a Special District ("Parker"); RATTLESNAKE FIRE PROTECTION DISTRICT ("Rattlesnake Fire "); SABLE-ALTURA FIRE PROTECTION DISTRICT, a Special District ("Sable-Altura"); CITY OF SHERIDAN , a municipal corporation ("Sheridan"); SKYLINE FIRE PROTECTION DISTRICT, a Special District ("Skyline"); and STRASBURG FIRE PROTECTION DISTRICT, a Special District ("Strasburg"), UNITED FIRE DISPATCH AUTHORITY. WITNESSETH: WHEREAS, pursuant to §29-11-104 (1) of the Colorado Revised Statutes (C.R.S.), as amended, the Parties are authorized to enter into agreements for the purpose of providing emergency communications services; and, WHEREAS, the Colorado Constitution, Article XIV, Section 18 and §29-1-201 , C.R.S. et ~· provide for and encourage political subdivisions of the State of Colorado to make the most efficient and effective use of their powers and responsibilities by cooperating and contracting with each other; and WHEREAS, §29-1-203, C.R .S., as amended, authorizes any political subdivision or agency of the State of Colorado to cooperate or contract with one another to provide any function , service, or facility lawfully authorized to each of the cooperating or contracting entities, including the sharing of costs, imposition of taxes, or incurring of debt. WHEREAS, in 1988 the Parties entered into the Intergovernmental Ag reement for Establishment of the Emergency Telephone Service Authority (the "1988 IGA") which established the Arapahoe County E-911 Emergency Telephone Service Authority . The 1988 IGA was entered into pursuant to the authority granted by §29-1-203, C.R.S. and §29-11- 104 (1), C.R.S. (00206679.~0C;l ) E x H I B I T A WHEREAS, due to changes in fact , circumstances, technology and the law since the • parties entered into the 1988 IGA, the Parties to this Agreement wish to amend the 1988 IGA to comport with Colorado law and carry out the purposes and intentions of the Parties to this Agreement. WHEREAS, the Parties intend by entering into this Agreement that the Authority hereby created shall fall within the definition of a "public entity" under the Colorado Governmental Immunity Act , 24-10-101 C.R .S., and "nonprofit organization" under the Volunteer Service Act §§13-21-115.5, 13-21-115.7 and 13 -21-116, C.R.S. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the Parties agree as follows: I. SUPERSEDING ALL PRIOR AG REEMENfS The Parties agree that, upon execution, this Agreement supersedes all prior representations and understandings between the Parties, whether written or oral , including but not limited to the 1988 !GA. II. DEFINITIONS The definitions for the terms "emergency telephone charge," "emergency telephone service," "exchange access facilities," "governing body," "public agency," "service supplier," • "service user," "wireless communications access ," and "wireless carrier" as used in this Agreement shall be the same as the definitions for those terms set forth in §29-11-100.5, C.R .S. as amended. The term "emergency communications services " shall mean any form of emergency communication which the Authority facilitates or provides to the Parties, and includes but is not limited to, emergency telephone services , wireless communications access, and other developing technologies used for communications purposes. III. ESTABLISHMENT OF THE ARAPAHOE COUNTY E-911 EMERGENCY COMMUNICATIONS SERVICE AUTHORITY The Parties hereby establish a separate legal entity to be known as the "Arapahoe County E-911 Emergency Communications Service Authority" (the "Authority") which shall be responsible for administering the installation, operation, maintenance, upgrade and enhancement of emergency communications services to the Parties. The Authority is a nonprofit public entity established pursuant to §29-1-203, C.R.S. and §29-11-100.5 , C.R.S., et ~-and in conformance with the Colorado Governmental Immunity Act , 24-10-101 C.R.S ., et~-and the Volunteer Service Act §§13-21-115.5, 13-21- 115.7 and 13-21-116, C.R.S. {00 2 06679.DOC;l } 2 • • • • The Parties agree that the Authority is an independent, legal entity separate and distinct from the Parties and their respective members. The boundaries of the Parties and their respective members, as they may from time to time be changed, shall comprise the jurisdiction of the Authority. IV. EST ABLISHMENf OF AUTHORITY BOARD 1. Governing Board. The Authority shall be governed by a Board of Directors , which Board shall have the power to perform all acts necessary, whether express or implied, to fulfill the purpose, and to provide the functions, services and facilities , for which the Authority was formed. 2. Composition of Board. The Authority shall be governed by a Board of Directors (the "Board") consisting of five (5) members to be selected in the following manner: a . Two members shall be selected by the County Commissioners to represent law enforcement, from a list of nominees submitted by cities , towns and the County Sheriff, but each such entity may submit no more than one nominee for each vacancy ; b. Two members shall be selected by the County Commissioners to represent fire protection and emergency medical services from a list of nominees submitted by fire protection districts and fire departments, but each such entity may submit no more than one nominee for each vacancy; c. One member shall be selected by the Board of County Commissioners; d. Members may be appointed to serve consecutive terms on the Board. The terms of all members shall be for two (2) years and shall be staggered in even and odd years. One member from law enforcement and one member from fire protection and emergency medical services shall be appointed to the terms of office commencing in even years, the other member of law enforcement and the other member of fire protection and emergency medical services shall be appointed for the terms of office commencing in odd years ; and, e. Each member of the Board shall serve without compensation. 3 . Voting and Quorum. Each member of the Board shall have one (1) vote. A quorum of the Board shall consist of three (3) members, except that, should there be three (3) or more vacancies at any time, then, during that time only a quorum shall consist of two members. No official action may be taken by the Board on any matter unless a quorum is present. The affirmative vote of a majority of the Board members present at the time of the vote shall be required for the Board to take any action. 4. Bylaws. The Board shall adopt Bylaws as necessary for the conduct of the Authority so long as such Bylaws are not in conflict with the provisions of this Agreement, or Federal or State law . The Bylaws shall include, but are not limited to , procedures for (00206679.DOC ;l t 3 appointment of officers of the Board as necessary to conduct the affairs of the Authority and shall contain provisions allowing for amendment of such Bylaws. • 5. Meetings. a. The Board shall hold a regular meeting every two months, at such time and place as the Authority shall decide and may, upon the call of the Chairperson or of any three Board members, hold special meetings . Any regular meeting may be canceled by a simple majority of the Board, or by the Chairperson for good cause. b. All regular meetings and special meetings held by the Board and any subcommittee meetings of the Board where public business is discussed or at which formal action may be taken, shall be subject to the Colorado Sunshine Act of 1972, pursuant to C.R.S. 24-6-401 et seq ., as amended. Notice of all regular meetings and special meetings shall include the meeting agenda and shall be posted in one (1 ) or more public places as the Board may designate from time to time no less than 24 hours prior to the mee ting. The posting shall include specific agenda information where possible. c. The Board shall keep minutes of its proceedings showing the presence or absence of each Board member and the vote of each member upon every motion. Failure to vote and any abstentions shall be noted in the minutes. V. POWERS OF THE AUTHORITY BOARD 1. Plenary Powers. Except as otherwise limited by this Agreement, the Authority , in its own name and as provided herein , shall exercise all powers lawfully authorized by the Parties pursuant to Section 29-1-203 C.R.S. and §29-11-100.5 , C.R.S., et ~-, as amended , including all incidental , implied, expressed or such other powers as necessary to execute the purposes of this Agreement. The Authority shall act through its Board, officers and agents as authorized b y this Agreement and the Bylaws and Rules and Regulations of the Authority . The Authority shall not have the power to levy taxes on its own behalf or on behalf of any Contracting Party. 2. Enumerated Powers. The Authority is authorized to undertake all actions reasonably necessary for the installation , operation and maintenance of emergency communications services within the Authority 's jurisdiction, and which the Authority believes are necessary to carry out the intent and purpose of this Agreement, including but not limited to: a . Imposing, and assuring the collection of, an emergency telephone charge in the amount and manner provided by §29-1-203, C.R.S. and §29-11-102 & 103, C.R.S., as amended, or as may in the future be amended. This charge may be imposed and collected from land based and wireless carriers, as well as from any other communication service provider as authorized by §29-11-102, C.R.S. et~-and any future amendment thereto; (00206679.DOC;l } 4 • • • • b. Acquire, hold, lease (as Lessor or Lessee), sell, or otherwise dispose of any legal or equitable interest in real or personal property in connection with the installation, operation and maintenance of the emergency communications services; c. To enter into, make and perform contracts and agreements with other Federal, State or local governmental, non-profit and private entities which are reasonably necessary for the acquisition, repair or maintenance of equipment, or the installation, operation or maintenance of the emergency communications services; d. To employ agents, accountants, attorneys, engineers, consultants and other individuals and entities as the Authority deems necessary for the performance of its obligations under this Agreement; e . To conduct the business and affairs of the Authority; f. To incur debts, liabilities, or obligations to the extent and in the manner permitted by law , borrow money and from time to time , to make, accept , endorse, execute, issue and deliver notes and other obligations of the Authority for monies borrowed, or in payment for property acquired, or for any of the other purposes, services or functions authorized by this Agreement; and as provided by law, and to the extent permitted b y law, to secure the payment of any Authority obligation by mortgage, pledge , deed, indenture, agreement, or other collateral instrument, or by lien upon or assignment of all or any part of the properties, rights, assets , contract, easements, revenues and privileges of the Authority except that no debt, liability, or obligation shall extend to or be an obligation of any contracting party unless properly authorized by such contracting party and agreed to in writing; g. To own , operate and maintain real and personal property and facilities individually or in common with others, and to conduct joint, partnership, cooperative or other operations with other individuals and entities, and to exercise all powers and authority incident thereto and authorized by this Agreement; h. To sue and to be sued in its own name; i. To adopt and amend from time to time, by resolution, Bylaws and Rules and Regulations as the Board deems necessary and appropriate for the exercise of the powers granted, and performing the obligations imposed, by this Agreement; j. To receive contributions, gifts , bequests, grants, cash , equipment or services from the Parties or any other public or private individual or entity for the furtherance of the intent and purpose of this Agreement , and the Authority's performance of its obligations under this Agreement; k. Negotiate and enter into agreements with equipment vendors, suppliers and service suppliers for the acquisition or maintenance of equipment, and for the purpose of obtaining the benefit of technological developments which the Authority {00206679.DOC ;l } 5 deems necessary to improve or enhance the quality and efficiency of emergency commu nications services to the Parties; and, I. Any other act or service which the Au thority believes is reasonably necessary for the exercise of its powers, and the performance of its obligations, under this Agreement. VI. RULES AND REGULATIONS The Authority Board may promulgate and adopt rules , regulations, policies and procedures which the Board deems necessary to carry out the intent and purposes of this Agreement, and to exercise the Authority's powers and perform the Authority's obligations, under this Agreement. After their initial adoption, the rules, regulations, policies and procedures may be modified or amended, provided any such modification or amendment: (a ) is approved by a majority vote of the Board; (b ) is consistent with the purpose and intent of this Agreement; (c) is not in conflict with any of the provisions of this Agreement; and (d ) is in compliance with any and all applicable State and federal laws. VII. TECHNICAL ADVISORY COMMITTEE The Authority shall create a Technical Advisory Committee. Each Contracting Party may have a representative on the Committee. The Committee members shall elect their own chairperson, who will be responsible for setting meetings and conducting the business of the Committee . The Committee shall serve in an advisory capacity to the Authority Board . The Committee shall make recommendations to the Board regarding the design , equipment selection, installation, maintenance, enhancement and continued operation of the emergency communications services. These recommendations shall be based upon the needs of the Parties. This Committee shall have no authority to incur any expense or to commit any funds of the Authority or any Contracting Party. VIII. CHARGES TO BE IMPOSED BY THE AUTHORITY The Parties agree that the Authority may establish a charge for emergency communications services up to the amount authorized by §29-11 -100.5 , C.R .S., et ~., as amended from time to time. Said charge shall be assessed on a uniform basis for all Parties within the Authority's jurisdiction. The Authority shall not establish a charge in excess of the amount authorized by §29- 11-102, C.R .S., as amended from time to time, unless the Authority: 1) first obtains approval by two-thirds (2 /3) of the Parties ; and 2 ) obtains approval from the Public Utilities Commission pursuant to §29-ll-102 (2 )(b ), C.R.S., as may be amended from time to time. The Authority may invest funds received from any source in accordance with the laws of the State of Colorado for investments b y a public entity . (00206679.DOC;l } 6 • • • • IX. USE OF FUNDS -CONfRIBUTIONS The Authority shall use the funds generated by the charges imposed by Section VIII, above, and all funds received by the Authority from any other source, to pay for the costs of acquiring maintaining, upgrading and enhancing equipment related to providing emergency communications services , and/or the installation, operation, maintenance, upgrade and enhancement of emergency communications services , including, but not limited to , administrative costs of the Authority, in accordance with , and as authorized by, §29-11-104, C.R.S., as amended from time to time. No disbursement shall be made from the funds of the Authority without appropriate supporting documents in the form of receipts, invoices or other documents generally considered sufficient under GAAP. The Authority may carry over funds which have not been used in a given fiscal year to the following fiscal year. Nothing in th is Section IX shall prevent the Authority from returning any surplus funds to the Parties , based upon the individual Contracting Party's contributions to the Authority during the year in which the surplus is incurred , or if contributions have not been made in that year, based upon the number of exchange access facilities which that Party has within the Authority when compared with the total number of exchange access facilities within the Authority . Pursuant to §29-11-104(3 ), C.R.S., to the extent any of these surplus funds are derived from emergency telephone service charges imposed pursuant to §29-11-102, C.R.S. Such funds can be distributed to the contracting parties only if the emergency telephone service is discontinued . X. BOOKS AND RECORDS The Authority shall provide for the keeping of accurate and correct books of account on a modified accrual b a sis in accordance w ith GAAP , showing in detail the capital costs, costs of services, installation, maintenance and operating costs, and the financial transactions of the Authority. The Authority's books of account shall correctly show any and all revenues, costs, or charges paid to or to be paid by each of the Parties, and all funds received by, and all funds expended by, the Authority . The Authority's books and records shall be open to inspection during normal business hours upon reasonable notice by the Parties, their attorneys accountants or agents. The books and records of the Authority shall also be made available to the public in accordance with provisions of §24-72-201 , C.R.S. et~· (the "Open Records Act"). XI. AUDITING AND REPORTING The Authority shall cause an annual audit to be conducted by an independent Certified Public Accountant licensed to practice in the State of Colorado. The Authority shall provide a copy of the annual audit to a Contracting Party upon request. The Authority shall comply with the provisions of §29-1-601 , C.R.S . et~., as may be amended from time to time. The Authority shall compl y with all Federal and State financial reporting requirements . (00206679.DOC;l } 7 XII. ASSETS OF THE AUTHORlTY 1. Assets. Any assets purchased or received by the Authority subsequent to the formation of the Authority shall be owned b y the Authority for the mutual benefit of the Parties. Assets purchased with funds of the Authority and one or more Parties shall be owned jointly in proportion to the amounts contributed. 2. Asset Inventory Schedules. The Authority shall maintain an asset inventory list for any and all real and personal property which identifies which Contracting Party contributed the asset , the date of any sale or other disposition of any asset transferred to the Authority, together with the amount of consideration received by the Authority. The Authority shall maintain a separate inventory list for all real or personal property acquired b y the Authority in whole or in part. XIII. DEFAULT IN PERFORMANCE • In the event any Contracting Party fails t o comply with an y term or condition of this Agreement, that Party shall be conside re d in default o f its obli g ations under this Agreement. Th e Auth o rity shall provide the g o verning bod y of the Defaulting Party with notice of the default. Notice sh a ll be by certified m a il , return receipt requested, or hand deli ve ry . Th e Defaulting Party shall have thirty (3 0 ) d ays fr o m the date of receipt of the notice to cure the default. A copy of the notice of default shall be sent to all Defaulting Parti e s. If the Defaulting Party fails to cure the default within thirty (30) day s of receipt of the notice of default, th e Authority shall immediately terminate serv ices to the defaulting Party, the defaulting Party's membership in the Authority shall terminate, and the defaulting Party shall • have no rights whatsoever under the Agreement. In addition, the defaulting Party shall forfeit all right, title and interest in and to an y real and personal property, or funds , to which the defaulting Party might otherwise be entitled upon the dissolution of the Authority. If the Authority is in default and fails to correct after the required notice, the non-defaulting Defaulting Parties may terminate th e Ag re e ment immediately or continue the authority and bring an action to enforce the Authority's obligations. XIV. DURATION OF AGREEMENT This Agreement shall be in effect from the time it is full y executed and shall continue on a y ear to year basis , unless sooner terminated in accordance with Section XV of this Agreement. XV. WITHDRAWAL. TERMINATION AND DISSOLUTION 1. Individual Party's Withdrawal. An y Contracting Party may withdraw from this Authority and terminate its membership under this Agreement by providing written notice to all other Contracting Parties and the Authority Board at least ninety (90) days prior to August 1 of that y ear. Withdrawal from the Authority shall become effective on August 1 of the year in which a timely notice of termination is given. A Party which withdraws from the Authority shall retain all right, title and interest in and to an y real and personal property which it has contributed to the Authority and which is located within the withdrawing (00206679.DOC;l } 8 • • • • party's jurisdiction ; howeve r, the withdrawing party shall make the property available for use by the Authority to the extent necessary for public safety. 2. Termination by Mutual Agreement of the Parties. Upon a two-thirds majority vote of all Parties , this Agreement shall be terminated and the Authority dissolved. The effective date of termination shall be December 31st of the calendar year in which the two-thirds majority vote for termination occurs. 3. Dissolution of Authority . Upon the termination of this Agreement pursuant to Section XV (2) above, the Authority Board and Contracting Parties shall take such actions nece ssary to effect the orderly dissolution of the Authority and winding up of the Authority's operations. All contributions of real and personal property, all revenues received by the Authority, and all assets of the Authority shall be distributed among the entities who were parties to the Agreement on the date the vote for termination occurred . The Board shall be responsible for inventorying the revenues, property and assets of the Authority, making distributions to the Parties and winding up the affairs of the Authority. Real and personal property which can be identified as being contributed in full by a Party , other than monetary contributions, shall be returned to the Party which contributed it. A Party which has made a contribution toward a jointly owned asset (as defined in Section XII ) would be entitled to retain ownership of the asset upon termination; however, the Party must account to the Authority for the amount of the Authority's contribution toward purchase of the asset upon distribution of the other assets of the Authority. Upon termination , any revenues derived from emergency telephone service charges imposed pursuant to §29-11-102 , C.R.S., will be distributed in accordance with §29-11-104 (3), C.R.S. Such funds can be distributed to the contracting parties only if the emergency telephone service is discontinued. All other real and personal property, and all contributions and revenues, shall be distributed pro rata to the Contracting Parties, based upon the number of exchange access facilities which each Party has within the Authority when compared with the total number of exchange access facilities within the Authority and any other adjustments expressly required under this Agreement. If a Party does not agree to the Authority's division of assets within six (6) months from the effective date of termination , the Parties shall engage in mediation on all unresolved issues prior to engaging in legal proceedings. In any legal proceeding, the Court may award attorneys ' fees, expenses and costs of the proceeding if the Court determines that the proceeding was necessitated by an unreasonable position, or unreasonable demands, of a Contracting Party. The rights and duties of the Parties related to apportionment, division, transfer and ownership of assets upon termination shall survive termination of this Agreement. The Parties agree that during the period following the vote to terminate the Authority, the Authority will continue to provide emergency communications services in accordance with this Agreement until the effective date of termination . (00206679.DOC;l ) 9 XVI. LIABILITY OF THE BOARD OF DIRECTORS, OFFICERS AND EMPLOYEES OF THE AUTHORITY As a nonprofit public entity, the Authority and its directors, officers and employees shall be immune from civil liability in accordance with, and the extent provided by, §24-10- 101 , C.R.S. et~-(the Governmental Immunity Act), §13-21-115.5 , 13-21-115.7 and 13-21- 116, C.R.S. (the Volunteer Service Act ), as these statutes may be amended from time to time, and any other