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HomeMy WebLinkAbout97- Gallatin County; Disaster & Emergency Services Coordinator & Hazardous Materials -.. I \\ 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); ) 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; 2 --, I 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 3 . , ,! .~l , ) 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. 4 ......." -.. I ) 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 5 I............. ........... 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 er ATTEST: Q~J~ Robin Sullivan, City Clerk winword\des\97 des. con GALLATIN COUNTY BOARD OF COUNTY COMMISSIONERS PP~ Phil Olson, Chairman ATTEST: 6 : f ~) 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 " \~' DATED this dl. day of July, 1998. CITY OF BOZEMAN ~~- Clark Johnson, City Manager ATTEST: rl~oi~~ Robin Sullivan, City Clerk TO FORM: --, \ ) ,. GALLATIN COUNTY COMMISSIONERS ~~ Phil Olson, Chairman Aiol dt/atla6tL -tb~;;'i1a/~ Jarvis Brown, Member J ATTEST: ,. , , 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 . I , .. r I DATEDthiS~Of S.~1999. I \ ~.\. Clark Johnson, City Manager ~ GALLATIN COUNTY COMMISSIONERS CITY OF BOZEMAN ATTEST: I William A M rdock, Ch . ~~, Phil Olson, Member ~(l'#JAJ Jennifer Smith Mitchell, Member (2J: J ~ Robin Sullivan, City Clerk APPROVED AS TO FORM:: " . 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. f: \ winw(l(d \des \holst.doc . . ! c ~ EFFECTIVE DATE: EXPIRA TION DATE: /!J //r / 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: @J OTHERS (Include: Entity. Mailing Address. Phone #. and Contact Person) @ I fk.-) 7b ~t6r;{) . ~~ ,1111 :57'77/ / 7b ~~ bf/tJ ~:::3~1 /1/1757'>7/ DA TE C & R DISTRIBUTED: SEPTEMBER 13 I 1999 March 25. t 996 f: \pat\contr:lct\con tch k. doc 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 ..' ~ ~ DATED this lIb< day of !V()Vrfhn h~ d?<PIJ.;? , 2000. CITY OF BOZEMAN -l- \ Clark Johnson, City Manager --' ATTEST: (lJ: J~ Robin Sullivan, City Clerk IIBFD-SRVIUSERISHRAUGER\SOWl2003 DES AGREEMENT MODlFICATION.DOC GALLATIN COUNTY COMMISSIONERS ~ Jennifer Smith. Mitchell, Memb .~ ~ COUNTY CONTRACT - /I 1998-Q62A COUNTY CONTRACT NUMBER - COUNTY CONTRACT ROUTING FORM I CQNTRACTNAME: DE.~I HAzmA--r i i EFFECTIVE DA TE:EXPlRA TION DATE: RESPONSIBLE DEPARTMENT: DES RENEW AL DATES: NOTES/INSTRUCTIONS: OUTSIDE PARTIES: DATE: (2- /11 /O(;L I / #" . DATE J;> /13/02 _ t.Z,:J2-1 ..e-..... I ' ;2.Jo 'j _ ;J <N -4 2:'- -eO - "37 7 ~ 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) 'Rob",f\..) $a \ \: "AJ\.J I c..: ~"\ C 0""--: ~; Ot\.J ~ DA TE C & R DISTRIBUTED: ~ \~ 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 ~ ~ oH. hAil""; 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 , . ).. 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: