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3. Consolidation of Emergency 911 Services■ City of K 'ij'i Post office Box 1997 - Kalispell, Montana 59903--1997 Telephone (406) 758-7000 Fax - (406) 758-7758 TO: Mayor and City Council FROM: Jaynes H. Patrick, City Manager SUBJECT: Consolidated E911 Funding DATE: July 17, 2008 Commissioner Brenneman forwarded a letter to City Council asking for the City's commitment to comply with the funding formula in the Interlocal Agreement and assist in the resolution of equitable funding issues surrounding the operational and maintenance costs of a Consolidated E911 Center. The funding issue has been left unresolved for the last two years and still revolves around how much extra cities should pay for the same services provided to all County residents. Council asked for additional information concerning costs of continued operation in the Kalispell Police Department. This fiscal year's Dispatch budget is $478,019. Using the Interlocal Agreement formula, the City would be expected to pay approximately 19 % of $1.54 million (amount left after the State E911 money is applied to the overall budget) or about $292,600 in additional City taxpayer dollars. The City of Kalispell will also be required to maintain a records division which includes clerical positions in the police department to assist officers with warrants, bookings, case management, and to assist with public walk-ins and calls at an approximate cost of $255,000. The letter enclosed in last Monday night's packet referred to another letter. Staff was able to secure what is believed to be the missing letter from whitefish and it is attached. In an attempt to determine what action whitefish took, resolution or motion, it was determined that whitefish did not take any official action. It appears that this request from the Commissioners would be a commitment for funding from the cities beginning July, 2009. It is staff's hope that the issue of governance, development of protocols, personnel selection, training, and efforts to work funding would be well underway by next July. Staff is ready to assist as requested. RECOMMENDATION: Council consider the following motion: "I move that whereas the Flathead County Commissioners have expressed a willingness to open discussions on the terms of a new Interlocal agreement for the consolidation of E911 services, the City of Kalispell participate in those discussions with the goal to enter into a new E911 interlocal agreement that is in the best interests of the citizens and taxpayers of the City of Kalispell.". Respectfully, r ames H. Patrick City Manager Mayor Kennedy, I appreciate your Willingness to discuss the ongoing efforts to fully consolidate the 911 Emergency Communications Center. As you know, Flathead County and the 911 Administrative Board created under the present Interlocal Agreement have developed an aggressive plan for full consolidation of our dispatch centers and emergency communications. From our conversation., I understand the City of Kalispell is hesitant to commit to the full consolidation because of the possibility that under the present Interlocal Agreement the cost for Kalispell to maintain needed personnel at Kalispell City Mall as well as fund the proportionate share of the fully consolidated dispatch center may result in an overall increase in expenditures. However, in my preliminary discussions with Under Sheriff Pete Wingert and 911 Consolidation Project Director, Mark Peck, it appears that the consolidation could be done so that nearly all functions, including clerical, necessary to Kalispell public safety operations would be handled out of the new dispatch center. Obviously, law enforcement officials from the county and the cities need to meet and consider how most efficiently to handle the necessary administrative tasks so that neither public safety nor officer safety is compromised in anyway. Mark Peck has agreed to facilitate such a meeting and it is imperative that this be done in a timely manner so that if building design considerations are needed they can be incorporated. Flathead County has previously indicated in a letter to the City of Whitefish and signed by all three commissioners and enclosed here, a willingness to open discussions on the Interlocal Agreement regarding the funding formula and any other relevant matters. We have proposed a maximum two year time frame for those considerations with the understanding that FY 2010 would implement the funding formula described in the present Interlocal Agreement if mutually agreeable changes could not be reached before then. Again, thank you for the willingness to meet and discuss this important public safety improvement for our community. As always, I am available to discuss this with you or your council at any time. It is vital that we move forward together to accomplish this valuable community public safety project. Joe Brenneman Flathead County Commissioner 07117f2008 12:28 4067585861 FLATHEADCOUNTY ,Flathead County 10 Board of Commissioners (406) 758-5503 Joseph D. Brenneman Gary U. Hall ,Date W. ,Lauman June 16, 2008 Mayor Mike Jenson City of Whitefish F. o. Box 158 Whitefish, Montana 59937 Dear Mayor Jenson: ThW& you for