HomeMy WebLinkAbout10- Dept. of Housing and Urban Development Grant Agreement FY 2010 EDI-Special Project No. B-10-SP-MT-0075INTERLOCAL AND MUTUAL AID AGREEMENT BETWEEN GALLATIN COUNTY AND
THE CITY OF BOZEMAN FOR THE PERFORMANCE OF RURAL FIRE CHIEF DUTIES
ON AN INTERIM BASIS
This hiterlocal Agreement (Agreement) is made and entered into on this 14th day of December, 2010,
I
by and between Gallatin County, Montana a general powers political subdivision of the State of
Montana, hereinafter referred to as "County," and the city of Bozeman, a self-governing charter
government and political subdivision of the State of Montana, herein the "City."
Whereas, this Agreement is made pursuant to the Interlocal Cooperation Act, Title 7, Chpt, 11,
Part 1, MCA and the parties respective mutual aid authority under Montana law; and
Whereas, the Purpose of this Agreement is for the parties to cooperate on a basis of mutual
advantage by agreeing the City will, for the benefit of both parties, perform the duties of Rural Fire
Chief by and through its Disaster and Emergency Services (DES) Coordinator, on an interim basis
until April 30, 2011; and
Whereas, the County currently has a vacancy in the position of Rural Fire Chief and, as
required by 7-33-2202, MCA, must appoint a rural fire chief to perform the duties and responsibilities
enumerated in Title 7, Chpt. 33, Part 22, MCA; and
Whereas, the County, during the term described herein, desires to appoint the City, by and
through Patrick Lonergan, DES Coordinator, to act as Gallatin County Rural Fire Chief, to perform all
duties required or authorized by law; and
Whereas, pursuant to 7-33-2202, MCA, the County has the has authority to enter into mutual
aid agreements with incorporated municipalities such as the City; and
Whereas, the City has the authority, pursuant to 7-33-4112, MCA, to enter into mutual aid
agreements with the governing body of other political subdivisions, such as the County; and
Whereas, the Gallatin County Commission determines the City, by and through Patrick
Lonergan, Disaster and Emergency Services Coordinator, is best qualified at this time to perform the
duties of the Rural Fire Chief.
INTERLOCAL AND MUTUAL AID AGREEMENT BETWEEN GALLATIN COUNTY AND THE CITY OF BOZEMAN FOR
THE PERFORMANCE OF RURAL FIRE CHIEF DUTIES ON AN INTERIM BASIS
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Based on the foregoing, the parties agree as follows:
1. Cooperation/Mutual Aid. The parties agree the perfonmance of the duties of Rural Fire
Chief are done under each party's authority to enter into interlocal agreements and each party's
statutory mutual aid authority and the parties represent to each other they have the authority to enter
into a mutual aid agreement for purposes of the City, by and through Patrick Lonergan, performing the
duties of Rural Fire Chief during the term described herein.
2. Term The term of this Agreement shall be from the date of execution until April 30,
2011, unless sooner terminated upon agreement of the parties or by either party upon thirty (30) days
written notice to the other. Upon expiration of the term of this Agreement the City will no longer be
responsible for performing the duties of Rural Fire Chief.
3. A ointment /Powers. The City agrees to accept responsibility for the performance the
duties of Gallatin County Rural Fire Chief for the term described herein and shall name Patrick
Lonergan, Disaster and Emergency Services Coordinator, to act and serve as the Gallatin County Rural
Fire Chief who shall perform the duties of the Rural Fire Chief enumerated in 7 -33 -2001, MCA, or
otherwise required or authorized by law without limitation and who shall have the corresponding
power to perform such duties, including those listed below:
A. Provide management of fire suppression efforts in unprotected areas of Gallatin
County in the event of wildland fire when dispatched by the Gallatin County 91.1.
B. Work with federal and state Iand management agencies in the preparation of plans
for the suppression of wildland fires in Gallatin County.
C. Provide or make available public fire safety -fire survival education to all agencies,
groups or individuals in the County who have requested this service.
D. Outside established fire districts and fire service areas or areas under the protection
of municipal, state or federal agency, be responsible for the suppression of all range,
farm and forest fires and be responsible for making decisions involving suppression
of such fires, including but not limited to the decision to call volunteer fire crews,
call for state and federal assistance, to involve other Fire Districts or Fire Service
Areas and to make other decisions necessary in the suppression of fires.
E. With the assistance of the County's administration, provide an inventory of all
equipment, machinery, and vehicles and instruct the County when and if to perform
routine maintenance and minor repairs to keep all in good working order. Any
major repairs will be performed by the County at its shop facilities.
F. Assist the County by and through the County's administration to maintain hooks,
records and accounts of actions taken under this Agreement.
INTERLOCAL AND MUTUAL AID AGREEMENT BETWEEN GALLATIN COUNTY AND THE CITY OF BOZEAN FOR
THE PERFORMANCE OF RURAL FIRE CHIEF DUTIES ON AN INTERIM BASIS
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4. EMpIgyment/Compensation. Patrick Lonergan shall remain exclusively an employee of
the City and the City shall receive no compensation from the County related to the base salary of
Patrick Lonergan nor shall the County be required to provide any retirement or other benefit to Patrick
Lonergan. The City may charge the County for reasonable costs and expenses related to the duties
described herein and may charge the County for reimbursement of overtime costs for Patrick
Lonergan's time when performing the duties herein during accrued overtime.
5. Fire Council Meetings. The City, by and through Patrick Lonergan, shall be the
County's representative at the Rural Fire Council meetings,
6. Hold Harmless/Indemnification. The County agrees to hold harmless and indemnify the
City, its officers, directors, agents and employees for liability, damages, losses, or costs, against any
suit, cause of action, claim, cost, expense, obligation or liability of any character, including attorney's
fees, which is brought or asserted for any bodily injury, death, or physical damage to property received
or sustained by any person, persons, property, business or any other entity, arising out of or resulting
from, or in connection with the City's or Patrick Lonergan's performance under this Agreement. In
addition, County recognizes there may be circumstances when the City or Patrick Lonergan,
because of prior commitments to the City in his capacity as DES Coordinator, will be unable to
perform the duties described in this agreement. The County shall indemnify and hold harmless the
City, its employees, officers, directors, and agents for liability, damages, losses, or costs, against any
suit, cause of action, claim, cost, expense, obligation or liability of any character, including attorney's
fees, which is brought or asserted on the basis the City failed to perforin its duties under this
Agreement or law. The City agrees to make every effort in emergency situations to meet the
obligations of this agreement.
7. Insurance. The County shall provide liability insurance for the City and Patrick
Lonergan on a primary non-contributory in an amount no less than $750,000 for each claim and $1.5
million for each occurrence for liability arising out of the City's or Patrick Lonergan's performance
under this Agreement.
Miscellaneous.
A. This Agreement does not create any separate legal entity.
B. Nothing herein allows for the acquiring or holding of any joint real or personal
property.
C. The County shall be responsible for filing an executed copy of this Agreement with
the Gallatin County Clerk and Recorder and provide a copy of the recorded
document to the Bozeman City Clerk. The County shall also file a copy of the
executed and recorded Agreement with the Montana Secretary of State.
INTERLOCAL AND MUTUAL AID AGREEMENT BETWEEN GALLATIN COUNTY AND THE CITY OF BOZEMAN FOR
THE PERFORMANCE OF RURAL FIRE CHIEF DUTIES ON AN INTERIM BASIS
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Dated this -Eday of December, 2010,
GALLATIN COUNTY COMMISSION
R. Stephen White
Joe ncr, Chairman
Bill Murdock
ATTEST:
Charlotte Mills, Clerk and Recorder
CITY OF BOZEMAN
frqWK, KrAuss, Mayor
0
Attest
City C
Stacy
C
Approved as -t
rei �uylvan, bty Attorney
INTERLOCAL AND MUTUAL AID AGREEMENT BETWEEN GALLATIN COUNTY AND THE CITY OF BOZEMAN FOR
THE PERFORMANCE OF RURAL FIRE CHIEF DUTIES ON AN INTERIM BASIS
Page 4 of 4
GALLATIN COUNTY RESOLUTION #2010 - 130
APPOINTMENT OF PATRICK LONERGAN INTERIM COUNTY RURAL FIRE CHIEF
And
INTERLOCAL AND MUTUAL AID AGREEMENT BETWEEN GALLATIN COUNTYAND
THE CITY OF BOZEMAN FOR PERFORMANCE OF RURAL FIRE CHIEF DUTIES ON
AN INTERIM BASIS
CAO
This Resolution was introduced byEarl MatherPiTioved by Commissioner m o r _k_,
seconded by Commissioner White and approved by vote 3 in favor and 0
opposed on December 14, 2010.
Whereas: The County Commissioners are authorized, pursuant to § 7-33-2202(3), MCA, to
44 appoint a rural fire chief" to provide, among other things, "protection and conservation of
range, farm and forest resources and the prevention of'soil erosion"; and
Whereas: The County has the authority, Pursuant to § 7-33-2202(5), MCA, to enter into mutual
aid agreements with incorporated municipalities such as the City of Bozeman; and
Whereas: the County has the authority, pursuant to § 7 -11 -101 through 230, MCA, to enter into
an Interlocal agreement with the City of Bozeman; and
Whereas: The County Commission desires to replace the current County Rural Fire Chief and
appoint an Interim County Rural Fire Chief; and
Whereas: There are currently four Deputy County Rural Fire Chiefs, but no record of the
Commission's approval or appointment of such Deputy County Rural Fire Chiefs.
NOW THEREFORE BE IT RESOLVED by the County Commission that:
The County's contract with Brett M. Waters is terminated; Patrick Lonergan is appointed to
serve and act as the Interim County Rural Fire Chief,
2. The appointments of Brian Connelly, Fred Cady, George Reich, and Stacey Bellamy as
Deputy County Rural Fire Chiefs) are hereby rescinded;
3. The County agrees to the terms and conditions of the INTERLOCAL AND MUTUAL AID
AGREEMENT BETWEEN GALLATIN COUNTYANDTHE CITY OF BOZEMAN FOR
PERFORMANCE OF RURAL FIRE CHIEF
and incorporated by reference herein;
DUTIES ON AN INTERIM BASIS, attached
December 14, 2010
ATTEST:
Charlotte Mills, Clerk and Recorder
COUNTY CONMISSION
Joe Skinner, Chairman