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HomeMy WebLinkAboutBOCC.packet. 05142014 Communications Center IGAAGENDA ITEM SUMMARY REGULAR SESSION DATE: May 14, 2014 AGENDA ITEM TITLE: Resolution of the Board of County Commissioners of Pitkin County, approving an Intergovernmental Agreement(IGA) with the City of Aspen, Town of Snowmass Village, Town of Basalt, Aspen Fire Protection District, Snowmass- Wildcat Fire Protection District, Basalt and Rural Fire Protection District, Aspen Ambulance District, and the Carbondale and Rural Fire Protection District concerning the continued operation of Aspen - Pitkin County Communications Center STAFF RESPONSIBLE: Bruce Romero, Emergency Dispatch Director Phylis Mattice, Assistant County Manager ISSUE STATEMENT: Amending the IGA to reflect current and future operations BACKGROUND: The first IGA signed forming the Communications Board was in 1976. Since then the IGA has been amended three times; 1983, 1990 and 2009. The ETSA and Dispatch IGAs are being brought to the BOCC at the same time because of the close link between Dispatch and ETSA administration and operation. Attorneys for Pitkin County, all municipalities and special districts have reviewed and approved the IGA. The Snowmass- Wildcat Fire Protection District board has approved the IGA. All other signatures are in progress. LINK TO STRATEGIC PLAN: Safe and Healthy Communities - Continued cooperation and coordination through this IGA will promote a safer environment for the citizens and visitors of Pitkin County as well as portions of Eagle and Gunnison Counties that are served by this Public Safety Answering Point (PSAP). KEY DISCUSSION ITEMS: Changes of note: • Change of name from Aspen - Pitkin County Communications Center to Pitkin County Regional Emergency Dispatch Center • Capital plan and funding language added • Line of supervision for the Emergency Dispatch Director has been made clear. • Network services language added to conform to the Federal Bureau of Investigation's requirement regarding Criminal Justice Information Systems Security Policy for physical and virtual security. • Ownership of data has been defined. • Overhead charges have been added • Payment schedule amendments BUDGETARY IMPACT: None RECOMMENDED BOCC ACTION: Approve the Resolution approving the IGA on first reading and set for second reading and public hearing on May 28th. ATTACHMENTS: • 2014 Intergovernmental Agreement for the operation, administration and financial support of the Pitkin County Regional Emergency Dispatch Center • 2014 Resolution approving the IGA RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, APPROVING AN INTERGOVERNMENTAL AGREEMENT WITH THE CITY OF ASPEN, TOWN OF SNOWMASS VILLAGE, TOWN OF BASALT, ASPEN FIRE PROTECTION DISTRICT, SNOWMASS- WILDCAT FIRE PROTECTION DISTRICT, BASALT AND RURAL FIRE PROTECTION DISTRICT, ASPEN AMBULANCE DISTRICT, AND THE CARBONDALE AND RURAL FIRE PROTECTION DISTRICT CONCERNING The CONTINUED OPERATION OF THE ASPEN- PITKIN COUNTY COMMUNICATIONS CENTER RESOLUTION NO. , 2014 RECITALS: 1. The above listed parties have operated a joint public safety communications system serving their respective jurisdictions know as the Aspen - Pitkin County Regional Emergency Dispatch Center, pursuant to agreements dated February 23, 1976, and January 3, 1983, and February 1, 1990, and March 25, 2009; and 2. The parties agreed to a restructuring of this system whereby the system became a department of the County, which then contracts with Aspen, Snowmass Village, Basalt, Aspen Fire, Snowmass - Wildcat Fire, Basalt Fire, Carbondale Fire and Aspen Ambulance to provide services to them (and to other user agencies) for an established fee; and 3. The parties desire to enter into an intergovernmental agreement regarding the continued provisions of emergency communication services, which agreement is intended by the parties to replace and supersede all earlier agreements, amendments and additions hereto; and 4. The Aspen - Pitkin County Communications Center will now be known as the Pitkin County Regional Emergency Dispatch Center. NOW, THEREFORE BE IT RESOLVED by the Board of County Commissioners of Pitkin County, Colorado: that the Chairman is authorized to execute the revised Intergovernmental Agreement concerning the continued operation of the Pitkin County Regional Emergency Dispatch Center. 