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09-08-2005 SECOND AMENDMENT TO THE INTERGOVERNMENTAL AGREEMENT CONCERNING THE IMPLEMENTATION OF AN ''E911'' TELEPHONE SERVICEOFFICE OF THE COUNTY ATTORNEY (970) 328-8685 FAX: (970) 328-8699 www.eaglecounty.us EAGLE COUNTY September 08, 2005 Town of Avon P.O. Box 975 Avon, CO 81620 Re: "E911" Telephone Service Dear Sir or Madam: Enclosed for your records is a copy of the second amendment to the Intergovernmental Agreement concerning the implementation of an "E911" telephone service. Please do not hesitate to contact our office if you have any questions or concerns. Sincerely, Bryan R. Treu County Attorney BRT:rrv Enclosure Eagle County Building, 500 Broadway, P.O. Box 850, Eagle, Colorado 8 1 63 1-0850 C. ,`s - 1_51 -1a SECOND AMENDMENT TO THE INTERGOVERNMENTAL AGREEMENT CONCERNING THE IMPLEMENTATION OF AN "E911" TELEPHONE SERVICE THIS Second Amendment to the Intergovernmental Agreement Concerning the Implementation of an E911 T je hone Service ("Second Amendment") is made and entered into this day of 2005 by and between the following parties ("Parties"): 1) Board of County Commissiciters, County of Eagle, State of Colorado; 2) The Town of Vail, a municipal corporation; 3) The Town of Avon, a municipal corporation; 4) The Town of Eagle, a municipal corporation; 5) The Town of Gypsum, a municipal corporation; 6) The Town of Minturn, a municipal corporation; 7) The Town of Red Cliff, a municipal corporation; 8) The Greater Eagle Fire Protection District, a quasi-municipal corporation; 9) The Gypsum Fire Protection District, a quasi-municipal corporation; 10) Western Eagle County Ambulance District, a quasi-municipal corporation; 11) Eagle County Health Service District, a quasi-municipal corporation f/k/a The Eagle County Emergency Services Hospital District and the Eagle County Ambulance Service; WHEREAS, the Parties entered into an Intergovernmental Agreement Concerning the Implementation of an E911 Telephone Service on January 14, 1991 ("Original IGA") to establish the Emergency Telephone Service Authority. WHEREAS, the Emergency Telephone Service Authority ("Authority Board") is a five (5) member board appointed by the Board of County Commissioners and charged with the oversight and funding of Eagle County's 911 system. WHEREAS, the original IGA contained a provision requiring that two (2) members of the Authority Board be appointed from west of Wolcott, two (2) members be appointed from east of Wolcott and one (1) member be appointed at-large. WHEREAS, the Authority Board desires more at-large appointments to create a broader applicant pool for future open Director positions and to ensure qualified membership on its current Board. WHEREAS, the Original IGA contained a provision limiting the collection of an emergency telephone charge to an amount not to exceed seventy cents ($.70) per month despite the statutory authorization of a higher amount pending Public Utilities Commission approval as set forth in C.R.S. §29-11-102(2)(b). WHEREAS, the Authority Board desires that the Original IGA be amended to include the same statutorily authorized collection amounts as sot forth in C.R.S. §29-11-102. WHEREAS, the Parties desire to amend the Original IGA to include the changes set forth below. In consideration of the mutual covenants set forth in the Original IGA and the additional covenants set forth hereunder, the sufficiency of which is hereby acknowledged, the Parties agree that this Second Amendment shall replace and supersede those sections of the Original IGA as stated hereunder. ARTICLE 3.1, EMERGENCY TELEPHONE SERVICE AUTHORITY BOARD, shall be deleted in its entirety and replaced with the following: "ARTICLE 3.1 -EMERGENCY TELEPHONE SERVICE A UTHORITY BOARD The Board of Directors of the Authority ("Authority Board") shall consist of five (5) members who shall be appointed by, and serve at the pleasure of, the Board of County Commissioners. One member shall be appointed from east of Wolcott, one member from west of Wolcott, and three members shall be appointed at-large." ARTICLE 5.3, POWERS OF THE AUTHORITY, shall be deleted in its entirety and replaced with the following: "ARTICLE 5.3 - POWERS OF THE A UTHORITY Collect an emergency telephone charge in those portions of the service area for which emergency telephone service is to be provided as statutorily authorized by C.R.S. §29-11-102 or other future applicable statutory provision." The Parties agree that, except as expressly altered, modified and changed in this Second Amendment, all terms and provisions of the Original IGA shall remain in full force and effect, and hereby are ratified and confirmed in all respects as of the date hereof. If any conflict exists between the provisions of this Second Amendment and the Original IGA, the provisions of this Second Amendment shall control. IN WITNESS WHEREOF, the parties have executed this Second Amendment effective on the day and year first above written. ATTEST: By: Teak J. Simonton Clerk to the Board of County Commissioners ATTEST: By: Clerk ATTEST: By: Clerk ATTEST: By: Clerk ATTEST: By: Clerk COUNTY OF EAGLE, STATE OF COLORADO By and Through its Board of County Commissioners By: Arn Mer~eoni, Chairman P.O. Box 850 Eagle, CG 81631 TOWN OF VAIL By: Mayor 75 South Frontage Road Vail, CO 81657 TOWN OF AVON By: Mayor P.O. Box 975 Avon, CO 81620 TOWN OF EAGLE By: Mayor P.O. Box 609 Eagle, CO 81631 TOWN OF GYPSUM By: Mayor P.O. Box 237 Gypsum, CO 81637 3 } ATTEST: By: e ~ ~ L,_ acn,t$7 r' B ~Y• Teak J. Simonto'n Clerk to the Board of County Commissioners UNTY OF EAGLE, STATE OF COLORADO and T h its Board of County Commissioners nconi, Chairman P.O. Box 850 Eagle, CO 81631 ATTEST: By: ATTES By; TOWN OF VAIL By: Clerk Mayor 75 South Frontage Road Vail, CO 81657 ATTEST: By: Clerk ATTEST: By: Clerk Mayor Mayor P.O. Box 237 Gypsum, CO 81637 3 TOWN OF AVON By: May P.O. Box 975 Avon, CO 81620 TOWN OF EAGLE By: P.O. Box 609 Eagle, CO 81631 TOWN OF GYPSUM By: r AUG-29-2005 MON 01:29 PM VAIL POLICE DEPT FAX NO. 9704792216 ATTEST: COUNTY OF EAGLE, STATE OF COLORADO By and Through its Board of County Commissioners By: By: Teak I Simonton Am Meneoni, Chairman. Clerk to the Board of P.O. Box 850 County Commissioners Eagle, CO 81631 ATTEST: By:- Clerk ATTEST: By: Cleric ATTEST: By: Clerk ATTEST: By: Clerk TOWN OF V By: May r 75 South Frontage Road Vail, CO 81657 TOWN OF AVON By: P.O. Box 975 Mayor Avon, CO 81626 TOWN OF EAGLE By: P.O. Box 609 Mayor Eagle, CO 81631 TOWN OF GYPSUM By, Mayor P,O. Box 237 Gypsum, CO 81637 P. 02 3 ATTEST: COUNTY OF EAGLE, STATE OF COLORADO By and Through its Board of County Commissioners By: By: Teak J. Simonton Am Menconi, Chairman Clerk to the Board of P.O. Box 850 County Commissioners Eagle, CO 81631 ATTEST: TOWN OF VAIL By: By: Clerk Mayor 75 South Frontage Road Vail, CO 81657 ATTEST: TOWN OF AVON By: By: Clerk Mayor P.O. Box 975 Avon, CO 81620 ATTEST: TO EAGLE BY: 1,l6~ 4Merk l Mayor 609 U0x` Eagle, CO 81631 ATTEST: By: Clerk TOWN OF GYPSUM By: Mayor P.O. Box 237 Gypsum, CO 81637 3 ATTEST: COUNTY OF EAGLE, STATE OF COLORADO By and Through its Board of County Commissioners By: Teak J. Simonton Clerk to the Board of County Commissioners ATTEST: By: Clerk ATTEST: By: Clerk ATTEST: By: Clerk By: Am Menconi, Chairman P.O. Box 850 Eagle, CO 81631 TOWN OF VAIL By: Mayor 75 South Frontage Road Vail, CO 81657 TOWN OF AVON By: Mayor P.O. Box 975 Avon, CO 81620 TOWN OF EAGLE By: P.O. Box 609 Eagle, CO 81631 ATTEST: By: -AaCs Mayor TOWN OF S Al. I i Mayor i5fav P.O. Box 237 Gypsum, CO 81637 3 ATTEST: TOWN OF MINTURN By: By: Clerk /Mayor P.O. Box 309 Minturn, CO 81645 ATTEST: TOWN OF RED CLIFF By: By: Clerk Mayor P.O. Box 40 Red Cliff, CO 81649 ATTEST: THE GREATER EAGLE FIRE PROTECTION DISTRICT By: By: P.O. Box 666 Eagle, CO 81631 ATTEST: THE GYPSUM FIRE PROTECTION DISTRICT By: By: P.O. Box 243 Gypsum, CO 81637 ATTEST: WESTERN EAGLE COUNTY AMBULANCE DISTRICT By: By: Chairman P.O. Box 1077 Eagle, CO 81631 4 ATTEST: By: Clerk Mayor P.O. Box 309 Minturn, CO 81645 ATTES. TOWN OF RED CLIFF By:Awz2~z~ Clerk Mayor P.O. Box 40 Red Cliff, CO 81649 ATTEST: THE GREATER EAGLE FIRE PROTECTION DISTRICT By: By: Chairman P.O. Box 666 Eagle, CO 81631 ATTEST: THE GYPSUM FIRE PROTECTION DISTRICT By: By: Chairman P.O. Box 243 Gypsum, CO 81637 ATTEST: WESTERN EAGLE COUNTY AMBULANCE DISTRICT By: By: TOWN OF MINTURN By: Chairman P.O. Box 1077 Eagle, CO 81631 4 ATTEST: TOWN OF MINTURN By: By: Clerk Mayor P.O. BOX 309 Mintum, CO 81645 ATTEST: TOWN OF REIN CLIFF By: By: Clerk Mayor P.O. BOX 40 Red Cliff, CO 81649 ATTEST: THE GREATER EAGLE FIRE PROTECTION DISTRICT By: By: Chairman P.O. Box 666 Eagle, CO 81631 ATTEST: THE GYPSUM FIRE PROTECTION DISTRICT By: By: Chairman P.O. Box 243 Gypsum, CO 81637 ATTEST: WESTERN EAGLE COUNTY AMBULANCE DISTRICT By: By: Chairman P.O. Box 1809 Eagle, CO 81631 a ATTEST: By: Clerk ATTEST: By: Clerk P.O. Box 40 Red Cliff, CO 81649 ATTEST: By: TOWN OF MINTURN By: _ Mayor P.O. Box 309 Minturn, CO 81645 TOWN OF RED CLIFF By: Mayor THE GREATER EAGLE FIRE PROTECTION DISTRICT By: Chairman ATTEST: THE G By: By: ATTEST: By: DISTRICT P.O. Bok'243 Gypsum, CO 81637 WESTERN EAGLE COUNTY AMBULANCE DISTRICT By: P.O. Box 1077 Eagle, CO 81631 Chairman a P.O. Box 666 Eagle, CO 81631 ATTEST: TOWN OF MINTURN By: By: Clerk Mayor P.O. Box 309 Mintum, CO 81645 ATTEST: TOWN OF RED CLIFF By: By: Clerk Mayor P.O. Box 40 Red Cliff, CO 81649 ATTEST: By: ATTEST: By: THE GREATER EAGLE FIRE PROTECTION DISTRICT By: P.O. Box 666 Eagle, CO 81631 THE GYPSUM FIRE PROTECTION DISTRICT By: P.O. Box 243 Gypsum, CO 81637 ATTEST: WESTERN COUNTY AMBULANCE DISTRICT Chairman P.O. Box 1809 Eagle, CO 81631 4+ ATTEST: TOWN OF MINTURN By: By: Clerk Mayor P.O. Box 309 Minturn, CO 81645 ATTEST: TOWN OF RED CLIFF By: By: Clerk Mayor P.O. Box 40 Red Cliff, CO 81649 ATTEST: THE GREATER EAGLE FIRE PROTECTION DISTRICT By: By: Chairman P.O. Box 666 Eagle, CO 81631 ATTEST: THE GYPSUM FIRE PROTECTION DISTRICT By: By: Chairman P.O. Box 243 Gypsum, CO 81637 ATTEST: WESTERN EAGLE COUNTY AMBULANCE DISTRICT By: By: Chairman P.O. Box 1077 Eagle, CO 81631 ATTEST EAGLE COUNTY HEALTH SERVICE DISTRICT B y: Chairman P.O. Box 990 Edwards, CO 81632 4 HEART idthc .VALLEY;; r I C O L O R A D O MEMORANDUM TO: Bryan Treu, Asst. County Attorney, Eagle County FROM: Patty McKenny, Town Clerk, Avon V-11 Cc: Jeff Layman, Police Chief, Avon RE: Amendment to E911 IGA DATE: August 4, 2005 Post Office Box 975 400 Benchmark Road Avon, Colorado 81620 970-748-4000 970-949-9139 Fax 970-845-7708 TTY Please find enclosed the Amendment to E911 IGA with the Town of Avon signatures. Any further questions, please contact me at 748-4035. Thank you. Memorandum To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager From: Jeff Layman, Police Chief Date: July 20, 2005 Re: Amendment to E911 Intergovernmental Agreement Summary: The Eagle County 911 Authority Board has asked municipalities in the county to endorse their request to the PUC to increase their surcharge level supporting the system beyond seventy cents, as is allowed under CRS. The accompanying memo from Assistant County Attorney Brian Treu will give more detailed information. Background: Expenses for 911 services have increased dramatically over the past two years without any corresponding increase in revenue. Discussion: The authority has petitioned the PUC for the right to charge more for the services that they provide. One of those services supports the Vail Emergency Communications Center with funding to pay for the salaries and benefits of a designated number of dispatch personnel. It also pays for upgraded equipment and telephone and radio service. The enhanced infrastructure necessary to track 911 cellular telephone calls alone has increased costs from $6,300 per month to $14,700. Should this authority not be granted to the 911 board, it will have dramatic financial impacts on all government operations that rely on the communications center. Financial Implications: If the 911 Authority Board does not increase their surcharge rate for 2006 and make the commensurate contributions to the communications center, the Town of Avon will be faced with paying over $20,000 more in dispatch fees. This would represent an increase of almost 15% over 2005. With the 911 board contribution our fee will increase a more manageable 3.72%. Recommendation: Staff recommends that the Avon Town Council endorse the 911 Authority Board's request to amend the IGA. To comply with the Town Charter, a two-thirds majority vote is required for passage. Proposed Motion: "I move to endorse this second amendment to the existing E911 Intergovernmental Agreement." Town Manager Comments: OFFICE OFTHE COUNTY ATTORNEY (970) 328-8685 FAX: (970) 328-8699 www.eaglecounty.us EAGLE COUNTY July 15, 2005 Chief Jeff Layman Town of Avon P.O. Box 975 Avon, CO 81620 Re: Amendment to E911 IGA Dear Jeff. Enclosed is the IGA Amendment we discussed on the phone. As previously indicated, the 911 Authority Board has seen its expenses more than double in the last two years without a corresponding increase in revenue. Qwest has had to increase its infrastructure to accommodate enhanced 911 features and has passed these costs on to the local entities in the form of tariffs. These tariffs have resulted in Qwest charges to the Authority Board going from approximately $6,300/month in June 2002 to approximately $14,700/month currently. These increased costs are going to be long term and have precluded the Authority Board from meeting the operational costs of the 911 system in Eagle County at the current surcharge level of seventy cents. Section 29-11-102, C.R.S. provides the 911 Authority Board with the power to petition the PUC for an increase in the surcharge level beyond seventy cents and we have since done so. I am including a copy of our PUC application for your review. This application should further detail the shortfall currently facing the 911 system in Eagle County. However, the original IGA drafted in 1991 failed to recognize the statutory authority of §29-11-102 and artificially capped the surcharge rate at seventy cents. Accordingly, this IGA Amendment is intended to recognize the same powers of