H1. Interlocal for Flathead City-County Health DepartmentCITY OF City of Kalispell
KTALISPELL post Office Box 1997 -Kalispell, Montana 59903-1997
elephone (406) 758-7700 Fax - (406) 758-7758
MEMORANDUM
To: Honorable Mayor Johnson and City Council
From: Doug Russell, City Manager
Re: City -County Health Department Interlocal
Meeting Date: October 4, 2021
BACKGROUND: The City of Kalispell and Flathead County have been operating the City -
County Health Department through an Interlocal Agreement established under the provisions of
Chapter 2, Title 50, Montana Code Annotated.
The 2004 Interlocal and an updated Interlocal is attached to this memo. This updated version
brings the Cities of Whitefish and Columbia Falls into the Interlocal and identifies the County as
the Governing Body in accordance with 50-1-101(8), M.C.A. This change provides the cities of
Whitefish and Columbia Falls the ability to appoint board members to represent their respective
entities.
The funding of the Health Department is identified in section 3. This will be similar to the
current methodology with the expense being levied by the County on a county -wide basis.
The Interlocal agreement was discussed during the work session on September 27. It has been
previously approved by Columbia Falls and is anticipated to be approved by the remaining
parties during the week of October 4.
RECOMMENDATION: It is recommended that Council approve the Interlocal agreement
between Flathead County and the Cities of Kalispell, Whitefish, and Columbia Falls.
ATTACHMENTS:
Draft Interlocal
2004 Interlocal
INTERLOCAL AGREEMENT
FLATHEAD COUNTY BOARD OF COMMISSIONERS
AND
CITIES OF KALISPELL, COLUMBIA FALLS, and WHITEFISH
THIS AGREEMENT is made and entered into this day of , 2021, by and
between FLATHEAD COUNTY BOARD OF COMMISSIONERS, Flathead County, Montana,
("County"), the CITY OF KALISPELL, the CITY OF WHITEFISH, and the CITY OF
COLUMBIA FALLS, municipal corporations in Flathead County, Montana, ("Cities"),
(collectively known as "Parties").
The City of Kalispell and the County previously agreed to maintain a City -County Health
Department by Interlocal Agreement dated May 19, 1976, and revised in 2004. That 2004
Interlocal Agreement shall be terminated by mutual consent on the date on which this Agreement
becomes effective. It is the intent of the parties that the present City -County Health Department
shall remain intact, but shall function under this Agreement as of its effective date.
The purpose of this Agreement is to maintain one organization that has county -wide
jurisdiction in matters of health.
The Parties hereby agree to the following purposes, powers, rights, obligations and
responsibilities:
1. Commencing with the signing by all Parties of this Interlocal Agreement
("effective date"), this Agreement shall run until terminated as provided in paragraph 4
below.
2. Upon the effective date of this Agreement, a Flathead City -County Health
Department shall be established under the provisions of Title 50, Chapter 2, M.C.A.
(2021), as may later be amended. The Flathead City -County Health Department
("Department") will operate under the supervision and control of the Flathead City -
County Health Board ("Board").
3. The manner of financing this joint undertaking and establishing and maintaining a
budget therefore shall be in accordance with § 50-2-111(1), M.C.A, as follows: the
Parties mutually agree that County shall be responsible for 100% of the total expenses of
the Department and Board. The total expenses will be financed by an appropriation from
the general fund of the County after approval of a budget in the way provided for other
county offices and departments under Title 7, chapter 6, part 40. This appropriation will
be funded by a County -wide mill levy (including the properties inside the municipal
boundaries), subject to Section 15-10-420, M.C.A. The Parties agree that this funding
arrangement will continue so long as this Agreement is in effect.
4. Upon mutual consent of the Parties this Agreement may be terminated. Any Party
may initiate termination of this agreement by passage of a resolution of the governing
body of that Party and service of written notice upon the remaining Parties that it intends
to withdraw at least sixty (60) days prior to the date of the intended withdrawal and
consequent termination. Upon termination hereof, any property acquired by the
Department shall revert to County.
5. The Department will be administered in accordance with the statutes of Montana
and/or resolutions passed by the respective governing bodies. The Parties mutually agree
that the Board shall be composed of nine members, appointed as follows: One Flathead
8. The Board has the powers and duties enumerated in § 50-2-116, M.C.A. (2021),
and as otherwise authorized or imposed by law.
9. The Board may acquire, hold and dispose of any personal property used in this
joint undertaking. All personal property heretofore acquired by the Department shall
remain the property of the City -County Health Department established herein.
10. No new, separate legal entity is created by this Agreement.
IN WITNESS WHEREOF, the authorized representatives of the Parties have hereunto affixed
their respective signatures in approval of this Agreement on the day and year indicated.
STATE OF MONTANA
SS
COUNTY OF FLATHEAD
CITY OF COLUMBIA FALLS, MONTANA
A municipal Corporation
City Manager
On this day of , 2021, before me, a Notary Public, in and for the
State of Montana, personally appeared , known to me to be the
City Manager of the City of Columbia Falls, Montana, and acknowledged to me that said City
executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and
year above written.
(Seal)
STATE OF MONTANA
:SS
COUNTY OF FLATHEAD
Notary Public for the State of Montana
Residing at , Montana
My Commission expires
CITY OF KALISPELL, MONTANA
A municipal Corporation
City Manager
On this day of , 2021, before me, a Notary Public, in and for the
State of Montana, personally appeared , known to me to be the
City Manager of the City of Kalispell, Montana, and acknowledged to me that said City executed
the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and
—nQv oiknvA vrrii*an
STATE OF MONTANA
SS
COUNTY OF FLATHEAD
CITY OF WHITEFISH, MONTANA
A municipal Corporation
City Manager
On this day of , 2021, before me, a Notary Public, in and for the
State of Montana, personally appeared , known to me to be the
City Manager of the City of Whitefish, Montana, and acknowledged to me that said City
executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and
year above written.
(Seal)
STATE OF MONTANA
:SS
COUNTY OF FLATHEAD
Notary Public for the State of Montana
Residing at , Montana
My Commission expires
BOARD OF COMMISSIONERS
FLATHEAD COUNTY, MONTANA
Chairman
On this day of , 2021, before me, a Notary Public, in and for the
State of Montana, personally appeared , known to me to be the
Chairman of the Board of County Commissioners, Flathead County. Montana, and
acknowledged to me that such Board of County Commissioners executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and
year above written.
(Seal)
Notary Public for the State of Montana
Residing at , Montana
My Commission expires
INTERLOCAL AGREEMENT
[-�LATAEAD
,4,VD
CITY OF KALISPELL
5M 7-E 0FJd01V MNA
C004TY0FFLA714EAa
47,{l RGcoa
rpur
00 PAID
/a
THIS AGREEMENT is made and entered into this - / / day of
Jtt 1 2&, by and between FLATHEAD COUNTY BOARD OF
COMMISSIONERS, Flathead County, Montana, hereinafter referred to as "County"
and the CITY OF KALISPELL, a municipal corporation, Flathead County, Montana,
hereinafter referred to as "City".
The City and the County previously -agreed to maintain a City -County Health
Department, by Interlocal Agreement dated May 19, 1976. That agreement shall be
terminated by mutual consent on the date on which this agreement becomes effective,
by the execution of this agreement. It is the intent of the parties that the present City -
County Health Department shall remain in tact, but shall function under this
agreement as of its effective date.
The City and County hereby agree to the following purposes, powers, rights,
obligations and responsibilities:
I Commencing with the date of filing of this Interlocal Agreement with
the Clerk and Recorder of Flathead County and the Secretary of State
of Montana, this agreement shall run until terminated as provided in
paragraph 5 hereof.
2. A City -County Health Department shall be established under the
provisions of Chapter 2, Title 50, Montana Code Annotated. The City -
County Health Department will operate under the supervision and
control of the City -County Health Board as set out in Section 6 below.
3. The purpose of this agreement is to maintain one organization that has
countywide jurisdiction in matters of health.
4. The manner of financing this joint undertaking and establishing and
maintaining a budget therefore shall be in accordance with Section 50-
2-111(2), as follows: The City and County hereby agree that the
Wom
2 0 0 413 4 4
expenses of the City -County Health Department will be apportioned by
the use of a ratio which will result in the City and the County levying
an identical mill -levy, allowed by Section 50-2-111 (2)(b) and (c),
M.C.A., in order that all property in Flathead County, outside of the
City limits of the city of Kalispell, will be levied upon equally.
Upon agreement of both the County and the City this agreement may
be terminated. Either party may terminate this agreement by passage of
a resolution of the governing body of that party and service of written
notice upon the remaining party that it intends to withdraw, at least
sixty (60) days prior to the date of the intended withdrawal and
consequent termination. Upon termination hereof, any property
acquired by the City -County Health Department shall revert to the
County.
6. The City -County Health Department will be administered in
accordance with the statutes of Montana and/or resolutions passed by
the respective governing bodies. The City -County Health Board shall
be composed of nine members, appointed as follows: one member to
be appointed by, and serve at the pleasure of, the Board of County
Commissioners; one member to be appointed by, and serve at the
pleasure of, the Kalispell City Council; and seven members to be
appointed by, and serve at the pleasure of, the Board of County
Commissioners, to represent population centers in the County which
are not entitled to representation by statute; provided however that the
members of the present City -County Health Board shall remain on the
Board for the duration of their present appointments.
7. The City -County Health Board may acquire, hold and dispose of any
personal property used in this joint undertaking. All personal property
heretofore acquired by the City -County Health Department shall
remain the property of the City -County Health Department established
herein.
WOTOI
2004344
IN WITNESS WHEREOF, the representatives of the respective agencies have
hereunto affixed their respective signatures in approval of this agreement the day and
year first above written.
ATTEST:
ity Clerk
SEA
STATE OF MONTANA)
.SS
COUNTY OF FLATHEAD)
CITY OF KALISPELL, MONTANA
c i-val Corporation
Mayor
I'll, 0
-921, UP, 1 8 00M
- 0 pool," wwalAffmaj
On this ff day of _bWeMW(2004 before me, a Notary Public in and for the State of
Montana, personally appeared and
—1 known to me Lu be the Mayor and City Clerk of the City of
Kalispell, Montana, and acknowledged to me that said City executed the same.
F, I have hereunto set my hand and affixed my official seal the day
'k�ffljN�IEREO 'a
and ymr a Ve. e
(Se4
Notary Public for the State of Montana
% SEAL Residing at Kalispell, Montana
My Commission expires, Q�
STATE
SS
COUNTY OF FLATHEAD)
On this q "-" day of �A�, 20-,�?14 before me a Notary Public in and for the State of
Montana, personally appeared Aa'-d , /,U - G;z —1 known to me to be the
Chairman of the Board of County !Commissioners, Flathead County, Montana, and acknowledged to me
that such Board of County Commissioners executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day
and year first above written.
MONICA R. EISENZIMER
NOTARY PUBLIC-MONTANA
Residing at Columbia Falls
State of Montana
My Comm. Expries Dec. 30,2007
Notary Public �for'-tjhh�etate �ofiMo Xua
Residing at Kalispell,Montana
My Commission expires /-
77
3 of 3