1 INTRODUCED, FIRST READ, AND SET FOR PUBLIC HEARING ON THE DAY OF 2014. NOTICE OF PUBLIC HEARING AND TITLE AND SHORT SUMMARY OF THE RESOLUTION PUBLISHED IN THE ASPEN TIMES WEEKLY ON THE F17.1%,0411 2014. NOTICE OF PUBLIC HEARING AND THE FULL TEXT OF THE RESOLUTION POSTED ON THE OFFICIAL PITKIN COUNTY WEBSITE ( www.aspenpitkin.com ) ON THE DAY OF 2014. ADOPTED AFTER FINAL READING AND PUBLIC HEARING ON THE DAY OF 2014. PUBLISHED BY TITLE AND SHORT SUMMARY, AFTER ADOPTION, IN THE ASPEN TIMES WEEKLY ON THE DAY OF 92014. POSTED BY TITLE AND SHORT SUMMARY ON THE OFFICIAL PITKIN COUNTY WEBSITE ( www.aspenpitkin.com ) ON THE DAY OF 2014. ATTEST: By Jeanette Jones Deputy County Clerk APPROVED AS TO FORM: John Ely, County Attorney BOARD OF COUNTY COMMISSIONERS In Robert A. Inner, Jr., Chair Date: MANAGER APPROVAL Jon Peacock, County Manager 2 ,1TKIN r CoUNTI� INTERGOVERNMENTAL AGREEMENT FOR THE OPERAJION, t KU ►'- u ► ► THIS INTERGOVERNMENTAL AGREEMENT (IGA, the "Agreement ") is made this day of , 2014 by and between Pitkin County, the City of Aspen, Town of Snowmass Village, and Town of Basalt, and the Special Districts of Aspen Fire Protection District, Basalt and Rural Fire Protection District, Aspen Ambulance District, Carbondale and Rural Fire Protection District, and the Snowmass- Wildcat Fire Protection District each being a political subdivision and a governmental entity providing services within Pitkin County, and identified areas of Eagle and Gunnison Counties, State of Colorado, and hereinafter severally referred to by name or collectively as the "Participating Members," WHEREAS, the agreement is entered into pursuant to, inter alia, C.R.S. §§ 29 -1 -201, et seq., and Article XIV, Section 18 of the Colorado Constitution; and WHEREAS, Participating Members entered into an original Intergovernmental Agreement on February 23, 1976, as amended on December 13, 1982, February 1, 1990 and May 13, 2009 establishing a joint public safety communications system, named the Aspen - Pitkin County Communications Center (Center), serving their respective jurisdictions. WHEREAS, the Participating Members in the performance of their governmental functions, do furnish fire and/or law enforcement protection and other public safety 11 Intergovernmental Agreement for the Operation, Administration and Financial Support of the Pitkin County Regional Emergency Dispatch Center services to the citizens and residents within the boundaries and areas of their respective service areas, and WHEREAS, Services from the Center to date have been provided to all the Participating Members for an established fee by the Center as a Department under the direct control and supervision of Pitkin County; and WHEREAS, the parties hereto desire to update the current agreement and revise the Center's name to the Pitkin County Regional Emergency Dispatch Center to reflect current practices; WHEREAS, the Participating Members do hereby collectively determine and declare that this IGA is necessary, proper and convenient for the continued fostering and preservation of the public peace, health and safety. NOW, THEREFORE, in consideration of the premises and of the respective covenants and undertakings of the parties, as herein set forth, IT IS AGREED UPON as follows: 1. Effect of IGA. Except as expressly provided herein, this IGA shall replace and supersede all prior agreements of any kind between all or any of the Participating Members and any or all other Participating Members hereto, to the extent and for the limited purpose as such other agreements may be related to the provision of services by the Aspen - Pitkin County Communications Center, to now be called the Pitkin County Regional Emergency Dispatch Center. The previous Intergovernmental Agreement (IGA) as amended is hereby cancelled and of no further effect. 2. Term. The initial term of this IGA shall commence on May 1, 2014 and expire on December 31, 2018. Upon the expiration of the initial term, the IGA shall automatically renew for an additional five (5) year renewal term and will automatically renew for additional five (5) year terms thereafter, subject to the provisions of "Article V, Default Termination & Withdrawal," Intergovernmental Agreement for the Operation, Administration and Financial Support of the Pitkin County Regional Emergency Dispatch Center 1. Administration of the Center - County Government. a. The Center shall remain a department of Pitkin County. b. The County has identified the County Sheriff (or his designee) as the administrator responsible for the oversight of Center operations. The Center shall be administered and supervised by the Emergency Dispatch Director (Director), or otherwise designated position by the County. All persons employed by the Center, including the Director, shall remain as Pitkin County employees, subject to all Pitkin County personnel policies and procedures, and eligible for all Pitkin County employee benefits available to like employees. d. Pitkin County shall have fiduciary responsibility for the Center and shall be its fiscal agent. The financial and budgetary process for the Center shall, at all times for the duration of this IGA, follow Pitkin County policy and procedure regarding such matters. e. Pitkin County shall provide defined overhead services for the Center including payroll administration, legal services, information systems services, and building and grounds support, as provided for herein. f. The space housing the Center is owned by Pitkin County and the County shall exercise control with respect to its