the 911 Authority Board as those given to it by statute. Additionally, the IGA Amendment is allowing more at-large selections for members to the 911 Authority Board as we are finding it difficult to fill vacant positions under the current membership limitations. Pending PUC approval, it is the desire of the 911 Authority Board to implement the requested surcharge change for calendar year 2006 which would require establishment of the new rate by the Board of County Commissioners no later than September 1, 2005. Accordingly, I would ask that you have the attached IGA Amendment adopted by your Board prior to that time. Please do not hesitate to contact me if there is anything I can do to expedite the approval process on your end. Eagle County Building, 500 Broadway, P.O. Box 850, Eagle, Colorado 8 1 63 1-0850 Thanks you for your efforts to date. Sincerely, Bryan . reu Ass,istant County Attorney cc: 911 Authority Board SECOND AMENDMENT TO THE INTERGOVERNMENTAL AGREEMENT CONCERNING THE IMPLEMENTATION OF AN "E911" TELEPHONE SERVICE THIS Second Amendment to the Intergovernmental Agreement Concerning the Implementation of an E911 Telephone Service ("Second Amendment") is made and entered into this _ day of , 2005 by and between the following parties ("Parties"): 1) Board of County Commissioners, County of Eagle, State of Colorado; 2) The Town of Vail, a municipal corporation; 3) The Town of Avon, a municipal corporation; 4) The Town of Eagle, a municipal corporation; 5) The Town of Gypsum, a municipal corporation; 6) The Town of Mintum, a municipal corporation; 7) The Town of Red Cliff, a municipal corporation; 8) The Greater Eagle Fire Protection District, a quasi-municipal corporation; 9) The Gypsum Fire Protection District, a quasi-municipal corporation; 10) Western Eagle County Ambulance District, a quasi-municipal corporation; 11) Eagle County Health Service District, a quasi-municipal corporation fVa The Eagle County Emergency Services Hospital District and the Eagle County Ambulance Service; WHEREAS, the Parties entered into an Intergovernmental Agreement Concerning the Implementation of an E911 Telephone Service on January 14, 1991 ("Original IGA") to establish the Emergency Telephone. Service Authority. WHEREAS, the Emergency Telephone Service Authority ("Authority Board") is a five (5) member board appointed by the Board of County Commissioners and charged with the oversight and funding of Eagle County's 911 system. WHEREAS, the original IGA contained a provision requiring that two (2) members of the Authority Board be appointed from west of Wolcott, two (2) members be appointed from east of Wolcott and one (1) member be appointed at-large. WHEREAS, the Authority Board desires more at-large appointments to create a broader applicant pool for future open Director positions and to ensure qualified membership on its current Board. A WHEREAS, the Original IGA contained a provision limiting the collection of an emergency telephone charge to an amount not to exceed seventy cents ($.70) per month despite the statutory authorization of a higher amount pending Public Utilities Commission approval as set forth in C.R.S. §29-11-102(2)(b). WHEREAS, the Authority Board desires that the Original IGA be amended to include the same statutorily authorized collection amounts as set forth in C.R.S. §29-11-102. WHEREAS, the Parties desire to amend the Original IGA to include the changes set forth below. In consideration of the mutual covenants set forth in the Original IGA and the additional covenants set forth hereunder, the sufficiency of which is hereby acknowledged, the Parties agree that this Second Amendment shall replace and supersede those sections of the Original IGA as stated hereunder. ARTICLE 3.1, EMERGENCY TELEPHONE SERVICE AUTHORITY BOARD, shall be deleted in its entirety and replaced with the following: "ARTICLE 3.1- EMERGENCY TELEPHONE SER VICE A UTHORITY BOARD The Board of Directors of the Authority ("Authority Board") shall consist of five (5) members who shall be appointed by, and serve at the pleasure of, the Board of County Commissioners. One member shall be appointed from east of Wolcott, one member from west of Wolcott, and three members shall be appointed at-large." ARTICLE 5.3, POWERS OF THE AUTHORITY, shall be deleted in its entirety and replaced with the following: "ARTICLE 5.3 - POWERS OF THE A UTHORITY Collect an emergency telephone charge in those portions of the service area for which emergency telephone service is to be provided as statutorily authorized by C.R.S. §29-11-102 or other future applicable statutory provision." The Parties agree that, except as expressly altered, modified and changed in this Second Amendment, all terms and provisions of the Original IGA shall remain in full force and effect, and hereby are ratified and confirmed in all respects as of the date hereof. If any conflict exists between the provisions of this Second Amendment and the Original IGA, the provisions of this Second Amendment shall control. IN WITNESS WHEREOF, the parties have executed this Second Amendment effective on the day and year first above written. Irb ATTEST: By: Teak J. Simonton Clerk to the Board of County Commissioners ATTEST: By: Clerk A By; ATTEST: By: Clerk ATTEST: By: Clerk COUNTY OF EAGLE, STATE OF COLORADO By and Through its Board of County Commissioners By: Am Menconi, Chairman P.O. Box 850 Eagle, CO 81631 TOWN OF VAIL By: Mayor 75 South Frontage Road Vail, CO 81657 TOWN OF AVON By: May P.O. Box 975 Avon, CO 81620 TOWN OF EAGLE By: Mayor P.O. Box 609 Eagle, CO 81631 TOWN OF GYPSUM By: Mayor P.O. Box 237 Gypsum, CO 81637 3 ~9 ATTEST: TOWN OF MINTURN By: By: Clerk Mayor P.O. Box 309 Minturn, CO 81645 ATTEST: TOWN OF RED CLIFF By: By: Clerk Mayor P.O. Box 40 Red Cliff, CO 81649 ATTEST: THE GREATER EAGLE FIRE PROTECTION DISTRICT By: By: Chairman P.O. Box 666 Eagle, CO 81631 ATTEST: THE GYPSUM FIRE PROTECTION DISTRICT By: By: Chairman P.O. Box 243 Gypsum, CO 81637 ATTEST: WESTERN EAGLE COUNTY AMBULANCE DISTRICT By: By: Chairman P.O. Box 1077 Eagle, CO 81631 4 ATTEST: EAGLE COUNTY HEALTH SERVICE DISTRICT By: By: P.O. Box 990 Edwards, CO 81632 Chairman S BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF COLORADO IN THE MATTER OF THE APPLICATION ) OF THE EAGLE COUNTY E-911 ) EMERGENCY TELEPHONE SERVICE ) AU'T'HORITY BOARD, c/o EAGLE COUNTY ) ATTORNEY'S OFFICE, PO BOX 850 ) EAGLE, COLORADO 81631, ) FOR AUTHORITY TO INCREASE THE ) EMERGENCY TELEPHONE CHARGE ) Applicant states: APPLICATION NO. Please consider this Application with attachments as application by the Eagle County Emergency Telephone Service Authority Board ("Authority Board") to increase the emergency telephone charge to $1.25 per month pursuant to C.R.S. §29-11-102(2)(b). The Authority Board is chosen by the Board of County Commissioners and is charged with maintaining the 9-1-1 system throughout Eagle County. See Exhibit 1 attached hereto. The Authority Board and the local governing body have determined that an increase in the emergency telephone charge is necessary to provide adequate emergency telephone service to the residents of Eagle County.' The following exhibits are attached. 1. Original Intergovernmental Agreement creating the Authority Board and Concerning the implementation of an "E911 " Telephone Service. 2. Resolution Establishing the Rate of Charge for Emergency Telephone Service for Calendar Year 2005. 3. Notice of Emergency Telephone Charge proposed increase published June 9 and 17th in The Eagle Valle Enterprise, a weekly newspaper of general circulation duly qualified for publishing legal notices pursuant to the laws of the State of Colorado. 4. Summit Daily News Article on Voice Over Internet Protocol. 1 The original 1991 Intergovernmental Agreement provided in Article 5.3 that the emergency telephone charge would not exceed $0.70. The Authority Board, County Commissioners, Town of Vail, and other members of the original IGA support the increase of the emergency telephone charge and an amendment to the original IGA authorizing the proposed increase will be circulated and adopted prior to the implementation of said increase. `1 5. E911 Financial and Budget Information for Fiscal Year 2005. 6. 2005 Telecommunication Cost of the Vail Public Safety Communications Center. 7. Projected 2006 Authority Board budget based on proposed increase. Over the past several years, the Authority Board has worked cooperatively with the Town of Vail and the Eagle County Commissioners to substantially upgrade 911 services. The Authority Board has been active in bringing to Eagle County such items as Reverse 9-1-1, EAS and achieving Phase II compliance (9-1-1 cell phone number and location identification) ahead of federally mandated schedule. From 1991 to 2003, the emergency telephone charge in Eagle County had been in the minimal amount of $.55 per month per service subscriber. Due to increased costs associated with requisite upgrades in equipment and staffing, ongoing maintenance, and Qwest imposed tariffs, the emergency telephone charge in Eagle County was raised to $.70 cents per month per service subscriber in 2003 and remains at this level currently. See Exhibit 2 attached hereto. There is one PSAP in Eagle County, the Vail Public Safety Communications Center ("Dispatch Center"), which is operated by the Town of Vail Police Department. This one PSAP receives and routes all 911 calls for Eagle County. Additionally, this PSAP dispatches for the Vail Police Department, the Avon Police Department, the Eagle Police Department, the Minturn Police Department, the Eagle County Sheriffs Department, Eagle County Animal Control, Vail and Beaver Creek Resort Security, Vail Mountain Rescue, four local fire departments and districts, and two ambulance districts. The PSAP is staffed with 22 full and part time employees which are broken into the following categories: sixteen dispatchers of which one serves as the 911 Coordinator, four supervisors, one Communication Center Manager and one 911 Systems Engineer. 2 ~O Of these staffing positions, the Authority Board funds five dispatcher positions and one supervisor position. Historically, the Authority Board has also funded the Systems Engineer posiiion and partially funded the 911 Coordinator position, but has stopped funding these positions due to revenue shortfall as more particularly described below. Eagle County lies along the I-70 corridor from the top of Vail Pass to the entrance of Glenwood Canyon and covers 1,694 square miles. The County contains the Towns of Avon,. Basalt, Eagle, Gypsum, Minturn, Red Cliff and Vail. According to the most recent data available, Eagle County's total population is 46,927, with approximately fifty percent (50%) of the population residing in the incorporated municipalities and the other fifty percent (50%) of the population residing in unincorporated Eagle County. Eagle County is one of the fastest growing counties in the State. From 1970 to 2000 Eagle County grew by 34,214 people, a 445% increase in population. Eagle County houses a regional airport serviced by six major airlines with non- stop flights from 13 major U.S. cities. The Eagle County Regional Airport transports over 325,000 passengers a year. More than 82 percent of Eagle County's land is public comprised of National Forests, wilderness areas, Bureau of Land Management properties, and state and local public lands. A portion of the White River National Forest is in Eagle County as well as the Sylvan Lake State Park recreation area. Eagle County is home to 3 ski areas, Vail, Beaver Creek and Arrowhead, covering 6,914 skiable acres. The physical attributes of Eagle County make it a favorite spot for such outdoor activities as skiing, rock climbing, rafting, and biking. However, these same attributes present Eagle County with several unique challenges associated with the provision and coordination of emergency services. J These challenges have necessitated the need for an upgraded and enhanced emergency telephone service. The upgrades, coupled with increasing costs, have precluded the Authority Board from funding requisite improvements and services at the current surcharge level necessitating the need for thin proposed increase. In December 2003, the Authority Board funded a $279,517.00 upgrade to the County's 911 systems to bring enhanced features to wireless callers. Currently over 65% of the 9-1-1 calls received by the Dispatch Center are from wireless callers. It is believed that this number will approach 85% within the next 3-5 years. The upgrade allows for these wireless callers to display automatic caller location or identification information that will lead to increased response efficiency. The upgrade was vital in the mountainous terrain of Eagle County and brought the County's system into Phase II compliance as required by law. However, this capital improvement significantly depleted the Authority Board's reserves and created ongoing maintenance and upgrade costs to this system. Additionally, the Authority Board has seen its expenses approximately double in the last two years without a corresponding increase in revenue. The Qwest charges to the Authority Board have gone from approximately $6,300/month in June 2002 to approximately $14,700/month currently. This is a statewide phenomenon resulting from the imposition of tariffs necessary to increase Qwest's infrastructure to accommodate a statewide conversion to Phase II compliance. These increased costs appear to be long term and have precluded the Authority Board from meeting its operational costs at the current surcharge level. 