taking the time to meet with nee to discuss the full consolidation of the 911 I� yrv+' PAGE 01 Emergency Communications Center. As you know, Flathead County has been working diligently to accomplish this vita goal and your willingness to get involved as demonstrated by your attendance at the last 911 Administrative Board meeting and our subsequent meeting is very much appreciated. We discussed the necessity of developing a ftmding fornu,la that is as equitable as possible so that no resident in Flathead County, including city residents, pays noore than what can logically he determined to be " their fair share '. We :further discussed the importance of continui'ng with the dull consolidation efforts underway and that neither of us wished to delay consolidation. I propose that we fom a committee comprised of a county eonunissioner and the mayor of each clty, or an elected member of the council if so designated by the mayor, to consider the present Intearlocal Agreement. 'his conun-jittee will meet on a regular basis to examine funding, governance and any other issues of mutual concem, to those involved and aftcr a period of `,not naore than two years shall make recommendations regarding charges to the Interlocal Agreement to the city councils and the county commissioners. In the meantime we will proceed with consolidation efforts including operating under the present Interior Agreement until such thne as mutually geed upon changes acre brought fomard for consideration and action. l have discussed this with my fellow comnu*ssioncrs and their support of this cffort is indicated by their signatures below. If you or your council thinks there is a better way to accomplish this most oritical emergency commumeations improvement I solicit your input. Sincerely, FLATHEAD COUNTY RD OF COMMISSIONERS seph DABrenneman, Member al a W. L a. an, =Membetr 800 South Mstin ** Kalispell} Montana 59901 ** Fax (406) 75&5861 Excerpt from 6-2-08 Whitefish City Council Minutes. No further actions have been on subsequent agendas. From this meeting Mayor Jenson contacted Commissioner Brenneman and also went to a 911 Board Meeting. 3a. Presentation from the County 911 Board — Mark Peck, County Emergency Services. Mark Peck, 911 Project Coordinator, said this is the most significant public safety project they'll have in the next few years. First, when 911 dispatch works well, lives are saved. And, the better the 911 dispatch operation functions, the response time to rescue is enhanced. As a result, more lives are saved, and life -threatening injury, crime, or fire can be more often avoided. Second, and of equal importance, a well functioning 911 dispatch center creates a safer environment for the first responders. Greater communication and speed results in increased safety for them. The Flathead 911 Board oversees the funding, operation, and improvement of 911 dispatch services throughout Flathead County. It was formed by the Interlocal Agreement, adopted in 1999 by the Cities of Columbia Falls, Kalispell, Whitefish, and Flathead County. The Interlocal Agreement dictates the Board's membership. The Board consists of one member from each of the City Councils of Columbia Falls, Kalispell, and Whitefish, a member from either law enforcement or fire for each of the Cities, one County commissioner, one County administrator, a representative from rural fire, the County Emergency Medical Director, the County OES Director, County and two representatives from the public. In addition to the services provided by the Flathead 911 dispatch system, each of the Cities has certain dispatch capabilities that they maintain and fund. There is a tax rebate they receive each year from cell phones based on population. The board manages this money in the budget. There is a system shortfall in that all 911 calls go into the county Sheriff's office dispatch. If the call comes from within the city limits then the call has to be transferred to the respective dispatch center and the person has to explain the incident again. In this business seconds mean a lot. They don't have a computer -aided dispatch system. The dispatchers work off of memory and it is a very complicated system. There is no space for expansion or growth and there is duplication of efforts at this time. He showed the 911 usage just within the County center and it has shown significant increases in the past 3-4 years. He said there were 34,000 calls last month. He listed systems strengths including: excellent quality of dispatchers, the Interoperable Montana Project, a new computer based emergency medical dispatch system, strong support for the concept of consolidation, new technologies staff, the new computer -aided dispatch system, the extremely talented and capable 911 Board and available funding. Currently, they have a lot selected by Glacier High School and the Forest Service and DNR. The RFC for the design was held today and a recommendation will go to the committee next week. He said the IT position and Radio Communications Engineer position are funded. He said the County and the City of Columbia Falls are in agreement of the process. He said they are seeking agreement from Whitefish and Kalispell. He said the Interoperable Montana