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HomeMy WebLinkAbout08-27-07_Authorize City Manager to sign Emergency Managemen_5Commission Memorandum REPORT TO Honorable Mayor and City Commission FROM Chuck Winn Fire Chief Chris Kukulski City Manager SUBJECT Emergency Management Coordinator and Hazardous Materials Contract MEETING DATE August 27 2007 RECOMMENDATION Authorize City Manager to sign contract BACKGROUND The Emergency Management Coordinator and Hazardous Materials Contract is a contract through which the City of Bozeman provides Emergency Management Services to the county The contract also supports the Hazardous Materials Program This contract automatically renews each year between the jurisdictions and has been in place since the mid 1990 s With the changes in personnel since the contract was last signed we feel it is a good time to sign a new copy ALTERNATIVES As suggested by the Commission Reft tfullY submitted L Chuck Winn Fire Chief Chris A Kukulski City Manager 12 EMERGENCY MANAGEMENT COORDINATOR AND HAZARDOUS MATERIALS CONTRACT THIS AGREEMENT is made and entered into this October 9 2007 by and between Gallatin County Montana a political subdivision ofthe State ofMontana hereinafter referred to as County and the City ofBozeman Montana hereinafter referred to as Contractor WITNESSETH WHEREAS Title 1 0 Chapter3 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 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 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 Chiefand staff are trained in disaster emergency response preparedness mitigation and recovery and Homeland Security and have equipment necessary to respond to natural and manmade disaster and WHEREAS the Contractor through the Bozeman Fire Chiefhas the technical expertise and equipment necessary to respond to hazardous material emergencies and WHEREAS 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 ofGallatin County NOW THEREFORE it is agreed by and between the County and the Contractor as follows 1 Purpose The purpose ofthis agreement is to provide and secure the centralizing of emergency management and hazardous materials response in one cohesive organization for the benefit ofall residents in Gallatin County Term This agreement shall become effective upon signing and shall remain in effect through September 1 2008 unless terminated as provided in Section 10 This agreement shall automatically renew unless either party sends written notice oftermination on or before September 1 ofsubsequent years Notice shall be sent to the addresses contained herein 2 Levels of Service The Contractor shall have the following duties and responsibilities 13 a Emergency Management i Maintain a realistic county wide Emergency Operations Plan EOP ii Provide yearly exercises of the EOP and Emergency Operations Center EOe iii Prepare critique ofemergencies and disasters within the county iv IdentifY shortcomings in the local communities response capabilities and facilitate so lutions v Provide training opportunities to county commissioners managers generalpublicandrespondersforallhazardemergenciesviDuringemergenciesanddisastersstafftheEmergencyOperationsCenterand establish procedures for effective response vii Coordinate with the private sector including but not limited to Gallatin Field 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 ofState Lands the United States Forest Service the Gallatin County Sheriffs Department and Montana State UniversityviiiAssistandadviseGallatinCountyoncompliancewiththerequirements of Title 10 Chapter 3 Parts 1 through 4 MCA ix Assist and advise Gallatin County on compliance with the requirements of SARA subtitle III TO BE CLARIFIED x Report to the County Commission on a quarterly basis stating the activities undertaken and the steps taken to comply with the provisions ofthis contract xi 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 orpotential release of hazardous materials at transportation and fixed site spi11s releases or threat of release ofhazardous 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 jurisdictionincidentcommanderwhenrequestediiiTocontroltheactualreleaseorthreatenedreleaseofhazardousmaterialsfor the purpose ofcontrol or stabilization ofthe incident for local jurisdictions at the request and under the direction ofthe incident commander iv To respond to releases or threatened releases ofhazardous materials for the purpose ofcontrol or stabilization ofthe ofthe incident for local jurisdictions at the request and under the direction ofthe incident commander v To implement and use the Incident Management System IMS on all support responses for team operations vi Cooperate with the directions ofthe local jurisdiction incident commander for on site emergency response activities 2 14 vii Educate and train employees in hazardous materials response on a continuing basis as required by O S H A and EPA 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 Reoponse Support Plan 3 Duties of County The County shall have the following duties in addition to the mance 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 ofone 1 emergency response exercise per year c Assist with resources and personnel as needed for an emergency response d Respond to calls to the EOC when requested by the Contractor during an Emergency Response e Maintain an operations budget covering the costs and anticipated costs of rendering Emergency Management 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 2008 mutually agreed upon amount is 75 550 for Emergency Management activities The parties agree that in the event ofsignificant extenuating circumstances requiring the utilization ofpersonnel 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 ofthis 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 0f each year The Contractor will bill the County two weeks prior to each payment 5 Hazardous 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 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 ofBozeman Other 3 15 incorporated areas and MSU will be approached and contracted with for funding of the Haz Mat Response 6 Liabilitvand Insurance a Insurance The Contractor shall provide the following insurance coverage and proof of coverage to the County by delivering a certificate ofinsurance or other proof of insurance to the Gallatin County Commissioners Gallatin countyCourthouse311WestMainStreetRoom301BozemanMT59715within ten 10 days ofexecution ofthis agreement i Workers Comoensation Contractor shall provide Workers Compensation for all employees hired to accomplish the duties described in this agreement ii Comprehensive General Liabilitv 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 Liabilitv Contractor shall hold harmless and indemnify the County its officers employees and agents against any and all actions suits claims demands or liability ofany character whatsoever brought or asserted for injuries to or death ofany 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 ofthe Contractor its officers agents or employees 7 Capital Purchases Purchases ofequipment apparatus and protective clothing for Hazardous Material shall bejointly owned based on the amount the city and countycontributedtotheirpurchaseIntheeventthiscontractisnotrenewedcapitalpurchaseswillbedividedbasedupontheproportionatecontributionmadeforthese assets Remaining consumable supplies will be divided equally between the parties 8 Termination This agreement may be terminated upon mutual agreement ofthe parties upon failure ofthe 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 expirationofthetermofthisagreementtheContractorshallrefundunexpendedfunds 9 Compliance Ifthe 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 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 4 16 The system ofaccounting employed by the Contractor shall be in accordance with generally accepting accounting principles and will be applied in a consistent manner so that the expenditures under this agreement can be clearly identified from all other expenses 11 Independent ProviderAgency 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 ofthe County under this agreement nor will theybeconsideredemployeesoftheCountyunderanysubsequentamendmenttothis agreement unless otherwise expressed 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 ofthe benefits to the Contractor that it extends to employeesoftheCountyTheContractorwillberequiredtomaintainthenecessaryworkers 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 ofthe State of Montana a The section headings contained herein are for convenience only and are not intended to define or limit the scope ofany provisions ofthis agreementbTheprovisionsofthisagreementareindependentareseverableandthe invalidity partial invalidity or unenforceability of anyone provision or portionthereofshallnotaffectthevalidityorenforceabilityofanyotherprovision 13 Entire Agreement This agreement is the entire agreement between the parties No alterations modifications or additions to this agreement shall be binding unless reduced to writing and signed by the parties 14 Availability of Funds 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 ofservices proportionate to any reduction in funding 15 Amendment to Agreement Amendments to this agreement may be made jointly bythepartiesAllamendmentsmustbeinwritingandsignedbybothpartiespriorto implementation 16 Annual Inventory ofAssets and Assigned Values On or before June 15 of each yearthecontractorshallsubmitalistoffixedassetsandassignavaluetoeachitem 17 Billing and Collection for Recoverable Funds The Contractor is responsible for the submitting ofthe report to the State ofMontana for reimbursement ofEMERGENCY MANAGEMENT funds The Contractor is also responsible to prepare bills and submit them to the appropriate third party for recovery ofexpenses associated with hazardous materials and disaster services 5 17 DATED this CITY OF BOZEMAN City Manager ATTEST Approved as to form City Attorney Z STAFFCPTDES DES Contractdoc GALLATIN COUNTY BOARD OF COUNTY COMMISSIONERS Chairman Member Member ATTEST County Attorney 6 18