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HomeMy WebLinkAbout1990-40 Authorizing the Mayor of the Town of Vail To Sign an Intergovernmental Agreement Creating an Eagle County Emergency Telephone Service Authority Within Eagle County, Which Authority Shall Include the Town of Vaily , ; ORDINANCE NO. 40 Series of 1990 AN ORDINANCE AUTHORIZING THE MAYOR OF THE TOWN OF VAIL TO SIGN AN INTERGOVERNMENTAL AGREEMENT CREATING AN EAGLE COUNTY EMERGENCY TELEPHONE SERVICE AUTHORITY WITHIN EAGLE COUNTY WHICH AUTHORITY SHALL INCLUDE THE TOWN OF VAIL; AUTHORIZING THE IMPOSITION OF AN EMERGENCY TELEPHONE CHARGE UPON TELEPHONE EXCHANGE ACCESS FACILITIES WITHIN VAIL; AND AUTHORIZING SERVICE SUPPLIERS TO COLLECT SAID EMERGENCY TELEPHONE CHARGES. WHEREAS, in the interest of protecting and preserving public safety and welfare, it is desirable that the citizens of the Tawn of Vail, Eagle County, Colorado be provided with emergency telephone service (sometimes called E-9-1-1) to aid the timely provision far emergency service; and WHEREAS, the Emergency Telephone Service Act, C.R.S. 29-11-101 et seq. ("the Act") authorizes governing bodies to impose a charge upon each exchange access facility (telephone service subscriber line) to pay for the installation costs and directly related casts of the continued operation of an emergency telephone service. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO: 1. The Mayor is authorized to sign the intergovernmental agreement creating an Eagle County Emergency Telephone Service Authority. 2. Pursuant to the Act, all telephone access facilities within the Town of Vail, Eagle County, Colorado, shall have imposed upon them an emergency telephone charge in a monthly amount not to exceed seventy cents ($.70j. Upon recommendation of the Eagle County Emergency Telephone Service Authority, the Town Council, may by resolution, raise or lower the emergency telephone charge, but in no event shall such charge exceed seventy cents ($.70). 3. The telephone service suppliers providing the telephone service in the Tawn of Vail, Eagle ~:~,~~unty, Colorado, are hereby authorized to collect the emergency telephone charge imposed by this Ordinance in accordance with the Act, f 4. The government agreement attached ir~x~'~~wo as Exhibit A and incorporated into this Ordinance by reference is approved, ari~~ the Mayor is authorized to execute it an behalf of the Town of Vail, and the Town and its officers and employees are authorized to perform under it on behalf of the Tawn of Vail, according to its terms. 5. This Ordinance shall not be effective until the intergovernmental agreement creating an Eagle County Emergency Telephone Service Authority and implementing an • emergency telephone service system is signed by the representatives of all the necessary parties thereto. 6. If any part, section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance; and the Town Council hereby declares it would have passed this Ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. 7. The Town Council hereby finds, determines and declares that this Ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. 8. The repeal or the repeal and reenactment of any provision of the Municipal Code of the Town of Vail as provided in this Ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nar any other action or proceedings as commenced under or by virtue of the provision repealed or repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. 9. All bylaws, orders, resolutions, and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution, or ordinance, ar part thereof, heretofore repealed. INTRODUCED, READ AND APPROVED ON FIRST READING this 6th day of NovemhPr , 1990, and a public hearing shall be held an this Ordinance an the nth day of November , 1990, at 7.30 p.m. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Ordered published in full this ATTEST: 1 ~/M~,~.(,r"J +~. c.LQ~k,U ~.J Pamela A. Brandmeyer, Tawn Clerk 6th day of NnvemhPr , 1990. Kent R: Rose, Mayor ~ _Z_ .. ~ • . INTRODUCED, READ AND APPROVED ON SECOND READING AND URDERED PUBLISHED by title only this 20th day of November X990. ~~'~~ ---~ Thomas 7. Stein"~erg, Mayor Pro hem ATTEST: Pamela~A. Brandmeyer, own Glerk f _B_ . . EXHIBIT A EAGLE COUNTY INTERGOVERNMENTAL AGREEMENT CONCERNING THE IMPLEMENTATIQN OF AN "E911" TELEPHONE SERVICE This Intergovernmental Agreement for "E911" Telephone Service ("Agreement"} is made this day of ~ 1990, by and between the following parties (hereafter referred to collectively as "Parties"): 1. Board of County Commissioners, County of Eagle, State of Colorado ("Board of County Commissioners"); 2. The Tawn of Avon, a municipal corporation ("Avon"); ~ , 3. The Town of Eagle, a municipal corporation ("Eagle"); 4. The Town of Gypsum, a municipal corporation ("Gypsum"); 5. The Town of Minturn, a municipal corporation ("Minturn"); 6. The Town of Red Cliff, a municipal corporation ("Red Cliff"); 7. The Town of Vail, a municipal corporation {"Vail"}; 8. The Eagle County Emergency Services Hospital District (a/Wa Eagle County Ambulance Service), aquasi-municipal corporation ("ECESHD"); 9. The Greater Eagle Fire Protection District, aquasi-municipal corporation ("EFPD"); 10. The Gypsum Fire Protection District, aquasi-municipal corporation ("GFPD"); and 11. Western Eagle County Ambulance District, aquasi-municipal corporation ("WECAD"). WITNESSETH: WHEREAS, pursuant to Article 11 of Title 29 of the Colorado Revised Statutes (hereinafter the "Act") the Parties hereto are delegated the power to enter into inter- governmental agreements of this type for the purpose of providing emergency telephone service; and WHEREAS, the Act encourages and authorizes agreements of this nature; and -1- ._. .... WHEREAS, it would serve the public welfare and be in the best interest of the 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 Agreement for the following purposes: (1) to establish a separate legal anti#y to be known as the "Emergency Telephone Service 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 Emergency Telephone Service Authority; and WHEREAS, this Agreement supersedes a similar agreement dated June 28, 1988. NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the Parties agree as follows: I. DEFINITIONS The definitions for the terms "emergency telephone charge", "emergency telephone service", "equipment supplier", "exchange access facilities", "governing body", "person", "public agency", "service supplier", "service user" and "tariff rates" as used in this Agreement shall be the same a5 the definitions set forth in the Act. ll. GENERAL PROVISIONS 2.1 Pursuant to the Act, 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 set forth herein. 2.2 The Parties agree that, contemporaneously herewi#h, they wilt, by resolution or ordinance, constitute, authorize and empower the Authority, as a separate entity with full powers to enter into contracts, to sue, and otherwise do all things necessary to carry out the duties delegated herein. 2.3 The area to which emergency telephone services shall be supplied and the area within which service users shall be surcharged, all as provided herein, shall be Eagle County as that jurisdiction is defined by Colorado law. fll. EMERGENCY TELEPHONE SERVICE AUTHORITY BOARD 3.1 The Board of Directors of the Authority ("Authority Board"} shall consist of five (5} members who shall be appointed by, and serve at the pleasure ofi, the Board of County Commissioners. Two members shall be appointed from east of Wolcott, two members from west of Wolcott, and one members shall be appointed "at large." At such time as the Basalt/El Jebel area join into the Eagle county E9I1 system, the fifth member of the Authority Board shall be appointed from that area -2- 3.2 The Board of County Commissioners shah appoint a President and Secretary of the Authority Board from among the members of the Authority Board. 