4 ~a Also, Eagle County currently is experiencing a line count discrepancy of approximating 30,000 lines. Qwest is charging the Authority Board for 91,000 land and wireless lines!while the Authority Board is only collecting revenue from approximately 64,000 land and wireless lines. The Authority Board has been working diligently to determine the cause of such discrepancy and has hired an outside consultant, 911 Solutions, to help reconcile any such discrepancies. The Authority Board will be formally asking the PUC to review this matter as well in the near future. The current line count charges have resulted in costs that are not being offset by a corresponding revenue source. Finally, the use of computers to access telephone and 911 services without associated fees, Voice Over Internet Protocol or VOID, is becoming a revenue concern for the Authority Board as well. The amount such technology has or will cut into the Authority Board's collections is not capable of precise quantification at this time, but the effects are already being felt throughout the State. See Exhibit 4 attached hereto. VOIP technology has been implemented in areas of Eagle County and should continue to gain prominence. Until such time as these technologies are regulated, their increased use will circumvent the 911 surcharge collections and will have a further negative impact on the Authority Board's budget. The above causes of revenue shortfall are reflected in the Authority Board's 2005 budget and financial information, attached as Exhibit 5, and further identify the need for increased surcharge revenue. Based on the most recent line counts for Eagle County, the estimated revenue generated from the current surcharge of $0.70 per month per service customer would be approximately $545,000.00. The current costs for the Authority 5 include $345,660.00 to fund the salary and benefits for one supervisor and five dispatchers, $213,000.00 to pay Qwest charges, and $3,000.00 to pay CenturyTel charges. The total costs of $561,660.00 will exceed the revenues by over $16,000.00. This shortfall Aril] necessitate a further reduction in the 911 reserve account which c-rently stands at $134,705; dangerously low to adequately address emergency repairs or technology upgrades that may be required by the 911 system. The $16,000.00 shortfall does not account for the significant expenses borne by the Dispatch Center and user agencies because of the Authority Board's financial inability to fund said costs. As shown in Exhibit 5, the Authority had no alternative but to decline funding requests in 2005 from the Dispatch Center for its Systems Engineer position in the amount of $86,142.00, Positron 911 equipment maintenance in the amount of $14,650.00, and the recording media maintenance in the amount of $13,200.00. Additionally, the Authority Board had to decline similar requests in 2004 totaling approximately $145,000.00. The non-funded amounts shown on Exhibit 5 do not include other upgrades, training, and educational advertising costs borne by the Dispatch Center. Exhibit 6, attached hereto, shows the costs and revenues specific to the Dispatch Center for 2005. These are costs necessary for the ongoing functionality of Eagle County's 911 system and include such items as salaries, equipment maintenance, training, language line services, and educational advertising. The total for these requisite expenditures will be $557,423.00. The Authority Board was only able to offset these expenditures by $345,660.00 leaving a financial shortfall to the Dispatch Center in the amount of $211,763.00. This shortfall was covered from the Town of Vail and user agencies, but is more appropriate for payment from 911 surcharge funds. 6 \k` Exhibit 7, attached hereto, shows the projected 2006 budget for the Authority Board based on the requested surcharge increase of $1.25 per month per service customer and the anticipAted line counts for 2006. The estimated revenue generated from such increase would be $1,097,200.00 for the year. Estimated costs for Qwest and other telephone charges, staffing and training, maintenance and repair, public education, and operating expenses total $947,063.00. Additionally, it is anticipated that the Authority will fund needed capital improvement projects in 2006 in the amount of $67,352.00 for a total cost to the Authority of $1,014,415.00. The excess $82,785.00 in revenue will go toward rebuilding the 911 reserve fund balance in order to better meet unexpected expenditures, upgrades in technology and other future improvements that may enhance the 911 system and the safety of the citizens of Eagle County. The proposed increase will provide the Authority Board with flexibility in implementing a surcharge at a level necessary to meet its needs. WHEREFORE, the Authority Board respectfully requests the Commission to enter an Order authorizing the Authority Board and the Eagle County Commissioners to increase the emergency telephone charge to $1.25 per line. Such an amount is in line with increases from other Authority Boards facing similar revenue shortfalls. Dated this day of June, 2005. Eagle County Emergency Telephone Service Authority Board Bryan R. Treu, Counsel for Applicant Eagle County Attorney's Office 500 Broadway PO Box 850 Eagle, Colorado 81631 Tel: (970) 328-8685 Fax: (970) 328-8699 Email: brvan.treu(a-,,easlecountv.us \6 EAGLE COUNT' INTERGOVERNMENTAL AGREEMENT CONCERNING THE IMPLEMENTATION OF AN "E911" TELEPHONE SERVICE This Intergovernmental Agreement for "E911" Telephone Service ("Agreement") is made this _f~d-l~ day of January, 1991, by and between the following parties (hereafter referred to collectively as "Parties"): 1. Board of County Commissioners; County of Eagle, State of Colorado ("Board of County Commissioners"); 2. The Town of Avon, a municipal corporation ("Avon"); 3. The Town of Eagle, a municipal corporation ("Eagle"); 4. The Town of Gypsum, a municipal corporation ("Gypsum"); 5. The Town of Minturn, a municipal. corporation ("Minturn"); 6. The Town of Red Cliff, a municipal corporation ("Red Cliff"); 7. The Town of Vail, a municipal corporation ("Vail"); 8. The Eagle County Emergency Services Hospital District (a/k/a Eagle County. Ambulance Service), a quasi-municipal corporation ("ECESHD"); 9. The Greater Eagle Fire Protection District, a quasi-municipal corporation ("EFPD"); 10. The Gypsum Fire Protection District, a quasi-municipal corporation ("GFPD"); and 7 i . Western Eagle County Ambulance District, a quasi-municipal corporation ("WECAD"). WITNESSETH: WHEREAS, pursuant to Article 11 of Title 29 of the Colorado Revised Statutes (hereinafter the "Act") the Parties hereto are delegated the power to enter into inter- governmental agreements of th;6 type for the purpose of providing emergency telephone service; and WHEREAS, the Act encourages and authorizes agreements of this nature; and EXHIBIT N d D A 1~ . WHEREAS, it would serve the public welfare and be in the best interest of the Parties to participate in the organization, administration and common use of a central emergency telephone service authority; and WHEREAS, the Parties desire to enter into this Agreement for the following purposes: (1) fd establish a separate legal entity to be known as the "Emergency Telephone Service Authority" which shall be responsible for administering the operation of the emergency telephone service program; and (2) to define the manner in which each of the Parties will participate in. the Emergency Telephone Service Authority; and WHEREAS, this Agreement supersedes a similar agreement dated June 28, 1988. NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the Particc agree as follows; I. DEFINITIONS The definitions for the terms "emergency telephone charge", "emergency telephone service", "equipment supplier", "exchange access facilities", "governing body", "person", "public agency", "service supplier", "service user" and "tariff rates" as used in this Agreement shall be the same as the definitions set forth in the Act. II. GENERAL PROVISIONS 2.1 Pursuant to the Act, the Parties hereby establish a separate legal entity to be known as the "Emergency Telephone Service Authority" (hereinafter referred to as the "Authority") which shall be responsible for administering the operation of the emergency telephone service program as set forth herein. 2.2 The Parties agree that, contemporaneously herewith, they will, by resolution or ordinance, constitute, authorize and empower the Authority, as a separate entity with full powers to enter into contracts, to sue, and otherwise do all things necessary to carry out the duties delegated herein. 2.3 The area to which emergency telephone services shall be supplied and the area within which service users shall be surcharged, all as provided herein, shall be Eagle County as that jurisdiction is defined by Colorado law. Ill. EMERGENCY TELEPHONE SERVICE AUTHORITY BOARD 3.1 The Board of Directors of the Authority ("Authority Board") shall consist of five (5) members who shall be appointed by, and serve at the pleasure of, the Board of County Commissioners. Two members shall be appointed from east of Wolcott, two members from west of Wolcott, and one member shall be appointed "at large." At such time as the Basalt/El Jebel area joins into the Eagle County E911 system, the fifth member of the Authority Board shall be appointed from that area. -2- \11\ 3.2 The Board of County Commissioners shall appoint a President and Secretary of the Authority Board from among the members of the Authority Board. 3.3 The initial terms of two directors shall be three years each, two directors shall be for terms of two years each, and the fifth director shall be appointed for a term of one year. In the initial appointments, the Board of County Commissioners shall designate. the length of the respective terms of each member. Thereafter, the terms of all members shall be two years. All directors are eligible for reappointment. 3.4 Tlh- e Board of County Commissioners may remove a director, from office for cause at any time. Alternate members may be appointed to serve as a member of the Authority Board in the absence of any member in the manner as set forth herein. IV. RULES AND REGULATIONS The Authority Board may adopt bylaws and/or supplementary rules and regulations as it deems necessary, provided that said bylaws and/or supplementary rules and regulations are in compliance with the Act, this Agreement and Colorado law. V. POWERS OF THE AUTHORITY The Authority shall be empowered and authorized to: 5.1 Contract for the installation and operation of an emergency telephone service. 5.2 Pay for such equipment, software, installation of equipment and software, and related services by way of lease, purchase or lease-purchase. 5.3 Collect an emergency telephone charge as provided by the Act in an amount not to exceed seventy cents ($.70) per month in those portions of the service area for which emergency telephone service is to be provided. 5.4 The Authority's funds shall be spent solely to pay for (whether by lease, purchase, or lease-purchase) direct and incidental costs associated with the acquisition of equipment and software, and the installation thereof, as well as the direct and incidental costs of operating an emergency telephone service, including the monthly recurring charges billed by the service supplier; and for such other expenses reasonably necessary to enable the Authority to discharge its duties hereunder. 5.5 In addition, the Authority may do any other act as may be necessary for the provision of emergency telephone service, including, but not limited to, contracting with equipment vendors and service suppliers for the purpose of obtaining the benefit of technological developments which the Authority deems necessary to improve or enhance the quality and efficiency of service to be provided hereunder. -3- \110 5.6 No act; or course of action shall be undertaken by the Authority or in the name of the Authority unless the same is first duly authorized by a majority vote of the Authority Board at any meeting, upon due notice first given, at which a quorum is present of a majority of the members of the Authority Board then holding office, or as permitted by law. VI. BUCuET AND OPERATING COSTS 6.1 The Authority shall adopt an annual budget for the costs of equipment, operation and maintenance of providing emergency telephone service. The budget shall be submitted to the Board of County Commissioners for review and approval. 6.2 Unless agreed to by a majority of the Parties or as provided in paragraph 6.3 herein, the annual budget of the Authority for administrative expenses shall not exceed Two Thousand Dollars ($2,000), plus the costs of an annual audit and insurance. 6.3 Each year in which the Authority believes funds for administrative costs in excess of $2000 are necessary, it shall prepare and submit a budget request to the Board of County Commissioners by July 15 of the year prior to when the funds are necessary. The Board of County Commissioners shall consider funding the budget request in the County's annual appropriation. VII. FUNDS AND OPERATIONS 7.1 The uniform charge per exchange access facility shall be collected by the service supplier and delivered to the Authority. The Parties hereto shall have no obligation to collect this uniform charge. 7.2 The funds of the Authority shall be maintained in one or more accounts in accordance with Colorado law and shall not be commingled with the funds of any of the Parties. Any funds remaining in the accounts at year end shall be carried over to the next succeeding year. 7.3 The Authority's funds shall be used for the purposes set forth herein including, but not limited to, the payment of administrative, operating and maintenance costs, and amounts due to any lender or lessor for any sums advanced, plus interest or other charges. No disbursement shall be made from the funds of the Authority except by check and unless a bill for goods or services actually rendered or delivered has been first submitted and approved for payment by the Authority, said approval being evidenced by a writing signed by the President and Secretary of the Authority Board. 7.4 Except for any loan, lease or contract expressly approved by the Board of County Commissioners, the Authority shall not borrow money, enter into any lease agreement or execute any contract having a price or value in excess of $10,000. Further, the Authority shall not approve any claims or incur any obligations for expenditures unless there is sufficient unencumbered cash, credited to the Authority, with which to pay the same. -4- f~ 7.5 The Authority may invest its funds only in accordance with any applicable laws of the State of Colorado governing the investment of public funds. 