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10. Approval - Addendum to 911 Interlocal AgreementOffice of the County Attorney Flathead County, Montana Kalispell, Montana 59903-1516 ?NOMASJ. ESCH, County Attorney JONA7HAN E SWM,, Chief Deputy DEA00 J. ILEY ER, Deputy RAADY K SCHwICKERT, Deputy EDWARD J. CORRIGAN Deputy PE7ER A. STEELF, Qeputy ERIC S HIIMMEL, Deputy TO: Eric Kaplan Glenn Neier John Phelps February 16, 1999 FROM: Jonathan B. Smith, De ut P.O. Box 1516 920 South Main Justice Center Second Floor (406) 758-5630 FAX (406) 758-5642 At the request of Whitefish, we are proposing the attached Addendum to the 911 Interlocal that the parties have recently approved. The Addendum will remove the language as shown on the last two pages of the attachment hereto (those two pages will not part of the Addendum). If you have any problems with this, please let me know by the end of the week. If I don't hear from anyone I will send out a final draft for consideration of the Board and Councils. ADDENDUM TO INTERLOCAL SERVICES AGREEMENT 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 A. BUDGET 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 Administrative 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 ECC Budget and submit said Budget to the County Commissioners in accordance with their appropriate budget timetables. The Administrative Board shall also submit written and verbal explanations for the proposed ECC 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 funds 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 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 budget year. B. CAPITAL IMPROVEMENT FUND OES 890311 1 Beginning in the 1999 budget year, ECC Budget will include an account entitled "Capital Improvement Fund". Each year the Administrative Board 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 gifts, 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 gifts for equipment and operations. Section 19 of the Agreement is amended to read as follows: 19. INDEMNITY AGREEMENT Each parry 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 effective on the date set forth above. ATTEST: Susan W. Haverfield, Clerk Liz Deputy BOARD OF COUNTY COMMISSIONERS Flathead County, Montana By Dale W. Williams, Chairman 2 OES 890311 ATTEST: ATTEST: ATTEST: Clerk Clerk Clerk COLUMBIA FALLS CITY COUNCIL Columbia Falls, Montana By Myrt Webb, City Manager KALISPELL CITY COUNCIL Kalispell, Montana By William E. Boharski, Mayor WHITEFISH CITY COUNCIL - Whitefish, Montana By Michael Jenson, Mayor ON THIS _ day of , 1999, before me the undersigned, a Notary Public for the State of Montana, personally 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. Notary Public for the State of Montana Residing at - My Commission Expires (NOTARY SEAL) 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 names 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 (NOTARY SEAL) ON THIS _ day 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 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 My Commission Expires (NOTARY SEAL) ON THIS _ day of , 1999, before 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, 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 SEAL) Notary Public for the State of Montana Residing at My Commission Expires OES 890311 4 10. FINANCES A. BUDGET 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 Administrative 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 ECC Budget and submit said Budget to the County Commissioners in accordance with their appropriate budget timetables. The Administrative Board shall also submit written and verbal explanations for the proposed ECC 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 funds 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 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 budget year. B. CAPITAL IMPROVEMENT FUND Beginning in the 1999 budget year, ECC Budget will include an account entitled "Capital Improvement Fund". Each year the Administrative Board 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. oES 89031 t 5 - • D OTHER FUNDING ECC may accept gifts, 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 gifts for equipment and operations. 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. OES 890311 6