HomeMy WebLinkAbout97- Disaster and Emergency Services coordinator and Hazardous Materials Contract
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DISASTER AND EMERGENCY SERVICES COORDINATOR AND
HAZARDOUS MATERIALS CONTRACT
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THIS AGREEMENT is made and entered into this 1 st day of July, '1997, by and
betWeen Gallatin County, Montana, a political subdivision of the State of Montana,
hereinafter referred to as "County" and the City of Bozeman, Montana, hereinafter
referred to as "Contractor",
WITNESSETH:
WHEREAS, Title 1 0, Chapter 3, Parts 1 through 4 MCA provide counties with the
authority and responsibility to provide disaster and emergency services; and,
WHEREAS, Title 7, Section 33, Part 220'1, et seq., MCA authorizes the County to
protect range, farm, and forest resources from fire and to appoint a county rural fire
chief; and,
WHEREAS, the County has a need for professional response to hazardous material
incidents by the Contractor who has technical expertise and equipment; and,
WHEREAS, the Contractor through the Bozeman Fire Chief and staff are trained in
disaster emergency response, and have equipment necessary to respond to natural and
manmade disaster; and,
WHEREAS, the Contractor through the Bozeman Fire Chief has the technical expertise
and equipment necessary to respond to hazardous material emergencies; and,
WH!::REAS, the County and the Contractor desire to enter into one agreement for
disaster and emergency services, and hazardous material response and training so as
to provide consistent information and coverage to all residents of Gallatin County.
NOW THEREFORE, it is agreed by and between the County and the Contractor as
follows:
1 E.ldIPQS_~: The purpose of this agreement is to provide and secure the centralizing
of disaster and emergency services and hazardous materials response in one
cohesive organization for the benefit of all residents in Gallatin County,
Term: This agreement shall become effective on July 1, 1997, and shall remain
in effect through June 30, 1998, unless terminated as provided in Section 10
This agreement shall automatically renew, unless either party sends written
notice of termination on or before April 1, of subsequent years, Notice shall be
sent to the addresses contained herein
2, Levels of Qe.Q(Jc.~,:, The Contractor shall have the following duties and
responsibilities:
a) Disaster and Emergency Services:
i) Maintain a realistic county-wide Emergency Operations Plan
(EOP);
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ii) Provide yearly exercises of the EOP and Emergency Operations
Center (EOC);
iii) Store Radiological instruments and be trained in their use;
iv) Prepare critique of emergencies and disasters within the county;
v) Identify shortcomings in the local communities' response
capabilities, and facilitate solutions;
vi) Provide training opportunities to county commiSSIoners,
managers general public and responders for all risk emergencies:
vii) During emergencies and disasters, staff the Emergency
Operations Center and establish procedures for effective
response;
viii) Coordinate with the private sector, including but not limited to:
Gallatin Airport, Bozeman Deaconess Hospital, the Ham Radio
Operators Association, the American Red Cross, and the Search
and Rescue Volunteers. The contractor shall coordinate with
public sector entities, including but not limited to: Department of
State Lands, the United States Forest Service, the Gallatin
County Sheriff's Department, and Montana State University;
ix) Assist and advise Gallatin County on compliance with the
requirements of Title 10 Chapter 3, Parts 1 through 4 MCA:
x) AssIst and advise Gallatin County on compliance with the
requirements of SARA subtitle III (TO BE CLARIFIED)
xi) Participate in the annual Governor's Conference on Disaster and
Emergency Preparedness, and continue with ongoing training as
may be required of Disaster and Emergency Coordinators by the
State of Montana:
xii) Report to the County Commission on a quarterly basis stating the
activities undertaken and the steps taken to comply with the
provisions of this contract;
xiii) Prepare a yearly budgetary request covering supplies, equipment,
contractual costs, training and capital expenses,
b) Haz Mat Services:
i) Provide effective coordinated emergency response support to
local jurisdictions for incidents involving the release or potential
release of hazardous materials at transportation and fixed site
spills; releases or threat of release of hazardous materials and
incidents involving abandoned materials which may pose a threat
to human health or the environment;
ii) Provide remote or on-site technical assistance and advice to local
jurisdiction incident commander when requested;
iii) To control the actual release or threatened release of hazardous
materials for the purpose of control or stabilization of the incident
for local jurisdictions at the request and under the direction of the
incident commander;
iv) To respond to releases or threatened releases of hazaraous
materials for the purpose of control or stabilization of the incident
for local jurisdictions at the request and under the direction of the
incident commander;
v) To implement and use the Incident Management System (1M3) on
all support responses for team operations;
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vi) Cooperate with the directions of the local jurisdiction incident
commander for on-site emergency response activities;
vii) Educate and train employees in hazardous materials response on
a continuing basis, as required by O.S,H.A. and E.P..A,
regulations;
viii) Participate in incident critique to aid in future prevention and
improved emergency response;
ix) Designate fire department personnel to an emergency response
duty roster;
x) Develop and implement local standard operating procedures for
hazardous materials emergency response; and,
xi) Maintain a regional hazardous materials response team for
support of hazardous materials operations by regional jurisdictions
in accordance with the Montana Hazardous Materials and Incident
Management and Response Support Plan
3. QJJties Of County: The County shall have the following duties, in addition to the
finance costs stated in Section 5 'Compensation':
a) Provide and maintain an Emergency Operations Center (EOC) equipped
with phone lines, office supplies and equipment mutually agreed upon
between the Contractor and the County;
b) Participate in a minimum of one (1) emergency response exercise per
year;
c) Assist with resources and personnel as needej for an emergency
response;
d) Respond to calls to the EOC when requested by the Contractor during an
Emergency Response;
e) Pay for the registration and travel costs of one employee of the contractor
for the annual Governor's Conference on D.E,S, Preparedness, and for
any other training required by the State of Montana for Disastw and
Emergency Coordinators;
f) Maintain an operations budget covering the costs and anticipated costs of
rendering DES services, pursuant to the items stated in this agreement;
4. Compensation The Contractor will be compensated in an amount mutually
agreed upon before May 31, of each year, The FY 98 mutually agreed upon
amount is $43,621 for D,E.S activities,
The parties agree that in the event of significant extenuating circumstances
requiring the utilization of personnel and equipment for activities not anticipated
during the negotiations on this contract, the Contractor may be entitled to
additional compensation beyond the agreed upon amount of this agreement.
Any additional compensation must be mutually agreed upon, The Contractor
must notify the County prior to or as soon as possible when additional
compensation is anticipated.
Payments shall be made in four (4) quarterly installments, The County shall
make remittance on or before Sept. 1, Dec, 1, March 1, and June 1 of each year,
1i. J:;LQ.?-_<3rdous Material Budget Allocation: The County and the Contractor shall
meet during the first week of May each year that this agreement is in effect to
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establish a joint budget for Hazardous Materials Expenses, A detailed request
will be prepared by the Bozeman Fire Chief prior to the joint meeting, At the joint
meeting detailed spending authority will be negotiated. The funding for the
Hazardous Materials budget shall be split equally between the County and the
City of Bozeman, Other incorporated areas and MSU will be approached and
contracted with for funding of the Haz Mat Response,
(i. Liability and Insura,nce:
a. .lnsuranc~..,; The Contractm shall provide the following Insurance coverage
and proof of coverage to the County by delivering a certificate of insurance or other
proof of insurance to the Gallatin County Commissioners, Gallatin County Courthouse,
311 West Main Street, Room 301, Bozeman, MT 59715, within ten (10) days of
execution of this agreement.
I. Workers' Compensation, Contractor shall provide Workers'
Compensation for all employees hired to accompiish the duties dessribed in this
agreement.
II. ~omplehensive General Liability Insurance, Contractor shall carry
comprehensive general liability insurance which includes bodily injury and
property damage, with limits of not less than the statutory limits which are
currently established at $750,000 for each claim and $1,500,000 for each
occurrence,
b LiabiJl1y: Contractor shall hold harmless and indemnify the County, its
officers, employees, and agents against any and all actions, suits, claims, demands, or
liability of any character whatsoever, brought or asserted for injuries to or death of any
person or persons, or damage to property arising out of, resulting from, or occurring in
connection with this contract, but only in proportion to and to the extent such liability,
loss, expense, attorneys' fees, or claims for injuries or damages are caused by or result
from the negligent or Intentional acts or omissions of the Contractor, its officers, agents,
or employees,
7 C~gQjJqJ pur~hases: Purchases of equipment, apparatus and protective clothing
for Hazardous Material shall be jointly owned, based on the amount the city and
county contributed to their purchase, In the event this contract is not renewed
capital purchases will be divided based upon the proportionate contribution made
for these assets. Remaining consumable supplies will be divided equally
between the parties~
8. JermLml1ion: This agreement may be terminated upon mutual agreement of the
parties, upon failure of the Contractor or County to perform its duties as specified
in this agreement, or by either party given thirty (30) day written notice to the
other party. In the event that termination under this paragraph occurs prior to
the expiration of the term of this agreement the Contractor shall refund
unexpended funds.
