HomeMy WebLinkAbout94- DES Coordinator Contract
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This 4greement is made and entered into on the 1st day of
July, 1994) by and between Gallatin County, Montana, a political
subdivis~on of the State of Montana, hereinafter referred to as
"county"and. the City of Bozeman, Montana, hereinafter referred to
as "Contractor."
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WherleaS Title 10, Chapter 3, Parts 1 through 4 MeA provide
counties w~th the authority and responsibility to provide disaster
and emergency services;
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Wheteas, the Bozeman Fire Chief and
emergency response, and have equipment
natural ~nd manmade disasters;
DES COORDINATOR CONT~~CT
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his staff are trained in
necessary to respond to
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Whe~eas the County desires to enter into a contract with the
City of BOIzeman for the Bozeman Fire Chief to be the Gallatin
County Disaster Emergency Services Coordinator and to provide
disaster land emergency related services to the CountYi and '
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Whereas the Cour.ty and the Contractor agree to perform the.
services c~ntained in this agreement.
NOW THEREFORE, IN MUTUAL CONSI~E~~TION OF THE COVENANTS
CONTAINEO REREIN, the County and the Contractor agree as follows:
1.
TERN. I This
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5.. a...!. rernaln
termiJilated as
agreement shall take effect on July 1, 1994, and
in effect until June 30, 1995, unless sooner
provided in this agreement.
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2. COMPE1kSATION. The Contractor will be compensated in an amount
mutually agreed upon each year, to be paid on September 1 of
each year this agreement is in effect. This mutually agreed
upon amount will be equal to or greater than the sum of 50
perceht of a Bozeman Fire Department Caotain's current annual
salery and 25 percent of a City of Bozeman clerk-typist' s
annUa~ salary, excluding benefits and longevity. The parties
agree'that the contractor, based upon experience in meeting
the tequirement~ of this agreement, may be entitled to
add~tional compensation over and above the agreed upon amount
because of extenuating circumstances and demands placed upon
the contractor. This additiona~ compensation shall be
mutua~ly agreed upon by the parties.
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3. TE~~INATION. This agreement may be terminated upon mutual
agreement of the parties, upon fai':"'lre of the Contractor or
Count'.y 'Co gerfo~ its dut.:..es as spec.:..fied in this agreement,
or byiei'Cher party upon thi~ty (30) days written notice to .the
otheri. In the event that termina:.ion under this pa:-agraph
occur~ prio~ to ~he expira~io~ of the term of this contract,
the dontractor sha:l refund unexpe~ded funds.
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HUG 15 '';44 14:0:::: GHLLHTm ':(1 C':'I'tr'1 <
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4.
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CONTRISUTIONS All'D TAXES. The parties agree that this
agreement does not create in the con~ractor designated herein,
any: rights to penefi ts, health lnsura.nce, or retirement
pro~ided by the County. Further, the parties agree that the
County will not withhold taxes and social security payments or
mak~ ~ontribution5 to these progra~5.
DUTIE$ OF CONTRACTOR. The Contract.or shall have the following
dutie~:
A. ,Maintain a realistic county-wide Emergency Operations Plan.
( E:OP) .
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S. ;p~ovide yearly exercises of the EOP and EOC.
C. : Siore radiological instruments and be trained in their
'use.
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D. Fq.cilitate critiques of la::."ge emergencies and disasters
wfthin the county.
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5.
E.
Id.entify shortcomings in the loca:' communities I response
!capabilities, and facilitate solutions.
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F.
piovide training opportunities
· managers, general public ar.d
.e~e=gencies.
to county commissioners"
responders for all risk
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G. ,DlJiring emergencies Slnd' disasters, sta::f the Emergency
!Ooe~ations Center and establish procedures for effective
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response.
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:H. Cq,ordinate with the privat.e sector, inc:l\lding but not
: limited to: Gallatin Airpor"t., Bozeman Deaconess Hospital,
I the Ham Radio Operators Volunteer ]..ssociation, the
!~~erican Red Cross, and the Search and Rescue Voluntee~s.
I The Contract-or sr...all also coordinate with public sector
I entities I including but not limited to: Department of
i State Lands, the United States Forest Service, the
! Gallatin County Sheriff's Oe?art~ent, and Montana State
Ur.ive:rsity.
I. Jl.ssist and advise Gallatir'.. Count'\" on compliance with the
, requirements of Title 10, Chapte::; 3, Parts 1 through 4,
MeA.
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0. i Assist ane advise
r!2(p~:7rnents of
clar ~:: :.ed) .
Gallatin Couaty on compliance with the
SARA s;J.btitle III (this will be
K. pa:ctic'_: ....:.e in ':-.' e ar'..:1t.:.el Gove:=:-nor's Conference on
Diisaster and E:'l\ergency !?re;Jared:::ess, and continue with
ofngoing trainirrg as may oere';:;:uired of Disaste:- and
Epe~gency Coordinators b: t~e Sta~e of Monta~a.
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HUG 15 '94 14: 0'~ ';HLLHTHi ':0 ':':'t"'lr"
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DUT]ES OF THE COUNTY.
duties:
The County shall have the following
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A. ~rovide and maintain an Emergency Ope~ations Center (EOC)
:equlpped with phone lines, office supplies and equipment
mutually agreed upon between the Contractor and the
co:Unty.
B. 'Palrticipate ir.. a minimum of one (1) emergency response
;ex:ercise per year.
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c . Asisist with resources and personnel as needed for aij.
~emergency response.
D.
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Respond to calls to the Emergency Operations Center when
r~quested by the Contractor during an emergency response.
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Pay for the registration end travel costs of the
Cdntractor for the annual Governor's Conference :on
D~.9aster and Emergency Prepa::.'edneS5 f and for any other
!training required by the State 0= Montana for Disaster and
'Emergency Coo~dinators.
F. Maintain an operations budget covering the costs and
! aItticipated costs of rendering disaster and emergency
s,rvices.
E.
7.' CHA:!!:N: OF COMM..ZU,m. The Contractor represents that there is a
chain: of command in place within the Bozeman Fire Department,
andtte parties agree that the chain of command will determlne
which! individual or .:..ndividuals ,,,,ill aSSut;\e the same duties
and powers of the Disaster and Emergency Services coordinator
underlthis agreement in the absence of the Bozeman Fire Chief.
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8. SUP~RVISION. The Bozeman Fire Chief is responsible for the
adrnin~stration of this agreement, and is responsible to the
Boated: of County Commissioners 0: Gallatin County for the
per-ifotr-mance of this agreement. The Contractor does not have
the authori,:y to obligate the CO'..l.nty in e.:ty matter other than
as sp~cif~ed in th~s agreement. Any actio~ requiring approval
of !the CO:.J.nty must be formally approvec. and entered into by
the Board of C04nty Commissioners of Gal~atin county.
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9 . INSUFJA..N'CE. The County shall provide lie-bili ty insurance, for
the Contra.ctor and the County while they a::"e performing duties
specified in this ag~eeme~t, ~ncluding ope~ating any county
venia:e assioned to t~em.
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HII'-=:' 15 0'34 14; 1[1 ';HLLHTH~ I:':' ':':'1'11'1
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In w~the5S whereof we have hereunto set our hands the date~f
this agreiem!ent.
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GALLATIN COUNTY COMMISSION:
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NOT AVAILABLE FOR SIGNATURE
,
Kris Dunn, !Member
ATTEST:
APprovediftr Legal Content:
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Da:.e
CITY OF BOZEMAN:
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Aaron E. Holst, Fire Chief
qv~' 2. !~~
J~es E. Wysocki, City nager
ATTEST:
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Robin L. Sullivan
Clerk of the Commission
Ap?roved as to Form:
J'..:.lv 15. 1994
Date
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MEMORANDUM
TO: Jim Wysocki, City Manager
FROM:
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Board of County Commissioners (/ ff /IY r y.p-
RE.
Amendment to D.E.S. contract
DATE:
9/20/94
Attached for your consideration is an amendment to the D.E.S. contract for
FY95. We are requesting the amendment because we have been told that the state will
not make full payment in the first quarter. The amendment changes the payment from
us to you to a quarterly basis.
We are proposing that payments from us to you would be as follows:
1 st Quarter
2nd Quarter
3rd Quarter
4th Quarter
on or before
on or before
on or before
on or before
Sept. 30, 1994
Oct. 31, 1994
Jan. 31,1994
April 30, 1994.
If you have any questions Aaron Holst, Fire Chief, can explain his discussions with the
regional and state coordinators.
We are proceeding with the 1 st quarterly payment and will process the second
one by the end of October. If you have changes to the amendment call Ed Blackman, at
585-1498.
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CONTRACT AMENDMENT # 1
WHEREAS, the original contract for Disaster and Emergency Services between Gallatin
County, hereinafter referred to as "County," and the City of Bozeman, hereinafter
referred to as "City," required the payment of $19,512 on or before September 1, 1994;
and
WHEREAS, the County relies on reimbursement of a major portion of the contract from
the State of Montana; and
WHEREAS, the D.E.S. Coordinator has been told by the state that reimbursement from
them cannot occur in a lump sum, due to their dependence on receipt of federal funds
NOW THEREFORE IT IS AGREED BETWEEN the City and County that payment shall
be made on a quarterly basis as follows:
1 st Quarter
2nd Quarter
3rd Quarter
4th Quarter
on or before Sept. 30, 1994
on or before Oct. 31, 1994
on or before Jan. 31, 1994
on or before April 30, 1994
TOTAL
$ 4,878.00
$ 4,878.00
$ 4,878.00
$ 4.878.00
$19,512.00
Dated this _ day of September, 1994.
GALLATIN COUNTY
BOARD OF COUNTY COMMIS lONERS
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A. D. Pruitt, Chairman
!:f~ns~~~
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Kns Dunn, Member
CITY OF BOZEMAN
MANAGER
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Alf~ci~_
City Clerk
ATTEST: