Resolution 5355 - Interlocal Agreement - E911 Emergency Services Communications CenterRESOLUTION NO, 5355
A RESOLUTION APPROVING A►.N INTERLOCAL AGREEMENT WITH FLATHEAD
COUNTY, THE CITY OF WHITEFISH AND THE CITY OF COLUMBIA FALLS,
MONTANA, REGARDING EMERGENCY SERVICES COMMUNICATION (911
DISPATCH) SERVICES.
WHEREAS, the City of Kalispell has been in discussions with Flathead County, the City of
Whitefish and the City of Columbia Falls regarding the consolidation of 9-1-1
Emergency Dispatch and Communication services throughout Flathead County
since at least 1993; and
WHEREAS, the Kalispell City Council adopted Resolution 5172 on January 16, 2007 in
support of 9-1-1 Emergency Dispatch and Communications consolidation and
authorized the City Manager to negotiate with the other local agencies; and
WHEREAS, the Kalispell City Council passed a motion on July 21, 2008 to commit to funding
the operational and maintenance costs of a proposed 9-1-1 Emergency Dispatch
and Communications center based upon the formula in the existing interlocal
agreement for a period of two years or until such time as a new interlocal
agreement is negotiated; and
WHEREAS, in November, 2048 the voters of Flathead County approved a bond issue to
finance the expenditure for capital improvements to house a consolidated 9-1-1
Emergency Dispatch and Communications center.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL AS FOLLOWS:
SECTION I. That the Interlocal Agreement, a copy of which is attached hereto as
Exhibit "A", and incorporated herein by reference, is hereby approved and
adopted and the Kalispell City Manager is authorized and directed to
execute such Agreement on behalf of the City of Kalispell.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF
THE CITY OF KALISPELL, THIS ZOTH DAY OF APB, 2009.
Pamela B. Kenned
Mayor
ATTEST:
Theresa White
City Clerk
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--ealled--! 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
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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 parties to this agreement agree that the administration of the County's
Office of Emergency Services and the Flathead County Fire Service Area should be coordinated
with dispatching emergency services; and
WHEREAS, the citizens of Flathead County approved a bond issue for funding for an
Emergency Communications Center.
NOW THEREFORE, 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. The County Attorney or other elected County officer; and
4. An elected official or designee from each of the cities of Kalispell, Whitefish and
Columbia Falls.
Any expenses incurred by a member will be paid for by the governing body which said member
represents.
The BOARD shall elect a Presiding Officer from its members, and shall conduct
meetings on a quarterly basis. 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.
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The BOARD shall adopt bylaws to govern its organization, internal affairs, meetings,
and items of general administration in conformity with this agreement; such bylaws 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 within three months of 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 within two years of its formation.
II.
I-at-M
The purpose of this agreement is to consolidate all dispatch services 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 and to coordinate the County's Office of Emergency
Services and Flathead County Fire Service Area responsibilities with the dispatch center. 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.
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EEO
The BOARD and the Board of Commissioners of Flathead County will jointly employ,
by contract, a Director who shall work under the BOARD and work under the Board of
Commissioners. Both the Board of Commissioners and the BOARD must agree to any
termination of employment that might be initiated in regard to the Director during the term of the
Director's contract. In the event that either the Board of Commissioners or the BOARD is not
satisfied with the performance of the Director at the end of the contract term., the Director shall
not be granted a new contract.
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. The
Director shall hire and direct staff to carry out the responsibilities of the County's Office of
Emergency Services and the Flathead County Fire Service Area under the supervision of the
Board of Commissioners.
The BOARD shall adopt administrative policies to govern its staff s rights, duties, salary
schedules, fringe benefits, and such other matters as may be proper and necessary to the efficient
and harmonious operation thereof. 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.
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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.
r
The Director's responsibilities with regard to the staff hired to carry out the
responsibilities of the County's Office of Emergency Services and the Flathead County Fire
Service Area shall be carried out under County Personnel Policy. Those staff members will be
County employees.
IV.
FTN A NC``F
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 for installing, operating, and improving the 9-
I A emergency telephone system. 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. In addition, the County will fund one-half of the
salary of the Director and of an Office Assistant, including one-half of benefits, for provision of
services in carrying out the County's responsibilities for the Office of Emergency Services and
the Flathead County Fire Service Area.
The Flathead County Treasurer shall act as the Treasurer for the BOARD. Each party
agrees to budget and to pay to the Flathead County Treasurer, under the provisions of the Local
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Government Budget Act (Title 7, Chapter b, Part 40, or successor legislation) the amount
designated by the BOARD for Center operation.
V.
affe-TUS11-lawl
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 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 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
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BOARD shall either (1) 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.
CCU T\TQ P
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.
VII.
PRIOR AGREEMENT
The parties hereto did, on March 15, 1999, file an Interlocal Services Agreement, and an
Addendum thereto, establishing the "Enhanced 911 Emergency Coordination Center." Said
agreement is by instant agreement terminated by the mutual consent of all parties.
VIIl.
ESTABLISHMENT OF ADVISORY COMMITTEE
An advisory committee shall be formed and shall be composed of the following
members.
1. one representative from Sheriffs Office;
2. one member from either police or fire from each participating city;
3. one rural fire representative to be appointed by the County Chiefs Association;
4. one appointee for the EMS community appointed by the City/County Health Board;
5. the dispatch supervisor;
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6. up to 2 public at -large members to be appointed by the BOARD to serve two year
terms.
The at -large positions shall be appointed by the BOARD from a list of applicants. The
BOARD shall give notice of the availability of the positions by article in the newspaper, and
seek applications therefore at least 30 days prior to filling the positions.
The Advisory Committee shall meet monthly and at such other times as the committee
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 committee shall determine.
The Advisory Committee shall adopt bylaws and shall provide advice and evaluation for
the BOARD and the Director on the following:
1. Call -taking, selective call -transfer and dispatch procedures and policies.
2. Continuous quality improvement monitoring and review of Center performance.
3. Priorities, policies and procedures for E9w 1-1 system enhancement, programming,
implementation and equipment usage.
4. Administrative and operational policies and procedures of the Center.
5. New equipment proposals.
6. Any other matters on which the Director or the BOARD may request advice or
evaluation.
Ix.
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 180 days prior to the
first day of July of any year. This agreement will remain in full force and effect as to a
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withdrawing party until the 30th 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.
a
TRANSITION PROVISION
The parties agree that the transition from the current dispatch operation to the
consolidated operation will require substantial planning, including consultations with current
staffs and their collective bargaining representatives. The parties therefore agree that the current
operation will continue after the execution of this Agreement, under the Memorandum of
Understanding executed by the 911 Administration Board, the Board of Commissioners, the
Sheriff and the Interim Emergency Services Director.
The BOARD shall work closely with the Sheriff and the Interim Emergency Services
Director to achieve a smooth transition. when the transition to the new building is complete, the
BOARD will hire a Director under Section III of this Agreement.
IN WITNESS WHEREOF, the parties execute this agreement effective this day of
March, 2009.
FLATHEAD COUNTY
By:
Dale W. Laum.an, Chairman
ATTEST:
By
Diana Idle, Clerk
CITY OF COLUMBIA FALLS
By:
William. F. Shaw, City Manager
ATTEST. -
By:
Susan M. Nicosia, City Clerk
(seal) (seal)
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CITY OF KALISPELL
Myrt Webb, Interim City Manager
ATTEST:
Theresa White, City Clerk
(seal)
STATE OF MONTANA )
:ss
County of Flathead )
CITY OF WHITEFISH
By
Charles C. Stearns, City Manager
ATTEST:
By:
Necile Lorang, Clerk
(seal)
On this day of March, 2009, before me, the undersigned Notary Public for the
State of Montana, personally appeared DALE W. LAUMAN and DIANA KILE, known to me to
be the Chairman of the Board of Commissioners and the Clerk of the Board, respectively, and
acknowledged to me that the County executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the
day and year last above written.
Debbie L. Boreson
(seal) Notary Public for the State of Montana
Residing at Kalispell
My commission expires: July 16, 2009
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STATE OF MONTANA )
:ss
County of Flathead )
On this day of March, 2009, before me, the undersigned Notary Public for the
State of Montana, personally appeared WILLIAM F. SHAW and SUSAN M. NICOSIA, known
to me to be the City Manager and City Clerk, respectively, and acknowledged to me that the City
of Columbia Falls executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the
day and year last above written.
(seal)
STATE OF MONTANA )
:ss
County of Flathead )
Printed Name. -
Notary Public for the State of Montana
Residing at
y commission expires:
On this day of March, 2009, before me, the undersigned Notary Public for the
State of Montana, personally appeared MYRT WEBB and THERESA WHITE, known to me to
be the Interim City Manager and City Clerk, respectively, and acknowledged to me that the City
of Kalispell executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the
day and year last above written.
(seal)
Printed Name. -
Notary Public for the State of Montana
Residing at
My commission expires:
Page I 1 of 12
STATE OF MONTANA )
:ss
County of Flathead )
Can this day of March, 2009, before me, the undersigned Notary Public for the
State of Montana, personally appeared CHARLES C. STEARNS and NECILE LORANG,
known to me to be the City Manager and City Clerk, respectively, and acknowledged to me that
the City of whitefish executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the
day and year last above written.
(seal)
Printed Dame:
Notary Public for the State of Montana
Residing at
My commission expires:
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