9, Compliance. If the funds are paid to the Contractor under this agreement and the
Contractor is unable to provide the services or facilities as specified in this
agreement, the funds must be returned to the County. Any unexpended funds at
the end of each year shall be remitted to the county.
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10. Records. The Contractor shall maintain accounts, records and other evidence
pertaining to the funds expended under this agreement for a period of five (5)
years. The system of accounting employed by the Contractor shall be in
accordance with generally accepted accounting principles and wi!! be applied in a
consistent manner so that the expenditures under this agreement can be clearly
identified from all other expenses,
11, Ind;mendent Provider/Agency. The Contractor is an independent provider or
contractor, providing services or facilities for the County, Neither the Contractor
nor any of its employees are employees of the County under this agreement, nor
wili they be considered employees of the County under any subsequent
amendment to this agreement, unless otherwise expressec To that end, the
County will not be responsible for withholding of any state and federal taxes or
social security, nor will the County extend any of the benefits to the Contractor that
it extends to employees of the County, The Contractor will be required to maintain
the necessary workers' compensation coverage for its employees, unless mutually
agreed to between the parties to this agreement
12, Interpretation This agreement shall be governed and interpreted according to the
laws of the State of Montana.
a) The section headings contained herein are for convenience only and are
not intended to define or limit the scope of any provisions of this
agreement.
b) The provisions of this agreement are independent and severable. and the
invalidity, partial invalidity, or unenforceability of anyone provision or
portion thereof shall not affect the validity or enforceability of any other
provIsion.
13. ~ntin:L6greement. This agreement is the entire agreement between the parties,
No alterations, modifications, or additions to this agreemen~ shalf be binding unless
reduced to writing and signed by the parties
14 AVgjJQ.QU jty_Qf..E u rills. The County and Contractor agree that if, for any reason,
revenues received by the county are insufficient to pay the amount agreed to that
the County may adjust the amount specified based on actual availability of cash
and revenue, In the event that funds are decreased the parties agree to negotiate
the level of services proportionate to any reduction in funding.
15, Amendment Yo Agreement Amendments to this agreement may be made jointly
by the parties. All amendments must be in writing and signed by both parties prior
to implementation.
16 An IJ!J.P I IDY_e..oto[y Qf 8~s.~lli 6nc;;t Assigned Values. On or before June 15 of each
year the contractor shall submit a list of fixed assets and assign a value to each
item_
17, Bjiliog AnQ CoJle_clion For Recovera_pls; c.L!OQ9.. The Contractor is responsible for
the submitting of the report to the State of Montana for reimbursement of DES
funds. The Contractor is also responsible to prepare bills and submit them to the
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appropriate third party for recovery of expenses associated with hazardous
materials and disaster services.
DP,TED this 13th day of June, 1997,
GALLATIN COUNTY
CITY 8F BOZEMAN BOARD OF COUNTY COMMISSIONERS
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er Phil Olson, Chairman
ATIEST v .L~U.-4~0
G!J.:J ~ mber /,
Robin Sullivan, City Clerk
A TIEST:
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City Attorn~
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MODIFICATION TO AGREEMENT
DISASTER AND EMERGENCY SERVICES COORDINATOR AND HAZARDOUS MATERIbLS
THIS MODIFICJ.I~TION TO AN AGR.EEMENT, is made by and between:
GALLATIN COUNTY, 31.1 W. Main StY'eet, Room 301, Bozeman,
Montana 59715, Telephone: 406-582-3000 ("COUNTY"); ane., CITY OF
BOZEMAN, 411 E. Main, Bozeman, Montana 59715, Telephone: 406-582
2 3 0 0 (" CITY") .
