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7. Resolution 5437 - Budget Appropriation - 911 CenterCity of Kalispell Post Office Box 1997 -Kalispell, Montana 59903 Telephone: (406) 758-7701 Fax: (406) 758-7758 To: Mayor Tammi Fisher and City Council FROM: Jane Howington, City Manager SUBJECT: Budget Appropriation - Fiscal Year 2011 Budget for the Flathead County 911 Emergency Coordination Center MEETING DATE: June 21, 2010 BACKGROUND: In 2007, the City of Kalispell entered into an agreement with Flathead County, whitefish, and Columbia Falls to consolidate emergency dispatch services. Subsequently, a countywide levy was approved to construct a facility for this purpose. That facility has been completed and is now operational. The interlocal agreement specified that a final operating budget would be required to be approved by all four entities prior to its implementation. The attached resolution sets forth the City of Kalispell's contribution. The budget breakdown and interlocal agreement are also attached. The funding formula, from which the payment allocations are based, is grounded in the census counts from the last decennial census. A future funding committee has been established to monitor how the funding formula works and to consider any alternative methodologies that may develop. The budget was prepared as a best estimate of a new operation and will probably need modifying as the year proceeds. The administrative board, the operations board, and the administrative staff feel comfortable, however, that the bottom line is sound. As the operation of the center progresses, quarterly activity reports will be provided to each of the subscribing entities. RECOMMENDATION: Approve the appropriation of the City of Ialispell's share of the Fiscal Year 2011 Budget for the Flathead County 911 Emergency Coordination Center. FISCAL IMPACTS: $352,266 from the general fund. Respectively submitted, Yane Howington City Manager RESOLUTION NO.5437 A RESOLUTION APPROVING THE FISCAL YEAR 2011 BUDGET FOR THE FLATHEAD COUNTY 911 EMERGENCY COORDINATION CENTER (E911 DISPATCH), AS IT REGARDS THE CONTRIBUTION OF THE CITY OF KALISPELL. WHEREAS, the Kalispell City Council adopted Resolution 5172 on January 16, 2007 in support of 911 Emergency Dispatch and Communications consolidation and authorized the City Manager to negotiate with the other local agencies; and WHEREAS, the Kalispell City Council passed a motion on July 21, 2008 to commit to funding the operational and maintenance costs of a proposed E911 Emergency Dispatch and Communications Center based upon the formula in the existing interlocal agreement for a period of two years or until such time as a new interlocal agreement is negotiated; and WHEREAS, in November, Zoos the voters of Flathead County approved a bond issue to finance the expenditure for capital improvements to house a consolidated E911 Emergency Dispatch and Communications Center; and WHEREAS, the Kalispell City Council passed Resolution No. 5355 on April 20, 2009 approving an interlocal agreement with Flathead County, the City of whitefish, and the City of Columbia Falls regarding the sharing of costs of emergency communication services (E911 Dispatch); and WHEREAS, pursuant to the process approved by the above described interlocal agreement, the Flathead City/County 911 Administrative Board has proposed a fiscal year 2011 budget in which the revenues derived from the contribution of the City of Kalispell is $352,266; and WHEREAS, the Kalispell City Council finds that the budgetary process used by the Flathead City/County 911 Administrative Board is consistent with the interlocal agreement governing such process and that the contribution of $352,266 from the City of Kalispell for fiscal year 2011 is appropriate and should therefore be approved. Now, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL AS FOLLOWS: SECTION I. That the sum of $352,266 contribution from the City of Kalispell for the operations of the Flathead County 911 Emergency Coordination Center for fiscal year 2011 is hereby approved. PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY OF KALISPELL, THIS 21 ST DAY OF JUNE, 2010. Tammi Fisher Mayor ATTEST: Theresa white City Clerk PROPOSED 911 FY2011 BUDGET a/o June 9, 2010 ........ .......... . ... . . . . ... .. .............. ............ ............ . . . .... .... .... ...... . .. .. . .. . .. ........ ......... .... ...... . . .... . . .. .... ..... ... . .. . .. .. .... ...... .. . .. .. . .. . .. . ...... . .. . . .. .................. ....... ..... . . ........ ... .... ..... .... ... . . .... . ... .. .. .. ... . . . . ........ ............... .. ... .... . . ..... ON:-. DESC RIPT . . . .. . .............. .. .-TOTAL FUND 2950 23,620 FUND 40Z5 4i4X4 FUND 4026 695,822 . . . . . ........................ . . .. . 1.1 EMERGENCY -NUMBER _,0_30 INVESTM-ENT EARNINGS 3,000 3.,000 FLATHEADCOUNTIV, - 169%) 1,279,280 1�279,280 WHI-11-EFISH = (7%) �129.,782 129,782 COLUMBIA FALLS:= (5%) 924701 921701 .KALJSPELL:- (.19%1 ..... ....... . .. . .. .. ..... ---------------- 3 5 2 V266 352,266 U WI . . .... .... 