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H4. 911 AgmtCity of Kalispell Post Office Box 1997 - Kalispell, Montana 59903 Telephone: (406) 758-7701 Fax: (406) 758-7758 MONTANA MEMORANDUM To: Mayor Johnson and City Council From: Doug Russell, City Manager J)(�_ Re: 911 Interlocal Agreement Update Meeting Date: March 20, 2017 BACKGROUND: Kalispell, Whitefish, Columbia Falls, and Flathead County met at a joint meeting on January 30 to discuss areas of policy that impacted the respective entities. One of the topics at the meeting was an update of the 911 Interlocal agreement between the jurisdictions. A draft update was presented that provided some changes to clean up outdated language or procedural issues. During discussion, it was suggested that each entity hold a meeting and provide additional comments on the changes and to provide additional desired amendments. Council met in February and forwarded requested changes to the 911 administrative board, including changing the time of the meeting to an evening time, and changing the makeup of the board if a funding solution did not occur. Attached to this memo is the draft Interlocal agreement the board is requesting each entity pass. It does not include the requested changes that council requested, though it does require that the meeting where they will be approving the budget be held in the evening. A red and blue -lined agreement is also included that identifies changes from the original agreement. Council can elect not to pass the proposed Interlocal agreement and continue operating under the current agreement. RECOMMENDATION: It is recommended that Council adopt the proposed Interlocal Agreement for 911 services. ATTACHMENTS: Draft 911 Interlocal Agreement Draft 911 Interlocal Agreement with marked changes Email from the 911 Center INTERLOCAL 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 Falls"; 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 Sheriffs 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 8 2009 Interlocal Agreement Rev. 3/8/2017 Orig. 4/20/2009 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 citizens of Flathead County approved a bond issue for funding for an Emergency Communications Center. NOW THERFORE, it is agreed by and among the parties as follows: I. ESTABLISHMENT OF FLATHEAD EMERGENCY COMMUNICATIONS CENTER GOVERNING BOARD 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. A County employee appointed by the Board of County Commissioners; and 4. An elected official or designee appointed by the City Councils from each of the cities of Kalispell, Whitefish, and Columbia Falls. The BOARD shall elect a Presiding Officer from its members, and shall conduct meetings on a monthly basis. The annual budget shall be presented to the BOARD at an evening meeting that allows for public comment. 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. 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 Page 2 of 8 2009 Interlocal Agreement Rev. 3/8/2017 Orig. 4/20/2009 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 upon 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 to the BOARD no later than the December 2017 meeting. II. PURPOSE The purpose of this agreement is to consolidate all dispatch services and supporting infrastructure and equipment 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. 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. III. STAFF The BOARD will employ a Director who shall work under the direction of the BOARD. 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. Page 3 of 8 2009 Interlocal Agreement Rev. 3/8/2017 Orig. 4/20/2009 The BOARD shall follow all County Policies as adopted by the Board of County Commissioners. 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. 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. IV. FTNANCF. The parties agree to continue to pursue long term funding mechanisms that are appropriate and acceptable. 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 according to state statute. 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. Page 4 of 8 2009 Interlocal Agreement Rev. 3/8/2017 Orig. 4/20/2009 The Flathead County Treasurer shall act as the Treasurer for the BOARD. Each party agrees to budget and to pay to the Flathead Emergency Communication Center the amount designated by the BOARD for Center operation. V. 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, Flathead County EMS, 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, Flathead County EMS 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 5 of 8 2009 Interlocal Agreement Rev. 3/8/2017 Orig. 4/20/2009 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. CC)l WgPT 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. In the event of a conflict of interest with the Flathead County Attorney's Office the BOARD may elect to obtain outside counsel. VII. ESTABLISHMENT OF OPERATIONS BOARD The Operations Board has been established and shall be composed of the following members: 1. One representative from Sheriff's Office; 2. One member from police from each participating city; 3. One rural fire representative; or designee to be selected and approved by the County Fire Chiefs Association, and one representative; or designee of city fire to be appointed by the three incorporated cities; 4. One appointee for the EMS community appointed by the EMS Administrative Board. The Operations Board shall meet at least annually, and at such other times as the Operations Board shall determine or when requested by the BOARD. The members shall elect a Page 6 of 8 2009 Interlocal Agreement Rev. 3/8/2017 Orig. 4/20/2009 Chairperson who shall conduct the meetings and assume other functions as the BOARD shall determine. The BOARD shall adopt by-laws establishing the purpose and role of the Operations Board. VIII. 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 one hundred eighty (180) days prior to the first day of July of any year. This agreement will remain in full force and effect as to a withdrawing party until the 30t" 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. IN WITNESS WHEREOF, the parties execute this agreement effective this day of 2017 Page 7 of 8 2009 Interlocal Agreement Rev. 3/8/2017 Orig. 4/20/2009 FLATHEAD COUNTY By: Gary Krueger, Chairman ATTEST: By: Maria Albertson, Clerk (seal) CITY OF KALISPELL By: Doug Russell, City Manager ATTEST: IIn Aimee Brunckhorst, City Clerk (seal) CITY OF COLUMBIA FALLS By: Susan M. Nicosia, City Manager ATTEST: By: Barb Staaland, City Clerk (seal) CITY OF WHITEFISH By: Adam Hammatt, City Manager ATTEST: By: Michelle Howke, City Clerk (seal) Page 8 of 8 2009 Interlocal Agreement Rev. 3/8/2017 Orig. 4/20/2009 INTERLOCAL 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 Falls"; 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 11 2009 Interlocal Agreement Rev. DRAFT v2 4 20 2009 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 citizens of Flathead County approved a bond issue for funding for an Emergency Communications Center. NOW THERFORE, it is agreed by and among the parties as follows: I. ESTABLISHMENT OF FLATHTEAD EMERGENCY COMMUNICATIONS CENTER GOVERNING BOARD 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: Formatted: Line spacing; single 1. The Flathead County Sheriff, 2. A County Commissioner chosen by the Board of County Commissioners; 3. A County emplojee appointed by the Board of County Commissioners: The (-'oantT A40 FAe OF Ott ele6tOd C-,....,,,. 4 fie ff-; and 4. An elected official or designee appointed by the Citv Councils from each of the cities of Kalispell, Whitefish, and Columbia Falls. Page 2 of 11 2009 Interlocal Agreement Rev. DRAFT Q 4 20 2009Page4-4-4 The BOARD shall elect a Presiding Officer from its members, and shall conduct meetings on a monthlv quarter!) basis. The annual budget shall be presented to the BOARD at an evening meeting that allows for public comment. 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. 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 upon with,, kfe ...eal ,. ^"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 to the BOARD no later than the December 2017 meeting. within two , II. PURPOSE The purpose of this agreement is to consolidate all dispatch services and supporting infrastructure and eqluipment 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. afld to �sibilitie .kith the dispatch eenter. The service will include receiving calls concerning governmental services outside of regular business hours which may not involve emergency page 3 of 11 2009 Interlocal Agreement Rev. DRAFT v2 Orie. 4 20 2009P4ge4-4-9 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. III. STAFF The BOARD alid the k,.awd a i-,.......issio..efs ,. Flathead G.,u*t--, will employ: a Director who shall work under the direction of the -BOARD, aid wadi uRae•• Board of Commissionei-s. Both tke 13oaFd Of COMM iSS iE)ROFS EtHd ihe BOARD MH4 agfee 4) HH�' teFmina4ion ofemplayment that might be initiated in Fegard to the Difeetor during the term 4 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. 4-he The BOARD shall follow all Count} Policies as adopted b> the Board of County Commissioners. addeps ,,,aministFative roll le.. .... ...... ...itafPs rights. duties. .,alai) Dispatch and technical staff personnel shall be employees of the BOARD. The administrative policy adopted by the BOARD shall recognize and provide for Page 4 of 11 2009 Interlocal Agreement Rev. DRAFT v2 Oria. 4 20 2009` ag - 9 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. 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. IV. FINANCE The parties agree to continue to pursue long, term funding mechanisms that are appropriate and acceptable. _ Formatted; Indent: First line: 0.5" Prior to the 15t" 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 according to state statute. . 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 Page 5 of 11 2009 Interlocal Agreement Rev. DRAFT v2 4 20 2009Page 14 9 determined in the latest United States census completed every ten years. The Flathead County Treasurer shall act as the Treasurer for the BOARD. Each party agrees to budget and to pay to the Flathead Eniersencx Communication Center' '"theat"''4•-R*, . the amount designated by the BOARD for Center operation. V. 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, Flathead County EMS. 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 Page 6 of 11 2009 Interlocal Agreement Rev. DRAFT v2 Orig. 4 20 2009P&g&4-e" Formatted: Left fumace/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, Flathead County EMS 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 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. In the event of a conflict of interest %\ith the Flathead Count\ Attornev's Office the BOARD may elect to obtain outside counsel. DDI/lD A/:D CCAACTI'I' Page 7 of 11 2009 Interlocal Agreement Rev. DRAFT v2 Orig. 4 20 2009°age 1 ef9 aLereeffient is b� instant ag VII. E ESTABLISHMENT OF OPERATIONS BOARD ^ DVISO v GOMM144L The Operations Board has been established An ad :stee S"-a" -hv f ,med and shall be composed of the following members: I . eOne representative from Sheriff's Office; 2. eOne member from e41ef--police oFtire from each participating city; 3. eOne rural fire representative: or designee to be selected and apl)ro\ ed to -be a ted-by the County Fire Chiefs Association. and one representative; or designee ol'city fire to be appointed by the three incorporated cities; 4. eOne appointee for the EMS community appointed by the EMS Administrative �iy 1 Walth Board,; The Operations Board shall meet at least annually, ;m„i„l�r-and at such other times as the Operations Board eammittee 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 ABOARD shall determine. The ^ dvis• iz , Committe BOARD shall adopt by-laws establishing the purpose and role ofthe Operations Board. Page 8 of 11 2009 Interlocal Agreement Rev. DRAFT v2 4 20 2009 2 ° Formatted: Front color: Auto l Formatted: Justified, Indent: Left: -0.25" Formatted: Justified Formatted: Normal, Indent: Left: 0.5", Don't add space between paragraphs of the same style, Line spacing: At least 26 pt, No bullets or numbering VIII. l-. 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 one hundred eighty (180) days prior to the first day of July of any year. This agreement will remain in full force and effect as to a withdrawing party until the 301h 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. I U A AICITIl N PROVISION Page 9 of 11 2009 Interlocal Agreement Rev. DRAFT v2 4 20 2009°ft-^ -4 9 IN WITNESS WHEREOF. the parties execute this agreement effective this day of .2017 FLATHEAD COUNTY CITY OF COLUMBIA FALLS Bv: Bv: Gary Krueger. Chairman Susan M. Nicosia. City Manager ATTEST: ATTEST: By: Bv: a Clerk City Clerk ( seal) (seal) CITY OF KALISPELL CITY OF WHITEFISH By: Bv: Doug Russell. City Manager . City Manager ATTEST: ATTEST: Page 10 of 11 2009 Interlocal Agreement Rev. DRAFT v2 4 20 2009° ^ Formatted: Line spacing: single Formatted: Line spacing: single Formatted: Font: Not Bold By: By: , City Clerk City Clerk Formatted: Line spacing: single Page 11 of 11 2009 Interlocal Agreement Rev. DRAFT v2 4 20 2009Pag� From: Juanita Nelson [mailto:Juanita.Nelson@flatheadoes.mt.gov] Sent: Thursday, March 09, 2017 5:05 PM To: Mike Pence <mpence @flathead.mt.gov>; Susan Nicosia (cfmanager@centurytel.net) <cfmanager@centurytel.net>; ahammatt@cityofwhitefish.org; Doug Russell <drussell@kalispell.com> Cc: Elizabeth Brooks <ebrooks@flathead911.mt.gov> Subject: Amended 2009 911 Interlocal Agreement Good Afternoon, At yesterday's Flathead Emergency Communications Center Administrative Board meeting the Board accepted the proposed revised Interlocal Agreement. It was also requested that the Interlocal Agreement be sent to each respective entity to be placed on their respective agendas to obtain authorization to sign the signature page. Please find attached the March 8, 2017 Revised 2009 Interlocal Agreement. Once each entity has received authorization to sign the agreement an original signature page will be circulated amongst the entities so that all signatures are on a single page. If you have any questions you can contact Elizabeth Brooks at ebrooks(@fiathead911.mt.gov or at 758-2494. Thank you, ,Juanita WeCson Administrative Financial Support Specialist Flathead County Office of Emergency Services/Flathead Emergency Communication Center 625 Timberwolf Parkway Kalispell, MT 59901 406-758-2113 — Direct Extension 406-758-5560 — OES General Information Line 406-885-7708 Cell 406-758-5562 Fax Juanita.Nelson@flatheadoes.mt.gov