HomeMy WebLinkAboutC21-346 CMRETAC IGAApproved by the BOCC-appointed Central Mountains RETAC members: November 28, 2018
SECOND AMENDED AND RESTATED INTERGOVERNMENTAL AGREEMENT
AMONG
CHAFFEE COUNTY, COLORADO
AND
EAGLE COUNTY, COLORADO
AND
LAKE COUNTY, COLORADO
AND
PARK COUNTY, COLORADO
AND
PITKIN COUNTY, COLORADO
AND
SUMMIT COUNTY, COLORADO
THIS SECOND AMENDED AND RESTATED INTERGOVERNMENTAL
AGREEMENT ("Agreement") is entered into this 15th day of October, 2021, by and among the
Board of County Commissioners of the County of Chaffee, Colorado (hereinafter "Chaffee"), Board
of County Commissioners of the County of Eagle, Colorado (hereinafter "Eagle"), Board of County
Commissioners of the County of Lake, Colorado (hereinafter "Lake"), Board of County Commissioners
of the County of Park, Colorado (hereinafter "Park"), Board of County Commissioners of the County of
Pitkin, Colorado (hereinafter "Pitkin"), and the Board of Commissioners of the County of Summit,
Colorado (hereinafter "Summit"), sometimes referred to herein as the "County" or "Counties" as the case
may be.
WHEREAS, pursuant to the provisions of Section 18 of Article XIV of the Colorado Constitution
and Section 29-1-203, C.R.S., as amended Chaffee, Eagle, Lake, Park, Pitkin, and Summit may cooperate
or contract with one another to provide any function, service or facility lawfully authorized to each
County; and
WHEREAS, the General Assembly of the State of Colorado revised the Colorado Trauma Care
System Act, Section 25-3.5-701, et seq., C.R.S. (hereinafter "Act"); and
WHEREAS, the Act mandated that multicounty Regional Emergency Medical and Trauma
Advisory Councils (hereinafter "RETAC"s) be created, which are to be comprised of no fewer than five
counties or with the governing body of a city and county, for the purpose of providing recommendations
concerning regional area emergency medical and trauma service plans in compliance with the
requirements of the Act; and
WHEREAS, the Counties created the RETAC, known as the Central Mountains RETAC ("CM
RETAC"), on July 1, 2000 through an Intergovernmental Agreement ("Original IGA") and amended such
agreement on September 6, 2003 ("First Amended IGA"); and
Page 1 of 7
Draft 04/30/2021
WHEREAS, the Counties recognize that appropriate care for those persons experiencing a medical
emergency or traumatic injury is immediately necessary and that much of the infrastructure and cooperative
spirit needed to create such a multicounty organization including shared resources, equipment, and facilities
that provide trauma service already exists; and
WHEREAS, the Counties support the legislative directive and will extend their best efforts to
implement the legislative directive consistent with the funding appropriated by the State of Colorado, or
other sources designated for this purpose; and
WHEREAS, the Counties desire to update the Original IGA as amended by the First Amended IGA
with this Second Amended and Restated Intergovernmental Agreement ("Amended and Restated IGA");
thus, superseding all previous agreements.
NOW, THEREFORE, for and in consideration of the mutual promises, covenants, and obligations
herein set forth, the Counties agree as follows:
1. Having dissolved their respective Area Trauma Advisory Councils, the Counties
established the CM RETAC on July 1, 2000 to recommend a regional emergency medical and trauma
system plan for the Counties and satisfy any other regulatory of statutory requirements and obligations of
the Counties pursuant to the Emergency Medical Services Act, § 25-3.5-101 et seq., C.R.S. and the Act, or
as expressly delegated by the Counties.
2. The CM RETAC does and shall equitably represent the interests of Chaffee, Eagle, Lake,
Park, Pitkin and Summit Counties.
3. In accordance with § 25-3.5-701, et seq., C.R.S. and the desires of the participating
Counties, the CM RETAC membership is comprised of eighteen (18) voting members, three (3) per each
County's appointment. In cooperation with the Counties, the CM RETAC shall strive to include the
following types of professions within its voting membership:
Voting members should include:
• Emergency Medical Technicians
• Trauma Surgeons
• Emergency Department Physicians
• Healthcare Facility Administrators
• Trauma Nurse Coordinators
• Local Government Representatives
• Emergency Medical Service Physician Advisors
• Ski Patrollers
• First Responders
• Primary Care Providers
No exact distribution of professions among voting members is required and the CM RETAC shall
also invite and encourage the people from key resource facilities to participate as non -voting members.
Existing members from the local Emergency Medical Services ("EMS") and Trauma Councils shall obtain
input from health care facilities and EMS providers within the area served by the CM RETAC to solicit
nominations and make a recommendation concerning the necessary appointments to their Board Of County
Commissioners ("BOCC") prior to April I" of each year. After a vote in the affirmative by a majority of
members at any official business meetings, the BOCC of each County will forward a slate of approved
candidates to the CM RETAC prior to May 30t1i of each year.
Page 2 of 7
Draft 04/30/2021
The BOCC for each participating County shall approve, under a separate county resolution according to the
policies and procedures specific to each County, each member by position, in order to serve as an official
member of the CM RETAC.
CM RETAC members shall serve at the pleasure of their appointing County and the appointing
County may remove or replace its appointees at will. Each County shall notify the CM RETAC in writing
of appointments, removals and resignations. Each County shall appoint a new representative within thirty
(30) days following a removal or notice of resignation. The Counties are encouraged to consider the
diversity of interests in the community and coordinate their appointments to maximize the breadth and
depth of representation on the CM RETAC. Additional representatives from other counties petitioning to
join the CM RETAC may only be added with the unanimous consent of the Counties.
4. The CM RETAC has adopted its own Bylaws as is necessary for the conduct of the CM
RETAC (the "Bylaws") and the Bylaws have been approved by the Counties. To the extent that there is
any conflict between this Agreement and the Bylaws, the Bylaws shall control.
5. The CM RETAC members shall elect a Board of Directors consisting six (6) directors, one
director from each participating County (the "CM RETAC Board"), in accordance with the Bylaws of the
CM RETAC, as amended from time to time. The Board of Directors shall in turn elect a Chairperson (or
president), Vice Chairperson (or vice president) and a Secretary/Treasurer in accordance with the Bylaws.
6. All meetings of the CM RETAC Members and the Board, and any subcommittee meetings,
where business is discussed, or at which formal action may be taken shall be open to the public and subject
to the Colorado Open Meetings Law § 24-6-401, et seq., C.R.S. Notices of all regular and special meetings
shall include an agenda and shall be posted in a designated public place at least twenty-four (24) hours in
advance (minimum one business day) of the commencement of the meeting. The frequency of meetings
shall be as set forth in the Bylaws. Quorum and voting requirements for Member and Board meetings shall
be as set forth in the Bylaws, as amended from time to time.
7. The CM RETAC is limited in its spending authority to the annual total budget approved
by the CM RETAC. Annual expenditures shall not exceed revenues, including any reserve funds, as
approved by the CM RETAC. The CM RETAC shall adhere to generally accepted accounting principles
and Colorado law. The CM RETAC shall not have the authority to create or incur any fiscal obligation on
behalf or with respect to the Counties, without the Counties' written consent.
The Counties understand that the fifteen thousand dollars ($15,000.00) per County, or other
amounts appropriated by the State of Colorado, shall be distributed to the CM RETAC by the State of
Colorado pursuant to § 25-3.5-603(3)(b)(I) C.R.S. In the event that the Counties offer financial support for
the CM RETAC, the CM RETAC shall notify the Counties of the anticipated contribution for the next year
including any proposed changes in the level of service by February 15, of each year. The Counties
understand that any financial support that they provide to the CM RETAC shall be accepted solely for the
purpose of CM RETAC system development and that the Counties may earmark the financial support that
they provide for any specific purpose or geographic area.
No later than May 31, of each year, the CM RETAC shall prepare a proposed annual budget for the
next fiscal year and shall submit a copy to the Counties. The proposed annual budget shall be balanced,
conform to the requirements of Local Government Budget Law of Colorado (§ 29-1-101 et seq., C.R.S.),
and shall include, at a minimum, a detailed estimate of all proposed expenditures, anticipated revenues, and
the contributions to be made by the Counties. The proposed annual budget shall contain a statement of the
level of service the RETAC anticipates it will provide for the next fiscal year and shall identify any change
in the level of service from the preceding year. The budget for the next fiscal year shall be adopted by the
RETAC no later than June 30, of the current year, after review and comment is received from the Counties.
Page 3 of 7
Draft 04/30/2021
In the event of unforeseen or unanticipated event that results in the need for additional funds, the CM
RETAC shall prepare an amended or supplemental budget and present a request for supplemental
contributions to the Counties for their consideration. Any request for supplemental contributions must be
accompanied by documentation supporting the need for the request, alternative courses of action and the
impact of not funding the request.
The fiscal agent for the CM RETAC may be one of the Counties and shall be determined by the
Board on an annual basis ("Fiscal Agent"). The Fiscal Agent shall provide for the keeping of accurate and
correct books of account on an accrual basis in accordance with the Local Government Accounting Law, §
29-1-501 et seq., C.R.S. and generally accepted accounting principles, showing in detail capital costs, costs
of special services, maintenance and operating costs and all financial transactions of the CM RETAC. The
Fiscal Agent's books of account shall correctly show any and all revenues, costs, expenses or charges paid
from or to be paid by funds obtained from federal or state sources, each of the Counties, private
contributions or revenue generated by the CM RETAC's activities. The Fiscal Agent's books shall be open
to inspection upon reasonable notice during normal business hours and the Fiscal Agent shall provide for
the auditing of all books and accounts and other financial records of the CM RETAC on an annual basis in
accordance with the Colorado Local Government Audit Law, § 29-1-601 et seq., C.R.S. by an independent
Certifies Public Accountant selected by the Fiscal Agent. The audit shall be supplied to the Counties upon
request.
Notwithstanding anything in this agreement to the contrary, financial obligations of the respective
Counties to make payments to the CM RETAC are expressly contingent upon funds for the intended
purpose herein being appropriated, budgeted and otherwise made available. In the event that funds are not
appropriated in whole or in part sufficient for performance of any County's obligation under this agreement,
or appropriated funds of the Colorado Constitution, then the non -funding party may terminate its
participation in this agreement and such termination shall not be deemed a default or breach of this
agreement by such party. This section of the agreement shall control and supersede all other provisions of
this agreement inconsistent therewith. It is the intention of the Counties that the annual appropriation
requirements set forth in this agreement shall bring this agreement and any renewals into compliance with
Article X, Section 20, of the Colorado Constitution.
8. The CM RETAC shall submit its recommended Regional Emergency Medical and Trauma
System Plan (the "Plan") for approval by the Counties on or before June 15th of each year. The Plan shall
conform to the requirements of § 25-3.5-704(2)(c) C.R.S. and other requirements duly established by the
Colorado Board of Health and the Colorado Department of Public Health and the Environment. The CM
RETAC shall secure approval from the Counties and submit the approved Plan to the Colorado State
Emergency Medical and Trauma Advisory Council pursuant to Colorado Revised Statutes.
9. The CM RETAC shall submit a report to the BOCC for each County participating in the
CM RETAC no later than May 15th of each year. The report will indicate the CM RETAC's
accomplishments to date and will list the goals of the CM RETAC for the coming year. The CM RETAC
may substitute the approved Plan to meet this requirement with the unanimous consent of the Counties.
10. Any notice required hereunder shall be given in writing and shall be sufficient if deposited
in the United States Mail, postage prepaid to:
Chairperson, Chaffee County Board of County Commissioners
P.O. Box 699
Salida, CO 81201
Chairperson, Eagle County Board of County Commissioners
P.O. Box 850
Page 4 of 7
Draft 04/30/2021
Eagle, CO 81631
Chairperson, Lake County Board of County Commissioners
P.O. Box 964
Leadville, CO 80461
Chairperson, Park County Board of County Commissioners
P.O. Box 220
Fairplay, CO 80440
Chairperson, Pitkin County Board of County Commissioners
3rd Floor Courthouse Annex
530 E. Main Street
Aspen, CO 81611
Chairperson, Summit County Board of County Commissioners
P.O. Box 68
Breckenridge, CO 80424
11. Any party to this agreement may terminate its participation in the CM RETAC with or
without cause upon six (6) months prior written notice to the other Counties and the Colorado Emergency
Medical and Trauma Services Advisory Council. The Counties agree that if funds are appropriated for the
CM RETAC by the County terminating its participation prior to that County's provision of written notice
of termination, such funds will be contributed to the CM RETAC by the terminating County during the
notice of termination period. The Counties agree that the CM RETAC will continue to provide services
during the notice of termination period.
After notice of termination, the Parties thereafter agree to negotiate a division of assets based on
the following guidelines:
(A) The Counties intend that such division of assets, to the extent possible will ensure that
the Counties continuing their participation maintain a viable RETAC.
(B) Upon dissolution of the CM RETAC, those assets which were contributed by a County
will be returned to the contributing County unless provided for differently in this agreement
or by other formal arrangement of the Counties. Assets contributed by the United States
Government, the State of Colorado, private contributors or other organizations will be
returned to the contributor.
(C) Any other assets remaining upon dissolution of the CM RETAC, after payment of
lawful debts and other encumbrances on the assets, shall be apportioned to the Counties in
the quantity and to the extent of the percentage share of each County's contribution for the
preceding fiscal year. The assets shall be apportioned equally if all Counties made no
contribution for the preceding fiscal year.
12. Nothing herein contained shall make or be construed to make the CM RETAC, Chaffee,
Eagle, Lake, Park, Pitkin or Summit, a partner of any other County or entity, nor is this Agreement intended
to create a separate governmental entity as the term is defined in Article I, Title 22, C.R.S.
Page 5 of 7
Draft 04/30/2021
13. This agreement shall be deemed to be made, shall be subject to, and shall be construed in
accordance with the laws of the State of Colorado.
14. Should any one or more paragraphs or provisions of this Agreement be judicially
determined invalid or unenforceable, such determination shall not effect, impair, or invalidate the remaining
provisions hereof, the intention being that the various provisions hereof are several.
15. This agreement embodies the entire agreement about its subject matter among the partied
and supersedes all prior agreements and understandings, if any, and may be modified, amended or
supplemented only by an instrument in writing executed by all parties to this agreement.
16. It is expressly understood and agreed that enforcement of the terms and conditions of this
agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the Counties,
and nothing contained in this agreement shall give or allow any such claim or right of action by any other
or third person or entity on such agreement. It is the express intention of the Counties that any person or
entity, other than the Counties that are parties to this agreement, receiving services or benefits under this
agreement shall be deemed to be incidental beneficiaries only.
17. No County shall assign any of the rights nor delegate any of the duties created by this
agreement without the written consent of the other Counties.
18. This agreement may be executed in counterparts, each of which, upon execution of a
counterpart by all Parties, shall be considered an original.
IN WITNESS WHEREOF, the Counties have caused this agreement to be executed on the date
first written herein.
ATTEST: BOARD OF COUNTY COMMISSIONERS
Clerk and Recorder
ATTEST:
Clerk and Recorder
M.
OF THE COUNTY OF CHAFFEE
Chairman
BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF EAGLE
Chairman
Page 6 of 7
Draft 04/30/2021
ATTEST:
M.
Clerk and Recorder
ATTEST:
Clerk and Recorder
ATTEST:
9Zo- fj'
Clerk and Recorder
ATTEST:
BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF LAKE
Chairman
BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF PARK
By: _
Chairman
BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF PITKIN
By: _
Chairman
BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF SUMMIT
Clerk and Recorder Chairman
Page 7 of 7
Draft 04/30/2021
14. Should any one or more paragraphs or provisions of this Agreement be judicially
determined invalid or unenforceable, such determination shall not effect, impair, or invalidate the remaining
provisions hereof, the intention being that the various provisions hereof are several.
15. This agreement embodies the entire agreement about its subject matter among the partied
and supersedes all prior agreements and understandings, if any, and may be modified, amended or
supplemented only by an instrument in writing executed by all parties to this agreement.
16. It is expressly understood and agreed that enforcement of the terms and conditions of this
agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the Counties,
and nothing contained in this agreement shall give or allow any such claim or right of action by any other
or third person or entity on such agreement. It is the express intention of the Counties that any person or
entity, other than the Counties that are parties to this agreement, receiving services or benefits under this
agreement shall be deemed to be incidental beneficiaries only.
17. No County shall assign any of the rights nor delegate any of the duties created by this
agreement without the written consent of the other Counties.
18. This agreement may be executed in counterparts, each of which, upon execution of a
counterpart by all Parties, shall be considered an original.
IN WITNESS WHEREOF, the Counties have caused this agreement to be executed on the date
first written herein.
ATTEST:
Clerk and Recorder
ATTEST:
Clerk and Recorder
ATTEST:
BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF CHAFFEE
By: - C r
Chairman
BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF EAGLE
Chairman
BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF LAKE
Page 6 of 7
Draft 04/30/2021
DocuSign Envelope ID: 3BBAC207-A536-4400-B902-3DF5272CB25F
11. 11- , - u,,....,— .... -, J—......-.—-'d_... ent Between Eagle County and the Regional Emergency Medical and Trauma Advi...
9
EAGLE COUNTY
Agenda Item Details
Meeting Jan 01, 2050 - *****Signature Workflow*****
Category A. BoCC Signature
Subject Intergovernmental Agreement Between Eagle County and the Regional Emergency Medical and
Trauma Advisory Council
Access Public
Type Action
Preferred Date May 25, 2021
Absolute Date May 25, 2021
Fiscal Impact No
Recommended Action Approve
Public Content
Prepared By: Rhea Silverkorn
Department: Administration
Executive Summary: Eagle County is part of Regional Emergency Medical and Trauma Advisory Councils (hereinafter
"RETAC"s) comprises Chaffee, Eagle, Lake, Park, Pitkin and Summit Counties. The purpose of the organization is to
provide recommendations concerning regional area emergency medical and trauma service plans in compliance with the
requirements of the Colorado Trauma Care System Act. The RETAC entered into an Intergovernmental Agreement on
July 1, 2000 and amended such agreement on September 6, 2003. The Counties desire to update the Original IGA as
amended by the First Amended IGA with this Second Amended and Restated Intergovernmental Agreement.
Sarah Weatherred, Executive Director, Central Mountains RETAC will be presenting.
Reviewing Attorney: Holly Strablizky
• BoCC signature?: Yes
Approved as ocuSigned by: DocuSigned by:
to form: E�6,
SfV'A��l *,St(>,At m
5241F210E44AA... 444EFF6D9F7F48E...
Administrative Content
The document Holly provided is the IGA and we will only be getting the Boards signature. Sarah is obtaining
the other county signatures and will collate and send us back the fully executed version once she has all 6
county signatures.
Executive Content
https://go.boarddocs.com/co/eagleco/Board.nsf/goto?open&login&id=C34MEU5982DF# 1/1
DocuSign Envelope ID: 3BBAC207-A536-4400-B902-3DF5272CB25F
14. Should any one or more paragraphs or provisions of this Agreement be judicially
determined invalid or unenforceable, such determination shall not effect, impair, or invalidate the remaining
provisions hereof, the intention being that the various provisions hereof are several.
15. This agreement embodies the entire agreement about its subject matter among the partied
and supersedes all prior agreements and understandings, if any, and may be modified, amended or
supplemented only by an instrument in writing executed by all parties to this agreement.
16. It is expressly understood and agreed that enforcement of the terms and conditions of this
agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the Counties,
and nothing contained in this agreement shall give or allow any such claim or right of action by any other
or third person or entity on such agreement. It is the express intention of the Counties that any person or
entity, other than the Counties that are parties to this agreement, receiving services or benefits under this
agreement shall be deemed to be incidental beneficiaries only.
17. No County shall assign any of the rights nor delegate any of the duties created by this
agreement without the written consent of the other Counties.
18. This agreement may be executed in counterparts, each of which, upon execution of a
counterpart by all Parties, shall be considered an original.
IN WITNESS WHEREOF, the Counties have caused this agreement to be executed on the date
first written herein.
ATTEST: B ARD OF COUNTY COMMISSIONERS
F THE COUNTY OF CHAFFEE
By:
Clerk and Recorder Chairman
ATTEST: 11
Z
uSigned/�by:
L' 15ku&
F96 62F246896440...
Clerk and Recorder
BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF EAGLE
By: 5DocuSigned by:
%'w
81 E7B2D718E0473...
Chairman
Page 6 of 7
ATTEST:
Clerk and order
ATTEST:
Clerk and Recorder
ATTEST:
Clerk and Recorder
ATTEST:
BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF LAKE
BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF PARK
By: _
Chairman
BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF PITKIN
By: _
Chairman
BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF SUMMIT
WE
Clerk and Recorder Chairman
Page 7 of 7
Draft 04/30/2021
Clerk and Recorder
ATTEST:
and Recorder
ATTEST:
Clerk and Recorder
ATTEST:
Clerk and Recorder
By:
BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF LAKE
Chairman
BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF PARK
By: (16� / �
Chairman
BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF PITKIN
By: _
Chairman
BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF SUMMIT
By:
Chairman
Page 7 of 7
Clerk and Recorder
ATTEST:
Clerk and Recorder
ATTEST:
Clerk and Recorder
ATTEST:
Clerk and Recorder
Chairman
BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF PARK
By:
Chairman
BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF PITKIN
By: _
Chairman
BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF SUMMIT
By: L�qk ��q_
Chairman
Page 7 of 7
Draft 9115/2020