7.6 No Party to this Agreement shall have any liability to pay for any debt or other obligation incurred by the Authority unless there is a specific undertaking by each party to do so, accompanied by an appropriation approved with the requisite formalities. 7.7 Nothing herein prevents the Authority from returning any surplus operating revenues provided by the Parties hereto for the operation of this emergency telephone ser,tice to the respective Parties hereto in the same proportion that said Parties originally contributed funds for operation pursuant to paragraph 7.6 hereof. VIII. BOOKS AND RECORDS 8.1 The Authority shall maintain adequate and correct accounts of its funds, properties and business transactions, which accounts shall be open to inspection at any reasonable time by the Parties hereto, their accountants or their agents, as well as the general public. The Authority shall cause to be conducted an annual audit, which audit shall be conducted by an independent certified public accountant licensed by the State of Colorado. The Authority shall file a copy of said audit with each of the Parties. 8.2 A written record of all proceedings of the Authority Board as well as of action taken shall be maintained and such records shall be open to inspection at all reasonable times. 8.3 Within ninety days after the end of each calendar year, the Authority shall prepare and present to the Parties a comprehensive annual report of the Authority's activities and finances during the preceding year. 8.4 The Authority shall also prepare and present such reports as may be required by law, regulation or contract to any governmental agency. 8.5 The Authority shall also render to the Parties hereto, at reasonable intervals, such reports and accounting as the Parties hereto may from time to time request. IX. TERMINATION OF AGREEMENT 9.1 This Agreement shall be in full force and effect upon the execution of the Agreement by the Parties in accordance with paragraph 12.2 hereof, and shall continue in full force and effect, subject to amendments, until terminated by a majority of the then Parties. 9.2 Any Party's participation in this Agreement may be terminated by written notice from such Party to the Authority Board at least 180 days prior to January 1 of any given year. Termination of any Party's participation in this Agreement shall terminate all unaccrued obligations of the terminating party unless such Party has agreed to be liable for a debt of the Authority pursuant to the provisions of paragraph 7.6 herein. -5- 1-0 9.3 Upon termination by a majority of the Parties to this Agreement, the powers granted to the Authiority under this Agreement shall continue to the extent necessary to make an. effective disposition of the Authority and its property, duties and obligations. 9.4 Upon termination of this Agreement, the property of the Authority shall be transferred to the County of Eagle, State of Colorado. X. AMENDMENT 10.1 This Agreement may be amended by a majority of the then Parties from time to time, in writing and executed by those Parties. 10.2 Additional parties may be added to this Agreement at any time upon delivery of an appropriate resolution or ordinance directing same, and upon execution of this Agreement and any amendment in existence at the time. XI. LIABILITY OF AUTHORITY BOARD, AND ITS OFFICERS AND EMPLOYEES; INSURANCE 11.1 The members of the Authority Board and its officers and employees shall not be personally liable for any acts performed or omitted in good faith during the scope of their duties pursuant to this Agreement. 11.2 The Authority shall obtain insurance for the members of the Authority Board and the Authority against claims which may be brought against them. 11.3 The Authority may obtain a bond or other security to guarantee the faithful performance of the duties of the members of the Authority Board. XII. MISCELLANEOUS 12. In case any one or more of the provisions contained in this Agreement shall be for any reason held invalid, illegal or unenforceable in any respect, such invalidity or unenforcibility shall not affect the other provisions hereof, and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been a part hereof. 12.2 This Agreement may be executed in counterparts. Execution of this Agreement by fewer than all parties shall cause the Agreement to be effective between those parties. 12.3 Notice hereunder shall be given by United States mail to the address of the entity as set forth herein, said notice being deemed received three days after mailing. 12.4 This Agreement shall be construed pursuant to Colorado law. -6- IN WITNESS WHEREOF, the Parties hereto have caused their respective names and seals to be affixed hereto, as of the day and year herein above set forth. OZ~ COUNTY OF EAGLE, STATE OF a COLORADO. By and Through Its BOARD OF COUNTY COMMISSIONERS B . r By: Jerk to the Board of Geo e A. Gates, Chairman County Commissioners P.O. Box 850 Eagle. CO 81631 ATTEST: TOWN OF AVON BY: Clerk ATTEST: BY: Clerk ATTEST. BY: Clerk By: P.O. Box 975 Avon. CO 81620 TOWN OF EAGLE By: P.O. Box 609 Eagle, CO 81631 Mayor Mayor TOWN OF GYPSUM By: P.O. Box 237 Gypsum. CO 81637 -7- Mayor ak GREATER EAGLE FIRE PROTECTION ATTEST: DISTRICT BY( By: ?Ed4nllz~, Chairman P.O. Box 666 Eagle. CO 81631 ATTEST: BY ATTEST: BY GYPSUM FIRE PROTECTION DISTRICT By: P.O. Box 243 Gypsum, CO 81637 Chairman WESTERN EAGLE COUNTY AMBULANCE DISTRICT By: P.O. Box 1077 Eagle, CO 81631 -9- Chairman ll?~ IN WITNESS WHEREOF, the Parties hereto have caused their respective names and seals to be affixed hereto, as of the day and year herein above set forth. COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its ATTEST: BOARD OF COUNTY COMMISSIONERS By: Clerk to the Board of County Commissioners A77EST: By: Donald H. Welch, Chairman P.O. Box 850 Eagle. CO 81631 TOWN OF AVON By: a V"' 'n " Mayor P. . Box 975 A on. CO 81620 ATTEST: TOWN OF EAGLE BY: By: Clerk P.O. Box 609 Eagle. CO 81631 ATTEST: TOWN OF GYPSUM BY Clerk By: Mayor P.O. Box 237 Gvosum. CO 81637 -7- Mayor 1~ IN WITNESS WHEREOF, the Parties hereto have caused their respective names and seals to be affixed hereto, as of the day and year herein above set forth. ATTEST: By Clerk to the Board of County Commissioners COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS By: Donald H. Welch, Chairman P.O. Box 850 Eagle, CO 81631 ATTEST: BY: Clerk ATTEST: BY Clerk ATTEST: TOWN OF AVON By: P.O. Box 975 Avon. CO 81620 Mayor TOWN OF EAGLE By: P.O. Box 609 Eagle, CO 81631 Mayor TOWN OF GYPSUM BY`-~ Clerk Mayor P.O. Box 237 Gypsum. CO 81637 -7- 1-6 Es "TOWN v"F MIN'TURN / l /1 y1 Mayor P O Box -'09 1~.kntorr -CC S 1645 TOWN `,I: J;e►K Mayor RCd tt CO S' 640 :~it?ri< - Mayor S Pror+.tac,; Road WPs' :AGE= 0,: Er-A _N` _NCY S,=HV(CES U, v: Chairman P.,-" 1f,'3 M I NTUP.' PC-LICE DEP? " LV ATTEST: BY: Clerk ATTEST: ..TOWN OF MINTURN By: P.O. Box 309 Minturn. CO 81645 Mayor TOWN OF RED CLIFF BY: By: Clerk ATTEST: Mayor P.O. Box 109 Red Cliff, CO 81649 TOWN OF VAIL BY:_ By: Clerk Mayor 75 S. Frontage Road West Vail. CO 81658 ATTEST: BY: EAGLE COUNTY EMERGENCY SERVICES HOSPITAL DISTRICT By: Chairman P.O. Box 1637 Vail. CO 81658 -8- Miciya r Li!/ I ATTEST: TOWN OF MINTURN BY: By: Clerk Mayor P.O. Box 309 Minturn, CO 81645 ATTEST: TOWN OF RED CLIFF BY: By: Clerk Mayor P.O. Box 109 Red Cliff, CO 81649 ATTEST: TOWN OF VAIL BY: ( mdVty A, hf(,~./'uJ By: i Clerk Mayor 75 S. Frontage Road West Vail. CO 81658 EAGLE COUNTY EMERGENCY SERVICES HOSPITAL DISTRICT ATTEST: BY: By: Chairman P.O. Box 1637 Vail, CO 81658 -8- GREATER EAGLE FIRE PROTECTION ATTEST: DISTRICT BY: By: Chairman P.O. Box 666 Eagle. CO 81631 ATTEST: GYPSUM FIRE PROTECTION DISTRICT BY: By: D,2s, Chairman P.O. Box. 243 Gypsum. CO 81637 WESTERN EAGLE COUNTY AMBULANCE. ATTEST: DISTRICT BY: By: Chairman P.O. Box 1077 Eagle. CO 81631 -9- I0 GREATER EAGLE FIRE PROTECTION A -TEST: DISTRICT BY: By: Chairman P.O. Box 666 Eagle. CO 8'1631 ATTEST: GYPSUM FIRE PROTECTION DISTRICT BY: By: Chairman P.O. Box 243 Gypsum. CO 81637 WESTERN EAGLE COUNTY AMBULANCE ATTEST: DISTRICT By: Chairman P.O. Box 1077 Eagle, CO 81631 -9- 1~` Commissioner moved adoption of the following Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 2004 - L51'F3 ESTABLISHING THE RATE OF CHARGE FOR EMERGENCY TELEPHONE SERVICE WHEREAS, C.R.S. 29-11-101, et seq., provides that the County may incur any equipment, installation, and other directly related costs for the continued operation of an emergency telephone service, and may pay such costs by imposing an emergency telephone charge for such service; and WHEREAS, by Resolution No. 91-9, the Board of County Commissioners of Eagle County, Colorado ('Board"), approved an intergovermnental agreement establishing the Eagle County Emergency Telephone Service Authority, and assessing a charge of $.55 per month against each service user, excepting any state or local government entity; and WHEREAS, by Resolution 2003-102, the Board established the rate of charge for emergency telephone service at $.70 per month per service customer for 2004, excepting any state or local government entity rate; and WHEREAS, C.R.S. 29-11-103(3) directs the Board to establish a rate of charge at least once per calendar year by September 1 for the next fiscal year; and WHEREAS, the allowable collection rate is $.70 per month per service customer as authorized by C.R.S. §29-11-102(2)(a); and WHEREAS, the Emergency Telephone Service Authority Board recommends that the charge be maintained at $.70 be per month per service customer in order to produce sufficient revenues to fund the expenditures necessary for the protection and preservation of the public health; and NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO: THAT, the Board finds it is appropriate to maintain a charge of $.70 per month per exchange access facility or per wireless communications access as those terms are defined in C.R.S. §29-11-101(3) and (13) for 2005, excepting any state or local government entity. THAT, telephone (land line and wireless) service suppliers providing telephone service in Eagle County are hereby required to collect an emergency telephone charge, in accordance' with EXHIBIT d 9 C.R.S. 29-11-101, et seq., in the amount of Seventy Cents ($.70) per month, upon all telephone access facilities within,Eagle County (except as are already assessed a charge for participation in the Aspen/Pitkin County E-911). Such charge shall not be imposed upon any state or local governmental entity,. THAT, notice of such charge shall be given to telephone service suppliers by registered mail in accordance with C.R.S. 29-11-103(3). THAT, the Board hereby finds, determines and declares that this Resolution is necessary for the health, safety and welfare of the citizens of Eagle County. MOVED, READ AND ADOPTED by the Board of County Commissioners of the Cou y of Eagle, State of Colorado, at its regular meeting held the day of 2004. EAGLE COUNTY, COLORADO., by and through its ATTEST: BOARD OF COUNTY COMMISSIONERS 3y 0 , t ' tyf 2 By: r ~yl; Clerk to the Boar of Tom C. tone County CommissionersChairmarf\ A L. Gallagher sioner Arn`N4. Menconi Commissioner Commissioner 4. / seconded adoption of the foregoing resolution. The roll having been called, the vote s as follows: Commissioner Tom C. Stone Commissioner Michael L. Gallagher Commissioner Am Menconi This Resolution passed by the County of Eagle, State of Colorado. G:%bryW9- IA lcharge2004. wpd #90-50 vote of the Board of County Commissioners of 1~ - .-vm -mms:4 =gym'=yv~ v'~o`~.~~c,~m°'m^ ma.c c m _ mo =O a ~ V C m mmm ~ °.J ao~ mpm._c o oT o~ 4 ~ ~a.:.W~°'~ mmc E`oi ->m-U m~_m•oDa o~co-mcm`c~Q-~m~' cL~ m n o ~ ~N.. m m C~ yQ m N Z N UE-;~ O.C C mS~ T mr~ H N C '2.'~Y'Ctm3.m0 NNC ~'N -mpr n mL m~II L 7q T 0- CLaO~CmLm OTC m`.~- _L_OU_TO 'Jri~ O p (p q. ..Cw7 am or. R.O.9~' tcmcnv>mc ;cm NC"movo c c~~ c W C7 _m mmrmL._ -m m e m m w. 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'O U cOa w 1.4 73 u O cd O ; U xy -o.o w ❑ -o cr, U y tn 0 N A d ~D v ti b b CL M ow 3 cz w 0 cn cl 3 N U .O 71 O O N ti 0 O b a cc a~ O G IH w 0 a~ V 3 a O N O a0 c~ O b CI O O U w O au W w O O 0 U U w .ti a U 75 a 0 G O 0 0 3 b G ^O^ U 0 0 N C w O 0 N VVV v LISIHX3 O O N r•i v a~ O z w a O cn 0 U • a• g • . U o~ •,Ev tmmit Daily News for Breckenridge, Keystone, Copper and Frisco Col... http://www.summitdaily.com/apps/pbcs.dll/article?AID=/20050404/N... ,r N-E, S E911 budget dwindling due to VOIP, cell phones JENNIFER HUFFMAN summit daily news April 4, 2005 l3h~, & Print r-77< Email BRECKENRIDGE - Cell phones and other technologies may be a benefit to their users, but they could be forcing Summit County's E911 budget into the red. Qwest Communications collects a 70 cents a month 911 charge on telephone bills to help fund the county's emergency 911 dispatch center. The trouble is that people are dropping Qwest land lines for cell phones and intemet phone calls. The Summit County Communications Center's (SCCC) E911 budget of about $1.7 million relies on.about $300,000 in 911 phone bill charges. Christine Benson, director of the Summit County Communications Center, sees funding problems looming with the loss of the 911 charges consumers pay on their land line bills. Summit Daily/Brad Odekirk Cutting into collections are cell phones, voice over intemet protocol (VOIP) and other technologies that provide computer access to telephone service and 911 services without any associated fees. The SCCC uses E911 money to fund Computer Aided Dispatch (CAD), some mapping, all telephone services, maintenance and some staff costs, as well as the Emergency Preparedness Network. These expenses are ongoing and, in some cases, will increase. "The fund just hasn't been meeting projections because of people using VOIP and cell phones," said assistant county manager Sue Boyd. Two years ago the budget was projected to increase by 6 percent annually; now it is at 2 percent and dropping. 