use, maintenance, and care. g. All right, title and interest to the assets of the Center including, without limitation, all equipment, hardware, software, furniture, fixtures and supplies are property of Pitkin County. Portable and mobile radios, pagers and associated equipment purchased by Participating Members are excluded and remain the property of the respective agency. h. The specific duties and responsibilities of Pitkin County and County Sheriff, or its designated administrator, in addition to those general duties and authorities discussed above, are as follows: Ensure Pitkin County policies and procedures are followed in the hiring and terminating the employment of the Director. ii. Ensure the Director demonstrates effective control over the supervision, operation, and development of the Center. Intergovernmental Agreement for the Operation, Administration and Financial Support of the Pitkin County Regional Emergency Dispatch Center iii. Oversee the Director's authority to hire such employees as may be required but, only to the extent authorized by appropriations for this purpose and further, to discipline or terminate employees of the Center pursuant to applicable law and the policies and procedures of Pitkin County. iv. Develop and recommend an annual budget to the Pitkin County Board of County Commissioners ( "BOCC ") for final BOCC approval and/or modification. V. Apply fees as established by the Board and provided in the budget. The County Home Rule Charter, along with the administrative, financial, and management policies, procedures, regulations, and ordinances of Pitkin County shall apply with respect to the operation and management of the Center. 2. Governance of the Center - Communications Board. a. The Board shall be comprised of the following individuals of Participating Member agencies: i. Pitkin County Sheriff or his designee in writing; ii. City of Aspen Police Chief or his designee in writing; iii. Town of Snowmass Village Police Chief or his designee in writing; iv. Town of Basalt Police Chief or his designee in writing; V. One Special District representative selected by the five (5) special district Participating Members: Aspen Fire Protection District, Basalt and Rural Fire Protection District, Aspen Ambulance District, Carbondale and Rural Fire Protection District; and Snowmass- Wildcat Fire Protection District. No other agency representative may be a member of the Board, unless expressly approved in advance by the Board. b. The purpose of the Board is to provide representatives of the Participating Member agencies with a means to offer advice, suggestions and recommendations to the Director and the County with respect to the operation Intergovernmental Agreement for the Operation, Administration and Financial Support of the I Pitkin County Regional Emergency Dispatch Center and management of the Center to ensure the efficient operation of the Center. c. The Board shall set and maintain its own by -laws, policies and procedures related to the conduct of meetings, standards for members, and all other internal matters, provided such policies and the like in no way interfere with the policies and procedures of Pitkin County. d. Term length for each Board member is perpetual, as long as their agency remains in compliance with the terms and conditions of this IGA. e. The Board shall assume and carry out the following duties and responsibilities: Elect from its membership a Chair, who will serve as presiding officer and primary spokesperson. The term for Chair is as the Board may deem to be appropriate. ii. Meet as often as may be required, but not less than once during each quarter of the calendar year. iii. Make recommendations and determinations regarding the definition of emergency services, expectations for service levels and the appropriate use of Center services. iv. Oversee operational goals and guidelines for the Center. V. Regularly review the performance and operation of the Center and recommend day -to -day operating policies, procedures and/or operational protocols to the Sheriff (or his designee) and the Director. vi. Work with the Director to make budget recommendations, including capital improvements, to the County. vii. Evaluate the Center's Fee Schedule as part of the budget process; make recommendations to the County regarding policy for the fee schedule as an element of the overall budget process. viii. Provide written comments regarding the performance of the Director, as appropriate, to the County Sheriff for formal consideration during the Director's performance appraisals. ix. Establish guidelines for evaluating the provision and contracting of Intergovernmental Agreement for the Operation, Administration and Financial Support of the Pitkin County Regional Emergency Dispatch Center Center services as requested by other agencies. X. Recommend to the County an appropriate rate of compensation for services provided to (1) those entities contracting with the Center for limited services, as well as (2) any and all Participating Members in default still receiving emergency services from the Center. 3. Emergency Dispatch Director. a. The Director reports and receives general supervision from the Pitkin County Sheriff. b. The duties of the Director shall include: Responsibility for the day to day operations of the Center, operational budget control, personnel management, long range and capital planning. ii. Recommending the appointment, promotion and termination of Center employees, subject to Pitkin County policies and procedures. The Director shall have the authority to administer appropriate discipline with respect to any of the Center's operating personnel with the exception of termination which requires the approval of the Sheriff (or his designee) and the County Human Resources Director. Notification of terminations will be provided to Participating Member representatives. iii. Attending all Communications Board meetings. iv. Provide quarterly financial and operational reports to Participating Members. V. Working regularly with the Board or it's designees to develop operational protocols. vi. Establishing internal rules, policies, and measures (not inconsistent with federal, state or local laws or administrative policies of Pitkin County) governing the internal management of the Center and its relationship to County departments and other outside agencies. 1 Intergovernmental Agreement for the Operation, Administration and Financial Support of the Pitkin County Regional Emergency Dispatch Center 4. Network Services. a. The Pitkin County Network ( COMNET) is maintained by Pitkin County and by using COMNET resources, all Participating Members agree to comply with the current Criminal Justice Information System (CJIS) Security Policy The CJIS Security Policy applies to every individual - contractor, private entity, noncriminal justice agency representative, or member of a criminal justice entity - with access to, or who operate in support of, criminal justice services and information. Any employment status changes of CJIS users must be communicated to the County as soon as possible. b. National Crime Information Center (NCIC) /Colorado Crime Information Center (CCIC) Integrity and Protocol. The Board and the Director shall have the authority to ensure the Center conforms to NCIC /CCIC guidelines, regulations and protocols and to oversee NCIC /CCIC computer system. Only those Participating Members who work within the criminal justice system shall resolve any issue directly related to NCIC /CCIC. c. Participating members to this agreement affirm that any and all data in any shared records systems is the sole property of the entering member, who shall also be the official custodian of the record. While participating members have access to data in the shared records systems, only the entering member has personal custody of the public records they enter. Furthermore, the participating members agree that they will maintain the strictest security, in particular to keep all data from any unauthorized or accidental use, access, disclosure, damage, loss or destruction. All participating members agree that dissemination will only occur via the official custodian for any individual record. Intergovernmental Agreement for the Operation, Administration and Financial Support of the Pitkin County Regional Emergency Dispatch Center 1. Payment for Services. a. The Participating Members agree to the payment of an allocated annual share of the overall operating costs of the Center, which shall include but not be limited to the costs of salaries and fringe benefits for employees, telephones, supplies, utilities, maintenance, insurance premiums and deductibles and any other expenses related to the efficient operation and administration of the Center. Overhead shall be charged at a rate of 12 percent of the Participating Agencies calculated operational contribution. b. Such payment obligation shall be assessed according to each Participating Member's collection schedule agreement with Pitkin County, based on a proposed budget or actual expenditures as incurred for each year. The annual proposed budget, and accordingly the payment schedule for each Participating Member, may be modified from time to time to reflect the actual operating costs of the Center. C. 2. Calculation of Fees. a. An Annual Fee Schedule shall be determined by the Board and calculated on an annual basis in accordance with the following: i. Participating Members' Percentage of Use Fee budgeted fees shall be calculated based on a proportionate and equitable basis using their annual percentage of calls for service for the agency during the fiscal and calendar year, using data averaged for the two years prior to the to the current year. b. The Annual Fee for each Participating Member shall initially be based off the Proposed Budget. . Accordingly, the Proposed Budget, and the initial estimate of each Participating Member's