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HomeMy WebLinkAboutbocc.res.110.2016 CONTRACT#12L,)-N6 EMERGENCY RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS ("BOCC")OF PITKIN COUNTY,COLORADO, APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN PITKIN COUNTY ("PITKIN")WITH THE TOWN OF SNOWMASS VILLAGE ("TOSV") FOR THE INSTALLATION, USE,AND MAINTENANCE OF A DIGITAL TRUNK RADIO SITE AT THE SNOWMASS VILLAGE TOWN HALL RESOLUTION NO. //o ,2016 RECITALS: I. Pursuant to Title 29, Article I, part 2, Colorado Revised Statutes, as amended (the "Intergovernmental Relations Statutes")and Article XIV. Section 18 of the Colorado Constitution,governments may contract with one another to provide any function, service or facility lawfully authorized to each of the contracting units and any such contract may provide for the joint exercise of the function. service or facility, including the establishment of a separate legal entity to do so. 2. Pitkin and TOSV wish to enter into an intergovernmental agreement for the purposes of public safety; and. 3. Both Pitkin and TOS V arc governments authorized to enter into agreements pursuant to C.R.S. ;529-1-203 for purposes including the provision of any function. service. or facility lawfully authorized to each;and. 4. The BOCC finds that it is in the best interests of the citizens of Pitkin and TOSV to enter into this agreement in order to insure the health and welfare of the citizens of Pitkin County, 5. The BOCC finds that it is in the best interests of the citizens of Pitkin County to adopt this resolution as an emergency resolution. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Pitkin County. Colorado that: Pitkin County is authorized to enter into an Intergovernmental Agreement with the Town of Snowmass Village in substantially the same form satisfactory to the County Attorney; and authorizes the Chair or the director of community services to sign the agreement on behalf of the County and further. authorization for the director of eonnnunity services to sign all future amendments to this intergovernmental agreement with approval of such by the county manager. INTRODUCED. READ AND ADOPTED AS AN EMERGENCY RESOLUTION ON THE 4TH DAY OF SEPTEMBER,2016 RIND SET FOR CONFIRMATORY PUBLIC HEARING ON TIIE 28111 DAY OF SEPTEMBER. 2016. NOTICE OF CONFIRMATORY PUBLIC HEARING AND TITLE AM) SHORT SUMMARY OF THE EMERGENCY RESOLUTION PpIBLISHED IN THE ASPEN TIMES WEEKLY ON THE / STS DAY OF Ai 2016 NOVICE_OF CONFIRMATORY PUBLIC HEARING ANL) TI IL FUI.1.TEXT OF THE RESOLUTION POSTED ON THE OFFICIAL ITEM) COUN FY WEBSITE of<ts-piikincnuntcrom ON THE /> d_ DAY OF 1 > f 2016. CONFIRMED AT A CONFIRMATORY PUBLIC HEARING ON THE -`S DAY OF tA,,,cb e:_2016, PUBLISHED BY TITLE AND SIIORT SUMMARY. AFTER CONFIRMATORY POLIC HEARING, IN THE ASPEN TIMES WEEKLY ON 1LPL 3L DAY OF ((/f�7Cr aGe r . 2016. POSTED BY TITLE AND SHORT SUMMARY ON THE OFFICIAL PITKIN COUNTY WEBSITE ttt�te.pitkincountc.coo ON THE 5!/-" DAY OF �jrf_r� i..<e 2016 NITS-ST BOARDOFCCOUNTY COMMISSIONERS By � 1AP( j By to Jones / RRichards. 1 Chair Dep�ity Count) Cle Date: Oct-.14- 2oip APPROVED AS TO FORM: MANAGER .APPROVAL. John Ely.Count 4orney Jon Peafrck. .aunt' Manager ATTEST: BOARD OF COUNTY COMMISSIONERS By By: Jeanette Jones Rae .1E. Richards, Chair Deputy County Clerk ate: APPROVED AS TO FORM: MANAGER APPROVAL. i John Ely. County Attorney Jon -acock, County Manager 1 CONTRACT N Y_ /_ _/ �. INTERGOVERNMENTAL AGREEMENT FOR CONSTRUCTION AND USE OF A DIGITAL TRUNK RADIO SITE AT THE SNOWMASS VILLAGE TOWN HALL 'I HI INTERGOVERNMENTAL"E_R�GOVERNMENTAI AGREEMENT (the`Agreement) is made this / LAX of _ .zwur_.2016 by the COUNTY OF PI1kIN, STATE OF COLORADO, by and throng u its Board of County Commissioners, whose address is 530 East Main Street, Aspen, Colorado, 81611 ("Pitkin') and Town of Snowmass Village, ("TOSV")by and through its Town Council. whose address is 130 Kearns Road. Snowmass Village. CO 81615 collectively the ('Parties'). Recitals A. I'OSV owns the property and right to use of 4.795 acres of land located at 130 Kearns Rd in Snowmass Village, Section I,T.10 S., R.86 W., 6th P.M. for the Snowmass Village Town Hall. The site is used for local goy eminent and police and emergenev services communications year-round. B. TOS V and Pitkin have been cooperating to use their respective grants for provision of essential communications benefiting the TOSV and Pitkin communities. C. TOS V and P itk in desire to formalise their cooperative agreement. NOW. T HEREFORE, in consideration of the mutual promises and agreements of the parties and other Mood and valuable consideration,the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: I. This Agreement is entered into pursuant to, inter alio. C.R.S. §29-1-201, el.cry_ and Article XIV,Section 18 of the Colorado Constitution. 2. Term. The term of this Agreement is from August I, 2016 to July 31, 2021. Upon expiration of the initial term, the Agreement shall automatically renew for an additional live(5) year renewal term and will automatically renew for additional five (5)year temps thereafter to the Pnal expiration date of July 31. 2041. 3. Town of Snowmass Village Obligations. TOSV will: a. Provide space behind the Town Hall building located on the land referenced in Recital A above(the "Facility'). that will provide space for an attached 18' x 10' equipment shelter(the"Shelter'') and a 40' monopole tower(the "Tower') (see Attachment A for site plan and building plan). h. Maintain use of the space around the Shelter for purposes that will not cause risk of damage to the communication equipment located by the Facility. c. Allow radio antennas to he mounted on the lower. 4. Pitkin's Obligations. Pitkin will construct and occupy the Shelter attached to the Facility. In order to facilitate this use. Pitkin will: a. Contract for the construction of walls and infrastructure to create the 18' x 10' Shelter attached to the Facility with oversight by: the TOS V for that construction (see Attachment A for site plan and building plan). b. Contract for the construction of the 40' monopole tower(see Attachment A for site plan and building plan). c. Install radio antennas on the Tower. d. Contract for the installation of natural gas service from the access point of the Facility property to the generator inside the Shelter. Gas usage by the site will be paid for by the county. e. Install an electric meter for service to the communication room so all costs for service to the communication equipment is the responsibility of the County. f. Install the appropriate heating and cooling equipment on the exterior wall of the Shelter to ensure safety of communication equipment. g. Install an access/entry door on the Shelter to meet requirements of a communication equipment room. h. Install gutters on the Facility roof that is over the Shelter to protect the Shelter and Tower from potential water damage. i. Paint and stain the Shelter to match the existing walls of the Facility prior to project completion. j. Mitigate all impacts to the Facility and grounds related to modifications to the Facility for Shelter construction, electrical service, and antenna and gas line installations. k. Obtain the appropriate permits for any construction 1. Maintain all infrastructure to the Shelter for the term of this agreement. m. If the DTR system is discontinued at any time, disassemble and remove the Shelter and Tower to the specification of TOSV up to the original condition of the Facility. 5. Assignability. This agreement is not assignable by either party. 6. Modification. This Agreement may be changed or modified only in writing by an agreement approved by the respective Boards of the Governments and signed by authorized officers of each party. 7. Entire Agreement. This Agreement constitutes the entire Agreement between the parties and all other promises and agreements relating to the subject of this Agreement,whether oral or written, are merged herein. 8. Severability. Should any one or more sections or provisions of this Agreement be judicially adjudged invalid or unenforceable, such judgment shall not affect, impair, or invalidate the remaining provisions of this Agreement,the intention being that the various sections and provisions hereof are severable. 9. Notice. Any notice required or permitted under this Agreement shall be in writing and shall be hand-delivered or sent by registered or certified regular mail,postage pre-paid to the addresses of the parties as follows. Each party by notice sent under this paragraph may change the address to which future notices should be sent. Electronic delivery of notices shall also be deemed sufficient and considered delivered upon receipt of confirmation of delivery on the part of the sender. To: Pitkin County With copies to: Jeff Krueger Pitkin County Attorney's Office Communications Manager 530 E. Main Street 530 E. Main Street,#302 Aspen, Colorado 81611 Aspen, Colorado 81611 jeffkrueger@pitkincounty.com To: Town of Snowmass Village With copies to: Clinton M. Kinney TOSV Attorney's Office Town Manager 130 Kearns Road,PO Box 5110 130 Kearns Rd. PO Box 5010 Snowmass Village, CO 81615 Snowmass Village, CO 81615 10. Government Immunity. The parties agree and understand that both parties are relying on and do not waive,by any provisions of this Agreement,the monetary limitations or terms or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, C.R.S. 24-10-101, et seq., as from time to time amended or otherwise available to the parties or any of their officers, agents, or employees. The Parties agree to hold each other harmless for any loss, damages, expense, cost or claims of any character or any nature arising out of the use of Snowmass Village's Town Hall as contemplated in this agreement. 11. Current Year Obligations. The parties acknowledge and agree that any payments provided for hereunder or requirements for future appropriations shall constitute only currently budgeted expenditures of the parties. The parties' obligations under this Agreement are subject to each individual party's annual right to budget and appropriate the sums necessary to provide the services set forth herein. No provision of this Agreement shall be construed or interpreted as creating a multiple fiscal year direct or indirect debt or other financial obligation of either or both parties within the meaning of any constitutional or statutory debt limitation. This Agreement shall not be construed to pledge or create a lien on any class or source of either parties' bonds or any obligations payable from any class or source of each individual party's money. 12. Binding Rights and Obligations. The rights and obligations of the parties under this Agreement shall be binding upon and shall inure to the benefit of the parties and their respective successors and assigns. 13. Agreement made in Colorado. This Agreement shall be construed according to the laws of the State of Colorado, and venue for any action shall be in the District Court in and for Pitkin County, Colorado. Each party to this Agreement shall have standing to bring an action to enforce the terms of this Agreement in District Court, including an action for specific performance and injunctive relief. 14. Early Termination. If the TOSV operations require the removal of the Tower or Shelter, a 30 day notification must be given to Pitkin County so that a remedy or alternative solution can be found, and a resolution will be signed by both parties. If no alternative solution can be found,the site may be discontinued with 90 day formal written notice from the TOSV. In the event of discontinuance the TOSV will assist Pitkin with an alternative site location. Cost and contributions for relocation from either party will be determined and agreed upon relocation assessment. Pitkin will disassemble and remove the Tower and/or Shelter to the specification of TOSV up to the original condition of the Facility. 15. Site Modifications. Any visible external additions and improvements to the site by Pitkin County including but not limited to antennas,platforms, microwave dishes, etc.,must be approved by the Town of Snowmass Village before installation. Such Modifications would be the responsibility of Pitkin County to maintain. 16. Third Party Providers: Third party providers wishing to add telecommunications equipment to the Tower or Shelter must first be approved by the Town of Snowmass Village as well as reviewed by the Pitkin County Communications department to ensure there is sufficient space and no technical interference. The Town of Snowmass Village will have rights to any revenue made from a third party provider, minus compensation owed to Pitkin County to cover the cost of installation and utilities,to be determined upon review and approval by both parties. Any cost for damage to existing infrastructure under the care of Pitkin County as a result of Third Party Providers will be the responsibility of Town of Snowmass Village and the Third Party Provider responsible. 