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1. 9-1-1 Interlocal AgreementOffice of the County Attorney Flathead County, Montana 'ffjff#Wiiaa&wssa-Asir THOMASJ. ESCH, County attorney JONATHANB.SMITH, chief Deputy DENNIS J. HESTER, Deputy RANDYg SCHWICKERT, Deputy EDWARD J. CORRIGAN, Deputy PETERA. STEELE, Deputy ERIC& HUMMEL, Deputy December 29, 1998 MYRT WEBB, CITY MANAGER CITY OF COLUMBIA FALLS 130 SIXTH STREET WEST #A COLUMBIA FALLS MT 59912 GLEN NEIER, ACTING CITY MANAGER CITY OF KALISPELL P.O. BOX 1997 KALISPELL MT 59903-1997 DALE ENNOR, CITY MANAGER CITY OF WHITEFISH P.O. BOX 158 WHITEFISH MT 59937 Gentlemen: P.O. Box 1516 920 South Main Justice Center Second Floor (406) 758-5630 FAX (406) 758-5642 Enclosed please find a final draft of the Interlocal Agreement for the creation of a 9-1-1 Emergency Center. We have made the changes that have been suggested by councilmen and commissioners. We would appreciate your taking this agreement to your Council in January, as we have placed an effective date of February 1, 1999 in the Agreement. After the governing bodies authorize its execution, we will circulate two originals for signatures and file those originals with the Secretary of State and Clerk and Recorder. Thank you for your assistance in this matter. Very truly yours, OFFICE OF THE COUNTY ATTORNEY Flathead County, Montana B J athan B. Smith, Deputy vil Division 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 Agreement is -the 1st day of February, 1999, with implementation of consolidated PSAP communication services to commence upon Administrative Board authorization. 1`&UVZ:R&IaM WHEREAS, the legislature of the State of Montana has provided through the "Interlocal Cooperation Act", as codified in 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 communications facilities which serve as a 9-1-1 public safety answering points (PSAP) for police/law enforcement, fire protection services, and emergency medical services, have employed skilled personnel in connection therewith, and have certain equipment used to perform such 9-1-1 public safety communication services; and WHEREAS, the parties and the residents of Flathead County would benefit both in terms of efficiency and public safety from a consolidated 9-1-1 public safety answering point providing service to Flathead County, the Citieszthe Fire Protection Districts and Fire Service Areas, and licensed Emergency Medical Services within the County. WHEREAS, 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 jurisdictions, avoidance of unnecessary duplications of expenditures and efforts for attracting financial assistance from state, federal, and private resources, for implementation 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 Agreement, the parties OES 890311 1 agree as follows: 1. CREATION OF ENHANCED 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 consolidating 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 those participating incorporated and unincorporated areas of Flathead County which are under jurisdiction 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 communications 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 depository 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 funds. The Administrative Assistant shall manage the funds for the Administrative Board. All ECC employees are employees of the Flathead County Sheriff's Office and shall be paid on Sheriff's 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 890311 2 The ECC will provide the following services to its members: 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. 3. ESTABLISHMENT OF ADMINISTRATIVE 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: 6. The Flathead County Administrative Assistant 7. The Flathead County Emergency Services Coordinator 8. One Columbia Falls Public Safety Official, to serve 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: OES 890311 3 11. One Public representative 12. One Rural Fire Chief representative 13. 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 serve 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 A quorum for the Administrative 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 names of the Board member and alternate shall be sent to ECC in writing 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 Board member for whom 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 alternate 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 amend, by-laws that shall define the operational and procedural parameters of ECC. OES 890311 4 E. The functions of the Administrative Board shall be as follows: 1. 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 E9-1-1 system enhancement, programming, implementation and equipment usage. S. Review of the administrative and operational policies of ECC. b. 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. 10. Annual performance and quality control audits, copies of which shall be furnished each party to this Agreement. F. The Administrative Board may contract with non-member public and private organizations 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 Administrative Board shall have an equal vote in Administrative Board decisions. The Sheriff shall not vote on any matters, except in the event of a tie vote. - 4. ESTABLISHMENT OF TECHNICAL ADVISORY COMMITTEES 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 A. LAW ENFORCEMENT TECHNICAL ADVISORY COMMITTEE. The Law Enforcement Technical Advisory Committee shall be comprised of the following 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 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 Technical Advisory Committee member at all meetings the alternate committee member attends in lieu of the regularly designated committee 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 Whitefish, 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 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 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 served by ECC, and a representative from Kalispell Regional - Medical Center, and North Valley Hospital. Each committee member shall designate an al emate member from his/her agency who shall attend the EMS Technical Advisory Committee 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 OES 8%311 6 attends in lieu of the regularly designated committee member. Only agencies served by ECC may be members of the EMS Technical Advisory Committee. 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 Law Enforcement Technical Advisory Committee 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 served by ECC. The Flathead County Emergency Services Coordinator or his/her designee shall serve as secretary to the Law Enforcement, Fire and EMS Technical Committees. 5. DIRECTOR OF THE EMERGENCY COORDINATION CENTER A. The Sheriff shall serve as the ECC Director. B. The ECC 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 Sheriffs Office space located in the Justice Center Building, 920 South Main Street in Kalispell until the Administrative Board determines that ECC location be changed. ECC budget shall include payments to the Flathead County in OES 8%311 7 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 provided to ECC by Flathead County. 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 minimum 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 equipment 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 ECC's operations. Interconnecting selective call transfer telecommunications equipment shall be included in the ECUs budget, as determined by the Administrative Board. Each member shall be responsible for purchasing, maintaining, and repairing their own base, mobile, and portable communications equipment. 8. RADIO FREQUENCY 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, renewing, and updating as needed their respective agency Federal Communications Commission 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, deductible, 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. 10. FINANCES OES 890311 8 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 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. 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 ECC operating costs to the parties to this Agreement. For the purposes of this Agreement, costs O S 890311 9 will be determined in proportion to the party's contribution percentage previously established by the State for the payment of 9-1-1 funds for that budget year. 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. 11. DURATION AND TERMNATION This Agreement shall remain 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 party, by withdrawing, shall 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 (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 agreement of the parties or, in lieu of such agreement, by using the percentages of contributions of each party to the ECC's 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 purposes 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. OE5 890311 10 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 upon by the parties to this Agreement. The admission of such additional parties shall be by written addendum to this Agreement, signed by a majority of the parties at that time and the additional parties. 15. ENHANCED 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 within the service area served by ECC. The Director, under direction of the Administrative Board, shall administer the countywide Enhanced 9-1-1 Telephone System as an operational function of ECC in accordance with MCA and other pertinent statutes. All costs of administration of the E9-1-1 system shall be paid from Flathead County Sheriffs Office and State E9-1-1 funds. 16. AMENDMENTS This Agreement may be amended at any time by a majority of the legislative bodies of all parties to this Agreement. 17. SEVERABILITY 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 State 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 nature arising from provision of law enforcement, fire OES 890311 11 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 Annotated 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 or agents. 20. DEFINITIONS Fire and EMS Basic Emergency Dispatch: ECC transfer of emergency call information including time of call, agency acknowledgment time, agency enroute/response time, and agency arrival/on-scene time. Law Enforcement Selective Transfer: transfer of all law enforcement calls to the identified PSDP for appropriate dispatch. ECC - Emergency Coordination Center: a protected site from which government officials' coordinate, monitor, and direct emergency response activities during an emergency or disaster. 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 ATTEST: Deputy Clerk BOARD OF COUNTY COMMISSIONERS Flathead County, Montana By Howard W. Gipe, Chairman COLUMBIA FALLS CITY COUNCIL Columbia Falls, Montana By Gary D. Hall, Mayor 12 OES 890311 ATTEST: ATTEST: Clerk Clerk KALISPELL CITY COUNCIL Kalispell, Montana By William E. Boharski, Mayor WHITEFISH CITY COUNCIL Whitefish, Montana By Michael Jensen, Mayor ON THIS _ day of , 199� before me the undersigned, a Notary Public for the State of Montana, personally appeared Howard W. Gipe, 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 , 199_, before me the undersigned, a Notary Public for the State of Montana, personally appeared Gary D. Hall, Mayor 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 to me that they executed the same. Notary Public for the State of Montana Residing at My Commission Expires (NOTARY SEAL) 13 OFS 890311 ON THIS _ day of , 199_, 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 , 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 , 199_, before me the undersigned, a Notary Public for the State of Montana, personally appeared Michael Jensen, 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 Public for the State of Montana Residing at My Commission Expires (NOTARY SEAL) OES 890311 14