Project is a statewide system and the Flathead needs to get up and operational. He said they are getting over $700,000 in equipment for this project, but they need the building completed. Roadblocks are funding and governance. Then, the next question is how to consolidate the personnel. He said there are specific jurisdictional needs which need to be identified and met. He said the 911 Board recommends that they implement the project using the current interocal agreement under the jurisdiction of the 911 Board. Manager Marks said he has great respect for Mark Peck, his professionalism and his efforts, but he has some issues. He said they got a memo in the packet today that says each of the cities and the counties will be expected to pay on the next budget cycle or be prepared to handle all of their own 911 calls. He said the statements are a violation on the face of the agreement. The agreement says that al four entities have to agree to a funding increase. Manager Marks said he has worked for the past 5 months to get the cities and county to work together regarding this budget. He said the City thinks they need to consolidate, but funding and governance are issues. He said whitefish doesn't want its taxpayers to pay twice. They'll have to pay the County levy to support 911 and then have to pay again through the City's levied amount. The City Council passed that resolution to clearly articulate their position and no one has responded to it. He said the governance issue is serious because trust has been broken between the City and the County. He said the City doesn't want the County to serve as a provider of the service to the others. He said their resolution called for shared governance and that issue has not been addressed. Manager Marks recommended that until the City and County have a dialogue the Council shouldn't move forward on this. He said the 911 Committee seems to be shoving this at the City and saying, "Do this or get out." Councilor Askew asked Mark Peck to respond. Mark Peck said he didn't take Manager Mark's opinion personally, but like with everything there are several sides to the story. He said when you look at the governance of the current 911 Board there are 6 voting members from the three cities and equal members of the county. He said he feels this document has had city representation. He thinks the frustration is that they have worked on this for a year, thinking they had agreement and now they don't. He agreed that more dialogue should be going on, but he thinks the 911 Board felt that when they looked at the current make-up of the Board there was an equal balance. He said there is an assumption that through the Sheriff's budget there is a 911 obligation for the whole county. He said there is no Sheriff's levy. He said Cutbank sued Glacier County for the same issue. If there is no interlocal agreement stating that the County will provide that service, then the services have to come from the City. Manager Marks said they want to create a new jurisdiction for governance. But, there are City dollars that support the County and they get the same level of service, so City taxpayers shouldn't be asked to pay twice. Manager Marks said they need to have dialogue to get past the confusion. Mark Peck said from the 911 Board perspective there is the idea of a County -wide levy to come up with the funding for the 911 services. The feedback they get from citizens is that the current funding from the cities should cover the cost for the consolidated system. Mayor Jenson agreed that a levy wouldn't replace what was there; it would be on top of it. Mayor Jenson said the agreement in 1999 was a different situation. He said he thinks all of the County residents need to pay an equal amount. He said he might even be willing to sign on to something now that includes renegotiation language in 5 years. Councilor Woodruff agreed. She said she hoped there was room to move toward a more equitable funding mechanism. It would be a lot different than saying this would be forever and ever. Mark Peck agreed that lack of communication has been a problem. He said there is a sense of urgency. He doesn't care how it gets funded, but it needs to happen. He said he hoped this was the beginning of the dialogue. He said they need to have this up and running by fall 2010. Councilor woodruff asked when the cities and County need to have this worked out and he estimated that it should be no later than August. She asked how they could move forward. Councilor Askew read from page 9 of the Interlocal Agreement about budget agreements which said funding shall be equal from al.l 3 cities and the County. Councilor Palmer asked if one or more parties could pull out. Mark Peck said they can, with a one year notice, but they cannot be forced out. Councilor Palmer asked and Mark Peck said Kalispell has agreed that they do not want to pay twice either. Mark Peck said there is a fundamental difference of opinion on the double tax issue. Cities have enhanced services. State law says when you have your own public safety entity you are responsible for your own dispatch unless there is an Interlocal Services Agreement. Councilor Askew said the cities are being asked to turn over their dispatch, so they won't be asked to pay extra. Mayor Jenson said in 1999 they created an agreement to temporarily pay. Manager Marks said the numbers from the 911 agreement indicate that they would save money, but it is exaggerated. Mark Peck agreed that there was an error in the report and said the actual number is $1.6 million dollars and it would save about $90,000 for the City of Whitefish. Manager Marks said they'll have to use a chunk of that for the administrative support for the Police Department. Secondly, the dispatch is costing the City $238,000 so any portion of that now would go to the 911 arrangement. That is the part that is double taxation if they go that route. Chief Dial said there won't be any savings with the formulas presented. He said they have an aging dispatch console and recorder that need to be replaced. He said they need to get on or get off. Manager Marks said they should talk about a transition period so they can expect to have the funding issue and governance issues addressed. He said the existing system doesn't work, so in the interest of public safety maybe they need to do something right away, but have milestones out there with teeth. Mark Peck said he wants to get this in place for the citizens. He said the 91.1. Board is supposed to have authority and there is representation from everyone, but they haven't gotten anywhere. He said if this isn't the process then he thinks it is up to the elected officials in the County. Mayor Jenson said he would like to see this get off the ground, but he would like to see them have some threshold where these items have to be dealt with. Councilor Palmer said Chief Dial and Councilor Askew sit on this Board and he wondered what positions they were taking in these meetings. Councilor Askew said the City's resolution was submitted to the 91.1. Board and they refer back to the 1999 Interlocal Agreement. Councilor Askew said the County said maybe they should withdraw and the cities can run a dispatch together. He said they have $1.5 million in money if they go ahead and consolidate this dispatch center, but they have to go forward with this. Councilor Palmer asked and Councilor Askew said the County hasn't billed the City, but they will. The Sheriff chose not to send them a bill. Councilor woodruff asked and Councilor Askew said he didn't have a problem with creating a temporary measure, but all four entities have to agree. The County Commissioners and City Managers have talked and they haven't gotten very far. He said the 911 Board can't do that. Manager Marks suggested that the Council schedule this for further discussion at another meeting. Mayor Jenson thanked Mark Peck for coming to the meeting. He'said he would like to explore the concept of getting this up and running with the caveat that the funding issue be addressed in writing for reconsideration within a set time period. Mark Peck said he thought Joe Brenneman would be up for that. Mayor Jenson asked Mark Peck to have Joe Brenneman give him a call. 1.999074 /0.,-/0 * -Nff - IONT. COUNTY OF YLA111EAD I 2 D Ffled A� If INTERLoCAL SERVICES AGREEMENT a Cad Coif C: erk & Recor Flathead County 9-1-1 Emergency Coordination Centeroe utv 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 PSA.P commumeation services to commence upon A.dnu'istrative Board authorization. WHEREAS, the legislature of the State of Montana has provided through the " Interlocal Cooperation Act", as codified in Section. 7- 11 - I o 1, 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 serge as a 9-1- 1 public safety answering points (PSAP) for police/laver 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 connnunication services; and WHEREAS, the parties and the residents of Flathead County would benefit both in terns of efficiency and public safety from a consolidated 9-1-1 public safety answering point providing service to Flathead County, the Cities, the Fire Protection Districts and Fire Service Areas, and Licensed Emergency Medical Services vnthin the County. WHEREAS, it is the desire and intent of all parties to this Agreement to enhance both police/lave 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 opthnum 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 ofpolice/law enforcement, fire, emergency medical service, and other public safety operations. NOW., therefore, in consideration of the mutual covenants, terns, and conditions agreed to by Flathead County and each of the municipalities who are parties to this Agreement, the parties OES 890311 1999074 10,110 AI C OF MONTANA SS COUNTY OF LATH AD Da F fled •`•" INTE OCAL SERVICES AGREEMENT } at lead Cou Crk & Recordo(. Flathead County 9-1-1 Emergency Coordination Centero.,., Al /C THIS AGREENMNT 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. WITNESSETH: wHEREA.S, the legislature of the State of Montana has provided through the "lnterlocal Cooperation Act", as codified in Section. 7- 11-1 0 1., et seq., MCA, the needed statutory authorlty 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 paints (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 paint providing service to Flathead County, the Cities, the Fire Protection Districts and Fire Service .Areas, and licensed. Emergency Medical Services Within. the County. WWHEREAS, it is the desire and intent of all parties to this Agreement to enhance bath 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 ofpolice/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 1999074 /DD-10 agree as follows: I Y CREATION OF ENHANCED 9-1-1 EMERGENCY COORDINATION CENTER A. There is hereby created a consolidated county wide enhanced 9-I - I public safety answering point (PSA-P), hereinafter cared "Flathead County 9-1 - I Emergency Coordination Center", or "E". The pies hereto each assign to said the responsibility for enhanced 94- l ASAP telecommunications for the purpose of consolidating emergency E9- I -- I 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 anchor 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 EC. The previously created and established special 9--1- I funds shad continue to be the depository for all 9w I - I funds received from.. the State of Montana on behalf of the parties hereto on a quarterlybasis. 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 E C employees are employees of the Flathead County Sheriffs Office and shall be paid on Sheriff's Office payroll. D. EC 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 VENTER 2 1999074 /D;410 The ECC will provide the following services to its members: A. 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. I ESTABLISHMENT MENT OF ADMINISTRATIVE BOARD There is hereby establl.shed 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 VVEtefish 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 1999074 /0,)-/0 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 I. 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 EC C, and who shall act as an alternate o and 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 altemate shall have full pourers 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 Admm* istrative 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 E C. oES 890311 4 B. The f mctions 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 perfon-nance. 4. Development of priorities, policies and procedures for B9w 1-1 system enhancement, programming, implementation and equipment usage. 5, Review of the administrative and operational policies of ECC. 6. 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 qualit'y 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 A,drnim'strative 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 1.999074 lbo"t 10 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 VVhitefish Chief of Police, and representatives from local State and federal law enforcement agencies, appointed as necessary, by a majority vote of the Lair 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 follow ng members: The Flathead Comity 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 alternate 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 attends in lieu of the regularly designated committee member. Only agencies served by .ECC may be members of the EMS Technical Advisory Committee. OES 890311 j.999074 lool-10 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 Boards appointed Dural 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 cornxnittees 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 .FCC. 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 FCC 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 BCC 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. FA.CILITIE ECC shall .lease from the Flathead. County Sheriff's office space located in the Justice Center Building, 920 South Main Street in Kalispell until the Administrative Board determines that BCC location be changed. ECC budget shall include payments to the Flathead County in consideration of said lease in amounts agreeable to BCC and Flathead County and shall also include consideration for janitorial services, utility costs, and other services provided to FCC by Flathead County. oEs 890311 7 1999074 /02-t O The initial lease shall be for a period of ten years, or so long as EC exists with option to renew. Necessary space or en.viromnent changes can be recognized by renegotiations of the lease amount. Either party nth 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 .ACC 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 ECUs operations, interconnecting selective call transfer telecommunications equipment shall be included in. the ECU S budget, as determined by the Administrative Board. Each member shall be responsible for purchasing, maintaining, and repairing their ovn base, mobile, and portable conunurucations 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 inelude 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 shah 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 A. BUDGET The ECC Director, with the assistance of the Administrative Hoard shall each year irl o1✓s 890311 8 I ciz) f9y 9 0 7 4 /oaro accordance with the County's budget timetables, prepare a proposed project play. 