17.Attorney's Fees. In the event that legal action is necessary to enforce any of the provisions of this Lease, the substantially prevailing party, whether by final judgment or out of court settlement, shall recover from the other party all costs and expenses of such action or suit including reasonable attorney's fees. 18. Funding Arrangement. The costs associated with the installation and construction of the site, as managed by Pitkin, shall be allocated in accordance with the"Enhanced 9-1-1 Emergency Telephone Service" IGA signed January 15, 2010 and the"Regional Emergency Dispatch Center"IGA signed in 2013, and attached hereto (Attachments B, C, and D). Additional costs and/or a variation from this allocation of costs with other funding formulas must be previously agreed to by the Parties. The foregoing Agreement is approved by the Bo rd of County m ssio ers of Pitkin County, Colorado at its regular meeting held on the /n day of "' , 2016. The foregoing Agreement was approv by the Town Council of nowmass Village at its regular meeting held on the 6 day of �..6_A'e r ,2016. In Witness whereof,the parties hereto have caused this agreement to be executed as of the day and year first above written. TOWN OF SNOWMASS VILLAGE ATTEST: �J y�f dt,6 S-C.--c- I L- 1 U Gtc f BY: $ -c- / [- 7 ..,_ Rhonda Coxon,Town Clerk Markey Butler,Mayor APPROVED AS TO FORM: 5-- - `c /I i-c-X 1 Aept. c-C.,.- 1i-ere/I i .-e John Dresser, Town Attot4(ey Clinton M. Kinney, Town Manager PITKIN COUNTY IST: / , BY: Li'tt& ailiVtt_ Ctrv) ea tte Jones,Del/ty County Clerk Rachel E. Richards, Chair AP"ROVED AS TO FORM: ini. Jolly, Coun • •rney Jon P acock, ounty Manager The foregoing Agreement is approved by the Board of Coun Co missioners of Pitkin County, Colorado at its regular meeting held on the NA_day of *'"y„l <Li , 2016. The foregoing Agreement was appro ed bythe own Council f Snowmass Village at its regular meeting held on the 6.1/ day of n, t I ,2016. In Witness whereof,the parties hereto have caused this agreement to be executed as of the day and year first above written. TOWN OF SNOWMASS VILLAGE AT ,' /� R BY `.. _r. %iii honda Coxon,Town Clerk Markey Butler, Ma fpr APP OV9 D S TO FORM: /7 r AA ,),,, John resser,Town Attorney Clin on M. Kinney, Town anager PITKIN COUNTY ATTEST: BY: Jeanette Jones,Deputy County Clerk Rachel E. Richards,Chair APPROVED AS TO FORM: John Ely, County Attorney Jon Peacock,County Manager Elk Mountain,. \.. 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PLYWOOD SHEATHING _–E 9 2%4 STUDW/BATT INSULATION INTERIOR INTERIOR METAL ROOF BITUMOUS ROOFING MEMBRANE INTERIOR WALL TYPICAL 2X6 ROOF FRAMING' -.-� EXTERIOR SIDING • PLYWOOD2X6ROOF SHEATHING , /,� BUILDING WRAP limb.,1•4- PLYWOOD SHEATHING —...,, iii e ROOF FLASHING/FASCIA W/DRIP EDGE -OVERLAP ROOFING MEMBRANE 4 �I� 2%45TUD WI BATT INSULATION rypp i J! 2X6 BLOCKING !�ll 1 -- EXTERIOR INTERIOR SOFFIT BOARD YB BATT INSULATION 2X4 DOUBLE TOP PLATE- {�� TAPER FOR RAFTERS � ' PLYWOOD SHEATHING EXTERIOR WALL TYPICAL BUILDING WRAP METAL ROOF 1 ROOF DETAIL BATT INSULATION fl PLYWOOD SHEATHING ROOF FLASHINGEFASCM I AFF .04 I= EXTERIOR SIDING SIMILAR TO EXISTING SOFFIT BOARD /� SIDING CN TOWNHALL 2X4 DOUBLE TOP PATE- I � TAPER FOR RAFTERS ii s BUILDING WRAPOVERLAP �1 �•FLASHING PLYWOOD SHEATHING 204 DOUBLE BOTTOM PLATE M NV METAL FLAMING WITH DRIP EDGE TIMIN LEVELll�� ANCHOR BOLT _ _ –-'4 O. D.pV 6'CONE.SLAB SB'PLV WOOD SHEATHING 1 . — -_ GRADE BATT INSULATION I�� VAPOR BARRIER -- EXTERIOR SIDING SIMILAR TO EXISTING SIDING ON TOWNHALL �. 4'GRAVEL FILL DRAINAGE '4`I 3 < 42.-� LAYER �'..:,-I- ,r '- "t III 11 g} b�`' 6•CONC.SLAB 1�-I' 'K I _TA,.MAINLEVEL ;, 1 I I 11 VAPOR BARRIER 1—I 1 l 1 4'GRAVEL FILL DRAINAGE 4.PERIMETER DRAIN - - _i_ LAYER wee me.-2014.01 1I 1—Tri—TF--M'-' -- 1 :,i —1 4'PERIMETER DRAIN 1. -11='1�= SECTIONS/DETAILS 6BASEOFWALL AND SLAB DETAIL © Se W01 A301 - .Indicated 1 Aspen-Pitkin County Emergency Telephone Service Authority Intergovernmental Agreement INTERGOVERNMENTAL AGREEMENT CONCERNING THE CONTINUED OPERATION OF AN "ENHANCED 9-1-1"EMERGENCY TELEPHONE SERVICE THIS AGREEMENT, made as of the date last below signed, is by and between the following parties: COUNTY OF PITKIN, a body politic and corporate hereinafter referred to as "County", the CITY OF ASPEN, a municipal corporation hereinafter referred to as"Aspen",the TOWN OF SNOWMASS VILLAGE, a municipal corporation hereinafter referred to as "Snowmass",the TOWN OF BASALT, a municipal corporation hereinafter referred to as "Basalt",the ASPEN FIRE PROTECTION DISTRICT, a quasi-municipal corporation hereinafter referred to as "Aspen Fire", the SNOWMASS-WILDCAT FIRE PROTECTION DISTRICT, a quasi-municipal corporation hereinafter referred to as "Snowmass Fire",the BASALT AND RURAL FIRE PROTECTION DISTRICT, a quasi-municipal corporation hereinafter referred to as "Basalt Fire",the ASPEN AMBULANCE DISTRICT, hereinafter referred to as"Aspen Ambulance",the CARBONDALE AND RURAL FIRE PROTECTION DISTRICT, hereinafter referred to as "Carbondale Fire". WITNESSETH: WHEREAS, pursuant to Article 11 of Title 29, C.R.S., as amended,the above-listed parties have operated a joint emergency telephone services serving their respective jurisdictions, pursuant to agreement dated August 16, 1994; and WHEREAS, Part 2 of Article 1 of Title 29, C.R.S., as amended, encourages and authorizes agreements of this nature; and WHEREAS, it would serve the public welfare and be in the best interest of all of the above-references parties to continue 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 Intergovernmental Agreement for the following purposes: 1. To continue in existence a separate legal entity known as the "Aspen-Pitkin County Emergency Telephone Service Authority" (hereinafter referred to as the "Authority") which shall be responsible for administering the operation of the emergency telephone service program; and Final—03/25/09 1 Aspen-Pitkin County Emergency Telephone Service Authority Intergovernmental Agreement 2. To define the manner in which each of the parties will participate in the Authority; and NOW,THEREFORE, in consideration of the mutual covenants hereinafter contained,the parties agree as follows: I. DEFINITIONS The definitions for the terms"emergency telephone charge","emergency telephone service","exchange access facilities", "governing body", "public agency", "service supplier", "service user", and"rates"as used in this Intergovernmental Agreement shall be the same as the definitions provided for those terms in Section 29-11-101, C.R.S.as amended. II. GENERAL PROVISIONS The parties hereby agree to continue their participation in a separate legal entity to be known as the"Aspen-Pitkin County Emergency Telephone Service Authority"which shall be responsible for administering the operation of the emergency telephone service program as described below. III. EMERGENCY TELEPHONE SERVICE AUTHORITY BOARD The governing Board for the Authority shall consist of five(5)members which shall be comprised of the following individuals: 1. Sheriff of the County of Pitkin or his designee in writing; 2. Police Chief of the City of Aspen or his designee in writing; 3. Police Chief of the Town of Snowmass Village or his designee in writing; 4. Police Chief of the Town of Basalt or his designee in writing; 5. A Special District Representative, selected by the five special districts;Aspen Ambulance,Aspen Fire,Basalt Fire, Carbondale Fire and Snowmass Fire. IV.RULES AND REGULATIONS Final—03/25/09 2 • Aspen-Pitkin County Emergency Telephone Service Authority Intergovernmental Agreement The governing board for the Authority may pass supplementary rules and regulations as it deems necessary provided the supplementary rules and regulations are in compliance with Articles 1 and 2 of Title 29, C.R.S., as amended, and this Intergovernmental Agreement. Any capital expenditures of$25,000.00 or greater shall require a two-thirds (2/3)vote by the governing board of the Authority. V. POWERS OF THE AUTHORITY The parties hereto agree that the Authority shall be empowered with the authority to contract for the installation and operation of an emergency telephone service and may pay such costs by collecting an emergency telephone charge for such service in the service area which is within the jurisdiction and authorized by this Intergovernmental Agreement and by ordinance or resolution of the respective parties hereto. The Emergency Telephone Service Authority is hereby authorized to collect an emergency telephone charge as imposed by the governing bodies of the respective parties in an amount not to exceed one dollar and twenty five cents($1.25), in those portions of the service area for which emergency telephone service is to be provided. The funds so collected shall be spent solely to pay for the equipment costs, installation costs, costs directly related to the continued operation of an emergency telephone service, monthly recurring charges billed by the service suppliers for the emergency telephone service or any other items stated in Section 29-11-104, C.R.S. as amended. The funds so collected shall be credited to a cash fund separate and apart from the general fund of any public agency parties under this Intergovernmental Agreement. Any funds remaining in the account at year end shall be carried over to the next succeeding year for the same purposes in supplying emergency telephone service. If the emergency telephone service is ever discontinued, any balance in the account may be transferred to the general fund of the public agencies on a proportionate basis as to the contributions made by each respective public agency. In addition,the Authority may do any other act allowed by law as may be necessary for the provision of initial services and for the continued operation of the emergency telephone service; including, specifically,the ability to negotiate with equipment vendors and service suppliers for the purpose of obtaining the benefit of technological developments which the Authority deems necessary to improve or enhance the quality and efficiency of service to be provided to the users. Final—03/25/09 3 • Aspen-Pitkin County Emergency Telephone Service Authority Intergovernmental Agreement VI. BASIS FOR CONTRIBUTION AND CHARGES TO BE IMPOSED BY THE AUTHORITY The parties hereto agree that the basis for contribution and charges to be imposed on "Service Users" shall be in accordance with the provisions governing the same in C.R.S. 29-11- 101 et seq. The parties agree that the Authority may request from the service supplier those figures required to impose a contribution or charge and to make a determination of the contribution or charge based on those figures. The parties further agree whenever those figures are required for any contribution or charge,the figures used shall be the most recent available at the time such figures are needed,unless otherwise specified herein. VII. BUDGET AND OPERATING COSTS In the event that the Authority believes funds for operating costs not paid by the emergency telephone charge are necessary, it shall prepare a budget and submit a budget request to the Board of County Commissioners by the annual budget deadline of each year that this Agreement is in effect. The Board of County Commissioners shall consider funding the budget request in the County's annual appropriation. Should funding from the Board of County Commissioners not be forthcoming, or if any funding so provided shall be deemed insufficient by the Authority,the Authority may then present its request to the parties hereto who shall consider the budget submitted and determine a basis for contributing to the budget request at that time; however,no party may be obligated for the payment of any monies without its prior approval. VIII. FUNDS AND OPERATIONS The various monies paid into the Authority by the parties hereto, for operating costs shall be used by the Authority solely for operating costs. Further,the various monies paid into the Authority pursuant to the uniform charge per exchange access facility shall be placed in a separate designated cash fund and shall be paid from said fund only for equipment costs, installation costs, costs directly related to the continued operation of an emergency telephone Final—03/25/09 4 Aspen-Pitkin County Emergency Telephone Service Authority Intergovernmental Agreement service, and for the monthly recurring charges billed by the services suppliers for the emergency telephone service or as stated in Section 29-11-104, C.R.S. as amended. No disbursement shall be made from the funds of the Authority except by check and unless a verified claim for services or commodities actually rendered or delivered has been first submitted and approved for payment by the Authority, said approval being evidenced by the Chair and Administrative Assistant of said Authority. The Authority shall not borrow money nor shall it approve any claims or incur any obligations for expenditure unless there is sufficient unencumbered cash in the appropriate fund, credited to the Authority, with which to pay the same. The Authority may invest any funds paid into the Authority only in accordance with any applicable laws of the State of Colorado governing the investment of public funds. Nothing herein,however,prevents the Authority from returning any surplus operating revenues provided by the parties hereto for the operation of this emergency telephone service to the respective parties hereto in the same proportion that said parties were originally required to contribute for operation. IX. BOOKS AND RECORDS The Authority shall maintain adequate and correct accounts of their funds, properties and business transactions,which accounts shall be open to inspection at any reasonable time by the parties hereto,their attorneys, or their agents. The Authority shall cause to be conducted an annual audit, if requested,which audit shall be conducted by an independent certified public accountant licensed to practice in the State of Colorado. The Authority shall file a copy of said audit with the governing bodies of the respective parties hereto. X. REPORTS If requested,the Authority shall prepare and present to the respective city councils, boards of directors of the special districts, and Board of County Commissioners of Pitkin County, a Comprehensive Annual Report of the Authority's activities and finances during the preceding year. Final—03/25/09 5 Aspen-Pitkin County Emergency Telephone Service Authority Intergovernmental Agreement The Authority shall also prepare and present such reports as may be required by law, regulation or contract to any authorized federal and/ or state officials or to whom such report is required to be made in the course and operation of the Emergency Telephone Service Authority. The Authority shall also render to the parties hereto, at reasonable intervals, such reports and accounting as the parties hereto may from time to time request. XI. DEFAULT IN PERFORMANCE In the event any party fails to pay its share of the operating costs then due, or to perform any of its covenants and undertakings under this Agreement,the Authority shall cause written notice of the Authority's intention to terminate said Agreement as to such party in default to be given to that party's governing body unless such default is cured within thirty(30) days from the date of such notice. Upon failure to cure said defaults within said thirty(30) day period,the membership in the Authority of the defaulting party shall thereupon terminate and said party shall thereafter have no voting rights as a member of the Authority at any annual or specific meetings thereof, nor be entitled to representation on the Authority, and said party shall thereafter be denied service by the Authority. Furthermore, any party who is terminated under the provisions of this Section of the Agreement shall forfeit all right,title and interest in and to any property acquired by the Authority to which said party may otherwise be entitled upon the dissolution of this Agreement. This article is not intended to limit the right of any party under this Agreement to pursue and all other remedies it may have for breach of this Agreement. XII. TERMINATION OF AGREEMENT A. This Agreement shall be in full force and effect upon the execution of this Agreement by all of the parties listed herein, and shall continue in full force and effect, subject to amendments, or until sooner termination by a majority of the parties hereto. B. This Agreement, or any party's participation in this Agreement, may be terminated by written notice from the party or parties to the Authority at least one hundred eighty (180) days prior to January 1 of any given year. C. Upon termination by mutual agreement of a majority of the parties to this Agreement, the powers granted to the Authority under this Agreement shall continue to the extent Final—03/25/09 6 Aspen-Pitkin County Emergency Telephone Service Authority Intergovernmental Agreement necessary to make an effective disposition of the property, equipment and monies required to hold pursuant to this Agreement. D. In the event that any party hereto elects to terminate its participation in the Agreement prior to the end of any period of this Agreement not in accordance with subsection B of this Agreement and accordingly shall forfeit its entire interest in the emergency telephone service. Provided however,if in the event that any party in good standing hereto elects to participate in an emergency telephone service other than that operated by the Authority created hereby, such party or parties shall have the right to utilize any and all network equipment installed in service supplier facilities and paid for by the Authority without charge or reimbursement to this Authority subject, however, to any or all costs charged by the service supplier. XIII. AMENDMENT This agreement may be amended by the parties from time to time, but any amendment shall be in writing and executed by all the parties hereto. XIV. SEVERABILITY CLAUSE If any provision of this Agreement or the application hereof to any party or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the Agreement which can be given effect without the invalid provision or applications, and to this end the provisions of the Agreement are declared to be severable. IN WITNESS WHEREOF,the parties hereto have caused their representatives to affix their respective signatures hereto, as of the day and year herein set forth. Final—03/25/09 7 Aspen-Pitkin County Emergency Telephone Service Authority Intergovernmental Agreement COUNTY OF PITKIN By Chairman BOCC Date Final—03/25/09 8 Aspen-Pitkin County Emergency Telephone Service Authority Intergovernmental Agreement CITY OF ASPEN By Mayor Date Final—03/25/09 9 Aspen-Pitkin County Emergency Telephone Service Authority Intergovernmental Agreement TOWN OF SNOWMASS VILLAGE By caQ Vt:sz Mayor Date 1t5 12oto Final-03/25/09 10 Aspen-Pitkin County Emergency Telephone Service Authority Intergovernmental Agreement TOWN OF BASALT By Mayor Date Final—03/25/09 11 Aspen-Pitkin County Emergency Telephone Service Authority Intergovernmental Agreement ASPEN FIRE PROTECTION DISTRICT By Chairperson Date Final —03/25/09 12 Aspen-Pitkin County Emergency Telephone Service Authority Intergovernmental Agreement BASALT AND RURAL FIRE PROTECTION DISTRICT By Chairperson Date Final—03/25/09 13 ., • • Aspen-Pitkin County Emergency Telephone Service Authority Intergovernmental Agreement SNOWMASS-WILDCAT FIRE PROTECTION DISTRICT By J \ — Chairperson Date 1 ) I5 (2ot0 Final—03/25/09 14 Aspen-Pitkin County Emergency Telephone Service Authority Intergovernmental Agreement CARBONDALE AND RURAL FIRE PROTECTION DISTRICT By Chairperson Date Final—03/25/09 15 Aspen-Pitkin County Emergency Telephone Service Authority Intergovernmental Agreement ASPEN AMBULANCE DISTRICT By Chairperson Date Final—03/25/09 16 i 411fI'KIN COUNT'' INTERGOVERNMENTAL AGREEMENT FOR THE OPERATION, ADMINISTRATION AND FINANCIAL SUPPORT OF THE PITKIN COUNTY REGIONAL EMERGENCY DISPATCH CENTER THIS INTERGOVERNMENTAL AGREEMENT (IGA,the"Agreement")is made this day of , 2013 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," WITNESSETH: 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 1 ! 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: ARTILLEIzardlailIDIZELCI 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 ,2013 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," 2I ARTICLE II—DISPATCH CENTER OPERATIONS 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. c. 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 ("Support Services"),including payroll administration, legal services, information systems services, and building and grounds support,as provided for herein. Any and all costs associated with the provision of Support Services shall be annually borne through Participating Member fees. 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: i. Ensure Pitkin County policies and procedures are followed in the 3 hiring and terminating the employment of the Director. ii. Ensure the Director demonstrates effective control over the supervision,operation,and development of the 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. vi. Provide quarterly financial reports to the Participating Members of the Center. i. 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, and Carbondale and Rural Fire Protection District; Snowmass-Wildcat Fire Protection District. No other agency representative may be a member of the Board,unless 41 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 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: i. 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 5I 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 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: i. 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. Submittal of semi-annual financial and operational reports to the County and all 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 61 County) governing the internal management of the Center and its relationship to County departments and other outside agencies. 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. NCIC/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. ARTICLE III—ANNUAL OPERATIONS CHARGES FOR SERVICES 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, support services and any other expenses related to the efficient operation and administration of the Center. Such payment obligation shall be assessed according to the established collection schedule,based on a proposed budget for each year. The annual proposed budget, and accordingly the payment for each Participating Member,may be modified from time to time to reflect the actual operating costs of the Center. b. Participating Members shall reimburse Pitkin County for one hundred percent 71 (100%)of the total operating expenses of the Center,less the share allocated to the County in accordance with and through the application of the established Fee Schedule. 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. Nevertheless, the actual operations costs of the Center shall at all times reflect the actual Center operations 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 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. Members with over 15%of calculated calls will pay quarterly. Pitkin County will invoice Participating Members on the established schedule. Payment is due 30 days from invoice date. ARTICLE IV—CAPITAL EXPENDITURE PARTICIPATION FUND 1. Capital Budget. Capital expenditures for the Center,known as the Capital Budget, 8I 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 each County and 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 each County and Municipal Participating Member; ii. Each County and 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 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 9j 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 I11.3 above. 1tRTICLE V—DEFAULT.TERMINATION&WITHDRAWAj 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. 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 10 I 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 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. ARTICLE VI—GENERAL PROVISIONS 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. 11 I 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 writing,either in person,by electronic means or by certified mail,return receipt requested to the addresses listed in Addendum B,Notification d Contact Information,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. 12 I 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 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 seq., 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. 13 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. 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 seq., 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. 