HomeMy WebLinkAbout97- Gallatin County; Disaster & Emergency Services Coordinator & Hazardous Materials
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DISASTER AND EMERGENCY SERVICES COORDINATOR AND
HAZARDOUS MATERIALS CONTRACT
THIS AGREEMENT is made and entered into this 1st day of July, 1997, by and
between Gallatin County, Montana, a political subdivision of the State of Montana,
hereinafter referred to as "County" and the City of Bozeman, Montana, hereinafter
referred to as "Contractor".
WITNESSETH:
WHEREAS, Title 10, Chapter 3, 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 Chief and staff are trained in
disaster emergency response, and have equipment necessary to respond to natural and
manmade disaster; and,
WHEREAS, the Contractor through the Bozeman Fire Chief has 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 of Gallatin County.
NOW THEREFORE, it is agreed by and between the County and the Contractor as
follows:
1. Purpose: The purpose of this agreement is to provide and secure the centralizing
of disaster and emergency services and hazardous materials response in one
cohesive organization for the benefit of all residents in Gallatin County.
Term: This agreement shall become effective on July 1,1997, and shall remain
in effect through June 30, 1998, unless terminated as provided in Section 10.
This agreement shall automatically renew, unless either party sends written
notice of termination on or before April 1, of subsequent years. Notice shall be
sent to the addresses contained herein.
2.
Levels of Service:
responsibilities:
The Contractor shall have the following duties and
a) Disaster and Emergency Services:
i) Maintain a realistic county-wide Emergency Operations Plan
(EOP);
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ii) Provide yearly exercises of the EOP and Emergency Operations
Center (EOG);
iii) Store Radiological instruments and be trained in their use;
iv) Prepare critique of emergencies and disasters within the county;
v) Identify shortcomings in the local communities' response
capabilities, and facilitate solutions;
vi) Provide training opportunities to county commissioners,
managers, general public and responders for all risk emergencies;
vii) During emergencies and disasters, staff the Emergency
Operations Center and establish procedures for effective
response;
viii) Coordinate with the private sector, including but not limited to:
Gallatin 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 of
State Lands, the United States Forest Service, the Gallatin
County Sheriff's Department, and Montana State University;
Ix) Assist and advise Gallatin County on compliance with the
requirements of Title 10 Chapter 3, Parts 1 through 4 MCA;
x) Assist and advise Gallatin County on compliance with the
requirements of SARA subtitle III (TO BE CLARIFIED)
xi) Participate in the annual Governor's Conference on Disaster and
Emergency Preparedness, and continue with ongoing training as
may be required of Disaster and Emergency Coordinators by the
State of Montana;
xii) Report to the County Commission on a quarterly basis stating the
activities undertaken and the steps taken to comply with the
provisions of this contract;
xiii) 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 or potential
release of hazardous materials at transportation and fixed site
spills; releases or threat of release of hazardous 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
jurisdiction incident commander when requested;
Iii) To control the actual release or threatened release of hazardous
materials for the purpose of control or stabilization of the incident
for local jurisdictions at the request and under the direction of the
incident commander;
Iv) To respond to releases or threatened releases of hazardous
materials for the purpose of control or stabilization of the incident
for local jurisdictions at the request and under the direction of the
incident commander;
v) To implement and use the Incident Management System (1M3) on
all support responses for team operations;
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vi) Cooperate with the directions of the local jurisdiction incident
commander for on-site emergency response activities;
vii) Educate and train employees in hazardous materials response on
a continuing basis, as required by O.S.H.A. and E.P.A.
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 Response Support Plan.
3. Duties of County: The County shall have the following duties, in addition to the
finance costs stated in Section 5 'Compensation':
a) Provide and maintain an Emergency Operations Center (EOG) equipped
with phone lines, office supplies and equipment mutually agreed upon
between the Contractor and the County;
b) Participate in a minimum of one (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) Pay for the registration and travel costs of one employee of the contractor
for the annual Governor's Conference on D.E.S. Preparedness, and for
any other training required by the State of Montana for Disaster and
Emergency Coordinators;
f) Maintain an operations budget covering the costs and anticipated costs of
rendering DES 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 98 mutually agreed upon
amount is $43,621 for D.E.S activities.
