1. 9-1-1 Interlocal AgreementOffice of the County Attorney
Flathead County, Montana
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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.
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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
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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
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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:
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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.
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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.
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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
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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
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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
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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
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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.
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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
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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
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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
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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)
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