7?; 7FZ-Zt- i~nncuut Ir"r:i .kJ,'r urtlic "irp.oj-l: caul L a I4r ern I'~a.3drlnt ~'ulk~+, 11ink~i~1 k "There is no evidence to demonstrate the possibility that it will climb again," said Christine Benson, SCCC director. "The whole world is heading down the path of VOIP and DSL (Digital Subscriber Line). This technology is meant to circumvent the government, taxes and fees. It would take some time to regulate, because technology moves a lot faster than government." Cell phones are regulated in that the providers have to pay the surcharge for each phone that has a Summit County prefix. Benson said it's still not easy to regulate cell phones though. Not everyone who lives here and has a cell phone has a Summit prefix. The E911 fund is also losing money from business owners. "Before, a small business would need a couple of office lines, a fax line, intemet line," Benson said. "Now you can manage all these features on one line; therefore, a small business may have been paying for four lines before and now it just pays the surcharge on one line." Benson said one solution could be to increase the E911 surcharge. Another might be to collect a fee from intemet providers for access to 911, although it would be difficult to regulate. A third solution may be for state and federal governments to determine a funding stream to the E91 l fund, but Benson called that a complex issue, as well. Boyd said the SCCC is also funded by county government and by the level of use from the police and firefighting a EXHIBIT 1 >n d 3 Click to Enlarge immit Daily News for Breckenridge, Keystone, Copper and Frisco Col... http://w,"ryv.sunimitdaily.com/apps/pbcs.dll/article?AID=/20050404/N... county. Operations are based on a percentage of overall use of the center. For a capital fund, population base is thrown into the formula, so larger towns pay more into this fund. The loss of revenue from the E911 fund, if sustained, would increase the contributions of the user agencies to other SCCC budgets. "Right now this is putting the burden for funding back on the user agencies," Benson said. Jennifer Huffman can be contacted at (970) 668-3998, ext. 248, or at buffmannsummitdaily.com. BACK 41 f2 4/11/2005 1.0:20 AM -V E911 Information Current budget $ 561,660 Estimated revenue @ $.70 $ 545,000 Estimated revenue at $1.25 $973,200 Qwest increase June 2002 from approximately $6,300/month to $14,700/month 100,800 Current costs Vail dispatch (Supervisor & 5 dispatchers-incl. benefits) $ 345,660 Qwest (Grand Junction tandem, EPN lines, etc.) 13 000 CenturyTel & Language Line $ 3,000 Vail request not funded in 2005 Systems Engineer (inc. benefits) $ 86,142 Positron 911 equip. maint. $ 14,650 Recording media maintenance $ 13,200 Total $113,992 In 2004 $145,000 for the systems engineer and training costs was not funded Positron Upgarde 10/03 Fund Balance 12/31/03 ` Estimated Fund Balance 12/31/05 (leaves very little for technology upgrades, etc.) FAWRKSWRE911 facts.As 5/29/2005 9:16 $279,517 $175,339 $134,705 EXHIBIT d o 2005 VPSCC Telecommunications Costs Eagle County E911 Emergency Telephone Service Authority Expenditures Revenue Telephone $7,200 Qwest Continuity Service _ Language Line Services $ 12,000 Subtotal Telephone $19,200 Dispatch Services Fee Vail Dispatch (Sup & 5 dispatchers-incl. benefits) $ 363,454 Systems Engineer (inc. benefits) $ 89,588 Funding 911 Coordinator Position $ 31,789 Staff Training Cost of EMD and CPR refresher $ 14,250 Subtotal Dispatch Services Fee $ 499,081 Public Education Radio Spots for 911 Education $ $ 4,000 000 3 Educational Pamphlets on 911 use , Educational Flyers on PBX and 911 $ 1,500 CARE program supplies for schools $ 1,250 Postage for promo material $ 2,250 Subtotal Public Education $ 12,000 Maintenance & Repair $ 240 12 Positron 911 equip. maint. , Qwest maintenance contract $ 5,904 Logging Recorder maintenance $ 8,998 Subtotal Maintenance & Repair $ 27,142 Total Expenditures $ 557,423 $ 34 0 2005 Revenue from 911 Authority $ 211,763 Short Fall Covered From Dispatch Services Fund (Fund Balance Now at 13%) EXHIBIT II d ! 0 2006 Budget Request Eagle County E911 Emergency Telephone Service Authority Revenues Land Lines 37,000 lines x $1.25 x 12mo $ 555,000 Cell Lines 36,000 lines x $1.25 x 12mo $ 540,000 Interest Estimate from Finance Office $ . 2,200 Total Revenue $1,097,200 Expenditures Authority Operating Expense General Supplies APCO/Nena Dues and Conference Insurance Premiums Subtotal Operating Expence $ 250 $ 7,500 $ 7,750 Telephone Access Line Charges for 92,000 lines $ 283,920 True Up Cost $ 53,084 Phase II Wireless Charge $0.16/100/line/mo $ 1,200 Other Telephone Cost $ 5,400 Emergency Preparedness Network $ 25,000 Language Line Services $ 10,000 Subtotal Telephone $ 378,604 Dispatch Services Fee Vail Dispatch (Sup & 5 dispatchers-incl. benefits) $ 363,454 Systems Engineer (inc. benefits) $ 89,588 Funding 911 Coordinator Position $ 31,789 Staff Training Cost of EMD and CPR refresher $ 40,230 Subtotal Dispatch Services Fee $ 525,061 Public Education Radio Spots for 911 Education $ 4,000 Educational Pamphlets on 911 use $ 3,000 Educational Flyers on PBX and 911 $ 1,500 CARE program supplies for schools $ 1,250 Postage for promo material $ 2,250 Subtotal Public Education $ 12,000 Maintenance & Repair Positron 911 equip. maint. $ 14,650 Logging Recorder maintenance $ 8,998 Subtotal Maintenance & Repair $ 23,648 Total Expenditures $ 947,063 Capital Outlay EMD Program Training, and Software $ 56,552 Replacement Monitors for 911 Screens $ 4,800 Install Backup 911 Trunks in Eagle backup Center $ 6,000 Total Capital Outlay $ 67,352 Total Use Of Funds $1,014,415 Fund Balance Estimated Beginning Fund Balance Estimated 2006 Revenue Less Total 2006 Expenses Estimated Ending Fund Balance $ 134,705 $1,097,200 1,014,415 $ 217,490 , EXHIBIT YI d .'9 / J r • Memorandum To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager From: Jeff Layman, Police Chief Date: July 20, 2005 Re: Amendment to E911 Intergovernmental Agreement Summary: The Eagle County 911 Authority Board has asked municipalities in the county to endorse their request to the PUC to increase their surcharge level supporting the system beyond seventy cents, as is allowed under CRS. The accompanying memo from Assistant County Attorney Brian Treu will give more detailed information. Background: Expenses for 911 services have increased dramatically over the past two years without any corresponding increase in revenue. • Discussion: The authority has petitioned the PUC for the right to charge more for the services that they provide. One of those services supports the Vail Emergency Communications Center with funding to pay for the salaries and benefits of a designated number of dispatch personnel. It also pays for upgraded equipment and telephone and radio service. The enhanced infrastructure necessary to track 911 cellular telephone calls alone has increased costs from $6,300 per month to $14,700. Should this authority not be granted to the 911 board, it will have dramatic financial impacts on all government operations that rely on the communications center. Financial Implications: If the 911 Authority Board does not increase their surcharge rate for 2006 and make the commensurate contributions to the communications center, the Town of Avon will be faced with paying over $20,000 more in dispatch fees. This would represent an increase of almost 15% over 2005. With the 911 board contribution our fee will increase a more manageable 3.72%. Recommendation: Staff recommends that the Avon Town Council endorse the 911 Authority Board's request to amend the IGA. To comply with the Town Charter, a two-thirds majority vote is required for passage. Proposed Motion: "I move to endorse this second amendment to the existing E911 Intergovernmental Agreement." 0 Town Manager Comments: OFFICE OF THE COUNTY ATTORNEY (970) 328-8685 FAX: (970) 328-8699 www.eaglecounty.us FAG LE COUNTY July 15, 2005 Chief Jeff Layman Town of Avon P.O. Box 975 Avon, CO 81620 Re: Amendment to E911 IGA Dear Jeff. • Enclosed is the IGA Amendment we discussed on the phone. As previously indicated, the 911 Authority Board has seen its expenses more than double in the last two years without a corresponding increase in revenue. Qwest has had to increase its infrastructure to accommodate enhanced 911 features and has passed these costs on to the local entities in the form of tariffs. These tariffs have resulted in Qwest charges to the Authority Board going from approximately $6,300/month in June 2002 to approximately $14,700/month currently. These increased costs are going to be long term and have precluded the Authority Board from meeting the operational costs of the 911 system in Eagle County at the current surcharge level of seventy cents. Section 29-11-102, C.R.S. provides the 911 Authority Board with the power to petition the PUC for an increase in the surcharge level beyond seventy cents and we have since done so. I am including a copy of our PUC application for your review. This application should further detail the shortfall currently facing the 911 system in Eagle County. However, the original IGA drafted in 1991 failed to recognize the statutory authority of §29-11-102 and artificially capped the surcharge rate at seventy cents. Accordingly, this IGA Amendment is intended to recognize the same powers of the 911 Authority Board as those given to it by statute. Additionally, the IGA Amendment is allowing more at-large selections for members to the 911 Authority Board as we are finding it difficult to fill vacant positions under the current membership limitations. Pending PUC approval, it is the desire of the 911 Authority Board to implement the requested surcharge change for calendar year 2006 which would require establishment of the new rate by the Board of County Commissioners no later than September 1, 2005. Accordingly, I would ask that you have the attached IGA Amendment adopted by your Board prior to that time. Please do not hesitate to contact me if there is anything I can do to expedite the approval process on your • end. Eagle County Building, 500 Broadway, P.O. Box 850, Eagle, Colorado 8 1 63 1-0850 M. • Thanks you for your efforts to date. Sincerely, Bryan . reu Assistant County Attorney cc: 911 Authority Board n • 44 SECOND AMENDMENT TO THE INTERGOVERNMENTAL AGREEMENT CONCERNING THE IMPLEMENTATION OF AN "E911" TELEPHONE SERVICE THIS Second Amendment to the Intergovernmental Agreement Concerning the Implementation of an E911 Telephone Service ("Second Amendment") is made and entered into this day of , 2005 by and between the following parties ("Parties"): 1) Board of County Commissioners, County of Eagle, State of Colorado; 2) The Town of Vail, a municipal corporation; 3) The Town of Avon, a municipal corporation; 4) The Town of Eagle, a municipal corporation; 5) The Town of Gypsum, a municipal corporation; 6) The Town of Minturn, a municipal corporation; 7) The Town of Red Cliff, a municipal corporation; 8) The Greater Eagle Fire Protection District, a quasi-municipal corporation; 9) The Gypsum Fire Protection District, a quasi-municipal corporation; 10) Western Eagle County Ambulance District, a quasi-municipal corporation; 11) Eagle County Health Service District, a quasi-municipal corporation f/k/a The Eagle County Emergency Services Hospital District and the Eagle County Ambulance Service; WHEREAS, the Parties entered into an Intergovernmental Agreement Concerning the Implementation of an E911 Telephone Service on January 14, 1991 ("Original IGA") to establish the Emergency Telephone Service Authority. WHEREAS, the Emergency Telephone Service Authority ("Authority Board") is a five (5) member board appointed by the Board of County Commissioners and charged with the oversight and funding of Eagle County's 911 system. WHEREAS, the original IGA contained a provision requiring that two (2) members of the Authority Board be appointed from west of Wolcott, two (2) members be appointed from east of Wolcott and one (1) member be appointed at-large. WHEREAS, the Authority Board desires more at-large appointments to create a broader applicant pool for future open Director positions and to ensure qualified membership on its current Board. 0 • • A V WHEREAS, the Original IGA contained a provision limiting the collection of an emergency telephone charge to an amount not to exceed seventy cents ($30) per month despite the statutory authorization of a higher amount pending Public Utilities Commission approval as set forth in C.R.S. §29-11-102(2)(b). WHEREAS, the Authority Board desires that the Original IGA be amended to include the same statutorily authorized collection amounts as set forth in C.R.S. §29-11-102. WHEREAS, the Parties desire to amend the Original IGA to include the changes set forth below. In consideration of the mutual covenants set forth in the Original IGA and the additional covenants set forth hereunder, the sufficiency of which is hereby acknowledged, the Parties agree that this Second Amendment shall replace and supersede those sections of the Original IGA as stated hereunder. ARTICLE 3.1, EMERGENCY TELEPHONE SERVICE AUTHORITY BOARD, shall be deleted in its entirety and replaced with the following: "ARTICLE 3.1- EMERGENCY TELEPHONE SERVICE AUTHORITY BOARD The Board of Directors of the Authority ("Authority Board") shall consist of five (5) members who shall be appointed by, and serve at the pleasure of, the Board of County Commissioners. One member shall be appointed from east of Wolcott, one member from west of Wolcott, and three members shall be appointed at-large." ARTICLE 5.3, POWERS OF THE AUTHORITY, shall be deleted in its entirety and replaced with the following: "ARTICLE 5.3 - POWERS OF THE A UTHORITY Collect an emergency telephone charge in those portions of the service area for which emergency telephone service is to be provided as statutorily authorized by C.R.S. §29-11-102 or other future applicable statutory provision." The Parties agree that, except as expressly altered, modified and changed in this Second Amendment, all terms and provisions of the Original IGA shall remain in full force and effect, and hereby are ratified and confirmed in all respects as of the date hereof. If any conflict exists between the provisions of this Second Amendment and the Original IGA, the provisions of this Second Amendment shall control. IN WITNESS WHEREOF, the parties have executed this Second Amendment effective on the day and year first above written. C, 6 ATTEST: By: Teak J. Simonton Clerk to the Board of County Commissioners ATTEST: By: Clerk ATTEST: By: Clerk ATTEST: By: Clerk ATTEST: By: Clerk COUNTY OF EAGLE, STATE OF COLORADO By and Through its Board of County Commissioners By: Am Menconi, Chairman P.O. Box 850 Eagle, CO 81631 TOWN OF VAIL By: - Mayor 75 South Frontage Road Vail, CO 81657 TOWN OF AVON By: P.O. Box 975 Avon, CO 81620 TOWN OF EAGLE By: Mayor P.O. Box 609 Eagle, CO 81631 TOWN OF GYPSUM By: Mayor Mayor P.O. Box 237 Gypsum, CO 81637 • • • 3 • ATTEST: By: Clerk ATTEST: By: Clerk Mayor TOWN OF MINTURN By: P.O. Box 309 Minturn, CO 81645 TOWN OF RED CLIFF By: P.O. Box 40 Red Cliff, CO 81649 ATTEST: THE GREATER EAGLE FIRE PROTECTION DISTRICT By: By: P.O. Box 666 Eagle, CO 81631 ATTEST: THE GYPSUM FIRE PROTECTION DISTRICT By: By: P.O. Box 243 LJ Gypsum, CO 81637 ATTEST: WESTERN EAGLE COUNTY AMBULANCE DISTRICT By: By: Chairman P.O. Box 1077 Eagle, CO 81631 4 Mayor ATTEST: EAGLE COUNTY HEALTH SERVICE DISTRICT 9 By: By: Chairman P.O. Box 990 Edwards, CO 81632 • is 100 0 BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF COLORADO IN THE MATTER OF THE APPLICATION ) OF THE EAGLE COUNTY E-911 ) EMERGENCY TELEPHONE SERVICE ) AUTHORITY BOARD, c/o EAGLE COUNTY ) ATTORNEY'S OFFICE, PO BOX 850 ) EAC.i.E, COLORADO 81631, ) FOR AUTHORITY TO INCREASE THE ) EMERGENCY TELEPHONE CHARGE ) Applicant states: APPLICATION NO. Please consider this Application with attachments as application by the Eagle • County Emergency Telephone Service Authority Board ("Authority Board") to increase the emergency telephone charge to $1.25 per month pursuant to C.R.S. §29-11-102(2)(b). The Authority Board is chosen by the Board of County Commissioners and is charged with maintaining the 9-1-1 system throughout Eagle County. See Exhibit 1 attached hereto. The Authority Board and the local governing body have determined that an increase in the emergency telephone charge is necessary to provide adequate emergency telephone service to the residents of Eagle County.' The following exhibits are attached. 