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05. Resolution 5355 - Interlocal Agreement - 911 CenterCity of Kalispell Post Office Box 1997 - Kalispell, Montana 59903-1997 Telephone (406) 758-7701 Fax - (406) 758-7758 April 20, 2009 TO: Mayor & City Council FRM: Interim City Manager Re: Flathead Emergency Communications Center Interlocal Agreement (911 Interlocal Agreement) Attached is a letter from the county commissioners requesting the city council approve the 911 Interlocal Agreement by 22 April. The agreement is also attached. The agreement has been approved by the county commissioners, and the city councils of Whitefish and Columbia Falls. The agreement establishes a governing board that will administer the new centralized 911 dispatch center approved by county voters last November. The center will start construction soon and be finished by the end of the calendar year. Full operation is expected not later than 1 July 2010. The operation of this center will improve significantly the emergency services provided by local governments. Since Kalispell is the largest contributor of emergency services in the county it is important that the agreement be approved and a Kalispell representative is on the board when the important early decisions are made. Preliminary budget estimates are $2,144,432 for the first year. At this level Kalispell's contribution would be $312,000 if 2000 census figures are used and as much as $378,000 if 2010 data is available. The projected cost for Kalispell dispatch services in FY2010 is $470,000. It may appear that the city will save some money but this is difficult to confirm since city dispatchers also do some administrative work. Action: Recommend that the council approve the 911 Interlocal Agreement. f Myrt We Interim City Manager A RESOLUTION APPROVING AN INTERLOCAL AGREEMENT WITH FLATHEAD COUNTY, THE CITY OF WHITEFISH AND THE CITY OF COLUMBIA FALLS, MONTANA, REGARDING EMERGENCY SERVICES COMMUNICATION (911 DISPATCH) SERVICES. WHEREAS, the City of Kalispell has been in discussions with Flathead County, the City of Whitefish and the City of Columbia Falls regarding the consolidation of 9-1-1 Emergency Dispatch and Communication services throughout Flathead County since at least 1993; and WHEREAS, the Kalispell City Council adopted Resolution 5172 on January 16, 2007 in support of 9-1-1 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 9-1-1 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, 2008 the voters of Flathead County approved a bond issue to finance the expenditure for capital improvements to house a consolidated 9-1-1 Emergency Dispatch and Communications center. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL AS FOLLOWS: SECTION I. That the Interlocal Agreement, a copy of which is attached hereto as Exhibit "A", and incorporated herein by reference, is hereby approved and adopted and the Kalispell City Manager is authorized and directed to execute such Agreement on behalf of the City of Kalispell. PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY OF KALISPELL, THIS 20TH DAY OF APRIL, 2009. Pamela B. Kennedy Mayor ATTEST: Theresa White City Clerk Flathead County Board of Commissioners (406) 758-5503 Joseph D. Brenneman James R. Dupont Dale W. Lauman March 17, 2009 The Honorable Pam Kennedy City of Kalispell P. O. Box.1997 Kalispell, Montana 59903-1997 RE: Flathead Emergency Communications Center Interlocal Agreement Dear Mayor Kennedy: ���Trtegi�c o :5 y •P� =C ��x or nioy`�P We understand that the committee of elected representatives (county and cities) working on a new interlocal agreement (Interlocal) to move forward with the consolidated Flathead Emergency Communications Center (Center) agreed to take the proposed Interlocal to their respective governing bodies in a timely fashion. We fully support the consensus opinion of this committee that the current interlocal agreement and board structure is not acceptable for the consolidated operations planned for the new Center. Due to the urgency of this matter we are contacting you at this time. The voter -approved building project is out for bid and the opening will be on March 31, 2009. We have obtained major grant funding for equipment, hardware and software to create a state-of- the-art communication center. We are progressing with plans for the transition involving a physical move from the current location and we will address all of the staffing and personnel issues involved that will depend on the level of participation committed to by the county and each of the three cities. Time is of the essence and we can no longer delay firm commitments by all parties that wish to be involved in this fully consolidated Center. The plan is to have the Center in place and staffed for the full range of communications services no later than July 1, 2010. We are confident that all four governmental entities could be served by that date. Flathead County unanimously approved the new Interlocal on March 16, 2009. The Columbia Falls City Council also approved the new Interlocal on March 16, 2009. The consolidation of dispatch services for Columbia Falls, and other municipalities that sign the new Interlocal, into the combined Center will be done as soon as feasible and agreeable to the parties involved. 