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 shad approve the proposed ECC Budget and submit said Budget to the County Commissioners in accordance with their appropriate budget timetables. The Administrative Board shad 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 lags prodded. Any budget or budget amendment which authoxizes expenditures above the total amount of 9--1-1 funds received from the State shad also be subject to approval by the Columbia Falls, Kalispell, and VA-fitefish City Councils and the Flathead County Board of Commissioners, and those governments shall share the total cast of any such increase in expenditures, that has been approved by all four partie' s, 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 cast of capital improvements planned for the future by the Administrative Beard. 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 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. oEs 890311 g 1999074 IDD-10 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 TERMINATION This Agreement shall remain in effect until the parties hereto unanimously agree to dissolve ECC. Except as otherwise specifically provided herein, any party to fl-�s 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, sham waive any claim it might have to property. In the event that this Agreement is terminated by mutual consent of the part' es3 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. 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 terns and conditions as agreed oE5 890311 10 JL999074 /0;)-/0 upon by the parties to thi's 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, shad administer the countywide Enhanced 9-1-1 Telephone System as an operational function of ECC in accordance with MCA and other pertinent statues. All costs of administration of the E9-1 �-1 system shall be paid from Flathead County Sheriff s Office and Mate E9- 1 -1 funds. 16. AMEND TS This Agreement may be amended at any time by a written agreement approved by the legislative bodies of all parties to this Agreement. 17. SEVERABIL1TY 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 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 rotated and is intended as clarification. Specifically, the party receiving the aid shall interpret action under the di-ection 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 1999074 /0 a10 or agents. 20• DEFINITION Fire and EMS Basic Emergency Dispatch. ECC transfer of emergency call infonnation 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 govern ment 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. ti .y ti ATTE L •F ` ] . t . r + c• ds w. Haverfield, Clerk . ,�. Vs: - By - • Deputy ` ri+iL Jr � «-•ter � c • 3 w A TE T�. ■ ff t�&erk .. � rr�r . ••r+ r r � i• � .r7\ � -rw * � � t � ' � �w 1 •r r. - - • f '4J Cliork 7 . t 'liT}+slr BOARD of COUNTY COMMISSIONERS Flathead County, Montana By Dale W. Williams, Chairman COLUMBIA FALLS CITY COUNCIL Columbia Falls, -Montana By My� rt Webb,, City Manager KALI SPELL CITY COUNCIL Kalispell, Montana - By WM, E , b tlhftr;vl William E. Boharski, Mayor 12 oEs 89D3"1 1 JL999074 / 6);-/ 0 WHITEFISH CITY COUNCIL Whitefish, Montana ATTEST: Byr� NEchael �enso ayor Clerk ON THIS :�17 `day off . , 1999, before me the undersigned, a Notary Public for the State of Montana, perso ally "appeared Dale W. Williams, Chairman, Board of Commissioners, and Michelle Anderson, .Deputy Clerk and Recorder, known to me to be the persons whose na.rn.es are subscribed to the within instrument and acknowledged to me that they executed the same. toilet Notary public for the State of Montana ` LAB `J-'f Residing at ��a My CommissionFxpires /,,,,7_ - (MTA1?.,.Y 9EAL) oIS dayoff r I999 before rue the undersi ned a Not Public for the .��� a g y State of Montana, personally appeared Myrt Webb p Mg r • - of the City of Columbia Falls, Montana, and Connie Kon �tzke , 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 - f e Residing at My Commission Expires V.30/`�C- - �y SEAL) y`v ON THI a of I999 before me the undersl��7'ned a Notary Public for the �� 3 3 g ? State of Montana, personally appe ed William E. Boharski, Mayor of the City of Kalispell, Monta.ria, and LJ1nqEg&4 :—: , Clerk, City of Kalispell, Montana, known to me to be the persons whose naives are subscribed to the within instrument and acknowledged to me that they executed the same.. oEs 890.'3 1 1 13 2999074 I 0 a 1 D ~r' Notary Public for the State of Montana ti f Residing at +r y My Commission Expires a p �-- or " - At (NOTARY S` pk r o . • 1 99 before nee the undersigned, a iota Public for ON T� z xe the State of Montana, personally appeared Michael Jenson., Mayor of the City of Whitefish, Montana, and • ' , f f.= er , i of �itefish, Montana, know. to m to be the persons whose names are subscribed to the within instrument'and acknowledged to nee that they executed the same. (NOTARY SEAL) �7( Notary Public for the State of Montana Res*d'ng at My Commission Expires ��� -- / ..-. DES 890311 14 :19990P74 ("'OUNTY ()F' t ADDENDUM TO Deppu v :. INTERLO A L SERVICES AGREEMENT � Flathead County 9. i . i 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 VvUtefish. The effective date of this Addendum is the 1 Sth day of March, 1999. Section 10 of the Agreement is amended to read as follows: 10. FINANCES A. BUDGET The FCC 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 BCC 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 BCC 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 -- l funds received from the State shall also be subject to approval by the Columbia Fars,. Kalispell, and Whitefish City Councils and the Flathead County Board of Commissioners, and those govern ments shall share the total cost of any such increase in expenditures, that has been 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 o ES 890311 1 1999074 /Dd,o)-O Beginning in the 1999 budget year, BCC Budget will include an account entitled "Capital Improvement Fund". Eadh 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. OTHER FUNDING ECC may accept gifts, or loans of money, equipment, or services from any lawful source. ECC shall also cooperate in all gays with local, state, and federal government agencies and any private funding sources to maximize the use of or gifts for equipment and operations. Section 19 of the Agreement is amended to read as follows: 1.9. 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 later enforcement, fire and EMS services and/or equipment by each member's employees or agents in ax d of any other party. IN MTNES S WHEREOF, the parties hereto have subscribed their signatures to this Agreement effective. on the date set forth above. A. averfield, Clerk r deputy • M t t r BOARD OF COUNTY COMMISSIONERS Flathead County, Montana By - Dale W. Williams, Chairman 2 1999074 IDXa-D ■ ATTEST I _ r -L �w De�°� Clerk •; i� Ott i w L � Y i t ATTEST: 7z Clerk . C1 ..••;Aj`# SST: r x 1Clerk COLUNiBIA FALLS CITY COUNCIL Columbia Fails, Montana By IVIyrt ebb, City M ager KALISPELL CITY COUNCIL Kalispell, Montana. By WMI. .5 4 -a.-- - &VS I William E. Boharski, Mayor WHITEFISH CITY COUNCIL Wbite fi sh, Montana By Michael Jet s n, Mayor ON THIS "' day of , 1999, before me the undersigned, a Notary Public for the State of Montana, personally appeared Dale W. Williams, Chairman, Board of Commissioners, and Michelle Anderson, Deputy Clerk and Recorder, known to me to he the persons whose names are subscribed to the Wien instrument and acknowledged to me that they executed the same. T f .•J*l NOTARY SEAL) Notary Public for the State of Montana Residing at .may Commission Expires t ON THIS,, day of `� I, before nee the undersigned, a Notary public for the State of Montana, personally appeared Myrt Webb, City Manager of the City of Columbia Falls, Montana, and ...' 1 � �: � � , Clerk-, City of Columbia Fails, Montana, known to me to be the persons whose names are subscribed to the within instrument and acknowledged 3 JL999074 10a,)-o to .nee that they executed the same. Notary Public for the State of Montana Residing at CAAdy My Commission Expires �Z_. ,/ S - 2,00 2,, ON THIS., of ..1999, before nee the undersigned, a Notary Public for the State of Montana, personally appeared William E. Boharski, Mayor of the City of Kalispell, Montana, and Theresa mate, Clerk, City of Kalispell, Montana, known to nee to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed - the same. . ►r�r'�ls�y • r L: r (NOTARY SEAL) Notary Public for the State of Montana Residing at �{F�,,,�� ., My Commission Expires ON THIS dayof �' L � � .� 1999, before me the undersigned,, a o public Ik g � � for the State of ` Montana, personally appeared Michael Jenson, Mayor of the City of `whitefish, Montana, and . ,,f ., 3 er , it of � tef sh, Montana, tar a, known to me to be the persons whose names are subscr*bed to the Within Mnstrument and acknowledged to me that they executed the same. '7 .� a c- Notary Public for the State of Montana • Residing at: My Commission Expires -` (NOTARY SEAL) r.r ! 1 r • . ■ oEs 890311 4 ��11s=i •t KALISPELL MUNICIPAL COURT FISCAL YEAR-END REVENUES 2000-2008 FY Revenue Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun FYearEnd Revenue 2000-2001 $28,977.24 $36,971.55 $30,806.81 $38,750.24 $32,287.34 $26,558.11 $49,322.53 $34,185.86 $38,336.52 $28,851.06 $36,703.78 $31,195.90 $412,946.94 2001-2002 $28,761.71, $38,365.61 $28,089.77 $40,478.84 $35,273.39 $40,433.16 $41,307.91 $41,145.89 $33,846.47 $33,578.73 $34,945.30 $40,179.93 $436,406.71 2002-2003 $32,164.24 $30,636.83 $52,448.42 $38,971.99 $44,995.97 $32,729.77 $42,083.51 $41,188.20 $42,353.70 $32,146.03 $40,317.10 $52,623.40 $450,494.92 2003-2004 $34,689.88 $44,520.45 $43,818.43 $36,278.86 $35,697.06 $44,781.42 $39,937,74 Fullcourt $44,283.13 $51,941.66 $45,747.64 $40,720.82 $44,334.24 $462,468.20 2004-2005 $43,955.25 $56,886.41 $48,233.23 $41,892.98 $51,389.90 $41,966.92 $43,144.05 $53,437.92 $50,406.15 $54,863.38 $60,181.24 $52,568.68 $598,926.11 2005-2006 Collections $38, 758.71 $43,806.96 $38,073.85 $43,876.08 $49,507.30 $44,207.78 $45,006.34 $51,489.63 1 $73,445.05 $49,324.10 $58,739.19 $53,138.71 $550,614.99 2006-2007 $51,054.21 $54,823.93 $53,895.88 $62,067.48 $42,525.70 $43,647.86 $47,317.36 $60,628.88 $63,976.79 $61,265.83 $65,147.17 $70,773.11 $677,124.20 2007-2008 $57,664.04 $70,755.63 $58,384.60 $47,847.81 $52,665.77 $40,752.75 $46,934.48 $63,296.41 $46,784.98 $ 56,170.31 $52,323.80 $48,685.98 $642,266.56 Citations issued Ju105 thru Jun06=7780 Citations issued Ju106 thru Jun07=8776 Citations issued Ju107 thru Jun08=9196 MSB Collections Jul05 thru Jun06=$98,443.32 MSB Collections Jul06 thru Jun07=$108,737.01 MSB Collections Ju1107 thru Jun08=$118,391.96