1. Original Intergovernmental Agreement creating the Authority Board and Concerning the implementation of an "E911" Telephone Service. 2. Resolution Establishing the Rate of Charge for Emergency Telephone Service for Calendar Year 2005. 3. Notice of Emergency Telephone Charge proposed increase published June 9 and 17`h in The Eagle Valle Enterprise, a weekly newspaper of general circulation duly qualified for publishing legal notices pursuant to the laws of the State of Colorado. 4. Summit Daily News Article on Voice Over Internet Protocol. The original 1991 Intergovernmental Agreement provided in Article 5.3 that the emergency telephone charge would not exceed $0.70. The Authority Board, County Commissioners, Town of Vail, and other members of the original IGA support the increase of the emergency telephone charge and an amendment to the original IGA authorizing the proposed increase will be circulated and adopted prior to the implementation of said increase. `1 5. E911 Financial and Budget Information for Fiscal Year 2005. 6. 2005 Telecommunication Cost of the Vail Public Safety Communications Center. 7. Projected 2006 Authority Board budget based on proposed increase. Over the past several years, the Authority Board has worked cooperatively with the Town of Vail and the Eagle County Commissioners to substantially upgrade 911 services. The Authority Board has been active in bringing to Eagle County such items as Reverse 9-1-1, EAS and achieving Phase II compliance (9-1-1 cell phone number and location identification) ahead of federally mandated schedule. From 1991 to 2003, the emergency telephone charge in Eagle County had been in the minimal amount of $.55 per month per service subscriber. Due to increased costs associated with requisite upgrades in equipment and staffing, ongoing maintenance, and Qwest imposed tariffs, the emergency telephone charge in Eagle County was raised to 5.70 cents per month per service subscriber in 2003 and remains at this level currently. 0 See Exhibit 2 attached hereto. There is one PSAP in Eagle County, the Vail Public Safety Communications Center ("Dispatch Center"), which is operated by the Town of Vail Police Department. This one PSAP receives and routes all 911 calls for Eagle County. Additionally, this PSAP dispatches for the Vail Police Department, the Avon Police Department, the Eagle Police Department, the Minturn Police Department, the Eagle County Sheriffs Department, Eagle County Animal Control, Vail and Beaver Creek Resort Security, Vail Mountain Rescue, four local fire departments and districts, and two ambulance districts. The PSAP is staffed with 22 full and part time employees which are broken into the following categories: sixteen dispatchers of which one serves as the 911 Coordinator, four supervisors, one Communication Center Manager and one 911 Systems Engineer. 2 Of these staffing positions, the Authority Board funds five dispatcher positions and one supervisor position. Historically, the Authority Board has also funded the Systems . Engineer position and partially funded the 911 Coordinator position, but has stopped funding these positions due to revenue shortfall -as more particularly described below. Eagle County lies along the I-70 corridor from the top of Vail Pass to the entrance of Glenwood Canyon and covers 1,694 square miles. The County contains the Towns of Avon,. Basalt, Eagle, Gypsum, Minturn, Red Cliff and Vail. According to the most recent data available, Eagle County's total population is 46,927, with approximately fifty percent (50%) of the population residing in the incorporated municipalities and the other fifty percent (50%) of the population residing in unincorporated Eagle County. Eagle County is one of the fastest growing counties in the State. From 1970 to 2000 Eagle County grew by 34,214 people, a 445% increase in population. Eagle County houses a regional airport serviced by six major airlines with non- stop flights from 13 major U.S. cities. The Eagle County Regional Airport transports over 325,000 passengers a year. More than 82 percent of Eagle County's land is public comprised of National Forests, wilderness areas, Bureau of Land Management properties, and state and local public lands. A portion of the White River National Forest is in Eagle County as well as the Sylvan Lake State Park recreation area. Eagle County is home to 3 ski areas, Vail, Beaver Creek and Arrowhead, covering 6,914 skiable acres. The physical attributes of Eagle County make it a favorite spot for such outdoor activities as skiing, rock climbing, rafting, and biking. However, these same attributes present Eagle County with several unique challenges associated with the provision and coordination of emergency services. 0 These challenges have necessitated the need for an upgraded and enhanced emergency telephone service. The upgrades, coupled with increasing costs, have precluded the Authority Board from funding requisite improvements and services at the current surcharge level necessitating the need for this proposed increase. In December 2003, the Authority Board funded a $279,517.00 upgrade to the County's 911 systems to bring enhanced features to wireless callers. Currently over 65% of the 9-1-1 calls received by the Dispatch Center are from wireless callers. It is believed that this number will approach 85% within the next 3-5 years. The upgrade allows for these wireless callers to display automatic caller location or identification information that will lead to increased response efficiency. The upgrade was vital in the mountainous terrain of Eagle County and brought the County's system into Phase H compliance as required by law. However, this capital improvement significantly depleted the Authority Board's reserves and created ongoing maintenance and upgrade costs to this system. Additionally, the Authority Board has seen its expenses approximately double in the last two years without a corresponding increase in revenue. The Qwest charges to the Authority Board have gone from approximately $6,300/month in June 2002 to approximately $14,700/month currently. This is a statewide phenomenon resulting from the imposition of tariffs necessary to increase Qwest's infrastructure to accommodate a statewide conversion to Phase II compliance. These increased costs appear to be long term and have precluded the Authority Board from meeting its operational costs at the current surcharge level. 4 ~a Also, Eagle County currently is experiencing a line count discrepancy of approximating 30,000 lines. Qwest is charging the Authority Board for 91,000 land and wireless lines!while the Authority Board is only collecting revenue from approximately 64,000 land and wireless lines. The Authority Board has been working diligently to determine the cause of such discrepancy and has hired an outside consultant, 911 Solutions, to help reconcile any such discrepancies. The Authority Board will be formally asking the PUC to review this matter as well in the near future. The current line count charges have resulted in costs that are not being offset by a corresponding revenue source. Finally, the use of computers to access telephone and 911 services without associated fees, Voice Over Internet Protocol or VOID, is becoming a revenue concern for the Authority Board as well. The amount such technology has or will cut into the Authority Board's collections is not capable of precise quantification at this time, but the effects are already being felt throughout the State. See Exhibit 4 attached hereto. VOIP technology has been implemented in areas of Eagle County and should continue to gain prominence. Until such time as these technologies are regulated, their increased use will circumvent the 911 surcharge collections and will have a further negative impact on the Authority Board's budget. The above causes of revenue shortfall are reflected in the Authority Board's 2005 budget and financial information, attached as Exhibit 5, and further identify the need for increased surcharge revenue. Based on the most recent line counts for Eagle County, the estimated revenue generated from the current surcharge of $0.70 per month per service customer would be approximately $545,000.00. The current costs for the Authority 5 include $345,660.00 to fund the salary and benefits for one supervisor and five dispatchers, $213 000.00 to pay Qwest charges and $3,000.00 to pay CenturYTel charges. The total costs of $561,660.00 will exceed the revenues by over $16,000.00. T his shortfall will necessitate a further reduction in the 911 reserve account which c- 7ently stands at $134,705; dangerously low to adequately address emergency repairs or technology upgrades that may be required by the 911 system. The $16,000.00 shortfall does not account for the significant expenses borne by the Dispatch Center and user agencies because of the Authority Board's financial inability to fund said costs. As shown in Exhibit 5, the Authority had no alternative but to decline funding requests in 2005 from the Dispatch Center for its Systems Engineer position in the amount of $86,142.00, Positron 911 equipment maintenance in the amount of $14,650.00, and the recording media maintenance in the amount of $13,200.00. Additionally, the Authority Board had to decline similar requests in 2004 totaling approximately $145,000.00. The non-funded amounts shown on Exhibit 5 do not include other upgrades, training, and educational advertising costs borne by the Dispatch Center. Exhibit 6, attached hereto, shows the costs and revenues specific to the Dispatch Center for 2005. These are costs necessary for the ongoing functionality of Eagle County's 911 system and include such items as salaries, equipment maintenance, training, language line services, and educational advertising. The total for these requisite expenditures will be $557,423.00. The Authority Board was only able to offset these expenditures by $345,660.00 leaving a financial shortfall to the Dispatch Center in the amount of $211,763.00. This shortfall was covered from the Town of Vail and user agencies, but is more appropriate for payment from 911 surcharge funds. 6 Exhibit 7, attached hereto, shows the projected 2006 budget for the Authority Board based on the requested surcharge increase of $1.25 per month per service customer and the anticipAted line counts for 2006. The estimated revenue generated from such increase would be $1,097,200.00 for the year. Estimated costs for Qwest and other telephone charges, staffing and training, maintenance and repair, public education, and operating expenses total $947,063.00. Additionally, it is anticipated that the Authority will fund needed capital improvement projects in 2006 in the amount of $67,352.00 for a total cost to the Authority of $1,014,415.00. The excess $82,785.00 in revenue will go toward rebuilding the 911 reserve fund balance in order to better meet unexpected expenditures, upgrades in technology and other future improvements that may enhance the 911 system and the safety of the citizens of Eagle County. The proposed increase will provide the Authority Board with flexibility in implementing a surcharge at a level necessary to meet its needs. WHEREFORE, the Authority Board respectfully requests the Commission to enter an Order authorizing the Authority Board and the Eagle County Commissioners to increase the emergency telephone charge to $1.25 per line. Such an amount is in line with increases from other Authority Boards facing similar revenue shortfalls. Dated this day of June, 2005. Eagle County Emergency Telephone Service Authority Board Bryan R. Treu, Counsel for Applicant Eagle County Attorney's Office 500 Broadway PO Box 850 Eagle, Colorado 81631 Tel: (970) 328-8685 Fax: (970) 328-8699 Email: bryan.treu(a-jeaalecountv.us 7 \6 EAGLE COUNTY INTERGOVERNMENTAL AGREEMENT CONCERNING THE IMPLEMENTATION OF AN "E911" TELEPHONE SERVICE This Intergovernmental Agreement for "E911" Telephone Service ("Agreement") is made this day of January, 1991, by and between the following parties (hereafter referred to collectively as "Parties"): 1. Board of County Commissioners; County of Eagle, State of Colorado ("Board of County Commissioners"); 2. The Town of Avon, a municipal corporation ("Avon"); 3. The Town of Eagle, a municipal corporation ("Eagle"); 4. The Town of Gypsum, a municipal corporation ("Gypsum"); 5. The Town of Minturn, a municipal corporation ("Minturn"); 6. The Town of Red Cliff, a municipal corporation ("Red Cliff"); • 7. The Town of Vail, a municipal corporation ("Vail"); 40 8. The Eagle County Emergency Services Hospital District (a/k/a Eagle County. Ambulance Service), a quasi-municipal corporation ("ECESHD"); 9. The Greater Eagle Fire Protection District, a quasi-municipal corporation ("EFPD"); 10. The Gypsum Fire Protection District, a quasi-municipal corporation ("GFPD"); and 11. Western Eagle County Ambulance District, a quasi-municipal corporation ("WECAD"). WITNESSETH: WHEREAS, pursuant to Article 11 of Title 29 of the Colorado Revised Statutes (hereinafter the "Act") the Parties hereto are delegated the power to enter into inter- governmental agreements of th;6 type for the purpose of providing emergency. telephone service; and WHEREAS, the Act encourages and authorizes agreements of this nature; and WHEREAS, it would serve the public welfare and be in the best interest of the • Parties to participate in the organization, administration and common use of a central emergency telephone service authority; and WHEREAS, the Parties desire to enter into this Agreement for the following purposes: (1) to establish a separate legal entity to be known as the "Emergency Telephone Service Authority" which shall be responsible for administering the operation of the emergency telephone service program; and (2) to define the manner in which each of the Parties will participate in. the Emergency Telephone Service Authority; and WHEREAS, this Agreement supersedes a similar agreement dated June 28, 1988. NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the ParFicc anraa ac fnllnnic• 1. DEFINITIONS The definitions for the terms "emergency telephone charge", "emergency telephone service", "equipment supplier", "exchange access facilities", "governing body", "person", "public agency", "service supplier", "service user" and "tariff rates" as used in this Agreement shall be the same as the definitions set forth in the Act. II. GENERAL PROVISIONS 2.1 Pursuant to the Act, the Parties hereby establish a separate legal entity to be known as the "Emergency Telephone Service Authority" (hereinafter referred to as the "Authority") which shall be responsible for administering the operation of the emergency telephone service program as set forth herein. 2.2 The Parties agree that, contemporaneously herewith, they will, by resolution or ordinance, constitute, authorize and empower the Authority, as a separate entity with full powers to enter into contracts, to sue, and otherwise do all things necessary to carry out the duties delegated herein. 2.3 The area to which emergency telephone services shall be supplied and the area within which service users shall be surcharged, all as provided herein, shall be Eagle County as that jurisdiction is defined by Colorado law. III. EMERGENCY TELEPHONE SERVICE AUTHORITY BOARD 3.1 The Board of Directors of the Authority ("Authority Board") shall consist of five (5) members who shall be appointed by, and serve at the pleasure of, the Board of County Commissioners. Two members shall be appointed from east of Wolcott, two members from west of Wolcott, and one member shall be appointed "at large." At such time as the Basalt/El Jebel area joins into the Eagle County E911 system, the fifth member of the Authority Board shall be appointed from that area. C -2- \e\ 3.2 The Board of County Commissioners shall appoint a President and Secretary of the Authority Board from among the members of the Authority Board. 3.3 The initial terms of two directors shall be three years each, two directors shall be for terms of two years each, and the fifth director shall be appointed for a term of one year. In the initial appointments, the Board of County Commissioners shall designate the length of the respective terms of each member. Thereafter, the terms of all members shall be two years. All directors are eligible for reappointment. 3.4 T:e Board of County Commissioners may remove a director. from office for cause at any time. Alternate members may be appointed to serve as a member of the Authority Board in the absence of any member in the manner as set forth herein. IV. RULES AND REGULATIONS The Authority Board may adopt bylaws and/or supplementary rules and regulations as it deems necessary, provided that said bylaws and/or supplementary rules and regulations are in compliance with the Act, this Agreement and Colorado law. V. POWERS OF THE AUTHORITY The Authority shall be empowered and authorized to: 0 5.1 Contract for the installation and operation of an emergency telephone service. 5.2 Pay for such equipment, software, installation of equipment and software, and related services by way of lease, purchase or lease-purchase. 5.3 Collect an emergency telephone charge as provided by the Act in an amount not to exceed seventy cents ($.70) per month in those portions of the service area for which emergency telephone service is to be provided. 5.4 The Authority's funds shall be spent solely to pay for (whether by lease, purchase, or lease-purchase) direct and incidental costs associated with the acquisition of equipment and software, and the installation thereof, as well as the direct and incidental costs of operating an emergency telephone service, including the monthly recurring charges billed by the service supplier, and for such other expenses reasonably necessary to enable the Authority to discharge its duties hereunder. 5.5 In addition, the Authority may do any other act as may be necessary for the provision of emergency telephone service, including, but not limited to, contracting with equipment vendors and service suppliers for the purpose of obtaining the benefit of technological developments which the Authority deems necessary to improve or enhance the quality and efficiency of service to be provided hereunder. • -3- \110 5.6 No act, or course of action shall be undertaken by the Authority or in the name of the Authority unless the same is first duly authorized by a majority vote of the Authority Board at any meeting, upon due notice first given, at which a quorum is present of .a majority of the members of the Authority Board then holding office, or as permitted by law. VI. BUDGET AND OPERATING COSTS 6.1 The Authority shall adopt an annual budget for the costs of equipment, operation and maintenance of providing emergency telephone service. The budget shall be submitted to the Board of County Commissioners for review and approval. 6.2 Unless agreed to by a majority of the Parties or as provided in paragraph 6.3 herein, the annual budget of the Authority for administrative expenses shall not exceed Two Thousand Dollars ($2,000), plus the costs of an annual audit and insurance. 6.3 Each year in which the Authority believes funds for administrative costs in excess of $2000 are necessary, it shall prepare and submit a budget request to the Board of County Commissioners by July 15 of the year prior to when the funds are necessary. The Board of County Commissioners shall consider funding the budget request in the County's annual appropriation. • VII. FUNDS AND OPERATIONS 7.1 The uniform charge per exchange access facility shall be collected by the service supplier and delivered to the Authority. The Parties hereto shall have no obligation to collect this uniform charge. 7.2 The funds of the Authority shall be maintained in one or more accounts in accordance with Colorado law and shall not be commingled with the funds of any of the Parties. Any funds remaining in the accounts at year end shall be carried over to the next succeeding year. 7.3 The Authority's funds shall be used for the purposes set forth herein. including, but not limited to, the payment of administrative, operating and maintenance costs, and amounts due to any lender or lessor for any sums advanced, plus interest or other charges. No disbursement shall be made from the funds of the Authority except by check and unless a bill for goods or services actually rendered or delivered has been first submitted and approved for payment by the Authority, said approval being evidenced by a writing signed by the President and Secretary of the Authority Board. 7.4 Except for any loan, lease or contract expressly approved by the Board of County Commissioners, the Authority shall not borrow money, enter into any lease agreement or execute any contract having a price or value in excess of $10,000. Further, the Authority shall not approve any claims or incur any obligations for expenditures unless there is sufficient unencumbered cash, credited to the Authority, with which to pay the same. r~ LJ -4- NR 7.5 The Authority may invest its funds only in accordance with any applicable laws of the State of Colorado governing the investment of public funds. 0 7.6 No Party to this Agreement shall have any liability to pay for any debt or other obligation incurred by the Authority unless there is a specific undertaking by each party to do so, accompanied by an appropriation approved with the requisite formalities. 7.7 Nothing herein prevents the Authority from returning any surplus operating revenues provided by the Parties hereto for the operation of this emergency telephone service to the respective Parties hereto in the sar-,e proportion that said Parties originally contributed funds for operation pursuant to paragraph 7.6 hereof. VIII. BOOKS AND RECORDS 8.1 The Authority shall maintain adequate and correct accounts of its funds, properties and business transactions, which accounts shall be open to inspection at any reasonable time by the Parties hereto, their accountants or their agents, as well as the general public. The Authority shall cause to be conducted an annual audit, which audit shall be conducted by an independent certified public accountant licensed by the State of Colorado. The Authority shall file a copy of said audit with each of the Parties. 8.2 A written record of all proceedings of the Authority Board as well as of action taken shall be maintained and such records shall be open to inspection at all reasonable times. 8.3 Within ninety days after the end of each calendar year, the Authority shall . prepare and present to the Parties a comprehensive annual report of the Authority's activities and finances during the preceding year. 8.4 The Authority shall also prepare and present such reports as may be required by law, regulation or contract to any governmental agency. 8.5 The Authority shall also render to the Parties hereto, at reasonable intervals, such reports and accounting as the Parties hereto may from time to time request. IX. TERMINATION OF AGREEMENT 9.1 This Agreement shall be in full force and effect upon the execution of the Agreement by the Parties in accordance with paragraph 12.2 hereof, and shall continue in full force and effect, subject to amendments, until terminated by a majority of the then Parties. 9.2 Any Party's participation in this Agreement may be terminated by written notice from such Party to the Authority Board at least 180 days prior to January 1 of any given year. Termination of any Party's participation in this Agreement shall terminate all unaccrued obligations of the terminating party unless such Party has agreed to be liable for a debt of the Authority pursuant to the provisions of paragraph 7.6 herein. • -5- ao • 9.3 Upon termination by a majority.of the Parties to this Agreement, the powers granted to the Authority under this Agreement shall continue to the extent necessary to make an. effective disposition of the Authority and its property, duties and obligations. 9.4 Upon termination of this Agreement, the property of the Authority shall be transferred to the County of Eagle, State of Colorado. X. AMENDMENT 10.1 This Agreement may be amended by a majority of the then Parties from time to time, in writing and executed by those Parties. 10.2 Additional Parties may be added to this Agreement at any time upon delivery of an appropriate resolution or ordinance directing same, and upon execution of this Agreement and any amendment in existence at the time. XI. LIABILITY OF AUTHORITY BOARD, AND ITS OFFICERS AND EMPLOYEES; INSURANCE 11.1 The members of the Authority Board and its officers and employees shall not be personally liable for any acts performed or omitted in good faith during the scope of their duties pursuant to this Agreement. 11.2 The Authority shall obtain insurance for the members of the Authority Board • and the Authority against claims which may be brought against them. 11.3 The Authority may obtain a bond or other security to guarantee the faithful performance of the duties of the members of the Authority Board. XII. MISCELLANEOUS 12. In case any one or more of the provisions contained in this Agreement shall be for any reason held invalid, illegal or unenforceable in any respect, such invalidity or unenforcibility shall not affect the other provisions hereof, and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been a part hereof. 12.2 This Agreement may be executed in counterparts. Execution of this Agreement by fewer than all parties shall cause the Agreement to be effective between those parties. 12.3 Notice hereunder shall be given by United States mail to the address of the entity as set forth herein, said notice being deemed received three days after mailing. 12.4 This Agreement shall be construed pursuant to Colorado law. U -6- a` IN WITNESS WHEREOF, the Parties hereto have caused their respective names and seals to be affixed hereto, as of the day and year herein above set forth. z COUNTY OF EAGLE, STATE OF t a COLORADO. By and Through Its BOARD OF COUNTY COMMISSIONERS B 7 1- r By: Jerk to the Board of Geo e A. Gates, Chairman County Commissioners P.O. Box 850 Eagle. CO 81631 ATTEST: TOWN OF AVON BY: Clerk ATTEST: BY: Clerk ATTEST: BY: Clerk By: Mayor P.O. Box 975 Avon. CO 81620 TOWN OF EAGLE By: P.O. Box 609 Eagle, CO 81631 TOWN OF GYPSUM By: P.O. Box 237 Gypsum. CO 81637 Mayor Mayor • 0 • -7- 'k . GREATER EAGLE FIRE PROTECTION ATTEST: DISTRICT By: Chairman P.O. Box 666 Eagle. CO 81631 ATTEST: BY: GYPSUM FIRE PROTECTION DISTRICT By: P.O. Box 243 Gypsum, CO 81637 ATTEST: • BY: Chairman WESTERN EAGLE COUNTY AMBULANCE DISTRICT By: P.O. Box 1077 Eagle, CO 81631 • -9- Chairman IV) IN WITNESS WHEREOF, the Parties hereto have caused their respective names and seals to be affixed hereto, as of the day and year herein above set forth. ATTEST: COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS By: By: Clerk to the Board of Donald H. Welch, Chairman County Commissioners P.O. Box 850 Eaale. CO 81631 ATl EST: TOWN OF AVON By: U, Mayor P. . Box 975 A on. CO 81620 ATTEST: TOWN OF EAGLE BY: By: Clerk Mayor P.O. Box 609 Eagle. CO 81631 ATTEST: TOWN OF GYPSUM BY: By: Clerk Mayor P.O. Box 237 Gvosum. CO 81637 -7- • • • • By IN WITNESS WHEREOF, the Parties hereto have caused their respective names and seals to be affixed hereto, as of the day and year herein above set forth. ATTEST: Clerk to the Board of County Commissioners Donald H. Welch, Chairman COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS By: P.O. Box 850 Eagle, CO 81631 ATTEST: BY: • Clerk • P.O. Box 975 Avon. CO 81620 ATTEST: TOWN OF EAGLE BY: By: Clerk P.O. Box 609 Eagle. CO 81631 ATTEST: TOWN OF GYPSUM Mayor Mayor BY lr/lC-' By:- 7 Clerk ~ Mayor P.O. Box 237 Gypsum. CO 81637 TOWN OF AVON By: -7- -1h 111 1-rS 1 TOVY~i V~ Vr I-Ai N TURN 5y. Mayo r 1114 PO Box iOL) 14nturri, ^C ~1645 TOWN - - - !3y:_. _ eric Mayor P.O Rcd X77'- TOV1 ? - . . 5Y. _ _ Mayor _ S Prontacr; Road West c, ~S :Z AGL-- tea, • t=h` _n 5_-HV(CES -rr CST. - , iairmar' _Q_ • MINTUP.' P-LICE DEPT - r v ATTEST: TOWN OF MINTURN BY: By: Clerk Mayor P.O. Box 309 Minturn. CO 81645 ATTEST: TOWN OF RED CLIFF BY: By: Clerk Mayor P.O. Box 109 Red Cliff, CO 81649 ATTEST: TOWN OF VAIL OY: ~Lst-~LY~J By: 'I Clerk Mayor 75 S. Frontage Road West Vail. CO 81658 EAGLE COUNTY EMERGENCY SERVICES HOSPITAL DISTRICT ATTEST: -cj BY: By: Chairman P.O. Box 1637 Vail. CO 81658 • -8- :NT ..C~.F Lti , 7 y U/ • 0 Ir1 LJ ATTEST: TOWN OF MINTURN BY: By: Clerk Mayor P.O. Box 309 Minturn, CO 81645 ATTEST: TOWN OF RED CLIFF BY: By: Clerk Mayor P.O. Box 109 Red Cliff, CO 81649 ATTEST: TOWN OF VAIL BY: By: Clerk Mayor 75 S. Frontage Road West Vail, CO 81658 EAGLE COUNTY EMERGENCY SERVICES HOSPITAL DISTRICT ATTEST: BY: By: P.O. Box 1637 Vail, CO 81658 U -8- Chairman ATTEST: BY: ATTEST: BY: A TEST: BY: GREATER EAGLE FIRE PROTECTION DISTRICT By: Chairman P.O. Box 666 Eagle. CO 81631 GYPSUM FIRE PROTECTION DISTRICT By: 1 1 , P.O. Box 243 Chairman Gypsum. CO 81637 WESTERN EAGLE COUNTY AMBULANCE DISTRICT By: Chairman P.O. Box 1077 Eagle. GO 81631 -9- • • • v • A-71 EST: BY: ATTEST: GREATER EAGLE FIRE PROTECTION DISTRICT By: Chairman P.O. Box 666 . Eagle. CO 81631 GYPSUM FIRE PROTECTION DISTRICT BY: By: Chairman P.O. Box 243 Gypsum. CO 81637 WESTERN EAGLE COUNTY AMBULANCE ATTEST: DISTRICT Chairman P.O. Box 1077 Eagle. CO 81631 • -9- 31 Commissioner • moved adoption of the following Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 2004 - Q~37 ESTABLISHING THE RATE Of CHARGE FOR EMERGENCY TELEPHONE SERVICE WHEREAS, C.R.S. 29-11-101, et seq., provides that the County may incur any equipment, installation, and other directly related costs for the continued operation of an emergency telephone service, and may pay such costs by imposing an emergency telephone charge for such service; and WHEREAS, by Resolution No. 91-9, the Board of County Commissioners of Eagle County, Colorado ('Board"), approved an intergovernmental agreement establishing the Eagle County Emergency Telephone Service Authority, and assessing a charge of S.55 per month against each service user, excepting any state or local government entity; and WHEREAS, by Resolution 2003-102, the Board established the rate of charge for • emergency telephone service at S.70 per month per service customer for 2004, excepting any state or local government entity rate; and WHEREAS, C.R.S. 29-11-103(3) directs the Board to establish a rate of charge at least once per calendar year by September 1 for the next fiscal year; and WHEREAS, the allowable collection rate is S.70 per month per service customer as authorized by C.R.S. §29-11-102(2)(a); and WHEREAS, the Emergency Telephone Service Authority Board recommends that the charge be maintained at S.70 be per month per service customer in order to produce sufficient revenues to fund the expenditures necessary for the protection and preservation of the public health; and NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO: THAT, the Board finds it is appropriate to maintain a charge of $.70 per month per exchange access facility or per wireless communications access as those terms are defined in C.R.S. §29-11-101(3) and (13) for 2005, excepting any state or local government entity. THAT, telephone (land line and wireless) service suppliers providing telephone service in • Eagle County are hereby required to collect an emergency telephone charge, in accordance with EXHIBIT d -1 - a 8 • C.R.S. 29-11-101, et seq., in the amount of Seventy Cents ($.70) per month, upon all telephone access facilities within,Eagle County (except as are already assessed a charge for participation in the Aspen/Pitkin County E-911). Such charge shall not be imposed upon any state or local governmental entity,. THAT, notice of such charge shall be given to telephone service suppliers by registered mail in accordance with C.R.S. 29-11-103(3). HAT, the Board hereby finds, determines and declares that this Resolution is necessary for the health, safety and welfare of the citizens of Eagle County. MOVED, READ AND ADOPTED Cou y of Eagle, State of Colorado, at 2004. ATTEST: EAGLE COUNTY, COLORADO, by and through its BOARD OF COUNTY COMMISSIONERS By: 4 . )3 Clerk to the Boar of Tom C. tone • County Commissioners Chairma n n L. Gallagher sioner Menconi Commissioner Commissioner ~~145 seconded adoption of the foregoing resolution. The roll having been called, the vote s as follows: Commissioner Tom C. Stone Commissioner Michael L. Gallagher Commissioner Am Menconi This Resolution passed by~ the County of Eagle, State of Colorado. 0 G:\bryan\9-1 -1 \chaTge2004.wpd x/90-50 by the Board of County Commissioners of the s regular meeting held the day of -7 - vote of the Board of County Commissioners of ~ 71-e = m e • ~ S • s • • •C i 0 C• o' X z 0 N O O J w w 0 w a w 0 N O O G n C" a a. w a. 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JJ 7, m I WtO immit Daily News for Breckenridge, Keystone, Copper and Frisco Col... http://vr",w.summitdaily.com/apps/pbcs.dll/article?AID=/20050404/N... ~ <NEWS E911 budget dwindling due to VOIP, cell phones JENNIFER HUFFMAN summit daily news April 4, 2005 %0, & Print 7-7 Email BRECKENRIDGE - Cell phones and other technologies may be a benefit to their users, but they could be forcing Summit County's E911 budget into the red. Qwest Communications collects a 70 cents a month 911 charge on telephone bills to help fund the county's emergency 911 dispatch center. The trouble is that people are dropping Qwest land lines for cell phones and intemet phone calls. The Summit County Communications Center's (SCCC) E911 budget of about $1.7 million relies on about $300,000 in 911 phone bill charges. Cutting into collections are cell phones, voice over intemet protocol (VOIP) and other technologies that provide computer access to telephone • service and 911 services without any associated fees. The SCCC uses E911 money to fund Computer Aided Dispatch (CAD), some mapping, all telephone services, maintenance and some staff costs, as well as the Emergency Preparedness Network. These expenses are ongoing and, in some cases, will increase. "The fund just hasn't been meeting projections because of people using VOIP and cell phones," said assistant county manager Sue Boyd. Two years ago the budget was projected to increase by 6 percent annually-, now it is at 2 percent and dropping. Christine Benson, director of the Summit County Communications Center, sees funding problems looming with the loss of the 911 charges consumers pay on their land line bills. Summit Daily/Brad Odekirk . lrU7t1llf 21.5055 Orcven ketier. wr)ne 4)101 It+r :afl~c iu tu.nir~~~rt:. in}.n.i..~r l<•(t >u Paal:lv,r)i '►alk*' 141uk•~:,t,l. "There is no evidence to demonstrate the possibility that it will climb again," said Christine Benson, SCCC director. "The whole world is heading down the path of VOIP and DSL (Digital Subscriber Line). This technology is meant to circumvent the government, taxes and fees. It would take some time to regulate, because technology moves a lot faster than government." Cell phones are regulated in that the providers have to pay the surcharge for each phone that has a Summit County prefix. Benson said it's still not easy to regulate cell phones though. Not everyone who lives here and has a cell phone has a Summit prefix. The E911 fund is also losing money from business owners. "Before, a small business would need a couple of office lines, a fax line, intemet line," Benson said. "Now you can manage all these features on one line; therefore, a small business may have been paying for four lines before and now it just pays the surcharge on one line." Benson said one solution could be to increase the E911 surcharge. Another might be to collect a fee from intemet providers for access to 911, although it would be difficult to regulate. • A third solution may be for state and federal governments to determine a funding stream to the E911 fund, but Benson called that a complex issue, as well. of 2 Boyd said the SCCC is also funded by county government and by the level of use from the police and firefighting a EXHIBIT >n d o t, Click to Enlarge summit Daily News for Breckenridge, Keystone, Copper and Frisco Col... http://vA-,vw.summitdaily.com/apps/pbcs.dll/article?AID=/20050404/N... county. Operations are based on a percentage of overall use of the center. For a capital fund, population base is thrown into the formula, so • larger towns pay more into this fund. The loss of revenue from the E91 l fund, if sustained, would increase the contributions of the user agencies to other SCCC budgets. "Right now this is putting!the burden for funding back on the user agencies," Benson said. Jennifer Huffman can be contacted at (970) 668-3998, ext. 248, or at jhuffman(a),summitdailv.com. BACK 41 • 0 )f 2 4/11/2005 10:20 AM 3`4 911 Information Current budget $ 561,660 Estimated revenue @ $.70 $545,000 Estimated revenue at $1.25 $ 973,200 Qwest increase June 2002 from approximately $6,300/month to $14,700/month l$100,800 Current costs Vail dispatch (Supervisor & 5 dispatchers-incl. benefits) $ 345,660 Qwest (Grand Junction tandem, EPN lines, etc.) 13 000 CenturyTel & Language Line $ 3,000 Vail request not funded in 2005 Systems Engineer (inc. benefits) $ 86,142 Positron 911 equip. maint. $ 14,650 Recording media maintenance $ 13,200 Total $113,992 In 2004 $145,000 for the systems engineer and training costs was not funded 0- Positron Upgarde 10/03 Fund Balance 12/31/03 Estimated Fund Balance 12/31/05 (leaves very little for technology upgrades, etc.) F:\WRKSHT\E911 facts.As 5129/2005 9:16 • $279,517 $175,339 $134,705 EXHIBIT d Expenditures Revenue EXHIBIT 2005 VPSCC Telecommunications Costs Eagle County E911 Emergency Telephone Service Authority Telephone Qwest Continuity Service $7,200 Language Line Services $ 12,000 Subtotal Telephone $19,200 Dispatch Services Fee Vail Dispatch (Sup & 5 dispatchers-incl. benefits) $ 363,454 Systems Engineer (inc. benefits) $ 89,588 Funding 911 Coordinator Position $ 31,789 Staff Training Cost of EMD and CPR refresher $ 14,250 Subtotal Dispatch Services Fee $ 499,081 Public Education Radio Spots for 911 Education $ $ 4,000 000 3 Educational Pamphlets on 911 use , Educational Flyers on PBX and 911 $ 1,500 CARE program supplies for schools $ 1,250 Postage for promo material $ 2,250 Subtotal Public Education $ 12,000 Maintenance & Repair $ 12,240 Positron 911 equip. maint. Qwest maintenance contract $ 5,904 Logging Recorder maintenance $ 8,998 Subtotal Maintenance & Repair $ 27,142 Total Expenditures $ 557,423 2005 Revenue from 911 Authority $ 345.660 Short Fall Covered From Dispatch Services Fund (Fund Balance Now at 13%) $ 211,763 • • • A • 2006 Budget Request Eagle County E911 Emergency Telephone Service Authority Revenues Land Lines 37,000 lines x $1.25 x 12mo $ 555,000 Cell Lines 36,000 lines x $1.25 x 12mo $ 540,000 Interest Estimate from Finance Office $ 2,200 Total Revenue $1,097,200 Expenditures Authority Operating Expense General Supplies $ 250 APCO/Nena Dues and Conference $ 7,500 Insurance Premiums $ - Subtotal Operating Expence $ 7,750 Telephone Access Line Charges for 92,000 lines $ 283,920 True Up Cost $ 53,084 Phase II Wireless Charge $0.16/100/line/mo $ 1,200 Other Telephone Cost $ 5,400 Emergency Preparedness Network $ 25,000 Language Line Services $ 10,000 Subtotal Telephone $ 378,604 Dispatch Services Fee Vail Dispatch (Sup & 5 dispatchers-incl. benefits) $ 363,454 Systems Engineer (inc. benefits) $ 89,588 • Funding 911 Coordinator Position $ 31,789 Staff Training Cost of EMD and CPR refresher $ 40,230 Subtotal Dispatch Services Fee $ 525,061 Public Education Radio Spots for 911 Education $ 4,000 Educational Pamphlets on 911 use $ 3,000 Educational Flyers on PBX and 911 $ 1,500 CARE program supplies for schools $ 1,250 Postage for promo material $ 2,250 Subtotal Public Education $ 12,000 Maintenance & Repair Positron 911 equip. maint. $ 14,650 Logging Recorder maintenance $ 8,998 Subtotal Maintenance & Repair $ 23,648 Total Expenditures $ 947,063 Capital Outlay EMD Program Training, and Software $ 56,552 Replacement Monitors for 911 Screens $ 4,800 Install Backup 911 Trunks in Eagle backup Center $ 6,000 Total Capital Outlay $ 67,352 Total Use Of Funds $1,014,415 Fund Balance Estimated Beginning Fund Balance $ 134,705 Estimated 2006 Revenue $1,097,200 • Less Total 2006 Expenses 1,014=415 Estimated Ending Fund Balance $ 217,490 ,