14 I 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. ARTICLE VII—FUTURE CONTRACTS BY THE CENTER OR COMMUNICATIONS SERVICES 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 Center for services. ARTICLE VIII—EFFECTIVE DATE&EXECUTION 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 December 31, 2013,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. 151 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 I Budget Supplemental Request For increases above budgeted revenues or expenditures; new or increased programs,services,or personnel; transfers over$50,000;or transfers across funds. Project/Service Name: Land Radio Communication Infrastructure Work Session Date: March 15,2016 Department: Radio/Tech Budget Year: 2016 Request Type: Capital Improvements Adjustment Type: One-Time Adjustment Fund: General Fund [Staff Responsible: Phylis Mattice Prepared By: Phylis Mattice Reviewed by Finance Staff-Name: Connie Garofalo I Date: 3/10/16 1) PROJECT DESCRIPTION AND FISCAL IMPACT: The County's land mobile radio system is a VHF system that serves public safety agencies (Pitkin Sheriff, Aspen Police, Basalt Police, Snowmass Police, Aspen Fire, Snowmass/Wildcat Fire, Basalt Fire, Carbondale Fire and Aspen Ambulance) as well as general government operation (ie: Airport, Road and Bridge, Open Space, Aspen Utilities). In 2014 major issues in coverage and operability were identified and the County initiated an evaluation of the system. In March 2015 the final report was completed by Pericle Communication Company. The report identified the system was in bad shape and needed a complete overhaul. The estimated cost of the overhaul was$1,660,000. An option to the overhaul of the system was investigated for the Communication Board, made up of representatives of all the public safety agencies using the system. The County could migrate away from the VHF system to the state's 800MHz Digital Trunk Radio System (DTRS). The County already has 2 DTRS sites, one on Ajax Mt and one on Crown Mt. County staff met with state DTRS staff to develop a cost model to compare with the VHF overhaul costs. As the County looked at DTRS costs, the State 01T-DTRS came to the table offering to install the equipment and enter into an MOU for the labor, maintenance and replacement of costs for 25 years if the County migrated to the state DTRS (a $1.25M value for installation and a $13.5M estimated contribution over the term). The identified benefits to all users with the DTRS will be enhanced coverage and capabilities, system monitoring and greater interoperability. The Communication Board voted unanimously to migrate to the state DTRS. The $439,770 that was budgeted in 2015 for the VHF system and was not spent will be returned to the capital fund balance. These savings will be transferred to the general fund balance to help partially fund this request. The projected cost for the entire project was approximately$4.4M to include six new communication sites(Red Table,Aspen Water, Loge,Williams, Snowmass Village and McClure) and capacity upgrades to existing sites (Ajax and Crown). Red Table was added in 2015 through contributions from Holy Cross for site infrastructure at their existing site and from the 01T-DTRS contributing all equipment and installation. Of the five remaining sites, four are planned to be developed in 2016 with McClure scheduled for 2017 due to the Environmental work to be completed as it will be a new site in the USFS White River National Forest. Partner contributions, grants, and discounts, totaling over$2.1M, reduce the net cost to$2.34M. (See 2016 cost estimate sheet— Attachment A). The County will purchase the equipment and then turn it over to the State through Memos of Understandings (MOUs) for maintenance and equipment replacement (Pitkin has MOUs with the state for the equipment at Ajax and Crown.) Motorola is the required equipment for the state's system and the County has a bid for the 4 sites to be built in 2016, expansion of channels at Crown and Ajax,and Dispatch Control Equipment,for a total cost of$1,334,702. The timing of this project links to the moving of the Emergency Dispatch Center. (See Communications Timeline-Attachment B) The new radio console equipment being purchased (already budgeted)for the Dispatch Center is engineered to dispatch through both the current VHF system and the DTRS. This is a great benefit for the public safety agencies of Carbondale and Basalt Fire as well as Basalt PD since both Eagle and Garfield County are on the state DTRS. Also currently using the DTRS system are Colorado State Patrol(CSP), Colorado Department of Transportation (CDOT)and Roaring Fork Transit Authority(RFTA). Pitkin County cannot bear the costs of this project alone and is seeking commitments and funding from municipalities, special districts and other agencies including the City of Aspen, Town of Snowmass Village and Basalt to name a few. All participating agencies recognize the importance of improving radio communications in the Roaring Fork Valley and mountain drainages and are committed to the successful migration to the 800MHz DTRS system. RFTA is currently the primary user of the system along the Highway 82 corridor and Pitkin County has made a request of RFTA to contribute to the expense of the added infrastructure. All expenses will be through the County with contributions to the infrastructure coming from participating agencies. Discussions and support have already occurred with Public Safety Communication Board and the corresponding municipal leaders.There is an Intergovernmental Agreement(IGA)in place with Communication Board agencies that provides for costing of capital projects across the agencies(See Contribution Calculations-Attachment C).This will be the default mechanism for sharing the infrastructure build costs. In preliminary meeting with the Managers of the municipalities, the possibility of creating a contribution model based on additional criteria to what is identified in the IGA was discussed (i.e.: number of radios) and the final cost allocation model will be confirmed as participating agencies process appropriations for the project. 1 2) STRATEGIC PLAN GOAL(S)ADVANCED: Safe and Healthy Community 3) REQUESTED EXPENDITURE APPROPRIATIONS: Full Cost of Project Expenditure Original Budget Total Adjusted Line Item Description Account Coding Amount Increase/ Budget (Decrease) General Fund Radio/Tech Comm. Site Development Capital $0 $700,000 $700,000 Contingency $0 $203,200 $203,200 Environmental Assessment $0 $100,000 $100,000 Radio Equipment(Motorola Net Cost) $0 $1,337,000 $1,310,000 Microwave Equipment $0 $500,000 $380,000 Total New $2,840,200 Appropriations 4) FUNDING NEW REVENUE APPROPRIATIONS: Revenue Original Budget Total Adjusted Line Item Description Account Coding Amount Increase/ Budget (Decrease) General Fund Radio/Tech Translator Contribution $0 $505,000 $250,000 RFTA Contribution $0 $100,000 $100,000 Public Safety Allocation Contributions $1,462,102 Total New Revenue $2,067,102 USE OF GENERAL FUND BALANCE: $773,098 5) NET CHANGE TO FUND BALANCE Unassigned General Fund Balance projected at 12/31/2016 $4,412,912 Transfer from Capital Fund 2015 Savings +$439,770 (Use of General Fund Balance) - $773,098 Unassigned Fund Balance after Supplemental Request $4,079,584 6) ALTERNATIVE ANALYSIS This is a critical component for public safety and emergency communications. The alternative was explored for overhauling the current VHF system but was not considered a viable option based on costs and operability when compared to migrating to the DTRS. BOCC Approval: Date County Manager Signature For Finance Dept Use: TRANSACTION# NAME DATE ENTERED 2 Potential Pitkin County 800 Trunking Sites ATTACHMENT A 2015 2016 2016 2016 2016(17) 2016-17 Site Name Red Table Aspen Water Williams SMV Loge McClure Owner Holy Cross Agree to let Aspen Water State Land Board Lease through SMV USFS Lease through USFS state install site 1-31-2041 12-31-2034 Amendment for Current tower and New Site Translator Site- building changes- Application to Land Use Doc USFS Form 299; USFS needed Needed? No IGA with City need to IGA with Town Form SF 299 $ 100,000 coordinate with Ski Co wants to (Environmental owner for redev. develop building Assessment)-to at same site for be paid in 2016 lift/bathrooms Replace Building: Existing Building 15x25 space for New building: Building Needs Current Building Can add to back ASC will fund has capacity(this radio,plans for New building (Min 8x10 cost is building $ 130,000 Use?Need 8x10' $ 70,000 space to $ 125,000 of building-8x10 $ 80,000 building and $ - 20'x20' $ 150,000 needed w/AC) value) min accommodate for radio lease space for cell and Bband radio/comms AC Power Has $ 150,000 Has $ - Has $ - Has $ - Has $ - needed $ 400,000 (estimate) Generator/Fuel Has:Propane Needs:Propane Has Propane Needs:Nat Gas Needs:Propane $ 25,000 $ 25,000 $ 25,000 s 25,000 $ 25,000 Needs:Propane $ 25,000 20 KW estimated (Value) Outside Inside Inside or Out Inside Space available Needs 40'tower Replace 2-20' Tower height Tower on Holy Cross $ 100,000 Needs 30-40' $ 75,000 Needs 100' $ 100,000 on ground to $ 75,000 with 1-20' $ 75,000 estimate is $ 150,000 Tower(Value) clear building free standing 60'-100' Radio Equipment 6 channels $ 195,000 10 channels $ 325,000 8 channels $ 260,000 8 channels $ 260,000 10 channels $ 325,000 6 channels $ 210,600 Microwave $ - Equipment 1 link $ 60,000 2 links $ 140,000 3 links $ 180,0001 2 links $ 160,000 ' Gunnison Co Ski Co Garfield Co Translator will Delta Co? Holy Cross Partner Partner TOSV Translator Partner Partners State Contribution City of Aspen support 1/2 Contribution Translator USFS Holy Cross Contribution Bband?Cell? USFS Cell? Bband? State Cell? Holy Cross site Current allowing state to Public Safety Translator Public Safety at Occupants add DTR SkyBeam-tenant lower site Eagle County Full Cost TOTAL: $ 600,000 TOTAL $ 555,000 TOTAL: $ 650,000 TOTAL: $ 440,000 TOTAL: $ 605,000 TOTAL: $ 1,195,600 Less Partner $ (600,000) $ (255,000) $ (500,000) Contributions Net Cost $ - $ 555,000 $ 3395,000 $ 440,000 $ 605,000 $ 695,6001 ATTACHMENT A COSTS 2015 2016 2017 Total Cost Total Full Cost Estimates(From Chart Above): $ 600,000 $ 2,250,000 $ 1,195,600 $ 4,045,600 Dispatch Microwave Costs: $ 120,000 $ 120,000 Dispatch Network Management Costs: $ 27,000 $ 27,000 Crown+Ajax Channel Expansion Costs: $ 210,000 $ 210,000 McClure Environmental Assessment in 2016: $ 100,000 $ (100,000) $ - TOTAL ESTIMATED PROJECT COSTS: $ 600,000 $ 2,707,000 $ 1,095,600 $ 4,402,600 CONTRIBUTIONS/DISCOUNTS/GRANTS: Minus Partner Contributions: $ (600,000) $ (500,000) $ (1,100,000) Minus Translator Contribution: $ (505,000) $ (505,000) Minus Motorola DTR Discount: $ (70,000) $ (70,000) Minus RFTA Contribution: $ (100,000) $ (100,000) Minus DOLA Grant(Projected): $ (500,000) $ (500,000) NET ESTIMATED COSTS: $ - $ 2,032,000 $ 95,600 $ 2,127,600 Contingency(10%): $ - $ 203,200 $ 9,560 $ 212,760 TOTAL NET ESTIMATED COSTS: $ - $ 2,235,200 $ 105,160 $ 2,340,360 Motorola Contract $ 1,337,000 4 ATTACHMENT B Pitkin County Communications Timeline 2016-2018 2016 2017 2018 Tasks Q2 Q3 Q4 01 Q2 Q3 Q4 0.1 0.2 Q3 Q4 911 Dispatch Center Tower(04/16) Microwave Link(06/16) Consoles(08/16) "r Cutover(09/16) V Digital Trunked Radio , . 