annual fee may be subject to modification through the proper budget modification process. c. Notification of the estimated Percentage of Use Fee payments due from each Participating Member for the ensuing fiscal and calendar year shall be distributed as early as practicable of the prior year, based off the Proposed Intergovernmental Agreement for the Operation, Administration and Financial Support of the Pitkin County Regional Emergency Dispatch Center Budget for that ensuing year. 3. Collection of Fees. The collection schedule for Participating Members shall be on an annual or quarterly basis, depending on the established percent of calls for service for an agency. Participating Members with less than 15% of calculated calls may choose either a quarterly or annual payment plan as established in this Article - 1 b. Members with over 15% of calculated calls will pay quarterly as established in this Article - lb. Pitkin County will invoice Participating Members on the established schedule. Payment is due 30 days from invoice date. 1. Capital Budget. Capital expenditures for the Center, known as the Capital Budget, shall be budgeted separately from operations as part of the County's Capital Plan. The Capital budget shall be based on a 10 year plan identifying all capital expenditures for improvements and replacement of equipment/systems. 2. Calculation of Capital Contribution. The contribution formula for the Capital Budget shall be as follows: a. The first 25% of the Capital Budget shall be paid for by the County and Municipal Participating Members as follows: i. The total population of unincorporated Pitkin County and each Municipal Participating Member shall be established by the following: the total population of all entities combined shall be determined, and then a percentage of said total population shall be established for unincorporated Pitkin County and each Municipal Participating Member; ii. The County and each Municipal Participating Member shall make a payment based off the total of the 25% portion of the Capital Budget, multiplied by the percentage of total population prescribed to that County and Municipal Participating Member. This payment shall be called the "Population Payment." b. The remaining 75% of the Capital Budget shall be paid for by all Participating Intergovernmental Agreement for the Operation, Administration and Financial Support of the Pitkin County Regional Emergency Dispatch Center Members as follows: i. Each Participating Member shall be charged in accordance with their Percentage of Use, in order to derive the required monetary obligation for such agency for capital expenditures. ii. The Percentage of Use of each Participating Member shall be multiplied by the total of the 75% portion of the Capital Budget, in order to determine the payment each Participating Member shall make. iii. This payment shall be referred to as the "Capital Use Payment ". iv. Each County and Municipal Participating Member shall be responsible for a total payment equal to the "Population Payment" plus the "Capital Use Payment." c. Modifications to the Capital Budget, in terms of monetary obligations, as well as the contribution formula, may be recommended by the Board as deemed appropriate. Said budget may be subject to modification from time to time in accordance with the same policies and procedures as set forth for operations charges. 3. Capital Payment. Capital expenditure payments for each Participating Member shall be made in accordance with the schedule for payment set forth for the operations costs in Article III.3 above. 1. Notice of Default. In the event any Participating Member fails to pay its share of the operating costs when due, or is otherwise in default under its obligations per this IGA, the County shall cause written notice to be given to the defaulting Participating Member's legislative body or other authority that approved this IGA, of the Center's intention to suspend performance of Center Services under this IGA as to such Participating Member in default unless such default is cured within twenty (20) days from the date of such notice. Such notice shall set forth in reasonable detail, with the nature of the default and the required action to cure the same. Intergovernmental Agreement for the Operation, Administration and Financial Support of the Pitkin County Regional Emergency Dispatch Center 2. Suspension of Performance. Upon failure to cure said default within the said twenty (20) days period, performance of Center Services under this IGA shall be immediately suspended by the County, as to the defaulting Participating Member only. 3. Emergency Center Services. Notwithstanding anything above to the contrary, said suspension of performance of Center Services under this IGA shall not include any suspension of performance of "Emergency Services" by the Center, as such term is defined by the Board, for the defaulting Participating Member. "Emergency Services" shall continue to be performed by the Center for the defaulting Participating Member, and the County shall invoice the defaulting Participating Member for such emergency services at a rate as determined to be appropriate by the Board, for the duration of such suspension. All parties hereto concur that such invoices shall be considered a good and valid debt for the payment of services provided, which may be collected and/or assigned through all available legal and equitable means. 