WHER.EAS, the COUNTY and CITY entered into Gallatin County-
Contract 98-62 on June 13, 1997 which went into effect on July
1, 1997 regarding Disaster and Emergency Services Coordinator
and Hazardous Materials ("Agreement") i and,
WHEREAS I the pa:::ties intend to modify typographical
inconsistencies in the .i\greement and augment compensation for
Fiscal Year 1999;
NOW, THEREFORE, lD consideratioD of the terms, conditione,
covenants and performance contained herein the Parties here La
agree to modify the Agreement as follows:
1. Page 2, Section 2.a.x of the Agreement shall be modified as follows:
Assist and advise Gallatin County on compliance with the
requirements of SARA Subtitle III.
2. Page 3, Section 4 of the Agreement shall be modified as follows:
Compensation: The Contractor will be compensated in an
amount mutually agreed upon before May 31 of each year,
The FY 99 mutually agreed upon amount is $45,754 for DES
activities.
END OF AGREEMENT EXCEPT FOR SIGNATURE PAGE
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DATED this dIf day of July, 1998.
GALLATIN COUNTY
CITY OF BOZEMAN COMMISSIONERS
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Clark Johnson, eny Manager Phil Olson. Chaim1an
ATrEST:
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Robin Sullivan, Citv Clerk Jarvis Brown. Member J
APPROVED--A:S TO FORM: ATTEST:
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SECOND MODIFICATION TO AGREEMENT
DISASTER AND EMERGENCY SERVICES COORDINATOR AND HAZARDOUS
MATERIALS
TIllS MODIFICATION TO AN AGREENfENT, is made by and between:
GALLATIN COUNTY, 311 W. Main Street, Room 301, Bozeman, Montana 59715,
Telephone: 406-582-3000 ("COUNTY"); and, CITY OF BOZElVIAN, 411 E. Main, Bozeman,
Montana 59715, Telephone: 406-582-2300 ("CITY").
WHERE.A.s, the COUNTY and CITY entered into Gallatin County Contract 98-62 on June
13, 1997 which went into effect on July 1, 1997 regarding Disaster and Emergency Services
Coordinator and Hazardous Materials ("Agreement"); and,
WHEREAS, the County and City amended the Agreement by written modification dated July
28, 1998;
WHEREAS, the parties intend to modity the Agreement to augment compensation for Fiscal
Year 2000;
NOW, THEREFORE, in consideration of the terms, conditions, covenants and pertorrnance
c8ntained heniin the Parties hereto agree to modify the Agreement as tallows:
l. All terms of the Agreement and the modification referenced herein arc incorporated by
reference herein except the following changes shall be made:
A The first paragraph of Page 3, Section 4 of the Agreement shall now read:
Compensation: The Contrac1:or will be compensated in an amount
mutually agreed upon before May 31 of each year. The FY 00
mutually agreed upon amount is $47,171.40 for DES activities.
END OF AGREE\1ENT EXCEPT FOR SIGNATURE PAGE
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DATED this day of JtJ!trnlwv:1999.
I
GALLATIN COUNTY
CITY OF BOZEMAN COMMISSIONERS
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Clark Johnson, City Manager
ATTEST:
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Robin Sullivan, City Clerk Jennifer Smith Mitchell, Member
ATTEST:
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Shelley Vance, C(erk & Recorder -
County Commission
GALLATIN COUNTY William A. Murdock
Phil Olson
Jennifer Smith Mitchell
311 West Main, RIll. 301 · Bozeman, MT 59715
Phone (406) 582-3000
FAX (406) 582-3003
M E 1\1 0 R A N D U 1\;1
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DATE: J 1 '-'0 -r 99')
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TO: Aaron Ilolst, DES COGrdinatot' ~ ~ wW\
FROM: COLlnty Conunissioners
RE: Disaster & Elner:~ency Services Cocll'dinator & HazarclousMatcrials
A;;reement
_"_,_,,,._~_.~_~ ~m.,"'.w,.
'lUll are hereby notified that Gallatin County wishes to maintain its current status with
the City of Bozeman with n_\~~ard to the delivery of DES & HaZlvlat services, inclusive of
the second Jllodification to Contract I ~)~).s-G2.
It' YOLI need anydring fLlrther, please contact us.
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COUNTY CONTRACT ROUTING FORM
GALLATI~ COUNT: CONTRACT ~~ 2 flfi-"~
NAME OF CONTRACT: . US 'tJr~~
EFFECTIVE DATE: EXPIRATION DATE: RENEWAL DATES. _~
I ALL CONTRACTS MUST BE COMPLETED A MINIMUM OF 10 DA YS PRIOR TO EFFECTIVE DATE I
RESPONSIBLE DEPARTMENT: ~~~
NOTES/INSTRUCTIONS: 'M C~ ~ ~: C/'V~I D11 +v &t1Jrcl/(j ff 2]--&~
FISCAL OFFICER APPROVED
OA TE RETURNED TO RESPl
DATE SiGNED BY COM;..lL
COri'iTY CONTR,\CT .'iUMBER: -, ~~~-~~
vVHO SHOULD RECEIVE COpy OF COlVIPLETED C()NTRACT'!
(Check appropriate Offices)
CLERK AND RECORDER [ORlGINAL] FISCAL OFFICER
G::i -~- RESPONSIBLE DEPARTMENT HEALTH - NURSfNG
COUNTY A TTOR,,'\iEY ----- HEALTH - ENVIRONMENTAL
COUNTY COMMISSIONERS ~~._.,-~~ REST HorvrE
-,-~~
t\SSESSOR ROAD OFFICE
---
AUDITOR - C & R ACCOUNTING -- SHERIFF OFFICE
-
DES WEED DEPARTrvlENT
_.._-~-
FACILITIES
INSURANCE COrvlPANY (Name): -_._'~----
Attention: "........----~~~---~_.~-~.
OTHERS (Include: Entity. Mailing Address. Phone #, and Contact Person) _~___._____.
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O,A TE C & R DISTRIBUTED: SEPTEMBEH :3/ 1999
March 25. 1996
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MODI FICA TION TO AGREEMENT
DISASTER AND EMERGENCY SERVICES COORDINATOR AND HAZARDOUS MATERIALS
THIS MODIFICATION TO AN AGREEMENT, is made by and between:
GAI,LATIN COUNTY, 311 West Main Street, Room 301, Bozeman, Montana 59715, Telephone:
406-582-3000 ("COUNTY"); and, CITY OF BOZEMAN, 411 East Main Strect, Bozeman, Montana 59715,
Telephone: 406-582-2300 ("CITY").
WHEREAS, the COUNTY and CITY entered into Gallatin County Contract 98-62 on June 13,
1997, which went into effect on July 1, 1997, regarding Disaster and Emergency Services
Coordinator and Hazardous Materials ("Agreement"); and,
WHEREAS, the COUNTY and CITY amended the Agreement by written modiflcations dated July 28,
1998, and Septcmber 8, 1999;
WHEREAS, the parties intend to modity the Agreement to augment compensation for Fiscal Year 2001.
NOW, THEREFORE, in consideration of the terms, conditions, covenants and performance
contained herein, the Parties hereto agree to modity the Agreement as follows:
l. All terms of the Agreement and the moditlcations referenced herein are incorporated by
reference herein except the following changes shall be made:
A Page 3, Section 4 of the Agreement shall be modified as follows:
Compensation: The Contractor will be compensated in an
amount mutually agreed upon before May 31 of each year. The
FY 01 mutually agreed upon amount is $48,586 for DES
activities.
END OF AGREEMENT EXCEPT FOR SIGNATURE PAGE
/':\IIUJ,:~n\()l r)I~S&IIM Agree Mo(htie<ltlon wpd
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DATED this t., ay 0 _____1___ jl I ,2000.
GALLATIN COUNTY
CITY OF BOZEMAN COMMISSIONERS
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Clark Johnson, City Manager Phil Olson, Chairman
ATTEST:
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Robin Sullivan, City Clerk Jennifer Smith-Mitchell, Member
APPROVED AS TO FORM: ATTEST:
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Pau Shelley Vance, C erk & Recorder
Z:\IIUI..:::;"J\OI DJi::-i&IIM Agree Moditicat.ion,wpd
I MODIFICA TION TO AGREEMENT
DISASTER AND EMERGENCY SERVICES COORDINATOR AND HAZARDOUS MATERIALS
I
I
THIS MODIFICATION TO AN AGREEMENT, is made by and between:
GALLATIN COUNTY, 311 West Main Street, Room 301, Bozeman, Montana 59715, Telephone:
406-582-3000 ("COUNTY"); and, CITY OF BOZEMAN, 411 East Main Street, Bozeman, Montana 59715,
Telephone: 406-582-2300 ("CITY").
WHEREAS, the COUNTY and CITY entered into Gallatin County Contract 98-62 on Junc 13,
1997, which went into effect on July I, 1997, regarding Disaster and Emergency Services
Coordinator and Hazardous Materials ("Agreement"); and,
WHEREAS, the COUNTY and CITY amended the Agrcemcnt by written modifications dated July 28,
1998, and September 8, 1999, and May 8' 2000;
WHEREAS, the parties intend to modify thc Agrccmcnt to augment compensation for Fiscal Year
2003.
NOW, THEREFORE, in consideration of the terms, conditions, covenants and performance
contained herein, thc Parties hereto agree to modify the Agreemcnt as follows:
1. AU terms of the A,!:,Jfeement and the modifications referenced herein arc incorporated by
reference hercin except the following changes shall be made:
A. Page 3, Section 4 of the Agreement shall bc moditied as follows:
Compensation: Thc Contractor will be compensatcd in an
amount mutually agrecd upon before July 1 of each year. The
FY 03 mutually agrced upon amount is $56,082.00 fl.)r DES
activities. ~
END OF AGREEMENT EXCEPT FOR SIGNATURE PAGE
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I DATED this /J- day of iVcJViJm.i2!!c_, 2000.
GALLATIN COUNTY
CITY OF BOZEMAN COMMISSIONERS
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Clark Johnson, City Manager Jennifer Smith Mitchell, Memb!
ATTEST:
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Robin Sullivan, City Clerk
APPROVED AS TO FORM:
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COUNTY CONTRACT
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COUNTY CONTRACT NUl'vlI3ER -
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COUNTY CONTRACT ROUTING FORM
i DE;0j HAZIYl;\:I" ,______
CQNTRACT NAME: u_________._._____..._
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EFFECTIVE DATE: -,-, EXPIR.A TI0N DA-rI:: --~,_.,...,., -.-- RENEWAL DATES ---------
RESPONSIBLE DEPARTMENT: DES .---.....,.-. .-..." ,...---...--
NOTES/INSTRUC'lIONS:~~.\..ul'O l.;),.~~__ __ Q.\~mOD_\_~Q."--~~...
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SIGNED BY OUTSIDE PARTIES: ._-~.'~--_.~- I ED)JY OLrrSIDE PARTlES:
QJlINTY ...c\J_TClRNFY ,\PPROV AL AS TO IXCii\!.. CONTFN'T: . UAII~:/~-Illlfr;L~
1-IS(',\L ClIIYTR AI'I'IWVAL AS TO ^ VAILMlIX I-UN DIN( Di\TF J;> /1'1 Ie).? =-~r:,z/)" ~f <"--'"?'L
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IJAIl': SIGNED IlY (-()M\-'IIS8Sllili~::; \<1q6_ ..OlaZA____ ;Jy> 7-;;; 54 -'I :-1:(_.-"f/ ~3'7 7
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WHO SHOULD RECEIVE COPY OF COMI>LE'I'ED CONTRACT?
(Check appropriate 0 ffiees)
x CLERK AND RECORDEIZ [ORICiINALl l De:, / J..J-4z. /YlA--r
x RESPONSIBLE DEPARTMENT HEALTII - NURSINCJ
CCHJNTY ATTORNEY -- r IEALTIT - ENVIRONtvIENTAL
-- COUNTY COMNIISSIONERS IZEST HOMI:
FISCAL .~"-' .--.-.--- ROAD OFFICE
~--".- AUDITOR --.--...".--..".. -.. Sl jERIFF OFFICE
GRANTS WEED DEPARTMENT
FACIIXnES
r-:Jsr.rp.../\.NCE CC:~,1P/,i';Y C~;~t21~.:): . _.___._________n ~ ---.--..-.... no . __....________.__.__...___..
Attention:
----.--.--.---
OTHERS (Include: Entity, Mailing Address, Phol1l.; ft, and Contact Person)
'Rob 10 ~\\:" ArU ( ~;.\."" Co~"": ~; oV
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D.\TE C 8:: R DISTRIBUTED: