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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