4. Termination. If, after committing default under this IGA which necessitates a suspension of performance of Center services as discussed above, any defaulting Participating Member continues to fail to correct any default under the performance of this IGA for an additional period of three months, the County may provide said defaulting Participating Member with a notice of intention to terminate the IGA with respect to said defaulting Participating Member upon the end of the current fiscal and calendar year. Such termination shall effectively eliminate any and all rights the defaulting Participating Member may have to rely on the provision of any Center services, including without limit, all emergency services. Any Center assets that were partially or fully purchased with that Participating Member's funding shall stay with the Center. The defaulting Participating Member will receive no repayment for any moneys, which were expended for the purchase of such assets under either this IGA, as such agreement now stands or may be amended from time to time. 5. Withdrawal. If a Participating Member wishes to withdraw from the Center, a one year written notice must be submitted to the County stating such intentions. Any Center assets that were partially or fully purchased with that Participating Member's funding shall stay with the Center. The withdrawing Participating Member will receive 11 Intergovernmental Agreement for the Operation, Administration and Financial Support of the Pitkin County Regional Emergency Dispatch Center no repayment for any moneys, which were expended for the purchase of such assets under either this IGA, as such agreement now stands or may be amended from time to time. 6. Survival of Agreement. Notwithstanding anything herein to the contrary, Participating Members understand and agree that all terms and conditions for this IGA shall remain in full force and effect regardless of an individual member's withdrawal or termination. 1. Waiver. The failure of any party to exercise any of its rights under this IGA shall not be deemed to be a waiver of any rights provided for under this IGA. 2. Appropriation of funds. a. Notwithstanding anything herein to the contrary, the obligations of each individual Participating Member under this IGA shall be, where appropriate, subject to the annual appropriation by that Participating Member's governing body, of funds sufficient to meet those obligations provided herein. In the event that sufficient funds are not so appropriated by any Participating Member, this Agreement may be terminated by either said Participating Member or the County as to said Participating Member. b. Nevertheless, no Participating Member shall be permitted to terminate or withdraw from this IGA prior to the end of a fiscal or calendar year due to such non - appropriation of funds, and in no circumstances shall any portion of any type of contribution of the Participating Member failing to so appropriate sufficient funds be returned or pro -rated due to such non- appropriation. c. No obligation provided in this IGA is intended to, or shall be interpreted to, constitute a multiple year direct or indirect debt or other financial obligation whatsoever within the meaning of the Constitution or laws of the State of Colorado. 3. Notice. Any notice or communication given pursuant to this IGA shall be given in 121 Intergovernmental Agreement for the Operation, Administration and Financial support of the Pitkin County Regional Emergency Dispatch Center writing, either in person, by electronic means or by certified mail, return receipt requested to the addresses listed in Addendum B, Nod &ation and Contact &ormaion, to this IGA, which is subject to modification from time to time. If given in person, notice shall be deemed given when actually given. If given by electronic means, notice shall be deemed given upon receiving notice. If given by certified mail, notice shall be deemed given at the time indicated on the duly completed return receipt. Any Participating Member may change the address to which notices, requests, consents, approvals, written instructions, reports or other communications are to be given by a notice of change of address given in the manner set forth in this paragraph. 4. No Benefit to Inure to Third Parties. This IGA does not, and shall not be deemed to, confer upon or grant to any third party any right to claim damages or to bring any lawsuit, action or other proceedings against any Participating Member because of any breach hereof, or because of any terms, covenants, agreements or conditions contained herein. 