The parties agree that in the event of significant extenuating circumstances
requiring the utilization of personnel 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 of this 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 of each year.
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
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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 of Bozeman. Other incorporated areas and MSU will be approached and
contracted with for funding of the Haz Mat Response.
Q.. Liability and Insurance:
a. Insurance: The Contractor shall provide the following insurance coverage
and proof of coverage to the County by delivering a certificate of insurance or other
proof of insurance to the Gallatin County Commissioners, Gallatin County Courthouse,
311 West Main Street, Room 301, Bozeman, MT 59715, within ten (10) days of
execution of this agreement.
i. Workers' Compensation. Contractor shall provide Workers'
Compensation for all employees hired to accomplish the duties described in this
agreement.
ii. Comprehensive General Liability 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. Liability: Contractor shall hold harmless and indemnify the County, its
officers, employees, and agents against any and all actions, suits, claims, demands, or
liability of any character whatsoever, brought or asserted for injuries to or death of any
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 of the Contractor, its officers, agents,
or employees.
7_ Capital Purchases: Purchases of equipment, apparatus and protective clothing
for Hazardous Material shall be jointly owned~ based on the amount the city and
county contributed to their purchase. In the event this contract is not renewed
capital purchases will be divided based upon the proportionate contribution made
for these assets. Remaining consumable supplies will be divided equally
between the parties~
8. 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 given thirty (30) day written notice to the
other party. 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.
9. Compliance. If the 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.
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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. The system of accounting employed by the Contractor shall be in
accordance with generally accepted 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 Provider/Agency" 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 of the County under this agreement, nor
will they be considered employees of the County under any subsequent
amendment to this 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 of the benefits to the Contractor that
it extends to employees of the County. The Contractor will be required to maintain
the necessary workers' 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 of the State of Montana.
a) The section headings contained herein are for convenience only and are
not intended to define or limit the scope of any provisions of this
agreement.
b) The provisions of this agreement are independent and severable, and the
invalidity, partial invalidity, or unenforceability of anyone provision or
portion thereof shall not affect the validity or enforceability of any other
provision.
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 Fund~. 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 of services proportionate to any reduction in funding.
15. Amendment To 6g.reement Amendments to this agreement may be made jointly
by the parties. All amendments must be in writing and signed by both parties prior
to implementation.
16. Annual Inventory Qf Assets And Assigned Values. On or before June 15 of each
year the contractor shall submit a list of fixed assets and assign a value to each
item.
17. Billing And Collection For Recoverable Funds. The Contractor is responsible for
the submitting of the report to the State of Montana for reimbursement of DES
funds. The Contractor is also responsible to prepare bills and submit them to the
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appropriate third party for recovery of expenses associated with hazardous
r,naterials and disaster services.
DATED this 13th day of June, 1997.
CITY OF BOZEMAN
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ATTEST:
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Robin Sullivan, City Clerk
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GALLATIN COUNTY
BOARD OF COUNTY COMMISSIONERS
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Phil Olson, Chairman
ATTEST:
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MODIFICATION TO AGREEMENT
DISASTER AND EMERGENCY SERVICES COORDINATOR AND HAZARDOUS MATERIALS
THIS MODIFICATION TO AN AGREEMENT, is made by and between:
GALLATIN COUNTY, 311 W. Main Street, Room 301, Bozeman,
Montana 59715, Telephone: 406-582-3000 ("COUNTY"); and, CITY OF
BOZEMAN, 411 E. Main, Bozeman, Montana 59715, Telephone: 406-582-
2300 ("CITY").
WHEREAS, the COUNTY and CITY entered into Gallatin County
Contract 98-62 on June 13, 1997 which went into effect on July
1, 1997 regarding Disaster and Emergency Services Coordinator
and Hazardous Materials ("Agreement"); and,
WHEREAS, the parties intend to modify typographical
inconsistencies in the Agreement and augment compensation for
Fiscal Year 1999;
NOW, THEREFORE, in consideration of the terms, conditions,
covenants and performance contained herein the Parties hereto
agree to modify the Agreement as follows:
1. Page 2, Section 2.a.x of the Agreement shall be modified as follows:
Assist and advise Gallatin County on compliance with the
requirements of SARA Subtitle III.
2. Page 3, Section 4 of the Agreement shall be modified as follows:
Compensation: The Contractor will be compensated in an
amount mutually agreed upon before May 31 of each year.
The FY 99 mutually agreed upon amount is $45,754 for DES
activities.
END OF AGREEMENT EXCEPT FOR SIGNATURE PAGE
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DATED this dl. day of July, 1998.
CITY OF BOZEMAN
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Clark Johnson, City Manager
ATTEST:
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Robin Sullivan, City Clerk
TO FORM:
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GALLATIN COUNTY
COMMISSIONERS
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Phil Olson, Chairman
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Jarvis Brown, Member J
ATTEST:
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SECOND MODIFICATION TO AGREEMENT
DISASTER AND EMERGENCY SERVICES COORDINATOR AND HAZARDOUS
MATERIALS
TIllS MODIFICATION TO AN AGREEMENT, is made by and between:
GALLATIN COUNTY, 311 W. Main Street, Room 301, Bozeman, Montana 59715,
Telephone: 406-582-3000 ("COUNTY"); and, CITY OF BOZEMAN, 411 E. ~ Bozeman,
Montana 59715, Telephone: 406-582-2300 ("CTIY").
WHEREAS, the COUNTY and CITY entered into Gallatin County Contract 98-62 on June
13, 1997 which went into effect on July 1, 1997 regarding Disaster and Emergency Services
Coordinator and Hazardous Materials ("Agreement"); and,
WHEREAS, the County and City amended the Agreement by written modification dated July
28, 1998;
WHEREAS, the parties intend to modifY the Agreement to augment compensation for Fiscal
Year 2000;
NOW, THEREFORE, in consideration of the terms, conditions, covenants and perfomtance
c5ntained herem the Parties hereto agree to modify the Agreement as follows:
1. All terms of the Agreement and the modification referenced herein are incorporated by
reference herein except the following changes shall be made:
A The first paragraph of Page 3, Section 4 of the Agreement shall now read:
Compensation: The Contractor will be compensated in an amount
mutually agreed upon before May 31 of each year. The FY 00
mutually agreed upon amount is $47,171.40 for DES activities.
END OF AGREEMENT EXCEPT FOR SIGNATIJRE PAGE
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DATEDthiS~Of S.~1999.
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Clark Johnson, City Manager
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GALLATIN COUNTY
COMMISSIONERS
CITY OF BOZEMAN
ATTEST:
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William A M rdock, Ch .
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Phil Olson, Member
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Jennifer Smith Mitchell, Member
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Robin Sullivan, City Clerk
APPROVED AS TO FORM::
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ATTEST:
DATE:
TO:
FROM:
RE:
GALLATIN COUNTY
311 West Main, Rm. 301 · Bozeman, MT 59715 .
MEMORANDUM
July 30, 199~)
Aaron Holst, DES Coordinator (lW{J ~ W W\
County Commissioners
Disaster & Emergency Services Coordinator & Hazardous Materials
Azreement
County Commission
William A. Murdock
Phil Olson
Jennifer Smith Mitchell
Phone (406) 582-3000
FAX (406) 582-3003
You are hereby notified that Gallatin County wishes to maintain its current status with
the City of Bozeman with regard to the delivery of DES & HazMat services, inclusive of
the second modification to Contract 1998-G2.
If you need anything further, please contact us.
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EFFECTIVE DATE: EXPIRA TION DATE: /!J //r
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I ALL CONTRACTS MUST BE COMPLETED A MINIMUM OF 10 DAYS PRIOR TO EFFECTIVE DATE I
RESPONSIBLE DEPARTMENT: ~~
NOTES/INSTRUCTIONS: No~: ~~ GWit~ -t--o 0vrlf[y() tf Cj'f}-&Q..
FISCAL OFFICER APPROVED:
ATE:
DATE:
DATE ROUTED TO CLERK & RECORDER:
DATE INSURANCE BINDER RECEIVED:
\VHO SHOULD RECEIVE COpy OF COMPLETED CONTRACT?
(Check appropriate Offices)
CLERK AND RECORDER [ORIGINAL]
FISCAL OFFICER
<D
X RESPONSIBLE DEPARTMENT
HEALTH. NURSING
COUNTY ATTORNEY
HEAL TH - ENVIRONMENTAL
COUNTY COMMISSiONERS
REST HOME
ASSESSOR
ROAD OFFICE
AumTOR - C & R ACCOUNTING
SHERIFF OFFICE
DES
WEED DEPARTMENT
F ACILlTIES
INSURANCE COMPANY (Name):
Attention:
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OTHERS (Include: Entity. Mailing Address. Phone #. and Contact Person)
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DA TE C & R DISTRIBUTED: SEPTEMBER 13 I 1999
March 25. t 996
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i MODIFICATION TO AGREEMENT
DISASTER AND EMERGENCY SERVICES COORDINATOR AND HAZARDOUS MATERIALS
I
!
THIS MODIFICATION TO AN AGREEMENT, is made by and between:
GALLATIN COUNTY, 311 West Main Street, Room 301, Bozeman, Montana 59715, Telephone:
406-582-3000 ("COUNTY"); and, CITY OF BOZEMAN, 411 East Main Street, Bozeman, Montana 59715,
Telephone: 406-582-2300 ("CITY").
WHEREAS, the COUNTY and CITY entered into Gallatin County Contract 98-62 on June 13,
1997, which went into effect on July 1, 1997, regarding Disaster and Emergency Services
Coordinator and Hazardous Materials ("Agreement"); and,
WHEREAS, the COUNTY and CITY amended the Agreement by written modifications dated July 28,
1998, and September 8,1999, and May 8'2000;
WHEREAS, the parties intend to modify the Agreement to augment compensation for Fiscal Year
2003.
NOW, THEREFORE, in consideration ofthe terms, ,conditions, covenants and performance
contained herein, the Parties hereto agree to modify the Agreement as follows:
1. All terms of the Agreement and the modifications referenced herein are incorporated by
reference herein except the following changes shall be made:
A. Page 3, Section 4 ofthe Agreement shall be modified as follows:
Compensation: The Contractor will be compensated in an
amount mutually agreed upon before July 1 of each year. The
FY 03 mutually agreed upon amount is $56,082.00 for DES
activities.
\\BFD.SRV\USER\SHRAUGER\SOWlZ003 DES AGREEMENT MODIFICATION. DOC
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DATED this lIb< day of !V()Vrfhn h~
d?<PIJ.;?
, 2000.
CITY OF BOZEMAN
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Clark Johnson, City Manager
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ATTEST:
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Robin Sullivan, City Clerk
IIBFD-SRVIUSERISHRAUGER\SOWl2003 DES AGREEMENT MODlFICATION.DOC
GALLATIN COUNTY
COMMISSIONERS
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Jennifer Smith. Mitchell, Memb
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COUNTY CONTRACT
- /I 1998-Q62A
COUNTY CONTRACT NUMBER
-
COUNTY CONTRACT ROUTING FORM
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CQNTRACTNAME: DE.~I HAzmA--r
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EFFECTIVE DA TE:EXPlRA TION DATE:
RESPONSIBLE DEPARTMENT: DES
RENEW AL DATES:
NOTES/INSTRUCTIONS:
OUTSIDE PARTIES:
DATE: (2- /11 /O(;L
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DATE J;> /13/02 _ t.Z,:J2-1 ..e-.....
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WHO SHOULD RECEIVE COpy OF COMPLETED CONTRACT'?
(Check appropriate Offices)
x CLERK AND RECORDER [ORIGINAL] ~ D6':>/ J./)'Z, /Y),A..,
SIGNED BY OUTSIDE PARTIES:
COUNTY A HORNEY APPROY AL AS TO LEGAL CONTENT:
FISCAL OFFICER APPROY AL AS TO A Y AILABLE FUNDIN :
DATE SIGNED BY COMMISSIONERS: \q(H3__~lc2.A_
X RESPONSIBLE DEPARTMENT
HEALTH - NURSING
COUNTY ATTORNEY
HEALTH - ENVIRONMENTAL
COUNTY COMMISSIONERS
REST HOME
FISCAL
ROAD OFFICE
X AUDITOR
SHERIFF OFFICE
GRANTS
WEED DEPARTMENT
F ACLLITIES
INStTRJ..NCE COMPANY (Na;r;~):
Attention:
OTHERS (Include: Entity, Mailing Address, Phone #, and Contact Person)
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DA TE C & R DISTRIBUTED:
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MODIFICATION TO AGREEMENT
DISASTER AND EMERGENCY SERVICES COORDINATOR AND HAZARDOUS MATERIALS
TIDS MODIFICATION TO AN AGREEMENT, is made by and between:
GALLATIN COUNTY, 311 West Main Street, Room 301, Bozeman, Montana 59715, Telephone:
406-582-3000 eCOUNTY"); and, CITY OF BOZEMAN, 411 East Main Street, Bozeman, Montana 59715,
Telephone: 406-582-2300 ("CITY").
WHEREAS, the COUNTY and CITY entered into Gallatin County Contract 98-62 on June 13,
1997, which went into effect on July 1, 1997, regarding Disaster and Emergency Services
Coordinator and Hazardous Materials ("Agreement"); and,
WHEREAS, the COUNTY and CITY amended the Agreement by written modifications dated July 28,
1998, and September 8, 1999;
WHEREAS, the parties intend to moditY the Agreement to augment compensation for Fiscal Year 2001.
NOW, THEREFORE, in consideration of the terms, conditions, covenants and performance
contained herein, the Parties hereto agree to modifY the Agreement as follows:
1. All terms of the Agreement and the modifications referenced herein are incorporated by
reference herein except the following changes shall be made:
A. Page 3, Section 4 of the Agreement shall be modified as follows:
Compensation: The Contractor will be compensated in an
amount mutually agreed upon before May 31 of each year. The
FY 01 mutually agreed upon amount is $48,586 for DES
activities.
END OF AGREEMENT EXCEPT FOR SIGNATURE PAGE
Z:\HOLS1\OIDES&HM Agree Modifioation.wpd
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DATED this Q day of ~ 2000.
CITY OF BOZEMAN
GALLATIN COUNTY
COMMISSIONERS
Clark Johnson, City Manager
c;;/l;I ~~
Phil Olson, Chairman
~1 -\
ATTEST:
{Jd.:-Y ~
Robin Sullivan, City Clerk
~ :!VIdI
Jennifer Smith-Mitchell, Member
APPROVED AS TO FORM:
ATTEST:
Z:\HOLS1\O I DES&HM Agree ModiJication.wpd
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MODIFICATION TO AGREEMENT
DISASTER AND EMERGENCY SERVICES COORDINATOR AND HAZARDOUS MATERIALS
THIS MODIFICATION TO AN AGREEMENT, is made by and between:
GALLATIN COUNTY, 311 W. Main Street, Room 301, Bozeman,
Montana 59715, Telephone: 406 -582 -3000 ("COUNTY"); and, CITY OF
BOZEMAN, 411 E. Main, Bozeman, Montana 59715, Telephone: 406-582-
2 3 0 0 (" CITY") .
WHEREAS, the COUNTY and CITY entered into Gallatin County
Contract 98-62 on June 13, 1997 which went into effect on July
1, 1997 regarding Disaster and Emergency Services Coordinator
and Hazardous Materials ("Agreement"); and,
WHEREAS, the parties intend to modify typographical
inconsistencies in the Agreement and augment compensation for
Fiscal Year 1999;
NOW, THEREFORE, in consideration of the terms, conditions,
covenants and performance contained herein the Parties hereto
agree to modify the Agreement as follows:
1. Page 2, Section 2.a.x of the Agreement shall be modified as follows:
Assist and advise Gallatin County on compliance with the
requirements of SARA Subtitle III.
2. Page 3, Section 4 of the Agreement shall be modified as follows:
Compensation: The Contractor will be compensated in an
amount mutually agreed upon before May 31 of each year.
The FY 99 mutually agreed upon amount is $45,754 for DES
activities.
END OF AGREEMENT EXCEPT FOR SIGNATURE PAGE
DATED this ell day of July, 1998.
CITY OF BOZEMAN
~~-
Clark Johnson, City Manager
ATTEST:
(?.,kc/ p~
Robin Sullivan, City Clerk
TO FORM:
.~
GALLATIN COUNTY
COMMISSIONERS
V~~
Phil Olson, Chairman
Aiol dt/ai/1l6~ -f~~)1a/~
Jarvis Brown, Member J
ATTEST: