Common use of Enumerated Powers Clause in Contracts

Enumerated Powers. Without in any way limiting the plenary powers set forth in subsection (1) above, the Governing Body is specifically authorized to undertake all actions for the installation, administration, management, operation, maintenance, upgrade, and enhancement of emergency telephone service and emergency notification service within the Governing Body's jurisdiction that the Governing Body believes are necessary and appropriate and consistent with applicable law, including but not limited to: a. imposing, collecting, and auditing all charges and surcharges in the Governing Body’s jurisdiction as set forth in Part 1 of Title 29, Article 11, as may be amended, and expending such funds as authorized by statute and this Agreement. b. owning, operating, maintaining, leasing (as Lessor or Lessee), selling, or otherwise disposing of any legal or equitable interest in real and personal property. c. adopting budgets, maintaining bank accounts, and investing funds. d. carrying over funds which have not been used in a given fiscal year to the following fiscal year. e. negotiating, entering into, amending (if necessary), and performing contracts. f. adopting, reviewing, and amending the Bylaws and passing resolutions not in conflict with this Agreement. g. adopting, reviewing on an annual basis, and amending (if necessary) the Governing Body’s intergovernmental agreements other than this Agreement, as well as policies, protocols, procedures, or rules and regulations (collectively, "Policies") related to the provision of emergency telephone service and emergency notification service within the Governing Body's jurisdiction on subjects including but not limited to: o Human Resources o cost sharing o street naming o pictometry o geographic information systems (GIS) o Master Street Address Guide (MSAG) o 911 Call Flow/Routing o use of the backup PSAP o 911 network o fiber optic cable (leasing and owning) o customer-premises equipment (CPE) and other equipment o computer aided dispatch (CAD) system o Combined Regional Information Systems Project (CRISP) o insurance for PSAP equipment owned by the Governing Body and located at a facility owned by a Party o emergency alert systems (selection and use) o complex emergency events o records retention and compliance with applicable law o training, accreditation, and certification o Emergency Medical Dispatch (EMD) o call boxes o finances and investments In the event of a conflict, direct or indirect, between a provision the Policies and this Agreement, this Agreement shall control. h. determining who is authorized to send emergency alerts and the circumstances under which they may be sent. i. adopting a policy regarding street naming after collaboration with the Parties in whose jurisdiction the street is located. j. adopting systems (software, hardware, and protocols) for Emergency Medical Dispatch (EMD). k. conducting joint, partnership, cooperative, or other operations with other individuals and entities. l. employing agents, accountants, attorneys, engineers, consultants, and other advisors. m. incurring and paying debts, liabilities, or obligations, including borrowing and executing documents incidental thereto. n. issuing bonds, notes, or other obligations payable from the revenues derived or to be derived from the revenue of the Governing Body as permitted by applicable law. o. suing and being sued in its own name. p. receiving contributions, gifts, bequests, grants, cash, equipment, or services from the Parties or any other public or private individual or entity. q. after a formal Resolution of the Board, admitting a new signatory to this Agreement who becomes a Party without formal amendment of this Agreement, so long as each new signatory qualifies under C.R.S. §§ 29-1-202 and 203, has the approval of its legislative body or other authority having the power to so approve, and signs a document memorializing its admission. r. participating in committees, groups, and organizations at the federal, state, and local level whose work relates to emergency telephone service and emergency notification service, including laws, regulations, and rules related thereto. s. any other act which the Governing Body believes is reasonably necessary for the exercise of its powers and the performance of its obligations under this Agreement.

Enumerated Powers. Without in any way limiting the plenary powers set forth in subsection (1) above, the Governing Body is specifically authorized to undertake all actions for the installation, administration, management, operation, maintenance, upgrade, and enhancement of emergency telephone service and emergency notification service within the Governing Body's jurisdiction that the Governing Body believes are necessary and appropriate and consistent with applicable law, including but not limited to: a. imposing, collecting, and auditing all charges and surcharges in the Governing Body’s jurisdiction as set forth in Part 1 of Title 29, Article 11, as may be amended, and expending such funds as authorized by statute and this Agreement.. DRAFT b. owning, operating, maintaining, leasing (as Lessor or Lessee), selling, or otherwise disposing of any legal or equitable interest in real and personal property. c. adopting budgets, maintaining bank accounts, and investing funds. d. carrying over funds which have not been used in a given fiscal year to the following fiscal year. e. negotiating, entering into, amending (if necessary), and performing contracts. f. adopting, reviewing, and amending the Bylaws and passing resolutions not in conflict with this Agreement. g. adopting, reviewing on an annual basis, and amending (if necessary) the Governing Body’s intergovernmental agreements other than this Agreement, as well as policies, protocols, procedures, or rules and regulations (collectively, "Policies") related to the provision of emergency telephone service and emergency notification service within the Governing Body's jurisdiction on subjects including but not limited to: o Human Resources o cost sharing o street naming o pictometry o geographic information systems (GIS) o Master Street Address Guide (MSAG) o 911 Call Flow/Routing o use of the backup PSAP o 911 network o fiber optic cable (leasing and owning) o customer-premises equipment (CPE) and other equipment o computer aided dispatch (CAD) system o Combined Regional Information Systems Project (CRISP) o insurance for PSAP equipment owned by the Governing Body and located at a facility owned by a Party o emergency alert systems (selection and use) o complex emergency events o records retention and compliance with applicable law o training, accreditation, and certification o Emergency Medical Dispatch (EMD) o call boxes o finances and investments In the event of a conflict, direct or indirect, between a provision the Policies and this Agreement, this Agreement shall control.. DRAFT h. determining who is authorized to send emergency alerts and the circumstances under which they may be sent. i. adopting a policy regarding street naming after collaboration with the Parties in whose jurisdiction the street is located. j. adopting systems (software, hardware, and protocols) for Emergency Medical Dispatch (EMD). k. conducting joint, partnership, cooperative, or other operations with other individuals and entities. l. employing agents, accountants, attorneys, engineers, consultants, and other advisors. m. incurring and paying debts, liabilities, or obligations, including borrowing and executing documents incidental thereto. n. issuing bonds, notes, or other obligations payable from the revenues derived or to be derived from the revenue of the Governing Body as permitted by applicable law. o. suing and being sued in its own name. p. receiving contributions, gifts, bequests, grants, cash, equipment, or services from the Parties or any other public or private individual or entity. q. after a formal Resolution of the Board, admitting a new signatory to this Agreement who becomes a Party without formal amendment of this Agreement, so long as each new signatory qualifies under C.R.S. §§ 29-1-202 and 203, has the approval of its legislative body or other authority having the power to so approve, and signs a document memorializing its admission. r. participating in committees, groups, and organizations at the federal, state, and local level whose work relates to emergency telephone service and emergency notification service, including laws, regulations, and rules related thereto. s. any other act which the Governing Body believes is reasonably necessary for the exercise of its powers and the performance of its obligations under this Agreement.