applicable law. In addition , the Authority shall purchase insurance for the Authority and its Board, officers and employees which insurance will provide reasonable coverage against any claim , suit or proceeding arising out of or relating to any act or omission under this Agreement. XVII. AMENDMENTS This Agreement may be amended by the two-thirds (2 /3) consent of the Parties in writing at any time. XVIII. SEVERABILITY In the event any provision of this Agreement is determined to be illegal or invalid for any reason, all other provisions of this Agreement shall remain in full force and effect unless and until otherwise determined. The illegality of any provision of this Agreement shall in no way affect the legality and enforceability of any other provision of this Agreement. XIX. SUCCESSORS AND THIRD PARTIES This Agreement shall be binding upon and shall inure to the benefit of the successors of the Parties. This Agreement is not intended to, and does not, inure to the benefit any individual or entity who is not a Party to this Agreement. XX. ASSIGNMENT AND DELEGATION No Party shall assign any of the rights nor delegate any of the duties created b y this Agreement without the written approval of two-thirds of the other Parties to this Agreement. IN WITNESS WHEREOF, the contracting parties hereto have caused their representatives to affix their respective signatures hereto, as of the day and year hereinafter set forth. (00 2 0 6679 .DOC ;l } 1 0 • • • • ATTEST: Clerk of the Board APPROVED AS TO FORM: Assistant County Attorney ATTEST: • APPROVED AS TO FORM: ATTEST: Town Clerk, Town of Bow Mar APPROVED AS TO FORM: Town Attorney • (00206679.DOC;l } 11 COUNTY OF ARAPAHOE, STATE OF COLORADO By: _____________ _ Chairman, Board of County Commissioners BENNETT FIRE PROTECTION DISTRICT By: ___________ _ TO\NN OF BOW MAR By: ___________ _ Mayor, Town of Bow Mar ATTEST: APPROVED AS TO FORM: ATTEST: APPROVED AS TO FORM: City Attorney ATTEST: APPROVED AS TO FORM: Town Attorney ATTEST: {00 2 06679.DOC ;l } 12 BYERS FIRE PROTECTION DISTRICT By: ___________ _ CITY OF CHERRY HILLS VILLAGE By: ___________ _ TOWN OF COLUMBINE VALLEY By: ___________ _ CUNNINGHAM FIRE PROTECTION DISTRICT By : ___________ _ • • • • APPROVED AS TO FORM: ATTEST: TOWN OF DEER TRAIL By: ___________ _ May or Pro Tern APPROVED AS TO FORM: Town Attorney ATTEST : DEER TRAIL FIRE PROTECTION DISTRICT • By: ___________ _ APPROVED AS TO FORM: ATTEST: CITY OF ENGLEWOOD By: ___________ _ City Clerk -I.Ducrishia A. Ellis Mayor -Thomas J. Burns APPROVED AS TO FORM: City Attorney • {00206679.DOC ;l } 13 ATTEST: CITY OF FOXFIELD • By: ____________ _ City Clerk Mayor APPROVED AS TO FORM: City Attorney ATTEST: CITY OF GLENDALE By: ___________ _ City Clerk Mayor APPROVED AS TO FORM: • City Attorney ATTEST: CITY OF GREENWOOD VILLAGE By: ___________ _ APPROVED AS TO FORM: City Attorney {00206679 .DO C;l } • 14 ATTEST: • City Clerk APPROVED AS TO FORM: City Attorney ATTEST: Secretary APPROVED AS TO FORM: • ATTEST: APPROVED AS TO FORM : ATTEST: • {0 02 0 6679.DOC;l } 15 CITY OF LITTLETON By:. ___________ _ LITTLETON FIRE PROTECTION DISTRICT By: ___________ _ President PARKER FIRE PROTECTION DISTRICT By :. ___________ _ RATTLESNAKE FIRE PROTECTION DISTRICT By :. ___________ _ APPROVED AS TO FORM: ATTEST: APPROVED AS TO FORM: ATTEST: APPROVED AS TO FORM: ATTEST: APPROVED AS TO FORM: Attorney (00206679.DOC;l } 16 SABLE-ALTURA FIRE PROTECTION DISTRICT By: ___________ _ CITY OF SHERIDAN By: ____________ _ SKYLINE FIRE PROTECTION DISTRICT By : ___________ _ • • • ATTEST SOUTH METRO FIRE RESCUE • APPROVED AS TO FORM: Attorney ATTEST: STRASBURG FIRE PROTECTION DISTRICT By: ___________ _ APPROVED AS TO FORM: • Town Attorney ATTEST : UNITED FIRE PROTECTION DISTRICT By: ___________ _ APPROVED AS TO FORM: Attorney • (00206679.DOC;l) 17 ., • • ' COUNCIL COMMUNICATION Date Agenda Item Subject An ordinance approving an amended Intergovernmental Agreement December 6, 1999 10 a i dealing with the Arapahoe County E-911 Authority Initiated By Staff Source Department of Safety Services Chris Olson, Director of Safety Services COUNCIL GOAL AND PREVIOUS COUNCIL ACTION Approval of the First Amended IGA for the Establishment of an Emergency Communications Service Authority (E-911) in Arapahoe County. RECOMMENDED ACTION Passage of this ordinance. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The original IGA, approved in 1988, established the Arapahoe County E-911 Emergency Telephone Service Authority. Due to changes in fact, circumstances, technology and the law since the parties entered into the 1988 Agreement, the parties to this agreement wish to amend the 1988 IGA to comport with Colorado law and carry out the purposes and intentions of the E-911 Authority. The City of Englewood is a party to this agreement. FINANCIAL IMPACT None directly. All costs are borne by telephone users (both landline and wireless). LIST OF ATTACHMENTS A copy of the standardized bill for the ordinance.