4 new sites&1 remodel in 2016(Dispatch,Aspen Water,Loge,TOW,Williams Site Plans(04/16) ausir Permits(06/16) Foundations(07/16) Tower/Shelters(09/16) McClure New Build Site Plan(06/16) EIS(12/16) V Permits 705/17) Ammimar Foundation(07/17 Agar Towers/Shelters(09/17) Microwave Link(10/17) A V Broadband spa Preliminary Design(05/16) wall/ Engineering Design(10/16) Phase I Implementation(6/17) a Phase II Implementation(3/18) MAMMY if Future Phase Implementation(12/18??) Ar Translator Williams Remodel(09/16) sutk Alyr Elephant Remodel(09/17) A Thomasville Remodel(09/18) Aspen Water Migration(07/17) A I V Loge Migration(10/17) Jackrabbit Migration(01/18) Arommorimsimerar Lower Red Decommission(06/18) t l VI Upper Red Decommission(11/18) y 5 ATTACHMENT C- Dispatch Cap Model 2016 Calculation for Additional Contribution: 2,235,200.00 (does not include previously budgeted capital costs) https://dola.colorado.gov/demoq webapps/mpeParameters.isf;isessionid=6a0879b1 ae37c11376c1 a6 Population (2013 Data): Aspen 6,712.00 Snowmass 2,863.00 Basalt Pitkin County 937.00 Basalt Eagle County 2,910.00 Pitkin 6,796.00 20,218.00 Calls for Service%: City of Aspen Police 31.955% Pitkin County Sheriffs Office _ 34.912% Snowmass Village Marshall 7.881% Basalt Police 15.128% Basalt Fire 2.228% Aspen Ambulance 2.251% Aspen Fire 3.374% Snowmass-Wildcat Fire 1.830% Carbondale Fire 0.441% 100.000% • 25%to Law Enforcement Agencies Based on Population City of Aspen Police _ 185,511.21 Pitkin County Sheriffs Office 187,833.00 Snowmass Village Marshall _ 79,129.71 Basalt Police 106,326.00 75% to All Based on Avg Calls for Service(2 year average) City of Aspen Police 535,693.62 Pitkin County Sheriffs Office 585,264.77 Snowmass Village Marshall 132,117.08 Basalt Police 253,605.79 Basalt Fire 37,350.19 Aspen Ambulance 37,735.76 Aspen Fire 56,561.74 Snowmass-Wildcat Fire 30,678.12 Carbondale Fire 7,392.92 Total Contribution Amount: City of Aspen Police 721,204.83 Pitkin County Sheriffs Office 773,097.77 Snowmass Village Marshall 211,246.79 Basalt Police 359,931.79 Basalt Fire 37,350.19 Aspen Ambulance 37,735.76 Aspen Fire 56,561.74 Snowmass-Wildcat Fire 30,678.12 Carbondale Fire 7,392.92 Total Contribution 2,235,199.91 6 TOWN OF SNOWMASS VILLAGE TOWN COUNCIL RESOLUTION NO. 31 SERIES OF 2016 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF SNOWMASS VILLAGE AUTHORIZING THE EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT WITH PITKIN COUNTY FOR THE INSTALLATION, USE, AND MAINTENANCE OF A DIGITAL TRUNK RADIO SITE AT THE SNOWMASS VILLAGE TOWN HALL WHEREAS, the Town of Snowmass Village, Colorado are partners of a joint Public Safety Communications Center serving Pitkin County, 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, the Aspen Ambulance District, and the Carbondale and Rural Fire Protection District, pursuant to Intergovernmental Agreements ("IGA") dated February 23, 1976 and January 3, 1983, and February 3, 1990, and WHEREAS, the Town of Snowmass Village (TOSV) and Pitkin County (PITKIN) have been cooperating to increase public safety communications at the benefit of Snowmass Village and Pitkin communities, and, WHEREAS, TOSV owns the property and right to use of 4.795 acres of land located at 130 Kearns Rd in Snowmass Village, Section 1, T.10 S., R.86 W., 6th P.M. for the Snowmass Village Town Hall, and, WHEREAS, PITKIN will construct and install a digital trunk radio site to increase local government, police, and other emergency service communications year-round, and, WHEREAS, the Town Council of Snowmass Village finds and determines executing an Intergovernmental Agreement serves the public welfare and is in the best interest of the Town of Snowmass Village to establish a partnership in the management of a digital trunk radio site at the Snowmass Village Town Hall. NOW THEREFORE BE IT RESOLVED by the Town Council of the Town Of Snowmass Village Colorado, as follows: 1. That the Mayor and Town Clerk are authorized to execute and deliver the Intergovernmental Agreement for the installation, use, and maintenance of a digital trunk radio site at the Snowmass Village Town Hall as a part of the Pitkin County Regional Emergency Dispatch Network. 16-31 RESO Page 2 of 2 2. That the officers and employees of the Town are hereby authorized and directed to take all action necessary or appropriate to effectuate the provisions. 3. That if any section, paragraph, clause or provision of this Resolution shall be adjudged to be invalid or unenforceable, the invalidity or unenforceability of such section, paragraph, clause or provision shall not affect any of the remaining sections, paragraphs, clauses or provisions of this Resolution, it being the intention that the various parts hereof are severable. 4. That this agreement is intended by the parties to replace and supersede all earlier agreements, amendments and additions hereto. READ, APPROVED AND ADOPTED by the Town Council of the Town of Snowmass Village, Colorado this 6th day of September, 2016, upon a motion made by Council Member Shenk, the second of Council Member Goode and upon a vote of 5 in favor to 0 opposed. TOWN OF SNOWMASS VILLAGE, COLORADO -By- //Lr Al Markey :utl-r, Mayor ATTEST:. • Rhonda B. Coxon, Town Clerk AP'RO D TO FORM John,resser, Town Attorney INTERGOVERNMENTAL AGREEMENT FOR CONSTRUCTION AND USE OF A DIGITAL TRUNK RADIO SITE AT THE SNOWMASS VILLAGE TOWN HALL IS INT RGOVERNMENTAL AGREEMENT(the"Agreement")is made this(c /t day of ,2016 by the COUNTY OF PITKIN, STATE OF COLORADO,by and through its Board of County Commissioners,whose address is 530 East Main Street, Aspen, Colorado,81611 ("Pitkin")and Town of Snowmass Village, ("TOSV")by and through its Town Council,whose address is 130 Kearns Road, Snowmass Village,CO 81615 collectively the ("Parties"). Recitals A. TOSV owns the property and right to use of 4.795 acres of land located at 130 Kearns Rd in Snowmass Village, Section 1,T.10 S.,R.86 W.,6th P.M.for the Snowmass Village Town Hall. The site is used for local government and police and emergency services communications year-round. B. TOSV and Pitkin have been cooperating to use their respective grants for provision of essential communications benefitting the TOSV and Pitkin communities. C. TOSV and Pitkin desire to formalize their cooperative agreement. NOW,THEREFORE, in consideration of the mutual promises and agreements of the parties and other good and valuable consideration,the receipt and sufficiency of which is hereby acknowledged,the parties agree as follows: 1. This 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. 2. Term. The term of this Agreement is from August 1,2016 to July 31,2021. Upon expiration of the initial term,the Agreement shall automatically renew for an additional five(5)year renewal term and will automatically renew for additional five(5)year terms thereafter to the final expiration date of July 31,2041. 3. Town of Snowmass Village Obligations. TOSV will: a. Provide space behind the Town Hall building located on the land referenced in Recital A above(the"Facility"),that will provide space for an attached 18' x 10' equipment shelter(the`'Shelter")and a 40' monopole tower(the"Tower")(see Attachment A for site plan and building plan). b. Maintain use of the space around the Shelter for purposes that will not cause risk of damage to the communication equipment located by the Facility. c. Allow radio antennas to be mounted on the Tower. 4. Pitkin's Obligations. Pitkin will construct and occupy the Shelter attached to the Facility. In order to facilitate this use, Pitkin will: a. Contract for the construction of walls and infrastructure to create the 18' x 10' Shelter attached to the Facility with oversight by the TOSV for that construction (see Attachment A for site plan and building plan). b. Contract for the construction of the 40' monopole tower(see Attachment A for site plan and building plan). c. Install radio antennas on the Tower. d. Contract for the installation of natural gas service from the access point of the Facility property to the generator inside the Shelter. Gas usage by the site will be paid for by the county. e. Install an electric meter for service to the communication room so all costs for service to the communication equipment is the responsibility of the County. f. Install the appropriate heating and cooling equipment on the exterior wall of the Shelter to ensure safety of communication equipment. g. Install an access/entry door on the Shelter to meet requirements of a communication equipment room. h. Install gutters on the Facility roof that is over the Shelter to protect the Shelter and Tower from potential water damage. i. Paint and stain the Shelter to match the existing walls of the Facility prior to project completion. j. Mitigate all impacts to the Facility and grounds related to modifications to the Facility for Shelter construction,electrical service,and antenna and gas line installations. k. Obtain the appropriate permits for any construction I. Maintain all infrastructure to the Shelter for the term of this agreement. m. If the DTR system is discontinued at any time,disassemble and remove the Shelter and Tower to the specification of TOSV up to the original condition of the Facility. 5. Assignability. This agreement is not assignable by either party. 6. Modification. This Agreement may be changed or modified only in writing by an agreement approved by the respective Boards of the Governments and signed by authorized officers of each party. 7. Entire Agreement. This Agreement constitutes the entire Agreement between the parties and all other promises and agreements relating to the subject of this Agreement,whether oral or written,are merged herein. 8. Severability. Should any one or more sections or provisions of this Agreement be judicially adjudged invalid or unenforceable, such judgment shall not affect, impair,or invalidate the remaining provisions of this Agreement,the intention being that the various sections and provisions hereof are severable. 9. Notice. Any notice required or permitted under this Agreement shall be in writing and shall be hand-delivered or sent by registered or certified regular mail,postage pre-paid to the addresses of the parties as follows. Each party by notice sent under this paragraph may change the address to which future notices should be sent. Electronic delivery of notices shall also be deemed sufficient and considered delivered upon receipt of confirmation of delivery on the part of the sender. To: Pitkin County With copies to: Jeff Krueger Pitkin County Attorney's Office Communications Manager 530 E. Main Street 530 E. Main Street,#302 Aspen,Colorado 81611 Aspen,Colorado 81611 jeff.krueger@pitkincounty.com To: Town of Snowmass Village With copies to: Clinton M. Kinney TOSV Attorney's Office Town Manager 130 Kearns Road, PO Box 5110 130 Kearns Rd. PO Box 5010 Snowmass Village,CO 81615 Snowmass Village,CO 81615 10. Government Immunity. The parties agree and understand that both parties are relying on and do not waive,by any provisions of this Agreement,the monetary limitations or terms or any other rights, immunities,and protections provided by the Colorado Governmental Immunity Act, C.R.S. 24-10-101,et seq.,as from time to time amended or otherwise available to the parties or any of their officers,agents,or employees. The Parties agree to hold each other harmless for any loss,damages,expense,cost or claims of any character or any nature arising out of the use of Snowmass Village's Town Hall as contemplated in this agreement. II. Current Year Obligations. The parties acknowledge and agree that any payments provided for hereunder or requirements for future appropriations shall constitute only currently budgeted expenditures of the parties. The parties' obligations under this Agreement are subject to each individual party's annual right to budget and appropriate the sums necessary to provide the services set forth herein. No provision of this Agreement shall be construed or interpreted as creating a multiple fiscal year direct or indirect debt or other financial obligation of either or both parties within the meaning of any constitutional or statutory debt limitation. This Agreement shall not be construed to pledge or create a lien on any class or source of either parties' bonds or any obligations payable from any class or source of each individual party's money. 12. Binding Rights and Obligations. The rights and obligations of the parties under this Agreement shall be binding upon and shall inure to the benefit of the parties and their respective successors and assigns. 13. Agreement made in Colorado. This Agreement shall be construed according to the laws of the State of Colorado, and venue for any action shall be in the District Court in and for Pitkin County,Colorado. Each party to this Agreement shall have standing to bring an action to enforce the terms of this Agreement in District Court, including an action for specific performance and injunctive relief. 14. Early Termination. If the TOSV operations require the removal of the Tower or Shelter, a 30 day notification must be given to Pitkin County so that a remedy or alternative solution can be found,and a resolution will be signed by both parties. If no alternative solution can be found,the site may be discontinued with 90 day formal written notice from the TOSV. In the event of discontinuance the TOSV will assist Pitkin with an alternative site location. Cost and contributions for relocation from either party will be determined and agreed upon relocation assessment. Pitkin will disassemble and remove the Tower and/or Shelter to the specification of TOSV up to the original condition of the Facility. 15. Site Modifications. Any visible external additions and improvements to the site by Pitkin County including but not limited to antennas,platforms,microwave dishes,etc.,must be approved by the Town of Snowmass Village before installation. Such Modifications would be the responsibility of Pitkin County to maintain. 16. Third Party Providers:Third party providers wishing to add telecommunications equipment to the Tower or Shelter must first be approved by the Town of Snowmass Village as well as reviewed by the Pitkin County Communications department to ensure there is sufficient space and no technical interference. The Town of Snowmass Village will have rights to any revenue made from a third party provider,minus compensation owed to Pitkin County to cover the cost of installation and utilities,to be determined upon review and approval by both parties. Any cost for damage to existing infrastructure under the care of Pitkin County as a result of Third Party Providers will be the responsibility of Town of Snowmass Village and the Third Party Provider responsible. 17.Attorney's Fees. In the event that legal action is necessary to enforce any of the provisions of this Lease, the substantially prevailing party, whether by final judgment or out of court settlement,shall recover from the other party all costs and expenses of such action or suit including reasonable attorney's fees. 18. Funding Arrangement. The costs associated with the installation and construction of the site,as managed by Pitkin,shall be allocated in accordance with the"Enhanced 9-1-1 Emergency Telephone Service" IGA signed January 15,2010 and attached hereto (Attachment B).Additional costs and/or a variation from this allocation of costs with other funding formulas must be previously agreed to by the Parties. The foregoing Agreement is approved by the Board of CounW CoirmissipneT of Pitkin County, Colorado at its regular meeting held on the JCA day of E �^yy� .0,jJ,c.,r ,2016. The foregoing Agreement was approyed byteown m Council bf Snowass Village at its regular meeting held on the(/f day of �,/� , , J :' ,2016. In Witness whereof,the parties hereto have caused this agreement to be executed as of the day and year first above written. TOWN OF SNOWMASS VILLAGE ATTE f nidt_NfO &d, BY / ilei honda Coxon,Town Clerk Markey Butler, Mair APP'OV D • S TO FORM: r r l,,;59A) John Presser,Town Attorney 65on M. Kinney, Town eager PITKIN COUNTY ATTEST: BY: Jeanette Jones, Deputy County Clerk. Rachel E. Richards,Chair APPROVED AS TO FORM: John Ely, County Attorney Jon Peacock,County Manager Elk Mountain...",., -Technology ,,..,.,,w.,,,......... . " , "' , ixt,eam tm.snmma"WYO.CO... `� PI OPOSED RADIO BUILDING PROPOSED MONOPOLE . 1 g L 4 de;�r®%;.1 .-...., Y t SNOWMASS VILLAGE TOWNHALL I I �I I U 4 i DM 111 ( v— www r.-‘‘) ` v O 'J C I?IF Pi.41(opy1 • !wgvww..MI 01 SITE PLAN'a A100 p ri - —1 I 18'-O II 11 i 1 -- ________-1 .Elk Mounetact hn-" *I\nology ... i• I6.-7 7/8" 10'-4 5/8" Snowman ViI•Vv Reao Sloan EQUIP.RACKS ......n.Rd 6.1...rtvaiS Wage CO MI6 r V tineari* 0.0. . _ .. iv HVAC — UNIT ) In 5 "' &., , ,;,; , GENERATOR 34 x 77" ---,' I 11 .. 2' 6" 2'-6" Z-8 1/4" t 'I 2 VW/Mk°WAR PI Alki fie .. _ , NATIVE GRASS _ _ _ A',,,.G.,.. 0 ' EDGE OF FOUNDATION I 1 I WALL AT GRADE EXISTING SIDEWALK NEW SIDEWALK EXTENDED TO NEW SLAB t --------,1 . 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TD MAN LERYEL y VAPOR RAPINES 4','�-•"�, A'NUM FL1 ORA6WY A'!'FTMAETER DIUN LAYER { ...... .,C_/`-�. rw-.AIA 01 PIFERMETEEAORAN SECTIONS/DETAILS', ; 6 BASF OF WAIL AND SLA*DETALL 1 9b eM 1 �' A301 Aspen-Pitkin County Emergency Telephone Service Authority Intergovernmental Agreement INTERGOVERNMENTAL AGREEMENT CONCERNING THE CONTINUED OPERATION OF AN "ENHANCED 9-1-1"EMERGENCY TELEPHONE SERVICE THIS AGREEMENT,made as of the date last below signed, is by and between the following parties: COUNTY OF PITKIN,a body politic and corporate hereinafter referred to as "County",the CITY OF ASPEN,a municipal corporation hereinafter referred to as"Aspen",the TOWN OF SNOWMASS VILLAGE,a municipal corporation hereinafter referred to as "Snowmass",the TOWN OF BASALT,a municipal corporation hereinafter referred to as "Basalt",the ASPEN FIRE PROTECTION DISTRICT,a quasi-municipal corporation hereinafter referred to as"Aspen Fire",the SNOWMASS-WILDCAT FIRE PROTECTION DISTRICT,a quasi-municipal corporation hereinafter referred to as"Snowmass Fire",the BASALT AND RURAL FIRE PROTECTION DISTRICT,a quasi-municipal corporation hereinafter referred to as"Basalt Fire",the ASPEN AMBULANCE DISTRICT,hereinafter referred to as"Aspen Ambulance",the CARBONDALE AND RURAL FIRE PROTECTION DISTRICT, hereinafter referred to as"Carbondale Fire". WITNESSETH: WHEREAS,pursuant to Article 11 of Title 29,C.R.S.,as amended,the above-listed parties have operated a joint emergency telephone services serving their respective jurisdictions, pursuant to agreement dated August 16, 1994;and WHEREAS,Part 2 of Article 1 of Title 29,C.R.S.,as amended,encourages and authorizes agreements of this nature;and WHEREAS, it would serve the public welfare and be in the best interest of all of the above-references parties to continue 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 Intergovernmental Agreement for the following purposes: 1. To continue in existence a separate legal entity known as the"Aspen-Pitkin County Emergency Telephone Service Authority"(hereinafter referred to as the "Authority")which shall be responsible for administering the operation of the emergency telephone service program;and Final—03/25/09 1 • Aspen-Pitkin County Emergency Telephone Service Authority Intergovernmental Agreement 2. To define the manner in which each of the parties will participate in the Authority; and NOW,THEREFORE,in consideration of the mutual covenants hereinafter contained,the parties agree as follows: I. DEFINITIONS The definitions for the terms"emergency telephone charge", "emergency telephone service","exchange access facilities","governing body", "public agency","service supplier", "service user",and"rates"as used in this Intergovernmental Agreement shall be the same as the definitions provided for those terms in Section 29-11-101,C.R.S. as amended. H.GENERAL PROVISIONS The parties hereby agree to continue their participation in a separate legal entity to be known as the"Aspen-Pitkin County Emergency Telephone Service Authority"which shall be responsible for administering the operation of the emergency telephone service program as described below. • III.EMERGENCY TELEPHONE SERVICE AUTHORITY BOARD The governing Board for the Authority shall consist of five(5)members which shall be comprised of the following individuals: 1. Sheriff of the County of Pitkin or his designee in writing; 2. Police Chief of the City of Aspen or his designee in writing; 3. Police Chief of the Town of Snowmass Village or his designee in writing; 4. Police Chief of the Town of Basalt or his designee in writing; 5. A Special District Representative,selected by the five special districts;Aspen Ambulance,Aspen Fire,Basalt Fire,Carbondale Fire and Snowmass Fire. IV.RULES AND REGULATIONS Final —03/25/09 2 Aspen-Pitkin County Emergency Telephone Service Authority Intergovernmental Agreement The governing board for the Authority may pass supplementary rules and regulations as it deems necessary provided the supplementary rules and regulations are in compliance with. Articles 1 and 2 of Title 29,C.R.S.,as amended,and this Intergovernmental Agreement. Any capital expenditures of$25,000.00 or greater shall require a two-thirds(2/3)vote by the governing board of the Authority. V. POWERS OF THE AUTHORITY The parties hereto agree that the Authority shall be empowered with the authority to contract for the installation and operation of an emergency telephone service and may pay such costs by collecting an emergency telephone charge for such service in the service area which is within the jurisdiction and authorized by this Intergovernmental Agreement and by ordinance or resolution of the respective parties hereto.The Emergency Telephone Service Authority is hereby authorized to collect an emergency telephone charge as imposed by the governing bodies of the respective parties in an amount not to exceed one dollar and twenty five cents($1.25),in those portions of the service area for which emergency telephone service is to be provided. The funds so collected shall be spent solely to pay for the equipment costs, installation costs,costs directly related to the continued operation of an emergency telephone service,monthly recurring charges billed by the service suppliers for the emergency telephone service or any other items stated in Section 29-11-104, C.R.S.as amended. The funds so collected shall be credited to a cash fund separate and apart from the general fund of any public agency parties under this Intergovernmental Agreement. Any funds remaining in the account at year end shall be carried over to the next succeeding year for the same purposes in supplying emergency telephone service. If the emergency telephone service is ever discontinued,any balance in the account may be transferred to the general fund of the public agencies on a proportionate basis as to the contributions made by each respective public agency. In addition,the Authority may do any other act allowed by law as may be necessary for the provision of initial services and for the continued operation of the emergency telephone service;including,specifically,the ability to negotiate with equipment vendors and service suppliers for the purpose of obtaining the benefit of technological developments which the Authority deems necessary to improve or enhance the quality and efficiency of service to be provided to the users. Final—03/25/09 3 • Aspen-Pitkin County Emergency Telephone Service Authority Intergovernmental Agreement VI.BASIS FOR CONTRIBUTION AND CHARGES TO BE IMPOSED BY THE AUTHORITY The parties hereto agree that the basis for contribution and charges to be imposed on "Service Users"shall be in accordance with the provisions governing the same in C.R.S.29-11- 101 et seq.The parties agree that the Authority may request from the service supplier those figures required to impose a contribution or charge and to make a determination of the contribution or charge based on those figures.The parties further agree whenever those figures are required for any contribution or charge,the figures used shall be the most recent available at the time such figures are needed,unless otherwise specified herein. VII. BUDGET AND OPERATING COSTS In the event that the Authority believes funds for operating costs not paid by the emergency telephone charge are necessary, it shall prepare a budget and submit a budget request to the Board of County Commissioners by the annual budget deadline of each year that this Agreement is in effect. The Board of County Commissioners shall consider funding the budget request in the County's annual appropriation. Should funding from the Board of County Commissioners not be forthcoming,or if any funding so provided shall be deemed insufficient by the Authority,the Authority may then present its request to the parties hereto who shall consider the budget submitted and determine a basis for contributing to the budget request at that time;however,no party may be obligated for the payment of any monies without its prior approval. VIII.FUNDS AND OPERATIONS The various monies paid into the Authority by the parties hereto, for operating costs shall be used by the Authority solely for operating costs.Further,the various monies paid into the Authority pursuant to the uniform charge per exchange access facility shall be placed in a separate designated cash fund and shall be paid from said fund only for equipment costs, installation costs,costs directly related to the continued operation of an emergency telephone Final—03/25/09 4 Aspen-Pitkin County Emergency Telephone Service Authority Intergovernmental Agreement service,and for the monthly recurring charges billed by the services suppliers for the emergency telephone service or as stated in Section 29-11-104,C.R.S. as amended. No disbursement shall be made from the funds of the Authority except by check and unless a verified claim for services or commodities actually rendered or delivered has been first submitted and approved for payment by the Authority,said approval being evidenced by the Chair and Administrative Assistant of said Authority. The Authority shall not borrow money nor shall it approve any claims or incur any obligations for expenditure unless there is sufficient unencumbered cash in the appropriate fund, credited to the Authority,with which to pay the same. The Authority may invest any funds paid into the Authority only in accordance with any applicable laws of the State of Colorado governing the investment of public funds. Nothing herein,however,prevents