5ALARIP-5 1324,272 OV E RT I N! E_ 45.,OOG 4 HOLIDAY (overtme' 33o4-00 3 CLOT H ING ALLOWANCE 12.,000 ..... . . ... ....... . . .............................. . 12 000. TOTAL SALARIES. A14,672 -414. 1, ,672... U NEM PLOYME NT 3,524- 3 ,55 24 WORK COMP 14,638 -4 63;3 GROUP INSURANCE 268,494 2 :-94 F IC 87i4-83 8 7A83 PERS 99,71 98,710 FICA MY.-D 20,517 20,577 LIFE INSURANCE ------- ----- - 000-332 TAL BENEFITS - ------ - - --------------------------- ---- - ---- - -------- .. . ... .. .. ... 4:94 -4-. ........... ....................... . 49414SO: F, A ...... . ......... . ig F44 in OFFICE SUPPLIES 3j000 . 3.F&C0 ALL PTA EQUIP 20,000 20,13130 E SOF-PWARE, KARDWARE, COMPUTER 15,000 OPERATING SUPPLIES 4,000 4 GAS OIL DIESEL ro,000 OPERATRING EXP UTILITIE 6,000 ES) POSTAGE; 600 5 0 PRENTPING,, DUPLICATING, TYPING Soo Soo E PUSU CITY, 5 U BS(_7111 PT IONS 500 Soo VirmsERSHIPS/REGISmATIONS 2,000 2,1000 TELEPHONE 162,500 REP PAINT MTR VEH 3 ,50 3 5.0 - REPAIRS/0-1 HER MACH EQUIP 22: 5, CE 0 0 61FRAVEL 8,000 80000 TRAINING SERV 47,600 4700 ME H E R ACONTRACTED SUV 214., 1 23-4,700 TRANSFER TO 4025- SPIT AL OUTLAY --- - - ----- --------------------------------------- . .. ......................... ................................. .... ............ .. . .. . .. ...... ...... ... .. . . .. .. T :OPE E XPE N i D1. WR ES . . . .. . ...... .... .. ... . .. . . . ... .... .... . .. ... . . . . . . . . . ... ............ . ........ ........ ... . ......... . . . . .... .... ... ..... . . .. .............. FUND 2850 PROJECTED CASH (7/1110) . .. .. . ...... .......... FUND 4025 PROJECTED CASH (7/1/10) 741,900. FUND 4026 PROJECTED CASH (7/1/10) THIS AGREEMENT i s made and entered into by and arnong Flathead. County, the City of Columbia Falls, the City of Kalispell, and the City of Whitefish. The effective date of this Agreement is the l st day of February, 1999, with implementation of consolidated PSA P co-v iunication services to commence upon Administrative Board authorization. WHEREAS, the legislature of the State of Montana has provided through the "Interlocal Cooperation Act", as codified M. Section 7--11-101, et seq., MCA., the needed statutory authority and opportunity for Flathead County and the incorporated cities to enter into a contract and agreement to cooperatively establish, maintain, and operate a Flathead County 9-1-1 Emergency Coordination Center; and WHEREAS, the parties hereto now operate independent emergency commum*cations facilities which serve as a 9-1-1 public safety answering points (PSAP) for police/laver enforcement, fire protection services, and emergency medical services, have employed skilled personnel in connection therewith, and have certain equipment used to perform. such. -1-1 public safety communication services; and WHEREAS, the parties and the residents of Flathead County would benefit both yin. terms of efficiency and public safety from a consolidated 9--1-1 public safety answering point providing service to Flathead County, the Cities, the Fire protection Districts and Fire Service Areas, and licensed Emergency .Medical Services 'Within the County. VaMREAS, it is the desire and intent of all parties to this Agreement to enhance both police/law enforcement and fire protection operations as well as emergency medical service operations and other various public safety service operations in Flathead County, all in a manner that will offer optimum opportunities for public support and confidence, effectiveness of operations, efficiencies and economies of operation, cooperation between junWictions, avoidance of unnecessary duplications of expenditures and efforts for attracting financial assistance from state, federal, and private resources, for hrnplernentation while yet assuring and enhancing the continuance and effectiveness of local policy and administrative control of police/law enforcement, fire, emergency medical service, and other public safety operations. NOW, therefore, in consideration of the mutual covenants, terms, and conditions agreed to by Flathead County and each of the municipalities who are parties to this A areernent, the parties oEs 890311 agree as follows. - CREATION OF ENHANCE 9-1-1 EMERGENCY COORDINATION CENTER A. There is hereby created a consolidated county wide enhanced 9-1-1 public safety answering point (PSAP), hereinafter called `Flathead County 9-1-1 Emergency Coordination Center", or "ECC"'. The parties hereto each assign to said ECC the responsibility for enhanced 9-1-1 PSAP telecommunications for the purpose of can.solidat�ng emergency E9-1 -1 call -taking within the borders of Flathead County, provide for police/law enforcement public safety dispatch point (PSDP) selective call transfers, fire and EMS basic emergency direct dispatch in these participating incorporated and unincorporated areas of Flathead County which are under J urisdiction of any party to this Agreement. B. In consideration of the agreements of the parties hereto the Flathead County 9-1-1 Emergency Coordination. Center shall provide police/law enforcement, fire, and EMS support communications to the signatories of this Agreement. The Flathead County 9-1-1 Emergency Coordination. Center shall provide the services by radio and/or telephone. Nothing Within this Agreement shall relieve the units, entity, or agency from their responsibilities to provide their own equipment for radio transmitting and receiving commurucation.s from. Flathead County 9-1--1 Emergency Coordination. Center and their own equipment for communications among their own personnel, unless otherwise set forth in this Agreement. C. The Flathead County Treasurer will act as the Treasurer of ECC. The previously created and established special 9-1-1 funds shall continue to be the depositary for all 9-1-1 funds received from the State of Montana on behalf of the parties hereto on a quarterly basis. All proper claims, as allowed by the Administrative Board in accordance with the MCA, provisions and any other applicable statutes, shall be paid from those f mds. The Administrative Assistant shall manage the funds for the Administrative Board. All ECC employees are employees of the Flathead County sheriffs office and shall be paid on Sheriffs Office payroll. D. ECC shall be under the direction and control of the Administrative Board. It is separate from any existing emergency response agency for operational control. Any and all operational and/or procedural matters not otherwise delegated to the Sheriff shall be decided upon by the Administrative Board. 2. SERVICES TO BE PROVIDED BY EMERGENCY COORDINATION CENTER. oEs 990311 2 The ECC will provide the following services to its members: A. Law Enforcement public safety dispatch point (PSDP) selective call transfer to participating law enforcement agencies. B. Basic emergency dispatch services for all fire departments, fire districts, fire service areas, and licensed emergency medical services. C. Coordination of local and countywide multi --agency and/or multi jurisdictional emergencies and disaster response. I ESTABLISHMENT OF ADN41MSTRATIVE BOARD There is hereby established an Administrative Board consisting of the following members: A. Elected officials: 1. The Flathead County Sheriff 2. one Member of the Columbia Falls City Council, to serve at the pleasure of the Columbia Falls City Council 3, one Member of the Kalispell City Council, to serve at the pleasure of the Kalispell City Council 4. one Member of the Whitefish City Council, to serve at the pleasure of the Whitefish City Council 5. one Member of ` the Flathead County Board of Commissioners, to serve at the pleasure of the Board of Commissioners B. Appointed officials-, . The Flathead County Admnustrative Assistant 7. The Flathead County Emergency Services Coordinator 8. one Columbia Falls public Safety official, to serge at the pleasure of the Columbia Falls City Council . 9. one Kalispell public Safety Official, to serve at the pleasure of the Kalispell City Council 10. one Whitefish Public Safety official, to serve at the pleasure of the Whitefish City Council C. appointed Representatives: o.S 890311 3 11.. One public representative 12. One Rural Fire Chief representative 1.3. The Flathead County EMS Physician. Medical Director The appointed representative(s) listed in items eleven (11) and twelve (12) above shall be appointed by the Administrative Board to represent the general public and all rural fire services; these aforementioned appointed representative(s) shall serge on the Administrative Board for two calendar years. The Flathead County EMS Physician Medical Director shall represent all licensed EMS services. The Sheriff' shall represent all law enforcement agencies. D. Organization of the Administrative Board 1. A quorum for the Adm.i.0 mstrative Board shall consist of any eight (8) members. The Chairperson of the Board shall vote on all issues unless abstaining. 2. Each agency or group represented by a Board member, as provided above, shall designate an alternate for each. Board member. The narnes of the Board member and alternate shall be sent to E C in meting to be filed, and shall be updated in writing by each board, council, or commission whenever the designees are changed, whose name shall be filed with ECC, and who shall act as an. alternate Board member and attend all of the .Administrative Board meetings in lieu of the Beard member for whore such person is to act as an alternate at such times as the duly designated member 'is not otherwise available to attend the meetings. The alte+;sate shall have full powers to vote and act as a Board member at all such meetings that such alternate attends in lieu of the regularly designated. Board member. 3. The members of the Administrative Board shall elect a chairperson of the Administrative Board who shall preside at all meetings of the Administrative Board. The members of the Administrative Board shall elect a Vice -Chairperson who shall preside at meetings of the Administrative Board when the Chairperson is absent. 4. The Flathead County Emergency Services Coordinator or his/her designee shall act as Secretary of the Administrative Board. 5. The .Administrative Board shall adopt, and have authority to arnend, by-laws that shall define the operational and procedural parameters of :ACC. (DES 890311 4 E. The functions of the . d inistrative Board shall be as follows. - Budget formulation, approval and recommendation to the Flathead County Commissioners. 2. Development of call taking, selective call -transfer and dispatch procedures and policies. 3. providing continuous quality improvement monitoring and review of ECC performance. 4. Development of priorities, policies and procedures for E9- i - I system enhancement, program u g, implementation and equipment usage. 5. Review of the adirlir�.strati.ve and operational policies of ECC. 6. Establish policies for expenditures of budgeted items for ECC. 7. Approval of new equipment proposals. 8. Approval of payment for all bills. 9. Contracting for services such as legal, technical consulting, etc. 1.0. Annual performance and quality control audits, copies of which shall be furnished each party to this Agreement. F. The .�►dmin strative Board may contract with non-member public and private orga nations or agencies for emergency communications alarm systems, and other communication services. Such organizations or agencies shall be charged a standard rate for these services as established annually by the Administrative Board. G. No member of the Administrative Board shall be paid for his/her services thereon. H. Each member of the Admimstrative Board shall have an equal vote in Adrmn.istrative Board decisions. The Sheriff shall not vote on any matters, except in the event of a tie vote. 4. ESTABLISHMENT OF TECHNICAL ADVISORY oMMIT TEE S Three technical advisory committees to the Administrative Board shall be formed, one for Police/Law Enforcement, one for Fire Services, and one Emergency Medical Services. oEs 890311 5 0-7 A. LAW ENFORCEMENT TECHNICAL ADVISORY COMMITTEE. The Later Enforcement Technical advisory Committee shall be comprised of the followm*g members: the Flathead County Sheriff; the Columbia Falls Chief of police, the Kalispell Chief of Police, the Whitefish Chief of Police, and representatives from local State and federal law enforcement agencies, appointed as necessary, by a majority vote of the Law Enforcement Technical Advisory Committee. Each committee member shall designate an alternate member from his/her agency who shall attend the Technical Advisory Committee meet' at such tunes the duly designated committee member is .not otherwise available to attend the meeting. The alternate committee member shall have full pourers to vote and act as a Technical Advisory Committee member at all meetings the alternate conunittee member attends in lieu of the regularly designated con�ttee member. Only agencies served by ECC may be members of the Law Enforcement Technical ,advisory Committee. B. FIRE SERVICE TECHNICAL ADVISORY COMMITTEE. The Fire Service Technical Advisory Committee shall be comprised of the following members: The Fire Chief of Columbia Falls, Kalispell, and VA-fitefish, the Fire Chief and Trustee Chairman from each Fire District and Fire Service Area served by ECC. Each committee member shall designate an alternate member from his/her agency who shall attend the Fire Service Technical Advisory Committee meeting at such tunes the duly designated committee member is not otherwise available to attend the meeting. The alternate committee member shall have full pourers to vote and act as a Committee member at all meetings the alternate committee member attends hx lieu of the regularly designated committee member. only agencies served by ECC may be members of the Fire Service Technical advisory Committee. C. EMERGENCY MEDICAL SERVICES TECHNICAL ADVISORY COMMITTEE. The Emergency Medical Services Technical Advisory Committee shall be comprised of the following members: The Flathead County EMS Physician medical Director, the EMS Service Physician Medical Directors, and the EMS Service Directors from each licensed Emergency medical Service seared by ECC, and a representative from Kalispell Regional Medical Center, and North valley Hospital. Each committee member shall designate an alternate member from his/her agency who shall attend the EMS Technical Advisory Connnittee meeting at such times the duly designated committee member is not otherwise available to attend the meeting. The alternate committee member shall have full powers to vote and act as a Committee member at all meetings the alternate committee member attends in lieu of the regularly designated committee member. Only agencies served by .ACC may be members of the EMS Technical Advisory Committee. oEs 890311 6 IquUU740 /OJ,10 D. Each. Technical Advisory Committee may recommend operational changes. All revisions to operational procedures are subject to review by the ECC Director and Administrative Board. E. The Technical. Advisory Committees shall be standing committees and shall meet at such time as the committees shall determine. The Administrative Board"s appointed Rural Fire Chief and the Flathead County EMS Physician Medical Director shall each serve as Chairperson who shall conduct the meetings and assume other functions, as the committees shall determine. The Later Enforcement Technical Advisory Con n ittee shall select a Chairperson who shall conduct the meeting and assume other functions as the committees shall determine. The Chairperson of the Fire and EMS Technical Advisory Committees and. Sheriff shall advise the Administrative Board at its regularly scheduled meetings of the ' needs of the operating agencies seared by ECC. The Flathead County Emergency Services Coordinator or his/her designee shall serve as secretary to the Law Enforcement, Fire and EMS Technical Conunittees. 5. DIRECTOR OF THE EMERGENCY COORDINATION CENTER A. The Sheriff shall serve as the EC Director. B. The FCC Director shall be responsible for administration, budget, personnel, dispatching, records, communications, and other Communications Center functions in conformance with the policies of the Administrative Board. C. The ECC Director shall have authority and responsibility to schedule, hire, train and discipline, up to and including termination, all ECC personnel Within the documented personnel policy guidelines established by Flathead. County. D. The ECC Director, with the Administrative Board, shall prepare for the consideration of Flathead County and each municipality who is party to this Agreement a proposed annual budget in a manner established by Flathead County. 6. FACILITIES ECC shall lease from the Flathead County Sheriff s office space located in the Justice Center Building, 920 South Main Street in. Kalispell until the Administrative Board determines that ECC location be changed. FCC budget shall include payments to the Flathead County in consideration of said lease in amounts agreeable to ECC and Flathead County and shall also include consideration for Janitorial services, utility costs, and other services prodded. to EC by Flathead County. oEs 890311 7 The *initial lease shall be for a period of ten years, or so long as ECC exists with option to renew. Necessary space or environment changes can be recognized by renegotiations of the lease amount. Either party with a rninknum of twelve months notice may terminate said lease. 7. EQUIPMENT ECC shall own all equipment procured for purposes of establishing and maintaining operations. This includes all office furniture as well as office, radio, data, telephone equipment, etc. ECC shall own all future equipment acquired for expansion of operations including any remote radio equ*IPM ent deemed necessary. ECC members shall be individually responsible for the provision of equipment for communicating with the ECC or among their personnel. Each member shall retain the responsibility and authority for its operational agency and for such equipment and services as required at its place of operations to connect to the EC 's operations. Interconnecting selective call transfer telecommunications equipment shall be included in. the ECUs budget, as determm* cd by the Administrative Board. Each member shall be responsible for purchasing, maintaining, and repairing their own base, mobile, and portable communications equipment. 8. RADIO FRE4UENCY LICENSES The present ECC Members holding FCC Radio Frequency Licenses for existing radio channels, which are to be included in the ECC, shall be responsible for making necessary arrangements to include the ECC as an authorized user. Each member shall be responsible for reviewing, renewmg, and updating as needed their respective agency Federal Communications Conu-nission licenses. 9. INSURANCE ECC shall obtain and maintain liability insurance and replacement value insurance covering all equipment owned by the ECC. The insurance carriers, level of coverage, deductibles and other significant coverage issues shall be as is agreeable to the majority of the Administrative Board. Each member shall be named as additional insured on the liability coverage. ECC shall additionally obtain and maintain other insurance policies as may be required by applicable law or majority vote of the parties hereto. lo. FINANCES The ECC Director, with the assistance of the Administrative Board shall each year in. OEs 890311 accordance with the County' s budget timetables, prepare a proposed project plan and Budget of revenue and expenditures for the operation of the BCC for the next calendar year on or before the first Tuesday of April preceding the new budget year. A meeting of the Administrative Board shall be called, for the purpose of reviewing and approving the proposed budget on or before the first Tuesday of May. The Admm* istrative Board shall approve the proposed BCC Budget and submit said Budget to the County Cowssioners in accordance with their appropriate budget timetables. The Admim*strative Board shall also submit Witten and verbal explanations for the prop6sed. BCC Budget. Said Budget shall be consistent with the budgeting, accounting, and reporting system and Flathead County budget procedures. Said Budget may be subject to amendment by the Admirustrative Board as to detail in accordance With Flathead. County budget procedures and laws provided. Any budget or budget amendment which authorizes expenditures above the total amount of 9-1-1 funds received from. the State shall also be subject to approval by the Columbia. Falls, Kalispell, and VVhitefish City Councils and the Flathead. County Board of Commissioners, and those governments shall share the total cost of any such increase in expenditures, that has been approved by all four parties, in the same proportions as their contribution percentage established by the State for the payment of 9-1-1 funds for that Jmcrget year. ■� M Beginning in. the 1999 budget year, BCC .Budget will include an account. entitled "Capital Improvement Fund". Each year the Admm" istrative Board roust place funds into this account based on the anticipated cost of capital improvements planned for the future by the Administrative Board. All interest income, which is realized as a result of investing monies in the Capital .Improvement Fund, will remain in the Capital Improvement Fund. The Admir'strative Board may, by Resolution, expend funds in the Capital Improvement Fund for equipment upgrade and replacement. C. COST DISTRIBUTION In conjunction with the development of the annual budget, the Administrative Board Will prepare a methodology, based on the following formula, for the distribution of BCC operating costs to the parties to this Agreement. For the purposes of this Agreement, costs will be determined in proportion to the parry's contribution percentage previously established by the State for the payment of 9-1-1 funds for that budget year. oB 890311 9 !',__0z0'Yk99074 IDD-10 D. OTHER FUNDING EEC may accept gifts, or loans of money, equipment, or services from any lawful source. EC shall also cooperate in all ways with local, state, and federal government agencies and any private funding sources to ma �e the use of or gifts for equipment and operati o n.s. 11. DURATION AND TERMINATION This Agreement shall rernam in effect until the parties hereto unanimously agree to dissolve ECC. Except as otherwise specifically provided herein, any party to this Agreement may withdraw from. ECC upon one (1) year's written notice to the Administrative Board. The withdrawal of a party from this agreement shall not result in any change of ownership of any property; any ply, by withdrawing, sal waive any claim it might have to property. In the event that this Agreement is terminated by mutual consent of the parties, any property shall either l be divided among the parties pursuant to an agreement reached by the parties at the time of termination., or in lieu of such agreement, (ii) be sold pursuant to the statutory provision then in effect with regard to the sale of County property. In the event of a sale, the proceeds shall he divided among the parties pursuant to agreement of the parties or, in lieu of such agreement, by using the percentages of contributions of each party to the ECUs budget for its last year of operation. 12. TECHNICAL EXPERTISE The ECC may provide to the Administrative Board or any party to this Agreement any technical expertise as may be required for proper operations of their systems and for procurement of their communications equipment and otherwise in, furtherance of the poses of ECC. 13. TERMINATION OF OTHER AGREEMENTS Upon operational functioning of ECC, any contracts for public safety agency dispatch communication services between user members and other parties to this Agreement shall terminate. 14. ADMISSION of NEW PARTIES Additional public safety entities that are not signatories to this Agreement prior to the -initial funding period may be added to this Agreement upon such terms and conditions as agreed oEs 890311 10 IL999074 / 0;Q upon by the parties to this Agreement. The admission of such additional parties shall be by Witten. addendum to this .Agreement, signed by a majority of the parties at that time and the additional parties. 15. 9--1- 1 EMERGENCY TELEPHONE SYSTEM With the cooperation of the telephone companies, the Administrative Board shall approve and implement an Enhanced 9--1-1 Emergency Telephone System insofar as practical for use vith%n �e service area served by ECC. The Director, under direction of the A.dm*rnistrative Board, shall administer the countywide Enhanced 9-1-1 Telephone System as an operational function of ECC in accordance with MCA and other pertinent statues. All costs of administration of the E -1 -1 system shall be paid from. Flathead County Sheriff s office and Mate E9- 1 - 1 funds_ This Agreement may be amended at any time by a written agreement approved by the legislative bodies of all parties to this Agreement. 17. sEyERAB1h,1TY If any provision of this Agreement or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of this Agreement, which can be given effect without the invalid provision or application, and to this end the provisions of this Agreement are declared to be severable. 18. FILING As provided by MCA 7-11-• 107, this Agreement shall be filed prior to its entry in force with the Flathead County Clerk and Recorder and the Secretary of the Mate of Montana. 19. INDEMNITY AGREEMENT Each party to this Agreement agrees to hold harmless and indemnify the other parties to this Agreement for loss or damage of any mature arising from provision of law enforcement, fire and EMS services and/or equipment by each member=s employees or agents in aid of any other party. This provision is consistent with Montana Code rotated and is intended as clarification. Specifically, the party receiving the aid shall interpret action under the direction and control of a party to this Agreement solely as direct control of actions. otherwise the primary commissioning agency remains liable or responsible for the actions of its employees oE5 8903 11 1_999074 /0 *D- I# or agents. 20. DEFINITIONS Fire and EMS Basic Emergency Dispatch: ECC transfer of emergency call inforrnnation including time of call, agency acknowledgment time, agency enroute/response time, and agency arrival/on.-soene tie. Later Enforcement Selective Transfer: transfer of all later enforcement calls to the identified P S DP for appropriate dispatch. ECC - Emergency Coordination Center: a protected site from which government officials' coordinate, monitor, and direct emergency response activifies ding an emergenev or disaster. we IN WITNESS WHEREOF, the parties hereto have subscribed their signatures to this Agreement effective on the date set forth. alcove. i w • �&ISMIV. HaVV rfield, Clerk .. , f By a Deputy r r erk r a !• A T. 1- q [ t � w Clerkw Y � r •r - r • t BOARD OF COUNTY COMMISSIONERS Flathead County, Montana R j B Dale W. Williams, Chairman COLL3MBIA FALLS CITY COUNCIL Columbia Fails, -Montana By � Myrt Webb, y Manager KALI SPELL CITY COUNCIL Kalispell, Montana By W -harsk 1 40 William E. Boharskil Mayor 12 IL999074 WHITEFISH CITY COUNCIL Whitefish, Montana ATTEST: : By -9•' V hae ,�enso ayor • is e Clerk ON `HIS ;�*7 iA- day of 1999, before me the undersigned, a Notary Public for the State of Montana, perso ally appeared Dale 'W. Williams, Chairman., Board of Commissioners, and Michelle Anderson, Deputy Clerk and Recorder, known to me to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same. *,,,,►t : t# Notary Public for the State of Montana Residing at " • r ' My Comnu*ssion Expires la - .• r►- 7 SEAL) - r wr • ly 1 _ - • 1. R �ti��S day of 1999, before me the undersigned, a rotary Public for the State of Montana, personally appeared Myr t Webb , g r .- of the City of Columbia Palls, Montana, and Connie Igo no t zk e , Clerk, City of Columbia Falls, Montana, known to me to be the persons whose names are subscribed to the within 'instrument and acknowledged to me that they executed the same. Notary Public for the State of Montana Residing at f � �..�• Icy Coramiss on. Expires OVU ON THIS ,lkeOay of �, 1999, before me the undersigned, a Notary Public for the State of Montana, personally appe ed William. E. Boharski, Mayor of the City of Kalispell, Fontana, and , `Clerk, City of Kalispell, Montana, known to me to be the persons whose names are subscribed to the Within instrument and acknowledged to me that they executed the same. 13 :199 9074 10D- Notary Public for the State of Montana Residing at My Commission Expires (NOTARY SF,,ft,* Its ON THIS day of 1999, befmun i/zt t, ore e the dersigned, a Notary Public for the State of Montana, personally appeared Michael Jenson,, Mayor of the City of Whitefish, Montana and 147; -�'. Clerk, Cky of Wl-iitefish, Montana, known to me to be the p ersons "hose names are subscribed to the w*thin instrument and acknowledged to me that they w I executed the same. (NOTARY SEAL) Notary Public for the State of Montana Residing at My Commission Expires OES 890311 14 Flathead County 9-1-1 Emergency Coordination Center THIS AGREEMENT is made and entered into by and among Flathead County, the City of Columbia Falls, the City of Kalispell, and the City of Whitefish. The effective date of this Addendum is the 15th day of March, 1999. Section 10 of the Agreement is amended to read as follows: 10. FINANCES The ECC Director, with the assistance of the Administrative Board shall each year in accordance with the County's budget timetables, prepare a proposed project plan and Budget of revenue and expenditures for the operation of the ECC for the next calendar year on or before the first Tuesday of April preceding the new budget year. A meeting of the Admu' li'stra.tive Board shall be called, for the purpose of reviewing and approving the proposed budget on or before the first Tuesday of May. The Administrative Board shall approve the proposed EEC Budget and submit said. Budget to the County Commissioners in accordance with their appropriate budget timetables. The Adrnimstrative Board shall also submit written and verbal explanations for the proposed EC, Budget. Said Budget shall be consistent with the budgeting, accounting, and reporting system. and Flathead County budget procedures. Said Budget may be subject to amendment by the Administrative Board as to detail in accordance With Flathead County budget procedures and laws provided. _ Any budget or budget amendment which authorizes expenditures above the total amount of 9-1-1 ids received from the State shall also be subject to approval by the Columbia Falls, Kalispell, and Whitefish City Councils and the Flathead County Board of Commissioners, and those governments shall share the total cast of any such increase in expenditures, that has been approved by all four parties, in the sane proportions as their contribution percentage established by the State for the payment of 9-1- 1 funds for that budget year. B. CAPITAL IMPROVEMENT FUND Beginning in. the 1999 budget year, ECC Budget will include an account entitled Capital Improvement Fund". Eadh year the Admi ni strati.ve B o and must place funds into this account based on the anticipated cost of capital improvements planned for the future by the Administrative Board. All interest income, which is realized as -a result of investing monies in the Capital Improvement Fund, will remain in the Capital Improvement Fund. The Administrative Board may, by Resolution, expend funds in the Capital Improvement Fund for equipment upgrade and replacement. C. OTHER FUNDING ECC may accept guts, or loans of money, equipment, or services from any lawful source. ECC shall also cooperate in all ways with local, state, and federal government agencies and any private funding sources to maximize the use of or guts for equipment and operations, Section. 19 of the Agreement is amended to read as follows: 19. INDEMNITY AGREEMENT Each party to this Agreement agrees to hold harmless and indemnify the other parties to this Agreement for loss or damage of any nature arising from provision of law enforcement, fire and EMS services and/or equipment by each member's employees or agents in aid of any other party. IN WITNESS WHEREOF, the parties hereto have subscribed their signatures to this Agreement efective on the date set forth above. BOARD OF COUNTY COMMISSIONERS Flathead County, Montana �.� aVerfiel Clerk B ~� :., - ���__i" . ,., •- Dale W. Williams, Chairman $r . '�►: -""p .'Deputy DES 890311 2 lerk Dept t Ak ATTEST: Clerk *A4'kST- 41 """` 6 �`'� :• 7 e, f Wit Clerk KALI PELL CITY COUNCIL Kalispell, Montana By WM William E. Boharski, .mayor WHITEFISH CITY COUNCIL VVhitef sh, Montana Michael Yetn, Mayor •- . ON T IS day of 1999 before me the undersigned, a Notary Public for the State of Montana, personally appeared Tale W. Williams, Chairman, .hoard of Commissioners, and Michelle Anderson, Deputy Clerk and Recorder, known to me to be the persons whose names are subscribed to the within instr=ent and acknowledged to me that fey executed the same. ...... dill; Notary Public for the State of Montana Residing at .� My Commission Expires AJ*l �NOTARY SEAL) t ON THIS day of 1999 before me the undersigned, a Notary Public for the State of Montana, personally appeared Myrt Webb, City Manager of the City of Columbia Falls, Montana, and .... . :: �� - ►.. * , Clerk, City of Columbia Falls, Montana, known . ... ..... ... .. to me to be the persons whose narnes are subscribed to the within instrument and acknowledged OES 890311 3 to me that they executed the same. Notary Public for the State of Montana Residing at My Commission Expires zc ON THIS, of � -,, 1999, before me the undersigned, a Notary Public for the State of Montana, personally appeared William E. Boharski, Mayor of the City of Kalispell, Montana, and. Theresa White, Clerk, City of Kalispell, Montana, Known to me to he the persons whose names are subscribed to the within instrument and acknowledged to me that they executed. the same. y� Y1 ►■ R f► r y ■ • tir r r ar Votary Public for the State of Montana Residing at � My Commission Expires 0 (NOTARY SEAL) ON THIS day of &L 6 199,97before me the undersigned,, a Notary Public for the State of Montana, personally appeared Michael Jenson., Mayor of the City of Whitefish, Montana, and Clerk, City of Whitefish, Montana,, anon to me to he the persons whose names are subscribed to the within l.nstrument and acknowledged to nee that they executed the same. Notary Public for the State of Montana Residing at:•� .� , _. �-,� �� �..� My Commission Expires (NOTARY SEAL) r r'~ r ► R +. 4 "�fa►i.f•s