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HomeMy WebLinkAbout95- County/City Joint Communication/Dispatch Services/Records .. .... 3t//d~C{/;& Lorti A..tUf !Vo. Q5-o7fo INTERLOCAL AGREEMENT GALLATIN COUNTY - CITY OF BOZEMAN .JOINT COMMUNICATION/DISPATCH SERVICESIRECORDS THIS AGREEMENT is made and entered into this 19th day of December, 1995, between Gallatin County, Montana (County) and the City of Bozeman, Montana (City). WHEREAS, it is a financial and operationally efficient advantage to the county and City governments and their citizens to consolidate and establish a joint records and communication center to be known as the 911 communication Services Division (Division). WHEREAS, it will be more efficient and secure to provide a Division which is currently at the Law & Justice Center, 615 S. 16th, Bozeman, Montana, and which has an established communication center with the capability of providing consolidated services for communications and records. WHEREAS, the county and City desire to enter into this Interlocal Agreement by which the County and city will pay their share for and participate in the operation of the Division. WHEREAS, the County and city have the authority to enter into this agreement pursuant to Sections 7-11-101 through 7-11-108, MCA. NOW, THEREFORE, the County and City agree as follows: 1. PURPOSES OF INTERLOCAL AGREEMENT. The purposes of this Interlocal Agreement are to establish the operation and financing of a 911 Communication Services Division ("Division") for communi- cation/dispatch and records services, to define the relationship of an Administrative Board with the County and City and to establish the line of authority for the staff furnishing the communication services to the County and City and others who may contract for the services. 2. GOALS. The goals of this Agreement are to constantly evaluate operations, to jointly solve combined short and long-term communication problems and to continually pursue better communica- tions techniques, equipment and utilization of personnel resources in an effort to make city-County dispatching and records easier, faster and more cost effective for the public and users of the services. Meeting these goals will be based on realistic community needs, user safety, public safety, financing and mutual agreement between the County and city. 3. DURATION. The term of this Agreement shall be for a " . ' " . period of ten (10) years and shall be automatically renewed unless terminated pursuant to Section 9. This Agreement shall continue until modified or terminated as provided in this Agreement. 4. ADMINISTRATIVE BOARD. There is established an Adminis- trative Board (Board) which shall consist of the following members: ~ A. Gallatin County Sheriff B. Bozeman Police Chief C. Bozeman Fire Chief D. Gallatin County Attorney or designee E. Bozeman City Attorney or designee F. Gallatin County Commissioner G. Bozeman city Manager or designee The administrative organization, meetings and order of business of the Board shall be established in Bylaws which shall be approved by the Board. The fiscal and personnel functions of the Board shall be specified in the Bylaws. The membership of the Board may be increased by a majority vote of the whole membership of the Gallatin County commission and the Bozeman city Commission. At least fifty-one percent (51%) of the members of the Board shall be criminal justice agencies as required by Federal Regulations, Title 28, Chapter 1, Part 20 subpart C. The designees of the Gallatin County Attorney and Bozeman city Attorney shall be attorney staff members of the offices of the Gallatin county Attorney and Bozeman city Attorney. The Board shall recommend the development and implementation of guidelines for the efficient and effective operation of the Division. The Board shall have the authority to administer the Division and to hire a Communication Services Director (Director) for its operation. 5. SEPARATE LEGAL ENTITY. There shall be no separate legal entity created as a consequence of this Agreement. However, the Division shall be administered by the Board according to this Agreement and adopted Bylaws. 6. FINANCING. Th following provisions shall become effective on or before April 1, 1996 on a date to be determined by the Board: A. The county shall establish and maintain a separate fund to account f or the 911 Communication services Division funds. B. The approved budget of the Division shall be financed as follows: After subtracting all available revenues 2 . . ' .'. , , from the funding requirements for the budget to include but not be limited to Beginning Fund Balance, Projected Interest Income, city 911 Annual Allocation, County Local Matching Funds, County 911 Annual Allocation, Halls Ambulance, Fire Council, Airport, Belgrade, Three Forks, Manhattan and other applicable revenues, the County shall pay fifty-five percent (55%) . and the city shall pay forty-five percent (45%) of the remaining funding requirements. C. The County and the city shall retain existing fund balances in their respective 911 funds to finance their share of future capital improvements which exist on the effective date of this section of this Agreement. D. Future capital improvements shall be financed in the same manner as provided in section 6.B. above, except that existing fund balances may be drawn upon to provide the needed funding. E. The County and the City shall regularly review the contributions made by the other entities receiving dispatch services to insure that their contributions accurately reflect the cost of the services which they receive. F. The financing formula in section 6.B. above shall continue in effect until a mutually agreeable alternative financing mechanism is developed. The Board should consider an alternative financing mechanism, such as a county wide mill levy to finance the Division. G. Accumulated sick and annual leave balances of current County and City employees shall be transferred to the Division. The County and the city shall transfer sufficient cash to the 911 communication Services Division fund to offset the cost of the sick and annual leave benefits for their respective employees. H. Any employee comp time or costs resulting from comp time shall be eliminated as a liability prior to the transfer of the current County and city employees to the supervision of the Division. I. The County and city shall be equally responsible for the salary and benefits of the Director from the time that the Director is hired by the Board until this Section becomes effective. Thereafter, the salary and benefits shall be included in the budget provided for in this Agreement 7. DIVISION STAFF. The personnel of the Division shall be separately administered from the Gallatin County Sheriff Department and Bozeman Police Department by the Board. The personnel shall be under the supervision and direction of the 3 . . ", Director according to the policies of the Fiscal Agent. B. PROPERTY INTEREST. Ownership of property purchased by the County or City before the execution of this Agreement shall be retained by the entity which purchased the property. Ownership of any property which is separately purchased by the County or city during the term of this Agreement shall be the sole property of the entity which purchased the property. Ownership of property which is jointly purchased by the County and city shall be divided according to Section 9. 9. TERMINATION AND PROPERTY DISPOSAL. Either party may terminate this Agreement by providing the other with written notice of intent to terminate. The notice shall be given no later than three (3) years before the end of the term of this Agreement. Upon termination all property purchased solely by the County or City, either before or during the term of this Agreement, shall revert to the entity which bought the property. Upon termination the other party to whom the written notice of intent to terminate is given shall have the option to purchase all of the property which was jointly purchased by the County and City during the term of this Agreement at its fair market value at the time of termination, to be mutually agreed upon between the County and City. If the City and County are unable to agree on the valuation of the property, such fair market value shall be determined by three appraisers, one to be chosen by the City, one to be chosen by the County and one by the two chosen appraisers. In the event that the other party does not purchase the property the jointly purchased property shall be divided between the County and City in the same proportion that the original contribution made by the County and City bears to the original purchase price. Any unspent 911 funds shall be distributed to participating entities based on percentage of funds contributed. 10. MEDIATION. Should a question or dispute arise as to the meaning of any provision of this Agreement or to the scope of this Agreement, the question or dispute may be submitted to a mediator chosen from the Gallatin County Bar Association. A request to mediate shall be submitted in writing by the party desiring mediation and shall specify the question or dispute for mediation. within ten (10) working days after receipt of a request for mediation, the party receiving the request shall submit a written response stating its position on the question or dispute. If no agreement or resolution is reached within ten (10) 4 . " working days after receipt of the response by the requesting party, the party requesting mediation shall provide a list of three (3) names from the Gallatin County Bar Association. Upon receipt of the list of names the party not requesting mediation shall strike a name from the list. The other party shall then strike a name. The person left shall be the mediator. The decision of the mediator is not binding on the parties. Each party shall be equally responsible for the costs of the mediator. The arbitrator shall only issue a decision with respect to the question or dispute. 11. REVIEW/EVALUATION. This Agreement shall be reviewed not later than one year after its effective date by the County and City to evaluate the efficiency of the present organizational structure. The review shall include the membership of the Board. Adjustments and modifications may thereafter be recommended and made according to section 19 of this Agreement. 12. LIABILITY. The Division shall be a function of Gallatin County which shall maintain in full force and effect a policy of liability insurance coverage to the extent of the full limits of section 2-9-108, MCA. 13. NON-WAIVER. Waiver by either party of strict performance or any provision of this Agreement shall not be a waiver of or prejudice the party's rights to require strict performance of the same provision in the future or of any other provisions. 14. TIME OF ESSENCE. It is mutually agreed that time is of the essence in the performance of all covenants and conditions to be kept and performed under the terms of this Agreement. 15. HEADINGS. The section headings contained herein are for convenience and reference and are not intended to define or limit the scope of any provision of this Agreement. 16. NOTICES. All notices required under this Agreement shall be deemed to be properly served if delivered in writing, personally or sent by certified or registered mail to the last address previously furnished by the parties hereto. Until hereafter changed by the parties by notice in writing, notices shall be sent to the Chairman of the Gallatin County Commission, courthouse, 311 West Main st., Bozeman, Montana 59715, and to the city Manager, city of Bozeman, Box 640, Bozeman, Montana 59715. The date of mailing shall be deemed the date of giving such notice and service thereof. 17. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement between the parties. No alterations, modifications, or additions to this Agreement shall be binding unless reduced to writing and signed by the parties to be charged herewith. No 5 . ". . , covenant, term or addition to this Agreement shall be deemed waived by either party unless such waiver shall be reduced to writing and signed by the parties. 18~ AMENDMENTS. The terms and conditions of this Agreement may not be modified or amended except by an instrument in writing executed by each of the parties hereto. No oral modification shall be enforceable. 19~ SEVERABILITY~ The provisions of this Agreement shall be deemed independent and severable, and the invalidity, partial invalidity, or unenforceability of any one provision or portion thereof shall not affect the validity or enforceability of any other provision herein. 20~ EFFECTIVE DATE. This Agreement shall be effective after approval by the respective governing bodies. It is the intent that said Agreement shall be effective on the date stated in the first paragraph of this Agreement. 21~ RECORDATION. This Agreement shall be filed with the Gallatin County Clerk and Recorder and Montana Secretary of State as required by Section 7-11-107, MCA. BOARD OF COUNTY COMMISSIONERS GALLATIN COUNTY, MONTANA ~.1J\ A/.trvL;V1 Chairman ~ ~~~u M~)tIber ~ (2cY~~ Member ATTEST: Approved as to legal con cn~{j~p~ ^ ' Gallatin ~rney 6 . ... .. '- .. CIT.~\r ~ C By_:_ "v\N\ .------ Its yor , - ~eto~d~~ 7