08. Fifth Amendment to the Interlocal Agreement - CABREPORT TO:
10MOU"
SUBJECT:
City of Kalispell
Post Office Box 1997 - Kalispell, Montana 59903-1997 - Telephone (406)758-7700 Fax(406)758-7758
Honorable Mayor and City Council
Chris A. Kukulski, City Manager
Fifth Amendment to the Interlocal Agreement Establishing the Countywide
Administrative Board.
MEETING DATE: July2, 2001
BACK GROUND: Attached is a letter from John Phelps, Whitefish City Attorney, detailing the necessary
amendments to the Interlocal Agreement between the three Cities and Flathead County. The amendments
are necessary for the smooth functioning of the CAB, following the County's withdrawal. The Interlocal
Agreement designates Flathead County as the Administrative Agent and provider of Legal Counsel to the
CAB. This will obviously change with to their withdrawal. The amendment allows the Board to appoint
its own Legal Counsel and Administrative Agent. Kalispell is being asked to be the Administrative Agent
while the legal council has yet to be appointed.
RECOMMENDATION: The City Council adopt a motion approving the attached Fifth Amendment to the
Interlocal Agreement Establishing the Countywide Administrative Board.
FISCAL EFFECTS: None
ALTERNATIVES: As suggested by the Council.
Respectfully submitted,
Chris A. Kukulski
City Manager
Report compiled June 28, 2001
Page I of 1
Office of the City Attorn
204 Central Ave, Whitefish, Montano 59937
Phone: (406) 862-2528 Fox: (406) 862-1140
June 13, 2001
Honorable William Botydrski oopy
Mayor, City of Kalis 11City Hall
312 First Aven East
Kalispell, Mo ana 59901
Honorable ary Hall
Mayor, C y of Columbia Falls
130 Six Street West, Room A
Colu is Falls, Montana 59912 �—
r — (7
Hon rable Andy Feury
Ma or, City of Whitefish --`c
P. .Box 158 r— Q
hitefish, Montana 59937 o
cn
RE: Amendments to CAB Agreement
Dear Mayors Boharski, Hall, and Feury:
At the CAB meeting on June 12, 2001, there was agreement among the three city
representatives that four amendments needed to be adopted to the CAB agreement
immediately afterthe beginning of the next fiscal year. These four amendments are crucial
for the smooth functioning of the CAB. In addition, there was recognition that in the near
future, the three cities should consider further "housekeeping" amendments to the CAB, to
recognize the County's departure, and also consider and discuss specific amendments
proposed by the City of Columbia Falls.
I was asked to draft a document that could be considered by all three City Councils
at their July 2 meeting, which would accomplish those amendments which were viewed as
absolutely necessary. Those amendments are as follows:
1. Deletion of the language appointing the County Attorney as the
attorney for the CAB.
2. Deletion of the language authorizing the County to handle
employee compensation and retirement, as well as deletion of
language authorizing the County to handle the CAB's money.
City Mayors
Re: CAB
June 13, 2001
Page 2
3. New language providing that the CAB would hire its own legal
counsel.
4. New language providing for the designation of one of the three
cities as the Administrative Agent, to handle employee payroll,
benefits and retirement, as well as the receipt of all CAB funds
and payment of all expenses.
I have enclosed an amendment to the existing CAB agreement which would
accomplish these four items. It consists of language previously reviewed at CAB meetings.
I believe the adoption of this amendment is absolutely necessary to authorize the CAB to
engage its own legal counsel and handle its own funds.
After July 1, 2001, the CAB and the three cities can consider all of the additional
"housekeeping" changes, such as the renaming of the CAB and the deletion of the
reference to Flathead County throughout the agreement. In addition, during the same
period, the City of Columbia Falls' proposed amendments can be considered.
Please contact me if you have any questions concerning this letter or the enclosed
document.
Very truly yours,
HEDMAN, HILEMAN & LACOSTA
Office of the City Attorney
..
rnM.lps
J M P/ccg
Enclosure
cc: Chris Kukulski, Kalispell City Manager oZ
John Dove, Columbia Falls City Manager
Gary Marks, Whitefish City Manager
Glen Neier, Kalispell City Attorney
Eric Kaplan, Columbia Falls City Attorney
Commissioner Dale Williams
FIFTH AMENDMENT TO INTERLOCAL AGREEMENT C,f
ESTABLISHING THE COUNTYWIDE ADMINISTRATIVE BOARD
The Interlocal Agreement establishing the Countywide Administrative Board,
which was originally executed in 1979, and amended in 1983, 1986, 1991, and 1994, is
hereby further amended as follows:
1. The following language shall be deleted from paragraph V of the Interlocal
Agreement:
"In matters of insurance, retirement and any mandatory matters
relating to public employees, the laws affecting the County shall be
the governing laws and same shall be administered by the County."
2. The following language shall be deleted from paragraph VI of the
Interlocal Agreement:
"All planning purpose income generated through tax levy by any of
the parties, fees charged by any party for other than reimbursement
for cash expenditures, or gifts, donations and grants shall be
deposited with the County for appropriate administration. All
expenditures of planning purpose funds shall first be approved by
the CAB before transmittal to the County for processing and
payment."
3. The following language shall be deleted from paragraph VIII of the
Interlocal Agreement:
"The Flathead County Attorney shall provide the CAB with
necessary legal advice and counsel as requested, at no extra cost
to the CAB or the City parties hereto."
4. The following language shall be added to paragraph VIII, entitled
"COUNSEL":
"Legal counsel shall be retained by the CAB as needed."
5. The following language shall be added as a new paragraph X to the
Interlocal Agreement:
FIFTH AMENDMENT TO INTERLOCAL AGREEMENT
ESTABLISHING THE COUNTYWIDE ADMINISTRATIVE BOARD _ _
°x.
ADMINISTRATIVE AGENT
There is hereby created the position of Administrative Agent.
The Administrative Agent shall be one of the three cities as
determined by the CAB. The role of the Administrative Agent is to
provide for and administer the following services for the CAB and
its staff:
1. Employee payroll processing.
2. Employee retirement, sick leave and insurance
administration.
3. Depository of all CAB funds and receipts.
4. Payment of all claims."
IN WITNESS WHEREOF, the parties hereto execute this agreement on the
dates hereinafter set forth.
CITY OF COLUMBIA FALLS
ATTEST
By:
Gary Hall, Mayor
By:
Clerk
Dated:
CITY OF KALISPELL
ATTEST:
By:
William Boharski, Mayor
By: _
Clerk
Dated:
CITY OF WHITEFISH
ATTEST:
By:
Andy Feury, Mayor
By:
Clerk
Dated:
FIFTH AMENDMENT TO INTERLOCAL AGREEMENT
ESTABLISHING THE COUNTYWIDE ADMINISTRATIVE BOARD
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