3.3 the initial terms of two directors shall be three years each, two directors chaff be for terms of two years each, and the fifth director shall be appointed for a term of one year. In the initial appointments, the Board of County Commissioners shall designate the length of the respective terms of each member. Thereafter, the temis of all members shall be two years. All directors are eligible for reappointment. ' 3.4 The Board of County Commissioners may remove a director from office for cause at any time. Alternate members may be appointed to serve as a member of the Authority Board in the absence of any member in the manner as set forth herein. IV. RULES AND REGULATIONS The Authority Board may adopt bylaws and/or supplementary rules and regulations as it deems necessary, provided that said bylaws and/or supplementary rules and regulations are in compliance with the Act, this Agreement and Colorado law. V. POWERS OF THE AUTHORITY The Authority shall be empowered and authorized to: S.I Contract for the installation and operation of an emergency telephone service. 5.2 Pay for such equipment, software, installation ofi equipment and software, and related services by way of lease, purchase or lease-purchase. 5.3 Collect an emergency telephone charge as provided by the Act in an amount not to exceed seventy cents ($.7~) per month in those portions of the service area for which emergency telephone service is to be provided. 5.4 The Authority's funds shall be spent solely to pay for {whether by lease, purchase, or lease--purchase) direct and incidental costs associated with the acquisition of equipment and software, and the installation thereof, as welE as the direct and incidental casts of operating an emergency telephone service, including the monthly recurring charges billed by the service supplier; and far such other expenses reasonably necessary to enable the Authority to discharge its duties hereunder. 5.5 In addition, the Authority may do any other act as may be necessary for the provision of emergency telephone service, including, but not limited to, contracting with equipment vendors and service suppliers for the purpose of obtaining the benefit of technological developments which the Authority deems necessary to improve or enhance the quality and efficiency of service to be provided hereunder. ' -3- ^ ~ 1 5.6 No act or course of action shall be undertaken by the Authority or in the name of the Authority unless the same is first duty authorized by a majority vote of the Authority Board at any meeting, upon due notice first given, at which a quorum is present of a majority of the members of the Authority Board then holding office, or as permitted by law. VI. BUDGET AND OPERATING COSTS 6.1 The Authority shall adopt an annual budget for the costs of equipment, operation and maintenance of providing emergency telephone service.. The budget shall be submitted to the Board of County Commissioners for review and approval. ta.2 Unless agreed to by a majority of the Parties or as provided in paragraph 6.3 herein, the annual budget of the Authority far administrative expenses shall not exceed Two Thousand Dollars {$2,000), plus the casts of an annual audit and insurance. 6.3 Each year in which the Au#hority believes funds for administrative costs 'tn excess of $2000 are necessary, it shall prepare .and submit a budget request to the Board of County Commissioners by July 15 of the year prior to when the funds are necessary. The Board of County Commissioners shalt consider funding the budget request in the County's annual appropriation. VII. FUNDS AND OPERATIONS 7.1 The uniform charge per exchange access facility shall be collected by the service supplier and delivered to the Authority. The Parties hereto shall have no obligation to collect this uniform charge. 7.2 The funds of the Authority shall be maintained in one or more accounts in accordance with Colorado law and shall not be commingled with the funds of any of the Parties. Any funds remaining in the accounts at year end shalt be carried aver to the next succeeding year. 7.3 The Authority's funds shall be used for the purposes set forth herein including, but not Limited ta, the payment of administrative, operating and maintenance costs, and amounts due to any lender or lessor for any sums advanced, plus interest or other charges. No disbursement shall be made from the funds of the Authority except by check and unless a bill far goods or services actually rendered or delivered has been first submitted and approved far payment by the Authority, said approval being evidenced by a writing signed by the President and Secretary of the Authority Board. . 7.4 Except for any loan, lease or contract expressly approved by the Board of County Commissioners, the Authority shat! not borrow money, enter into any lease agreement ar execute any contract having a price or value in excess of $10,000. Further, the Authority shall not approve any claims or incur any obligations far expenditures unless there is sufficient unencumbered cash, credited to the Authority, with which to pay the same. -4- i • i 7.5 The Authority may invest its funds only in accordance with any applicable laws of the State of Colorado governing the investment of public funds. 7.6 No Party to this Agreement shall have any liability to pay for any debt or other obligation incurred by the Authority unless there is a specific undertaking by each party to do so, accompanied by an appropriation approved with the requisite formalities. 7.7 Nothing herein 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 originally contributed funds for operation pursuant to paragraph 7.6 hereof. Vlll. BOOKS AND RECORDS 8.1 The Authority shall maintain adequate and correct accounts of its funds, properties and business transactions, which accounts shall be open to inspection at any reasonable time by the Parties hereto, their accountants or their agents, as well as the general public. The Authority shat! cause to be conducted an annual audit, which audit shall be conducted by an independent certified public accountant licensed by the State of Colorado. The Authority shall file a copy of said audit with each of the Parties. 8.2 A written record of al[ proceedings of the Authority Board as well as of action taken shat! be maintained and such records shall be open to inspection at all reasonable times. 8.3 Within ninety days after the end of each calendar year, the Authority shall prepare and present to the Parties a comprehensive annual report of the Authority's activi#ies and finances during the preceding year. 8.4 The Authority shall also prepare and present such reports as may be required by law, regulation or contract to any governmental agency. 8.5 The Authority shall also render to the Parties hereto, at reasonable intervals, such reports and accounting as the Parties here#o may from time to time request. !X. TERMINATION OF AGREEMENT 9.1 This Agreement shalt be in full force and effect upon the execution of the Agreement by the Parties in accordance with paragraph 12.2 hereof, and shat! continue in full force and effect, subject to amendments, until terminated by a majority of the then Parties. 9.2 Any Party's participation in this Agreement may be terminated by written notice from such Party to the Authority Board at least 1 SO days prior to January i of any given year. Termination of any Party's participation in this Agreement shall terminate al! unaccrued obligations of the terminating party unless such Party has agreed to be liable #ar a debt of the Authority pursuant to the provisions of paragraph 7.6 herein. -5- • • 9.3 Upon termination by 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 Authority and iris property, duties and obligations. 9.4 Upon termination of this Agreement, the property of the Authority shall be transferred to the County of Eagle, State of Colorado. X. AMENDMENT i0.1 This Agreement may be amended by a majority of the then Parties from time to time, in writing and executed by those Parties. 10.2 Additional Parties may be added to this Agreement at any time upon delivery of an appropriate resolution or ordinance directing same, and upon execution of this . Agreement and any amendment in existence at the time. XI. LIABILITY OF AUTHORITY BOAR©, AND ITS OFFICERS AND EMPLOYEES; INSURANCE i 1.1 The members of the Authority Board and its officers and employees shall not be personally liable for any acts performed or omitted in good faith during the scope of their duties pursuant to this Agreement. 11.2 The Authority shall obtain insurance for the members of the Authority Board and the Authority against claims which may be brought against them. I i.3 The Authority may obtain a bond or other security to guarantee the faithful performance of the duties of the members of the Authority Board. XII. MISCELLANEOUS 12. In case any one ar more of the provisions contained in this Agreement shall be for any reason held invalid, illegal or unenforceable in any respect, such invalidity or unenforcibility shall not affect the other provisions hereof, and this Agreement shall be construed as if such invalid, illega[ or unenforceable provision had never been a part hereof. 12.2 This Agreement may be executed in counterparts. Execution of this Agreement by fewer than ail parties shat! cause the Agreement to be effective between those parties. 12.3 Notice hereunder shall be given by United States mail to the address of the entity as set forth herein, said notice being deemed received three days after mailing. ; ; I2.4 This Agreement shalt be construed pursuant to Colorado law. --6- • ~ ~ ~ .~ IN WITNESS WHEREOF, the Parties hereto have caused their respective names and seals to be affixed hereto, as of the day and year herein above set forth. COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its ATTEST: BOARD OF COUNTY COMMISSIONERS By: By: Clerk to the Board of Donald H. Welch, Chairman County Commissioners P.O. Bax 850 Eaaie. CO 81631 A i ~ cST: TOWN OF AVON BY: By: Clerk Mayor P.O. Box 975 ~ . Avon. CO 8I620 ATTEST: TOWN OF EAGLE BY: By: Clerk Mayor P.O. Box 609 Eaale. CO 8631 A i ~ 1ST: TOWN OF GYPSUM BY: By: Clerk Mayor P.O. Box 237 Gvnsum. CO 81637 ;I -7- • ~ .. -- --- -- ATTEST: ~ TOWN OF MINTURN BY: By: Clerk Mayor P.O. Box 309 Minturn. CO 81645 ATTEST: TOWN OF RED CLIFF BY: By; Clerk Mayor P.O. Box 109 Red Cliff. CO 81649 ATTEST: TOWN OF VAIL BY: gy; Clerk Mayor 75 S. Frontage Road Wes# Vail. CO 81658 EAGLE COUNTY EMERGENCY SERVICES HOSPITAL DISTRICT AiitST: BY: By; Chairman P.O. Bax 1637 Vail CO 81658 :I -8- ~ ~ ~ _. GREATER EAGLE FIRE PROTECTION ATTEST: DISTRICT BY: By: Chairman P.O. Box 666 Eaa1e. CO 81631 ATTEST: GYPSUM FIRE PROTECTION DISTRICT BY: gy. Chairman P.O. Bax 243 Gvgsum. CO 82637 WESTERN EAGLE COUNTY AMBULANCE A i i cST: DISTRICT BY: By; Cfairman P.O. Box 1077 Eagle. co st631 ,. -~- • • • EXFII6IT A EA(tLE COUNTY INTERCiOYERNMENTAL AGREEMENT CONCERNING TNE. IMPLEMENTATION OF AN "lwttti° 7ELEPHONf SERVICE Thla Inlergovernmenlal Agreemen! far `E9i 1" Telephone Servce ('Agrearrtont'} is mado thief day of , 1890, by and between ilia iotlowing parties (hereafter referred to colieslvary es "Parties'}: 1. Board of Caunly Commlasbnars, County nl Eagle, Stale of Colorado {"board of County Commissioners"); 2. The Town of Avon, a munldpa) corporatbn f'Avdn") 3. Tha Tawn of Eagle, a munlclpal cnrporatlan ("F.agla'); 4. Tho Town of Gypsum, a munlclpal corporation ('Gypsum'}; 5. Tha Town of MlnWrn, a munlclpal corporallan ('Mlnturn"); 8. Tha Town nl Rod CI#lf, a munlc{pal caporallon ('Rod Cliff"J; 7. Ths Town of Vail, a municipal carparallon 8. The Fagle Caumy Emergency Services Hospital Oleuts (arkra Eagle County Arrtbulance Service), a quest-munlclpal corporallan 9. Tho Rrealer Eag1a Flre Protection Dls[rbt, a quest-munlclpal cogwreilon i"EFPD'}; 10. The Gypsum Flro Protection Olalrls, a quasi-munlclpal corporation {"GFPD"); and 11. Western Eagle County Ambulance District, a quaebmunlclpal corporat[nn ("WECAD"). WITNESS£TH: WHEREAS, pursuant la Artlde 11 0! Title 29 of the Colorado ReNaed Statutes (herelnaker the "AS") the Partbe heroin era delegated the power to Doter into intergavarnrrientat apreamants o1 this type !or the purpose d provlding emergency telephone saNloo; and WHEREAS, iho Ant ancourapas and autharixes agreements of ibis nature; end WWEREAS, h waukt serve rho public warfare and be In the boat Interest o1 rho Parties to participate in the organlxatlon, administration and common use at a central etttergency telephone service authorky; arts WHEREAS, the Parties desire to error Fnro this Agraernentforthefotlowlnp purposes:{t)lo establlah a separate legal entltY to be known es the 'Emergency Telephone Service Authnrhy' whicfi shag ba reapanslbla Icr admintetering the optHatbn of the emergency telephone service prgptam; and (2) to saline ilia manner in which each of the Parties will participate in the Emergency Telephone Service Authnrhy; and WHt:REAS, this A raernenl supersedes a aMntlar agreement salad June 2B, /t7B8. NOW, THEF~FOHE, W C)pNBIOERATIPN OF THfM MUTUAL COVENANTS SET'FOR7H HER6EN. THE PARTiE9 AGREE AS FOLLOWS: L DEFiNRION3 'iho deflnltlons for the forme 'emergency telephone charge', emergency tolophone service', `equipment supplier`, 'exchange stress facllklee", `governing body", 'person", 'ptrWb agency', `aervke ettppheP, 'service useY and'taritt rates' as used in this Agrearrtont shall be the same ae rho dallnilbna set lgrih In the Act. II. GENERAL PROVISIONS 2.t Pursuant to the As, Ina Fettles Hereby osirtbliah a separate legal entity to be known ae the 'Emergency Telephone 3orvlce Authorlty' (hereinafter relerrod io as the `Authorlty') which shelf be responsible tar edministeiing the oparallon of the emergency telephone service program asset tnrth hsreln. 2.2 Tha Partlea agree tHat, contemporaneously herewith, they wail, by reaolulbn nr ordinance, wnathuta, authorlxe and e ,. " : r the Amnorlty, as a separate ontify with lull powers to enter torn aantracts, to aua, and otherwlae do all tHinga necessary to carry out the duties detegaied hsreln. 2.3 The area to which etttergnncy telephone sarvlcea aHa11 be supplied and rho area within which service users shall be aurehargnd, all as provided Heteln, shall be Eagle County as that judedktlon fs dnllnod by Colorado law. Ell. EMERGENCY TELEPWGNE SERVICE AUTt-iDRfTY BDARD + ., ,.,. 3.i Tha Board of Directors of tfie Aptnorny ('AUthorhy Board') shall consist of five (5) rnembare who shall ba appointed by, and serve at tiro pleasure oi, .the Board of Caumy Commiseionots. Two members shall ba yrpolntsd from veal of Wolcall, Iwo members from weer of Wolcott, and one membors shall be appointed "at' largo-• At such lime as iho BasaftlEl Jebel area Joln Into the Eagle County E911 system, the Illth member aF the Authorky Board shall be appolmed Irom that area. 3.2 Tha Board of Gounty Cnmmisaianars she!! appoint a Prealdent and Secretary of the Authorlty Board from among rite rnembors of the Aulhorhy Board, 3.3 The lnit{al terms of two directors §Hall ba , ihtea years each, two directors ehalE be far tarrrB ~ of two years oath and the F;Nh director shall ba appointed far a form of one year. In the Initial appglnlmanls, iho Beard of County Carnmlasloners shall deelgnato the length of the respectlvelerrr>g of each member, Thereafter, the terms of all members shall be !wn years, All directors are ehgble tar reappolnimant. 3.4 The Beard of County Commlesloners may rornove a director Irom o41ce for cause at any tiros. Altornata members may be appointed to serve as a member a1 the Authority Soars In the absence of any rrtamber In the manlier as set (ooh herein. IV. RULES AND Rl=GULATIONS The Authority Board may adopt bylaws and/or supplementary rules and regulatbns as it deems ' necessary, provided that said bylaws endlor supplementary rules and regulations are In compliance with the Act, this Agreement and Caferadn law. V. POWERS OF THE AUTHDRITY Tha Aulhodty shall be empowered and autharirod to: 5.1 Contras for the Installation and operatbn of an emergency telephone service. 5.2 pay for such equipment, software, inatallatlon of equipment and software, and rolatod sorvlces try way of lease, purchase or loose-purchase. 5.3 Galled an emergency tolophone charge as Arovlded by the As In an amount not to oxcend eovonty cents (5.70) per month in those portions o-1he service area for which emergency lelephpne sorvlce le to be provided. 5.4 The Amharily's Tunds shall be spent sobly ro pay for (whether by lease, purchase, or lease-purchase} sires and incidental casts asaaclated with the acqulsltfon of equipment and eaftware, and iho lnatahatlan thereof, as well as the dfrect and Incidental coats of operating an emergency telephone service, inciudfng tits mphlHly recurring charges blllod by the servka aupAliar, and for such other expeneos reasonably necessary to- snaffle the Authorlty to dlecharga lls suites Hereunder. 5.5 !n addillon, the Autharlly may do any other act as rosy be naoossary for ilia provlelon of emergency telephone service, Induding, but not limited lo, cantracilnp with equipment vondore and service suppliers for the purpose of otrlaininp the benafH d technalopical davelopmanle which the Authority deems nocessary to lrrprova or enhance the quagty and eNldenay d service to be provided hereunder. 8.8 No sot nr course of action shall ba undertaken by the Authorty or w rho name oilha i Authorlty unless the settle N first duly autharized . by a ma)oray ode d the Authafty Board at any tstaetJng, upon due nolba fYSt pMen, al which a quorum N pretwnt d a trrrrjodly o} the ~. .: rs of rho Authorky Board then holding o8tca, or as permitted by law. VI. $UDGET AND OPERATING COSTS 8.1 Tha Authorky shag adopt an annual twdpet for the costs d equyrrrtem, oparatlan and maintenance d provkifnp emarponcy telephone service. Tha lwdget shalt ba submlaed to rho Board d County Cammisslonars tar review arts approval. 8.2 Unlaes agreed to by a maJarlty W rho Parties or as provided In paragraph 8.3 herein. the annual budget of rho Authority for adminlaUative expenses shall oat exceed Twa Thousand Dntlars (52,000), plus the casts of en annual audk arM Insurance. 8.3 Each year hr whtdt the Authcrlty begeveS funds for adminislralHa costa In excess d 52,400 are necessary, k shall prepare and submit a budge! request to the Board of Gounty' Commiseloners try Jufy 16 of rho year prior to when the funds era necessary. The Board d County Commlesinners shall consider the budget request In the County's annual epprnprlatlon. Vil. FUNDS AND OPERATIONS 7.1 The unlform charge par exchange access acllhy shag be collected by the service supplier rod dellrsred [o the Authority, Tha r~ariba hereto shag have tw obllgatlan to cnlles flits unlform Marge. 7,2 Tho funds of life Authorlty shall bn ~nalntalned in one or more accounts in accordance wkh Cobrado law and shall not be ^ammingtad with rite lunds of any of the Parties. Any funds rernalning ki rho accounts at year end shall be carried over to the next succeeding yeaz. 7.3 The Authority's funds shag 1>o used for the purposes sat forth herein Includ{np, bu! not limited to, the payment of adminlstrative, operatktg and maintenance casts, and amounts due to any lender nr lessor for any sums advanced, plus Interest or ether charges. No disbursement ahafi Ho made from rho funds of the Authority except by check and unless s bill for goods or services actually rendored or dekvared has been 11rst submitted and approved far payment by the Authority, said approval being evldanced by a verging signed by the prealdent ,and Secretary of the Authorlty Board, 7.4 Except for any loan, Isase or contract expressly approved by the Board of County Commiealanera, the Authority shalt not borrow money, enter into any lease agreement nr execute anY contract having a price or value In excess of 410,000. Further, the Authorlty shall not approve anY claims or Incur anY obllgatbna for expenditures unless there Is suiflclent unencumbered cash, cradilod io the Authority, wkh which to pay the earns. 7.6 The Authority may Invest ks funds only In accordance whh any applicable laws of the State of Gatorade governing the invastrnsnt of public funds.- .... - - ... _, -. ., 7.6 No.Party to flits Agreement shag have any.. liability to pay for any debt or other obl3gatlon I Incurred by rho Authority unless loafs is a j apocitlc undertaking by each party [o do so, , accompanied by an appropdatlon approved wltfi ' the requlslte formalltfes. 7,7 Nothing herein prevents the Authority Irom raturning any surplus operating revenues provided by the Parties borers tar the operation of this emergoncy telephone service to the rospecllve Parties hsreln In the same prapanion that said Parlbs arlginally conhibuted funds for operation pursuant to Paragraph 7.6 hereof, VIII, BOOKS ANp RECORDS B.1 Tho Authorlty shall trratnlatn adequate errs correct accounts of its funds, properties and business transactions, which accounts aka€I be open to inspection at any reasvnablo Nma by the Parties hereto, their accountants or their agents, as wag as the general publb. Tho Ruihorlty shall cause to be conducted an annual audit, which audit shalt be conducted by an Independent cenilied public accoumant licensed by too State of Colorado, The Authorlty shall ills a copy of said audit with each of the Parties. 8.2 A written record of all proceedinga of the Authorky Board as well as of acgan taken shall be malntalned and such rocords shall be open to Inspactbn at akl reasonable limas. 8.3 Wkhin ninety days after tae end of each calendar year, the Authority alias prepare and present to the Panles a camprehnnslvo annual report of the Authorilya actlvltlea and ilnances during the pracnding year. B.4 The Authorlty shall also prepare and presam such reports ae may ba roqulred by law, ragulatlon or cantraci tq any governmental ag 6.5 Tha Authority shall also render to the Parties hereto, et reasonable €nfervala, such reporie and accounting as the Partlas hsreln may f tom lima to time request. IX. TERMINATION OF AGREEMENT 9.1 THIS Agreement shall be in lull force and crtfect upon the execullon of the Agreemem by tits Frarties in accordance with paragraph 12.2 horaot, and shall continue In full force and oflect, subJes to amendments, until terminated by a majority o1 the than parties. 9.2 Any Party's parlicipatlon In this Agreement may be terminated by wrlnen notkn from such Party to the Authorlty Board at leas) 180 days prier to January 1 of any given year. Termination of any Party's partidpatlon. In this Agreement shall terminate all unaccrued obligations of rho terminating party unless such Parry has agreed to be liable !ar a debt ni the Authorky putauanl to the provisoes of Paragraph 7,6 herein. 9.3 Upon termination by a majority of [ho Pardee to this Agreement, the powers grained to rho Authnrhy under this Agreement mall cominue to Tha extent necessary to metro an effective diapoahlan of the Authorky and Its properly, suites and obligations. 9.4 Upon termination at Ih+s Agreement, the properly of the Authority shall be transtarrad to rho County of (ragla, Stale of Colorado. ' X.AMENDMENT t0.1 This Agreement may be amended by a majodty of the then Partlea frpm titre to tittle, In wrking and executed by those Parties. t0.2 Additlanat Parties may be added to foie Agreement at any time upon delivery of an approprlale resolullan nr ordinance directing same, and upon execullon pf this Agreomonl and any arlrondntent Irt existence at the time. Xi, L1AI3iLITY OF AUTHDRITY 130ARD, AND ITS OFFICERS AND EMPLpYEES; INSURANCE 11.1 THa members of 1ha Authorlty Board and its officers and employees ahafi not be personally liable for any acts performed or omlRed in good faith during the stops of t3telr duties pursuant to flits Agroement, 11.2 The Authnrhy shalt obtain Insurance for the members of the Authority Board and Ehe Authority against claims which may na brought against them. . 11.3 The Authnrhy may obtain a bond or oilier security to guarantee the taithiul performance of the duties of the members of the Authorky Board. XII. MtSCELLANE0U5 12.1 1n ace any one or more cf the provisions contained In this Agreement shalt bo for any reason held Invalid, Illegal or unenforceable fn any respect, such Invalfdhy or unenforcibllity shall not affect the other provisions horaot, and Ihla Agreomonl shall bs construed as ii such Invalid, Illegal or unanlorceable provision had never been a pan horeof. 12.2 Thls Agreement may be executed in counterparts. Execution of this Agreamont by fewer than all parties shall cause the Agreemem to be effective between those parties. 12.3 Notice hereunder shall be given by United States malt to the addross of the entity as set forth herein, Bald nattce being deemed received Three days attar mailing. 12.4 THIS Agreement shall be construed pursuant to Colorado law. IN WITNESS WNERt;DF, the Parties Hereto have caused theh reapeslva names end seals to be atlixod Hereto, as of ilia day and year hsreln above sat forth. COUNTY OF EAGLE STATE OF COLORApO TOWN OF RED CLIFF By and Through Its By: Mayor BOARD OF P.O, Box 109 COUNTY COMMISSIONERS Red CIiF(, Gabredo 81849 Donald H. Welch, Chairman P.O.Boxt35q TpWNflFVAIL Eagle, Cobrado 81631 8y: Mayor Snuih Frontage Road Wast TOWN OF AVON Vail, Cobrado 81657 $Y: Mayer EAGLE GOiJ1VTY p.0. Box 975 EMERGENCY SERVICES Avon, Colorado St82t) HOSPITAL DISTRICT TOWN pF EAGLE BY~ Chairman By: MaYOr p.0. Bax 1637 Vaft Cobrado 81658 P.p. Box 609 , Eagle, Cobrado 81631 GREATER EAGLE TOWN OF GYPSUM iEPROTECTIONDISTRICT By: FAaYor By: Cnalrman P.O Bax (~6 P.D, Box 237 gypsum, Cobrado 61637 , Eagle, Cobrado $1631 TOWN QF MINTURN GYPSUM FIRE By: Mayor PROTECTION DISTRICT P.O. Box S09 $y: Chairman Minlurn, Calpmdo 81645 P.O. 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