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HomeMy WebLinkAbout22- MOA - Gallatin County - Bozeman Business Continuity PlanMEMORANDUM OF AGREEMENT FOR THE PURPOSE OF UTILIZING COOPERATIVE PURCHASING OF SERVICES AND FUNDING THE CREATION OF BUSINESS CONTINUITY/DISASTER RECOVERY PLANS FOR BOTH THE CITY OF BOZEMAN AND GALLATIN COUNTY. This Memorandum of Agreement is entered into this day of , 2022, by and between Gallatin County, hereinafter called the County; City of Bozeman, hereinafter called Bozeman. WHEREAS, the parties to this agreement have a history of collaboration and sharing of certain technology resources to serve the residents and visitors of our broad community; and WHEREAS, the parties have technology-related operational interdependencies affecting Bozeman and Gallatin County public safety, public welfare, and general government operations; and WHEREAS, the parties have geographical and operational proximities that make them likely to both be impacted by the same business disruptions and/or disasters at the same time; and WHEREAS, the parties to this agreement have various common technology infrastructure; and WHEREAS, the parties to this agreement recognize the importance of creating and implementing compatible plans that allow quick recovery from disaster and the continuation of business; and WHEREAS, the parties to this agreement desire to work together to fund the integrated development of Business Continuity/Disaster Recovery Plans by one mutual vendor to make both entities more resilient to IT related disasters; and WHEREAS, the parties to this agreement are both local government entities who are authorized by the Montana Procurement Act to establish public contracts by utilizing cooperative purchasing agreements (MCA 18-4-402); and WHEREAS, the parties to this agreement desire to purchase the necessary services to develop these compatible plans from the National Cooperative Purchasing Alliance (NCPA). DocuSign Envelope ID: 65E1F777-0FF6-4A77-9EEE-EE9E31BFE5FB March22 NOW, THEREFORE, IT BE RESOLVED that the parties herein do mutually agree as follows: I. Good Faith Agreement. To work together in good faith to develop a mutually agreeable scope of work and fund Business Continuity/Disaster Recovery Plans for both the County and Bozeman to position the County and Bozeman to be more resilient and able to recover from technology related disasters. A scope of work will be created within 20-30 days after both the County and Bozeman have signed this agreement. The project will begin promptly with the help of subject matter experts. II. Procurement. Bozeman will manage the procurement process and contract for the Business Continuity/Disaster Recovery Plans. Bozeman shall provide copies of all procurement related information and any resulting contracts to the other parties to this agreement. III. Participation. County to provide a minimum of one and up to two representatives to assist Bozeman with administration of the Business Continuity/Disaster Recovery Plans project. Administration of the Business Continuity/Disaster Recovery Plans project shall include consultant procurement, selection, contracting, and reviews of the consultant’s work. IV. Cost Share. To share the cost for the Business Continuity/Disaster Recovery Plans as outlined below based on a nominal total contract cost of $125,000. As the party managing the contract, Bozeman will invoice the other parties for their equitable share of costs. Jurisdiction Financial Contribution City of Bozeman $75,000 Gallatin County $50,000 V. Changes in Agreement. Any alteration, extension, or supplement to the terms of this agreement, as detailed herein, shall be agreed to in writing by the signatory parties. VI. Termination of Agreements. A signatory party may terminate its interest and obligations under this Agreement by giving at least sixty (60) days’ notice in writing to the other parties; however, after a contract is signed with a consultant to conduct the Business Continuity/Disaster Recovery Plans, no party to this agreement may terminate their obligation to fund their agreed upon proportional cost of the Business Continuity/Disaster Recovery Plans. VII. Representatives and Notices. A. Bozeman’s Representative: Bozeman’s Representative for the purpose of this Agreement shall be Scott McMahan or such other individual as Bozeman shall designate in writing. Whenever approval or authorization from or communication or submission to Bozeman is required by this Agreement, such communication or submission shall be directed to Bozeman’s Representative and approvals or authorizations shall be issued DocuSign Envelope ID: 65E1F777-0FF6-4A77-9EEE-EE9E31BFE5FB only by such Representative; provided, however, that in exigent circumstances when Bozeman Representative is not available, County may direct its communication or submission to other designated Bozeman personnel or agents as designated by Bozeman in writing and may receive approvals or authorization from such persons. B. County Representative: County’s Representative for the purpose of this Agreement shall be Matt Bunko or such other individual as County shall designate in writing. Whenever direction to or communication with County actor is required by this Agreement, such direction or communication shall be directed to County’s Representative; provided, however, that in exigent circumstances when County’s Representative is not available, Bozeman may direct its direction or communication to other designated County personnel or agents. C. Notices: All notices required by this Agreement shall be in writing and shall be provided to the Representatives named in this Section. Notices shall be deemed given when delivered, if delivered by courier to Party’s address shown above during normal business hours of the recipient; or when sent, if sent by email or fax (with a successful transmission report) to the email address or fax number provided by the Party’s Representative; or on the fifth business day following mailing, if mailed by ordinary mail to the address shown above, postage prepaid. VIII. Nondiscrimination and Equal Pay: The Parties agrees that all hiring by the Parties of persons performing this Agreement shall be on the basis of merit and qualifications. The Parties will have a policy to provide equal employment opportunity in accordance with all applicable state and federal anti-discrimination laws, regulations, and contracts. The Parties will not refuse employment to a person, bar a person from employment, or discriminate against a person in compensation or in a term, condition, or privilege of employment because of race, color, religion, creed, political ideas, sex, age, marital status, national origin, actual or perceived sexual orientation, gender identity, physical or mental disability, except when the reasonable demands of the position require an age, physical or mental disability, marital status or sex distinction. The Parties shall be subject to and comply with Title VI of the Civil Rights Act of 1964; Section 140, Title 2, United States Code, and all regulations promulgated thereunder. The Parties represents they are, and for the term of this Agreement will be, in compliance with the requirements of the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal DocuSign Envelope ID: 65E1F777-0FF6-4A77-9EEE-EE9E31BFE5FB Pay Act). Contractor must report to the City any violations of the Montana Equal Pay Act that Contractor has been found guilty of within 60 days of such finding for violations occurring during the term of this Agreement. The Parties shall require these nondiscrimination terms of its subcontractors providing services under this Agreement. IX. Consent to Electronic Signatures. The Parties have consented to execute this Agreement electronically in conformance with the Montana Uniform Electronic Transactions Act, Title 30, Chapter 18, Part 1, MCA. Signatures for Agreement with the preceding MOA for the purpose of funding Business Continuity/Disaster Recovery Plans DocuSign Envelope ID: 65E1F777-0FF6-4A77-9EEE-EE9E31BFE5FB Authorized Representative of Gallatin County: By (print): Title: Date Signed: Authorized Representative from the City of Bozeman: By (print): Title: Date Signed: DocuSign Envelope ID: 65E1F777-0FF6-4A77-9EEE-EE9E31BFE5FB 3/23/2022 Jeff Mihelich City Manager Matt Bunko Chief Information Officer 3/28/2022