800 South Main ** Kalispell, Montana 59901 ** Fax (406) 758.5861 March 17, 2009 Page 2 We are requesting that the cities of Kalispell and Whitefish notify Flathead County no later than April 22, 2009 of their up or down vote on the Interlocal document that the committee tentatively approved on February 20, 2009 for submittal to the four parties. If we do not hear from either or both parties by this date, we will assume you are not in support of the proposed Interlocal. Then we can proceed as we deem necessary to move this project forward. We cannot afford continued indecision and delay. While we are hopeful you will agree to be a parry to this new Interlocal, we respect your decision regarding the level of participation you deem appropriate and we will continue to work cooperatively as best we can to provide professional reliable dispatch service for all residents of Flathead County. Please apprise us no later than April 22, 2009, of your city's decision on this matter of extreme importance. Sincerely, FLATHEAD COUNTY BOARD OF COMMISSIONERS Dale W. La an, Chairman Jos h . Brenneman, Member es R. Dupont, Me er c: Turner Askew, Whitefish.City Council Member Duane Larson, Kalispell City Council Member Mike Sheppard, Columbia Falls City Council Member Jonathan Smith, Deputy Flathead County Attorney 1NTERLOCAL AGREEMENT THIS AGREEMENT is made and entered into by and among the following Montana public agencies within the meaning of the Interlocal Cooperation Act: Flathead County, hereinafter called "County"; The City of Columbia Falls, hereinafter -called- "Columbia-Fall-s!,- The City of Kalispell, hereinafter called "Kalispell"; The City of Whitefish, hereinafter called "Whitefish". WHEREAS, Title 7, Chapter 11, Part 1, M.C.A., known as the "Interlocal Cooperation Act," permits local governmental units to make the most efficient use of their powers by enabling them to cooperate with other local governmental units on a basis of mutual advantage and thereby to provide services and facilities in a manner and pursuant to forms of governmental organization that will accord best with geographic, economic, population, and other factors influencing the needs and development of local communities; WHEREAS, said Act provides that an Interlocal agreement may be authorized and approved by the governing body of each party to said contract; WHEREAS, the Flathead County Sheriff's Office and each of the Cities Police Departments, as well as many other emergency response agencies, are in need of dispatch services; WHEREAS, currently within Flathead County there are separate dispatch operations within the County and the three Cities; WHEREAS, the aforesaid local governmental units have determined it most desirable and efficient to consolidate the dispatch of law enforcement and emergency response personnel into one operation and one staff serving all of the governmental entities; WHEREAS, the parties to this agreement agree that a central administrative body composed of representatives of the signatories of this agreement should be established for the Page 1 of 12 purpose of administering and setting the policies for such a staff as well as to coordinate its work in light of the priority of need; WHEREAS, the parties to this agreement agree that the administration of the County's Office of Emergency Services and the Flathead County Fire Service Area should be coordinated with dispatching emergency services; and WHEREAS, the citizens of Flathead County approved a bond issue for funding for an Emergency Communications Center. NOW THEREFORE, it is agreed by and among the parties as follows: I. ESTABLISHMENT OF FLATHEAD EMERGENCY COMMUNICATIONS CENTER There is hereby established a "Flathead Emergency Communications Center Board." Said body shall be referred to hereinafter as the "BOARD." The BOARD is established as an administrative body for policy making and financial budget preparation and administration for the Flathead Emergency Communications Center (hereinafter, the Center). The BOARD shall be composed of six (6) members, as follows: 1. The Flathead County Sheriff, 2. A County Commissioner chosen by the Board of County Commissioners; 3. The County Attorney or other elected County officer; and 4. An elected official or designee from each of the cities of Kalispell, Whitefish and Columbia Falls. Any expenses incurred by a member will be paid for by the governing body which said member represents. The BOARD shall elect a Presiding Officer from its members, and shall conduct meetings on a quarterly basis. A special meeting of the BOARD may be called by the Presiding Officer or by two members upon two days' written notice to all members. Page 2 of 12 The BOARD shall adopt by-laws to govern its organization, internal affairs, meetings, and items of general administration in conformity with this agreement; such by-laws may be amended from time to time upon concurrence of four members of the BOARD. The BOARD shall follow the open meetings and public participation standards of a political subdivision of the state. Its financial statements shall be discrete and reasonably available for public scrutiny. The BOARD shall not act except at a meeting in which a quorum, consisting of a majority of the members, is present and upon the majority vote of those members present. The BOARD shall appoint a committee within three months of the execution of this agreement to study funding issues and to search for funding mechanisms that are more appropriate and acceptable to the parties to this Agreement. The committee shall make its recommendations within two years of its formation. II. PURPOSE The purpose of this agreement is to consolidate all dispatch services in Flathead County and the Cities in Flathead County into one operation and one staff in order to provide efficient service to all emergency responders and to coordinate the County's Office of Emergency Services and Flathead County Fire Service Area responsibilities with the dispatch center. The service will include receiving calls concerning governmental services outside of regular business hours which may not involve emergency response but do require timely governmental action, such as problems with governmental water and sewer facilities. The consolidated Center will result in better service for all emergency responders, thereby benefiting all citizens of the County and the Cities by facilitating more timely response of emergency responders for all citizens requiring such services. Page 3 of 12 STAFF The BOARD and the Board of Commissioners of Flathead County will jointly employ, by contract, a Director who shall work under the BOARD and work under the Board of Commissioners. Both the Board of Commissioners and the BOARD must agree to any termination of employment that might be initiated in regard to the Director during the term of the Director's contract. In the event that either the Board of Commissioners or the BOARD is not satisfied with the performance of the Director at the end of the contract term, the Director shall not be granted a new contract. The Director shall hire and direct dispatch staff and technical staff (radio, IT and GIS) and shall be responsible for operation of the Center, under the supervision of the BOARD. The Director shall hire and direct staff to carry out the responsibilities of the County's Office of Emergency Services and the Flathead County Fire Service Area under the supervision of the Board of Commissioners. The BOARD shall adopt administrative policies to govern its staff s rights, duties, salary schedules, fringe benefits, and such other matters as may be proper and necessary to the efficient and harmonious operation thereof. Dispatch and technical staff personnel shall be employees of the BOARD. The administrative policy adopted by the BOARD shall recognize and provide for all rights and duties as are provided by law for all public employees. In any mandatory matters relating to public employees, the laws applicable to the County shall govern. The County will contract with the BOARD to administer the personnel record -keeping functions and to allow the employees to join the County health insurance program. The BOARD will be responsible for all employer contributions and premiums for health insurance benefits provided to the employees. Page 4 of 12 The BOARD will also provide for Workers' Compensation coverage, Unemployment Insurance and general liability and errors and admissions insurance, retirement benefits, and all other benefits of the staff of the Emergency Dispatch Center. The Director's responsibilities with regard to the staff hired to carry out the responsibilities of the County's Office of Emergency Services and the Flathead County Fire Service Area shall be carried out under County Personnel Policy. Those staff members will be County employees. IV. FINANCE Prior to the 15th day of April of each year, the Director shall prepare an estimated overall budget for the Center for the following fiscal year; said budget shall include the income, costs and expenses of the Center and staff provided for herein. The funds for all members received from the State pursuant to Section 10-4-302, M.C.A., will be budgeted by the BOARD and will be used for installing, operating, and improving the 9- IA emergency telephone system. The BOARD shall designate to each party served by the Center a proportionate share of the remainder of the funding for said budget based upon the population of each of the Cities and of the County outside of the Cities as determined in the latest United States census completed every ten years. In addition, the County will fund one-half of the salary of the Director and of an Office Assistant, including one-half of benefits, for provision of services in carrying out the County's responsibilities for the Office of Emergency Services and the Flathead County Fire Service Area. The Flathead County Treasurer shall act as the Treasurer for the BOARD. Each party agrees to budget and to pay to the Flathead County Treasurer, under the provisions of the Local Page 5 of 12 Government Budget Act (Title 7, Chapter 6, Part 40, or successor legislation) the amount designated by the BOARD for Center operation. a PROPERTY The Center building will be owned by Flathead County. No rent will be charged to the other parties of this Agreement. Furniture and office equipment provided by the County with the Center will be owned by the County. All furniture, office equipment, automobiles, and major items of personal property purchased by the BOARD, and accumulated cash, shall remain the property of the BOARD as long as this agreement remains in effect. The County shall be responsible for insuring the building and any personal property belonging to the County. The BOARD shall be responsible for insuring any personal property acquired by it under this Agreement. The parties agree that staff hired to carry out the responsibilities of the County for the County's Office of Emergency Services and the Flathead County Fire Service Area may be housed in the Center. The BOARD and the County will share all maintenance costs for the building, including major maintenance items such as roof and furnace/boiler replacement, in the proportion of square footage allotted to staff carrying out dispatch functions and to staff carrying out the County's responsibilities for the Office of Emergency Services and the Flathead County Fire Service Area. The withdrawal of a party from this agreement, pursuant to Paragraph IX, shall not result in any change of ownership of any property owned by the BOARD; any party, by withdrawing, shall waive any claim it might have to property owned by the BOARD. In the event that this agreement is terminated by mutual consent of the parties, any property then owned by the Page 6 of 12 BOARD shall either (i) 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 be divided among the parties pursuant to an agreement reached by the parties at the time of termination or, in lieu of such agreement, by using the percentages used to determine the contributions of each party to the BOARD in its budget for its last year of operation. VI. COUNSEL The Flathead County Attorney shall provide the BOARD with necessary legal advice and counsel as requested, at no extra cost to the BOARD or the City parties hereto. VII. PRIOR AGREEMENT The parties hereto did, on March 15, 1999, file an Interlocal Services Agreement, and an Addendum thereto, establishing the "Enhanced 911 Emergency Coordination Center." Said agreement is by instant agreement terminated by the mutual consent of all parties. VIII. ESTABLISHMENT OF ADVISORY COMMITTEE An advisory committee shall be formed and shall be composed of the following members: 1. one representative from Sheriffs Office; 2. one member from either police or fire from each participating city; 3. one rural fire representative to be appointed by the County Chiefs Association; 4. one appointee for the EMS community appointed by the City/County Health Board; 5. the dispatch supervisor; Page 7 of 12 6. up to 2 public at -large members to be appointed by the BOARD to serve two year terms. The at -large positions shall be appointed by the BOARD from a list of applicants. The BOARD shall give notice of the availability of the positions by article in the newspaper, and seek applications therefore at least 30 days prior to filling the positions. The Advisory Committee shall meet monthly and at such other times as the committee shall determine or when requested by the BOARD. The members shall elect a Chairperson who shall conduct the meetings and assume other functions as the committee shall determine. The Advisory Committee shall adopt by-laws and shall provide advice and evaluation for the BOARD and the Director on the following: Call -taking, selective call -transfer and dispatch procedures and policies. 2. Continuous quality improvement monitoring and review of Center performance. 3. Priorities, policies and procedures for E9-1-1 system enhancement, programming, implementation and equipment usage. 4. Administrative and operational policies and procedures of the Center. 5. New equipment proposals. 6. Any other matters on which the Director or the BOARD may request advice or evaluation. IX. TERM AND WITHDRAWAL OF A PARTY After approval and appropriate filing, this agreement shall become effective and shall endure until terminated by law or by mutual agreement of the parties. A party may withdraw from this agreement only upon lawful resolution of the governing body of that party and service of written notice thereof on the remaining party or parties hereto at least 180 days prior to the first day of July of any year. This agreement will remain in full force and effect as to a Page 8 of 12 withdrawing party until the 30th day of June next following service of notice of the withdrawal of said party; the agreement shall remain in full force and effect as to all remaining parties until termination or withdrawal. TRANSITION PROVISION The parties agree that the transition from the current dispatch operation to the consolidated operation will require substantial planning, including consultations with current staffs and their collective bargaining representatives. The parties therefore agree that the current operation will continue after the execution of this Agreement, under the Memorandum of Understanding executed by the 911 Administration Board, the Board of Commissioners, the Sheriff and the Interim Emergency Services Director. The BOARD shall work closely with the Sheriff and the Interim Emergency Services Director to achieve a smooth transition. When the transition to the new building is complete, the BOARD will hire a Director under Section III of this Agreement. IN WITNESS WHEREOF, the parties execute this agreement effective this day of March, 2009. FLATHEAD COUNTY an Dale W. Lauman, Chairman ATTEST: IN CITY OF COLUMBIA FALLS In William F. Shaw, City Manager ATTEST: By: Diana Kile, Clerk Susan M. Nicosia, City Clerk (seal) (seal) Page 9 of 12 CITY OF KALISPELL By: Myrt Webb, Interim City Manager ATTEST: in Theresa White, City Clerk (seal) STATE OF MONTANA ) :ss County of Flathead ) CITY OF WHITEFISH I: Charles C. Stearns, City Manager ATTEST: By: Necile Lorang, Clerk (seal) On this day of March, 2009, before me, the undersigned Notary Public for the State of Montana, personally appeared DALE W. LAUMAN and DIANA KILE, known to me to be the Chairman of the Board of Commissioners and the Clerk of the Board, respectively, and acknowledged to me that the County executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year last above written. Debbie L. Boreson (seal) Notary Public for the State of Montana Residing at Kalispell My commission expires: July 16, 2009 Page 10 of 12 STATE OF MONTANA ) :ss County of Flathead ) On this day of March, 2009, before me, the undersigned Notary Public for the State of Montana, personally appeared WILLIAM F. SHAW and SUSAN M. NICOSIA, known to me to be the City Manager and City Clerk, respectively, and acknowledged to me that the City of Columbia Falls executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year last above written. (seal) STATE OF MONTANA ) :ss County of Flathead ) Printed Name: Notary Public for the State of Montana Residing at My commission expires: On this day of March, 2009, before me, the undersigned Notary Public for the State of Montana, personally appeared MYRT WEBB and THERESA WHITE, known to me to be the Interim City Manager and City Clerk, respectively, and acknowledged to me that the City of Kalispell executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year last above written. (seal) Printed Name: Notary Public for the State of Montana Residing at My commission expires: Page 11 of 12 STATE OF MONTANA ) :ss County of Flathead ) On this day of March, 2009, before me, the undersigned Notary Public for the State of Montana, personally appeared CHARLES C. STEARNS and NECILE LORANG, known to me to be the City Manager and City Clerk, respectively, and acknowledged to me that the City of Whitefish executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year last above written. (seal) Printed Name: Notary Public for the State of Montana Residing at My commission expires: Page 12 of 12