Loading...
HomeMy WebLinkAbout94- County Rural Fire Chief Contract for wild land fire and admin. cooperative agreements it V ypy' N. - 011� k < f; COUNTY RURAL FIRE CH EF CONTRACT THIS AGREEMENT is made and entered into on this day of June, 1994 , by and between Gallatin County, Montana, a political subdivision of the State of Montana, hereinafter referred to as "County" and the Bozeman Firefighters Association, an independent contractor, the Gallatin County Rural Fire Chief, designated by this agreement, hereinafter referred to as "Contractor" . WITNESSETH WHEREAS, Section 7-33-2201, 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 desires to appoint a county rural fire chief to provide fire suppression for%, , tares ' i , atd'atT �n ' ter', cooperative agreemeaats with federal, state and other fire protection agencies for the protection of range, farm and forest resources; and, WHEREAS, the County and the Contractor agree to perform the services contained in this agreement. NOW THEREFORE, IN MUTUAL CONSIDERATION OF THE COVENANTS CONTAINED HEREIN, the County and Contractor agree as follows: 1 . Term. This agreement shall take effect on July 1, 1994, and shall remain in effect until June 30, 1995, unless sooner terminated as provided in this agreement, 2 . Compensation, The Contractor will be compensated in an amount mutually agreed upon each year, to be paid on September 1, 1994 . The parties agree that the Contractor, based on experience 1 in meeting the requirements of this agreement, may be entitled to additional compensation, over and above the agreed upon amount because of extenuating circumstances and demands placed upon the Contractor. The additional compensation may include those circumstances when the County Rural Fire Chief has employed additional fire fighting or fire investigation personnel "on the spot. " Additional compensation shall be mutually agreed upon by the parties. 3 . Termination. 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 upon thirty (30) days written notice to the other. 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. tr 4 . Contributions and Taxes . The parties agree that this agreement does 01 create in the Contractor or the County Rural Fire Chief, designated herein, any rights to benefits, health insurance or retirement provided by the County. Further, the parties agree that the County will not withhold taxes and social security payments or make contributions to these programs. 5 . Duties . The Contractor and the County Rural Fire Chief shall have the following duties: A. Provide fire suppression in unprotected areas in the event of wild land fire when dispatched by the Gallatin County Sheriff. 2 B. Work with federal and state land management agencies in the preparation of plans for the suppression of wild land 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. Investigate fire cause at the request of the fire chief in whose jurisdiction the fire occurred. This investigation shall be in conjunction with and in agreement with the Investigation Task Force Supervisor. E. Respond to incidents deemed important by the Gallatin County Sheriff, Gallatin County Commission or County Rural Fire Chief and mutually agreed upon. These may include, but not be limited to, school and commercial building inspections, rope rescue, river rescue, hazardous material incidents and responses with the Jaws of Life for extrication or rescue. F. Shall be responsible for suppression of all range, farm and forest fires outside established fire districts and fire service areas and shall 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 and to make other decisions necessary in the suppression of fires. G. Shall perform any other duties relating to the performance of this agreement as assigned by the Board of County Commissioners of Gallatin county. 3 6. County Rural Fire Chief. The County designates the Bozeman City Fire Department Chief as the County Rural Fire chief. In addition to the duties specified in paragraph 5 of this agreement the County Rural Fire Chief shall perform the following duties: A. Shall provide routine maintenance and upkeep, such as cleaning, lubrication, adjustments and minor modifications necessary to keep the vehicles in good working order, assigned to him by the County. Any major repairs will be performed by the County at its shop facilities. B. Any other duties relating to the performance of this agreement assigned to him by the Board of County Commissioners of Gallatin County. 7 . Absence of County Rural Fire Chief. The Contractor represents that there is a chain 'of command in place within the Bozeman Fire Department and the parties agree that the chain of command will determine which individual or individuals will assume the same duties and powers of the County Rural Fire Chief under this agreement in the absence of the County Rural Fire Chief. 8 . Fire Council Meetings. The County Rural Fire Chief or his designee from the Bozeman Firefighters Association shall be the County' s representative at the Rural Fire Council meetings and shall be present at the meetings. 9 . Supervision. The County Rural Fire Chief is responsible for the administration of this agreement and is responsible to the Board of County Commisisoners of Gallatin County for the 4 performance of this agreement. The Contractor and the County Rural Fire Chief do not have the authority to obligate the County in any matter other than as specified in this agreement. Any action requiring approval of the County must be formally approved and entered into by the Board of County Commissioners of Gallatin County. Annual Review. A governing committee of as many as brae members of the an Firefighters Association will meet with the County Rural Fire Chief and the Board of County Commissioners of Gallatin County as required to review this agreement and shall meet when any business with the Contractor is conducted. 11. Mold Harmless. The County recognizes there may be circumstances when the Contractor and the County Rural Fire Chief, because of prior commitments to the City of Bozeman, Montana, will be unable to perform the duties described in this agreement. The Contractor and the County Rural Fire Chief will be held harmless in the event that other emergency situations requiring it to make available manpower to the City of Bozeman, Montana, prevent performance of duties specified herein. The Contractor agrees to make every effort in emergency situations to meet the obligations of this agreement. 12 . Insurance. The County shall provide liability insurance for the Contractor and the County Rural Fire Chief while they are performing duties specified in this agreement including operating any county vehicle assigned to them. 13 . Air for Breathing Apparatus. In association with the 5 City of Bozeman, the Bozeman Firefighters Association agrees to supply breathing air to firefighting agencies. Conditions and compensation will be specified according to the schedule attached as Exhibit "A" . Dated this day of June, 1994 . BOARD OF COUNTY COMMISSIONERS CONTRACTOR OF GALLATIN WCOUN Y BOZEMAN FIREFIGHTERS ASSOC. A.D. Pruitt, Chairman '/ Aaron Holst, Chief ,sane Jelin6ki, Member Mitch Thompson,/President Kris Dunn, Member ATTEST: Clerk an 64,-ordet APPROVED AS TO LEGAL CONTENT: County At rnef 6 EXHIBIT A 1 Air will be given to any Gallatin County fire department for any official need and only for official needs at a rate of $20 per hour fill time. Official needs will include responses , training, or group sponsored functions only. No air will be supplied to individuals for recreational purposes or for personal purposes . 2 . Air will be given only after a waiver of liability is signed by receiver. Bottles must have hydrostatic stamp, function- ing gauge, and no exterior sign of damage. 3 . Air will be supplied only from 8 :00 a .m. until 7 : 00 p.m. for non-emergency purposes . For emergency purposes, air will be available upon request. Emergency purposes are constituted by an actual incident or response. For non-emergency air, the request must be made and time be arranged prior to air being made available. 4 . Bozeman Fire Department will not be required to meet the needs of other departments orior to satisfying its own needs, in the event of an emergency. 5 . Air is made available for local fire departments ' training sessions . Should there be state or out of county sponsored training, arrangements must be made in advance, with the decision of whether or not to make air available being that of the Bozeman Fire Department.