the Authority from returning any surplus operating revenues provided by the parties hereto for the operation of this emergency telephone service to the respective parties hereto in the same proportion that said parties were originally required to contribute for operation. IX. BOOKS AND RECORDS The Authority shall maintain adequate and correct accounts of their funds,properties and business transactions,which accounts shall be open to inspection at any reasonable time by the parties hereto,their attorneys,or their agents.The Authority shall cause to be conducted an annual audit,if requested,which audit shall be conducted by an independent certified public accountant licensed to practice in the State of Colorado.The Authority shall file a copy of said audit with the governing bodies of the respective parties hereto. X. REPORTS If requested,the Authority shall prepare and present to the respective city councils, boards of directors of the special districts, and Board of County Commissioners of Pitkin County,a Comprehensive Annual Report of the Authority's activities and fmances during the preceding year. Final —03/25/09 5 Aspen-Pitkin County Emergency Telephone Service Authority Intergovernmental Agreement The Authority shall also prepare and present such reports as may be required by law, regulation or contract to any authorized federal and/or state officials or to whom such report is required to be made in the course and operation of the Emergency Telephone Service Authority. The Authority shall also render to the parties hereto,at reasonable intervals, such reports and accounting as the parties hereto may from time to time request. XI.DEFAULT IN PERFORMANCE In the event any party fails to pay its share of the operating costs then due,or to perform any of its covenants and undertakings under this Agreement,the Authority shall cause written notice of the Authority's intention to terminate said Agreement as to such party in default to be given to that party's governing body unless such default is cured within thirty(30)days from the date of such notice.Upon failure to cure said defaults within said thirty(30)day period,the membership in the Authority of the defaulting party shall thereupon terminate and said party shall thereafter have no voting rights as a member of the Authority at any annual or specific meetings thereof,nor be entitled to representation on the Authority,and said party shall thereafter be denied service by the Authority. Furthermore,any party who is terminated under the provisions of this Section of the Agreement shall forfeit all right,title and interest in and to any property acquired by the Authority to which said party may otherwise be entitled upon the dissolution of this Agreement. This article is not intended to limit the right of any party under this Agreement to pursue and all other remedies it may have for breach of this Agreement. XII.TERMINATION OF AGREEMENT A. This Agreement shall be in full force and effect upon the execution of this Agreement by all of the parties listed herein,and shall continue in full force and effect,subject to amendments,or until sooner termination by a majority of the parties hereto. B. This Agreement,or any party's participation in this Agreement,may be terminated by written notice from the party or parties to the Authority at least one hundred eighty (180)days prior to January 1 of any given year. C. Upon termination by mutual agreement of a majority of the parties to this Agreement, the powers granted to the Authority under this Agreement shall continue to the extent Final—03/25/09 6 Aspen-Pitkin County Emergency Telephone Service Authority Intergovernmental Agreement necessary to make an effective disposition of the property,equipment and monies required to hold pursuant to this Agreement. D. In the event that any party hereto elects to terminate its participation in the Agreement prior to the end of any period of this Agreement not in accordance with subsection B of this Agreement and accordingly shall forfeit its entire interest in the emergency telephone service. Provided however,if in the event that any party in good standing hereto elects to participate in an emergency telephone service other than that operated by the Authority created hereby, such party or parties shall have the right to utilize any and all network equipment installed in service supplier facilities and paid for by the Authority without charge or reimbursement to this Authority subject,however,to any or all costs charged by the service supplier. XIII.AMENDMENT This agreement may be amended by the parties from time to time,but any amendment shall be in writing and executed by all the parties hereto. XIV. SEVERABILITY CLAUSE If any provision of this Agreement or the application hereof to any party or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the Agreement which can be given effect without the invalid provision or applications,and to this end the provisions of the Agreement are declared to be severable. IN WITNESS WHEREOF,the parties hereto have caused their representatives to affix their respective signatures hereto,as of the day and year herein set forth. Final—03/25/09 7 Aspen-Pitkin County Emergency Telephone Service Authority Intergovernmental Agreement COUNTY OF PITKIN By Chairman BOCC Date Final—03/25/09 8 Aspen-Pitkin County Emergency Telephone Service Authority Intergovernmental Agreement CITY OF ASPEN By Mayor Date Final—03/25/09 9 Aspen-Pitkin County Emergency Telephone Service Authority Intergovernmental Agreement TOWN OF SNOWMASS VILLAGE By Mayor Date ‘115 120'o Final —03/25/09 10 Aspen-Pitkin County Emergency Telephone Service Authority Intergovernmental Agreement TOWN OF BASALT By Mayor Date Final—03/25/09 11 Aspen-Pitkin County Emergency Telephone Service Authority Intergovernmental Agreement ASPEN FIRE PROTECTION DISTRICT By Chairperson Date Final—03/25/09 12 Aspen-Pitkin County Emergency Telephone Service Authority Intergovernmental Agreement BASALT AND RURAL FIRE PROTECTION DISTRICT By Chairperson Date Final—03/2 /09 13 Aspen-Pitkin County Emergency Telephone Service Authority Intergovernmental Agreement SNOWMASS-WILDCAT FIRE PROTECTION DISTRICT By Chairperson Date I 115 (2oO . -- — — Final 03/25/09 14 Aspen-Pitkin County Emergency Telephone Service Authority Intergovernmental Agreement CARBONDALE AND RURAL FIRE PROTECTION DISTRICT By Chairperson Date Final—03/25/09 15 Aspen-Pitkin County Emergency Telephone Service Authority Intergovernmental Agreement ASPEN AMBULANCE DISTRICT By Chairperson Date Final—03/25/09 16 ‘pf K N CO-U INTERGOVERNMENTAL AGREEMENT FOR THE OPERATION, ADMINISTRATION AND FINANCIAL SUPPORT OF THE PITKIN COUNTY REGIONAL EMERGENCY DISPATCH CENTER THIS INTERGOVERNMENTAL AGREEMENT(IGA,the"Agreement")is made this_day of , 2013,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," WITNESSETH; WHEREAS,the agreement is entered into pursuant to, inter alfa,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 1 � 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: ARTICLE I-TE M AND EFF . .T 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 ,2013 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?' 21 ARTICLE II—DISPATCH CENTER OPERATIONS 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. c. 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 ("Support Services"),including payroll administration, legal services, information systems services,and building and grounds support,as provided for herein. Any and all costs associated with the provision of Support Services shall be annually borne through Participating Member fees. 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: i. Ensure Pitkin County policies and procedures are followed in the 31 hiring and terminating the employment of the Director. ii. Ensure the Director demonstrates effective control over the supervision,operation,and development of the 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. vi. Provide quarterly financial reports to the Participating Members of the Center. i. 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, and Carbondale and Rural Fire Protection District; Snowmass-Wildcat Fire Protection District. No other agency representative may be a member of the Board,unless 41 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 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: i. 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 5 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 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: i. 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. Submittal of semi-annual financial and operational reports to the County and all 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 61 County)governing the internal management of the Center and its relationship to County departments and other outside agencies. 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. NCIC/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. ARTICLE III—ANNUAL OPERATIONS CHARGES FOR SERVICES 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,support services and any other expenses related to the efficient operation and administration of the Center. Such payment obligation shall be assessed according to the established collection schedule,based on a proposed budget for each year. The annual proposed budget,and accordingly the payment for each Participating Member,may be modified from time to time to reflect the actual operating costs of the Center. b. Participating Members shall reimburse Pitkin County for one hundred percent (100%)of the total operating expenses of the Center,less the share allocated to the County in accordance with and through the application of the established Fee Schedule. 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. Nevertheless,the actual operations costs of the Center shall at all times reflect the actual Center operations 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 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. Members with over 15%of calculated calls will pay quarterly. Pitkin County will invoice Participating Members on the established schedule. Payment is due 30 days from invoice date. ARTICLE IV—CAPITAL EXPENDITURE PARTICIPATION FUND 1. Capital Budget. Capital expenditures for the Center,known as the Capital Budget, 8 ( • 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 each County and 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 each County and Municipal Participating Member; ii. Each County and 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 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 91 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 I1I.3 above. ARTICLE V—DEFAULT.TERMINATION& WITHDRAWAI, 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 1GA 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. 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 10 I 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 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. ARTICLE VI—GENERAL PROVISIONS 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. 111 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 writing,either in person,by electronic means or by certified mail,return receipt requested to the addresses listed in Addendum B,Notification and Contact I for, marion,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. 12 I 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 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 seq., 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. 13I 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. 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 seq.,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. 14 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. ARTICLE VII—FUTURE CONTRACTS BY THE CENTER OR COMMUNICATIONS SERVICES 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 Center for services. ARTICLE Vl.11—EFFECTIVE DATE& EXECUTION 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 December 31,2013,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. 