5. Modifications. No modification or waiver of this IGA, or modification of any covenant, condition, or provision herein contained, shall be made unless duly executed by a three quarters (75 %) majority of the Participating Member entities. 6. Agreement. This IGA constitutes the entire agreement and understanding between the Participating Members on the subject matter hereof, and supersedes any prior agreements or understandings relating to the subject matter of this IGA, except for other written agreements and understandings referred to herein. 7. Benefit. This IGA shall be binding upon and shall inure to the benefit of the parties hereto, their successors or assigns. 8. Severability. All agreements and covenants contained herein are severable, and in the event that any such agreement or covenant is held invalid, by a court of competent jurisdiction, this IGA shall be interpreted as if such invalid agreement or covenant Intergovernmental Agreement for the Operation, Administration and Financial Support of the Pitkin County Regional Emergency Dispatch Center were not contained herein. 9. Governmental Immunity. No Participating Member hereto intends to waive, expressly or implicitly, by any provision of this IGA, the monetary limits or any other rights, immunities and protections provided by the Colorado Governmental Immunity Act, Section 24 -10 -101, et sea., C.R.S., as amended from time to time, or any other privilege or immunity provided by law. 10. Attorney's Fees. If an action is brought to enforce this IGA, the prevailing party shall be entitled to reasonable attorney's fees and costs. 11. Applicable Law. This IGA shall be interpreted in all respects in accordance with the laws of the State of Colorado. Venue shall only be proper in Pitkin County, Colorado. 12. Paragraph Headings. Paragraph headings are inserted for convenience only and in no way limit or define the interpretation to be placed upon this IGA. 13. Indemnity. All actions or omissions by any Participating Member, and/or its designated representative, in the course and scope of its performance of any obligations, responsibilities, or duties under this IGA and/or as a member of the Board, shall be insured by the insurance policies and coverage to be obtained by Pitkin County for the Center and made part of the total operating costs of the Center. However, any and all actions or omissions by any Participating Member, and/or its designated representative, outside of the proper course and scope of its performance of any obligations, responsibilities, or duties under this IGA and/or as a member of the Board (hereinafter referred to as "non- authorized acts or omissions "), shall be the sole responsibility of the Participating Member, and/or its designated representative. Accordingly, each Participating Members hereto shall, without waiving governmental immunity, fully indemnify, to the extent permissible under Colorado law, for all injuries to person or property as are directly or indirectly caused by any such non- authorized acts or omissions of that Participating Member or a representative of such Participating Member, which result in any damages, claims, costs or liability of any manner, including without limit reasonable attorneys fees, each and every other Participating Member, and the Center as an entity. 141 Intergovernmental Agreement for the Operation, Administration and Financial Support of the Pitkin County Regional Emergency Dispatch Center 14. Insurance. Regardless of the obligation for the Center to carry all proper and necessary insurance to provide appropriate coverage for its operations, all Participating Members hereto shall also be required to maintain insurance coverage at a minimum of the limits for liability set forth by the Colorado Governmental Immunity Act, Section 24 -10 -101, et sea., C.R.S., as amended from time to time. 15. Hold harmless. Each Participating Member shall hold harmless the Center, its officers, employees, and agents against the loss of any service due to circumstances beyond the control of the Center. Such agreement shall extend to the Board and the Pitkin County Government as well. 16. Individual obligations. Each Participating Member is required to carry out and perform all the obligations of a Participating Member under this IGA independently of the actions of any and all other Participating Members. No Participating Member shall be responsible or liable for the failure of any other Participating Member to perform its obligations herein. It is agreed by and between the Participating Members that the Center may be in a position to furnish radio communications services to other governmental, quasi - governmental, or non - governmental entities, and in this regard, the Participating Members hereby expressly agree and consent that any such contract or agreement for the provision of services to such other entities and the Center shall be either through amendment to this IGA, or through a separate document on the same terms and condition as this IGA, including the formula used for annual cost calculations, as well as any other terms and conditions that the Center may deem appropriate which are not inconsistent with this IGA, do not lessen the service to, or increase the charges due from the other Participating Members. Notwithstanding the foregoing, Participating Members all acknowledge that certain governmental entities, at a maximum threshold of service demand as set by the Board, may potentially opt to forego participating membership into the Center per this agreement, and instead contract with the 15 l Intergovernmental Agreement for the Operation, Administration and Financial Support of the Pitkin County Regional Emergency Dispatch Center Center for services. L- In accordance with CRS §29 -1- 203(1), this IGA shall not become effective as to any party unless and until it has been approved by all Participating Members hereto. Provided, however, that if any potential Participating Member fails to approve this IGA by June 1, 2014, this IGA may become effective as to said non - approving Participating Member as an absolute condition of any Center service by unilateral order of the Board of County Commissioners of Pitkin County, Colorado Accordingly, the initial term of this IGA and the rights and obligations inuring there under shall run concomitantly for all Participating Members hereto, regardless of the date of signature of any one Participating Member. This IGA may be executed in counterparts. Execution of this IGA by fewer than all parties shall be governed by this Article. IN WITNESS HEREOF, the parties hereto, acting under authority of their respective governing bodies, have caused this Agreement to be executed the day and year first above written. 16 Intergovernmental Agreement for the Operation, Administration and Financial Support of the Pitkin County Regional Emergency Dispatch Center INTERGOVERNMENTAL AGREEMENT FOR THE OPERATION, ADMINISTRATION AND FINANCIAL SUPPORT OF THE PITKIN COUNTY REGIONAL EMERGENCY DISPATCH CENTER COUNTY OF PITKIN LIM Chair BOCC Date Intergovernmental Agreement for the Operation, Administration and Financial Support of the Pitkin County Regional Emergency Dispatch Center INTERGOVERNMENTAL AGREEMENT FOR THE OPERATION, ADMINISTRATION AND FINANCIAL SUPPORT OF THE PITKIN COUNTY REGIONAL EMERGENCY DISPATCH CENTER CITY OF ASPEN LIZA Mayor Date Intergovernmental Agreement for the Operation, Administration and Financial Support of the Pitkin County Regional Emergency Dispatch Center INTERGOVERNMENTAL AGREEMENT FOR THE OPERATION, ADMINISTRATION AND FINANCIAL SUPPORT OF THE PITKIN COUNTY REGIONAL EMERGENCY DISPATCH CENTER TOWN OF BASALT Mayor Date Intergovernmental Agreement for the Operation, Administration and Financial Support of the Pitkin County Regional Emergency Dispatch Center INTERGOVERNMENTAL AGREEMENT FOR THE OPERATION, ADMINISTRATION AND FINANCIAL SUPPORT OF THE PITKIN COUNTY REGIONAL EMERGENCY DISPATCH CENTER TOWN OF SNOWMASS VILLAGE Mayor Date 20 Intergovernmental Agreement for the Operation, Administration and Financial Support of the Pitkin County Regional Emergency Dispatch Center INTERGOVERNMENTAL AGREEMENT FOR THE OPERATION, ADMINISTRATION AND FINANCIAL SUPPORT OF THE PITKIN COUNTY REGIONAL EMERGENCY DISPATCH CENTER ASPEN FIRE PROTECTION DISTRICT LIM Board Chair Date Intergovernmental Agreement for the Operation, Administration and Financial Support of the Pitkin County Regional Emergency Dispatch Center INTERGOVERNMENTAL AGREEMENT FOR THE OPERATION, ADMINISTRATION AND FINANCIAL SUPPORT OF THE PITKIN COUNTY REGIONAL EMERGENCY DISPATCH CENTER ASPEN AMBULANCE DISTRICT Board Chair Date 22 1 Intergovernmental Agreement for the Operation, Administration and Financial Support of the Pitkin County Regional Emergency Dispatch Center INTERGOVERNMENTAL AGREEMENT FOR THE OPERATION, ADMINISTRATION AND FINANCIAL SUPPORT OF THE PITKIN COUNTY REGIONAL EMERGENCY DISPATCH CENTER BASALT AND RURAL FIRE PROTECTION DISTRICT go Board Chair Date 23 Intergovernmental Agreement for the Operation, Administration and Financial Support or the Pitkin County Regional Emergency Dispatch Center INTERGOVERNMENTAL AGREEMENT FOR THE OPERATION, ADMINISTRATION AND FINANCIAL SUPPORT OF THE PITKIN COUNTY REGIONAL EMERGENCY DISPATCH CENTER SNOWMASS- WILDCAT FIRE PROTECTION DISTRICT LIM Board Chair Date Intergovernmental Agreement for the Operation, Administration and Financial Support of the Pitkin County Regional Emergency Dispatch Center INTERGOVERNMENTAL AGREEMENT FOR THE OPERATION, ADMINISTRATION AND FINANCIAL SUPPORT OF THE PITKIN COUNTY REGIONAL EMERGENCY DISPATCH CENTER CARBONDALE AND RURAL FIRE PROTECTION DISTRICT LIM Board Chair Date Intergovernmental Agreement for the Operation, Administration and Financial Support of the Pitkin County Regional Emergency Dispatch Center