15 I 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 Budget Supplemental Request For increases above budgeted revenues or expenditures;new or increased programs,services,or personnel; transfers over$50,000;or transfers across funds. Project/Service Name: Land Radio Communication Infrastructure Work Session Date: March 15,2016 Department: Radio/Tech Budget Year: 2016 Request Type: Capital Improvements Adjustment Type: One-Time Adjustment Fund: General Fund Staff Responsible: Phylis Mattice Prepared By: Phylis Mattice Reviewed by Finance Staff-Name: _ Connie Garofalo Date: 3/10/16 1) PROJECT DESCRIPTION AND FISCAL IMPACT: The County's land mobile radio system is a VHF system that serves public safety agencies (Pitkin Sheriff, Aspen Police, Basalt Police, Snowmass Police, Aspen Fire, Snowmass/Wildcat Fire, Basalt Fire, Carbondale Fire and Aspen Ambulance) as well as general government operation (ie:Airport, Road and Bridge, Open Space, Aspen Utilities). In 2014 major issues in coverage and operability were identified and the County initiated an evaluation of the system. In March 2015 the final report was completed by Pericle Communication Company. The report identified the system was in bad shape and needed a complete overhaul. The estimated cost of the overhaul was$1,660,000. An option to the overhaul of the system was investigated for the Communication Board, made up of representatives of all the public safety agencies using the system. The County could migrate away from the VHF system to the state's 800MHz Digital Trunk Radio System (DTRS). The County already has 2 DTRS sites,one on Ajax Mt and one on Crown Mt. County staff met with state DTRS staff to develop a cost model to compare with the VHF overhaul costs. As the County looked at DTRS costs, the State 01T-DTRS came to the table offering to install the equipment and enter into an MOU for the labor, maintenance and replacement of costs for 25 years if the County migrated to the state DTRS (a $1.25M value for installation and a $13.5M estimated contribution over the term). The identified benefits to all users with the DTRS will be enhanced coverage and capabilities,system monitoring and greater interoperability. The Communication Board voted unanimously to migrate to the state DTRS. The $439,770 that was budgeted in 2015 for the VHF system and was not spent will be returned to the capital fund balance. These savings will be transferred to the general fund balance to help partially fund this request. The projected cost for the entire project was approximately$4.4M to include six new communication sites(Red Table,Aspen Water, Loge,Williams, Snowmass Village and McClure)and capacity upgrades to existing sites(Ajax and Crown). Red Table was added in 2015 through contributions from Holy Cross for site infrastructure at their existing site and from the 01T-DTRS contributing all equipment and installation.Of the five remaining sites,four are planned to be developed in 2016 with McClure scheduled for 2017 due to the Environmental work to be completed as it will be a new site in the USFS White River National Forest. Partner contributions, grants, and discounts,totaling over$2.1M, reduce the net cost to$2.34M. (See 2016 cost estimate sheet— Attachment A). The County will purchase the equipment and then turn it over to the State through Memos of Understandings (MOUs) for maintenance and equipment replacement (Pitkin has MOUs with the state for the equipment at Ajax and Crown.) Motorola is the required equipment for the state's system and the County has a bid for the 4 sites to be built in 2016, expansion of channels at Crown and Ajax,and Dispatch Control Equipment,for a total cost of$1,334,702. The timing of this project links to the moving of the Emergency Dispatch Center. (See Communications Timeline-Attachment B) The new radio console equipment being purchased (already budgeted)for the Dispatch Center is engineered to dispatch through both the current VHF system and the DTRS. This is a great benefit for the public safety agencies of Carbondale and Basalt Fire as well as Basalt PD since both Eagle and Garfield County are on the state DTRS. Also currently using the DTRS system are Colorado State Patrol(CSP),Colorado Department of Transportation(CDOT)and Roaring Fork Transit Authority(RFTA). Pitkin County cannot bear the costs of this project alone and is seeking commitments and funding from municipalities, special districts and other agencies including the City of Aspen, Town of Snowmass Village and Basalt to name a few. All participating agencies recognize the importance of improving radio communications in the Roaring Fork Valley and mountain drainages and are committed to the successful migration to the 800MHz DTRS system. RFTA is currently the primary user of the system along the Highway 82 corridor and Pitkin County has made a request of RFTA to contribute to the expense of the added infrastructure. All expenses will be through the County with contributions to the infrastructure coming from participating agencies. Discussions and support have already occurred with Public Safety Communication Board and the corresponding municipal leaders There is an Intergovernmental Agreement(IGA)in place with Communication Board agencies that provides for costing of capital projects across the agencies(See Contribution Calculations-Attachment C).This will be the default mechanism for sharing the infrastructure build costs. In preliminary meeting with the Managers of the municipalities, the possibility of creating a contribution model based on additional criteria to what is identified in the IGA was discussed (i.e.: number of radios) and the final cost allocation model will be confirmed as participating agencies process appropriations for the project. 1 2) STRATEGIC PLAN GOAL(S)ADVANCED: Safe and Healthy Community 3) REQUESTED EXPENDITURE APPROPRIATIONS: Full Cost of Project Original Budget Expenditure Line Item Description Account Coding g g Increase/ Total Adjusted Amount (Decrease) Budget General Fund Radio/Tech _ Comm. Site Development Capital $0 $700,000 $700,000 Contingency $0 $203,200 $203,200 Environmental Assessment $0 _ $100,000 $100,000 Radio Equipment(Motorola Net Cost) $0 ` $1,337,000 $1,310,000 Microwave Equipment $0 $500,000 $380,000 Total New $2,840,200 Appropriations 4) FUNDING NEW REVENUE APPROPRIATIONS: Revenue Original Budget Total Adjusted Line Item Description Account Coding Amount Increase/ Budget (Decrease) General Fund Radio/Tech Translator Contribution $0 $505,000 $250,000 RFTA Contribution _ $0 $100,000_ $100,000 Public Safety Allocation Contributions $1,462,102 Total New Revenue $2,067,102 USE OF GENERAL FUND BALANCE: $773,098 5) NET CHANGE TO FUND BALANCE Unassigned General Fund Balance projected at 12/31/2016 $4,412,912 Transfer from Capital Fund 2015 Savings +$439,770 (Use of General Fund Balance) - $773,098 Unassigned Fund Balance after Supplemental Request $4,079,584 6) ALTERNATIVE ANALYSIS This is a critical component for public safety and emergency communications. The alternative was explored for overhauling the current VHF system but was not considered a viable option based on costs and operability when compared to migrating to the DTRS BOCC Approval: Date County Manager Signature For Finance Dept Use: TRANSACTION# NAME DATE ENTERED 2 Potential Pitkin County 800 Trunking Sites ATTACHMENT A 2015 2016 2016 2016 2016 17 2016-17 Site Name Red Table Aspen Water Wiliia1115 SMV Log(' McClure Co,, acl,Cross Agree to let Asper a,arer, State Lard Board Lease through 5M,/ lease through state install site 1-31.2041 US'S 31 US%5 lase thr u Amendment far Curren[ tower and New Me lard'Jse Doe Tr anslatoe Site- building flange.- Application to No IGA with City need to IGA with Town USES Form 299, US%5 needed $ 1x.000 Needed, Form 5:299 coordinate with Ski Co wants to (Environmental owner far redev develop budding Assessment)•to at same site for be paid in 2316 Mt/bathrooms Replace Building Buddies Needs Ea'shrg Building 15,05 space for New building 6 has capacity(this Current Budding Car add to back ASC will fund W tY radio,plans for Wm Bala cost is building 5 130,000 Use,Need gat 0 $ 70,000 space to $ 125,000 of building 4e10 S 80,000 budding and 5 New l'''''''.4 5 150,000 needed w/AC) value) Intl accommodatefor radio lease space for 20120 Cee and Eduardradio/comms AC Power Has $ 150.000 Has $ Has $ Has $ - Has $ needed5 000,000 (estimate) Generator/Fuel HAS Propane Needs Propane Has propaneNeeds Nat Gas Needs Propane 20 RW estimated (Value) 5 25'000 Outside $ 21.000 inside 25,000 Inside or Out 5 15'000 Inside $ 25,000 Needs Propane $ 21.000 Space available Needs 40'tower Replace2-20 Tower height Tow,, on Holy Cross $ 100,000 Needs 30-40 5 75,000 Needs 100' 5 190,000 on ground to 5 75,000 with 1-20 $ 75,000 estimate is 5 150 000 Tower(Value) clear building free standing 60'•100' Radio Equipment 6 channels 5 135,000 10 channels $ 325,000 8channels $ 260,1100 B channels $ 260,000 13 channels $ 325,000 6channels $ 210.600 Microwave Equipment 5 - 1 Mk 5 60,000 2 kilts $ 740.000 3 Nrks 5 190.000 2 U.4r $ 160.000 Gunnison Co Ski Co Garfield Co HolyCross Partner Translator willDelta Co, Partnerssupport I/2 Partner TCSV Translator Partner Slate Contribution City el AspenHol Cross Bband7 Cell, Contribution Translator USES Holy Contribution red,Bband7 State [eV Holy Cross site Current allowing state to Translator Occupants add DTR Public Safety S6,Seae. tenant Public Safety at Eagle Courty lower site Full Cost TOTAL 5 600,000 TOTAL S 555,000 TOTAL 5 650,000 TOTAL: $ 440,000 TOTAL $ 605,000 TOTAL: S 1.195,600 Less Partner Contributions5 (600.000) 5 (155,0001 $ (500.000) Net test $ • $ 555,000 S 395,000 $ 440,000 $ 605,000 5 695,600 ATTACHSIENT A COSTS 2015 2016 2017 Total Cost Total Full Cort Estimates(From Chart Above)- S 600,000 $ 2,250,000 5 1.155,600 $ 4,045,600 Dispatch Microwave Costs $ 120,000 $ 120,000 Dispatch Network Management Com $ 27,000 5 27,000 Crowne Ajax Channel Expansion Costs S 210,000 $ 210,000 McClure Environmental Assessment In 2016 5 200„000 $ 110C,0001 $ TOTAL ESTIMATED PROJECT COSTS: $ 600,000 $ 2,707.000 $ 1.095,600 $ 4,402,600 CONTRIBUTIONS/DISCOUNTS/GRANTS: Minus Panner Contributions: $ (600.000) S (500,000) $ (1,100,000) Mmus Translator Contnbutbn $ 1505.0001 5 (505,000) Minus Motorola DTR Discount $ (70,000) 5 (70,000) Minus RFTA Contribution S (100,0001 5 (100.000) Minus DOW Grant(Projected) S (500,000) $ (500,000) NET ESTIMATED COSTS: $ - $ 2,032,000 $ 95,600 S 2,127,600 Contingency 110%). $ ' S 203,200 $ 9,560 $ 212,760 TOTAL NET ESTIMATED COSTS: S • S 2,235,200 S 305,160 $ 2,340,360 Motorola Contract S 1,337,000 4 ATTACHMENT B Pitkin County Communications Timeline 2016-2018 2016 2017 2018 Tasks Q2 Q3 04 Q1 0.2 Q3 Q4 Q1 Q2 Q3 Q4 911 Dispatch Center Tower(04/16) . Microwave Link(06/16) Consoles(08/16) Cutover(09/16) A V Digital Trunked Radii) i __ 4 new sites&1 remodel in 2016(Dispatch,Aspen Water,Loge,TOSV,Williams Site Plans(04/16) se' Permits(06/16) Foundations(07/16) --- — �+V ---- Tower/Shelters(09/16) McClure New Build - - --_-_— ---_--- ------- ----.—_—___...------�----. .— -- Site Plan(06/16) EIS(12/16)----- Itriefiniir -- ._. Permits(0S/17) -- ,> .'.'"—.—_.- -- - --- Foundation(07/17 Towers/Shelters 109/17) A J,-,,,, Microwave Link(10/17) Broadband Preliminary Design(0S/16) Engineering Design(10/16) Phase I Implementation(6/17) Phase II Implementation(3/18) ! - Future Phase Implementation(12/1877) I Translator f 1 Williams Remodel(09/16) • Elephant Remodel(09/17) 1_ � w:a, Thomasville Remodel(09/18) — Aspen Water Migration(07/17) Loge Migration(10/17) --JackrabbitMigrationMigration(01/18) �� r 1_ Lower Red Decommission(06/18) Upper Red Decommission(11/18) �. V I 5 ATTACHMENT C-Dispatch Cap Model 2016 Calculation for Additional Contribution: 2,235,200.00 (does not include previously budgeted capital costs) https://dola.colorado.govldemoq webapps/mpeParameters.isf.isessionid=6a0879b1ae37c11376c1aE Population (2013 Data): Aspen 6,712.00 Snowmass 2,863.00 Basalt Pitkin County 937.00 Basalt Eagle County 2,910.00 Pitkin 6,796.00 20,218.00 Calls for Service%: City of Aspen Police 31.955% Pitkin County Sheriffs Office 34.912% Snowmass Village Marshall 7.881% Basalt Police 15.128% Basalt Fire 2.228% Aspen Ambulance 2.251% Aspen Fire 3.374% Snowmass-Wildcat Fire 1.830% Carbondale Fire 0.441% 100.000% 25% to Law Enforcement Agencies Based on Population City of Aspen Police 185,511.21 Pitkin County Sheriffs Office 187,833.00 Snowmass Village Marshall 79,129.71 Basalt Police 106,326.00 75% to All Based on Avg Calls for Service(2 year average) City of Aspen Police 535,693.62 Pitkin County Sheriffs Office 585,264.77 Snowmass Village Marshall 132,117.08 Basalt Police 253,605.79 Basalt Fire 37,350.19 Aspen Ambulance 37,735.76 Aspen Fire 56,561.74 Snowmass-Wildcat Fire 30,678.12 Carbondale Fire 7,392.92 Total Contribution Amount: City of Aspen Police 721,204.83 Pitkin County Sheriffs Office 773,097.77 Snowmass Village Marshall 211,246.79 Basalt Police 359,931.79 Basalt Fire 37,350.19 Aspen Ambulance 37,735.76 Aspen Fire 56,561.74 Snowmass-Wildcat Fire 30,678.12 Carbondale Fire 7,392.92 Total Contribution 2,235,199.91 6