Loading...
HomeMy WebLinkAbout96-97 Service Agreement with Auxiliary Services/MSU I . , . , FISCAL YEARS 1996 AND 1997 SERVICE AGREEMENT THIS AGREEMENT is made and entered into this 30th day of April , 1996 by and between AUXILIARY SERVICES of MONTANA STATE UNIVERSITY, Bozeman, Montana, hereinafter referred to as "AUXlLlARlES/MSU" and the CITY OF BOZEMAN, Bozeman, Montana, hereinafter referred to as "CITY". WHEREAS, in accordance with the previously accepted recommendations, it is in the interest and the intent of AUXILIARIES/MSU to provide support for the employment of additional CITY fire fIghting personnel so that Fire Station No.2 can be operated on a full-time basis; and, WHEREAS, this support will not include the provision of any state-appropriated funds to support the cost of current services to Montana State University by the Bozeman Fire Department; and, WHEREAS, this financial support will be from auxiliary revenues for additional services which will enhance the level of fire safety in the AUXILIARlES/MSU facilities and campus facilities. NOW, THEREFORE, the Parties agree as follows: 1. Duration. The term of this agreement shall be from July 1, 1995 through June 30, 1997. This agreement shall expire on June 30, 1997, unless extended by mutual written agreement of the parties before April 1, 1997. This agreement may be extended by the mutual consent of both parties for one (1) year at a time. 2. Fire Safety Services. The CITY will continue to employ sufficient persOlmel to operate Station No.2 in such a manner as to provide service to its first call area on a full-time basis. ('{ In addition to firefighting services, the personnel at Station No.2 will devote a sufficient percentage of their time, upon request of AUXILIARlES/MSU, to provide for all necessary fire prevention activities, including staff training, escape routes, drill procedures, facility and equipment recommendations, facility pre- planning tours and similar activities on campus. Prior to the fall opening of the MSU halls, the City firefighting personnel will cooperate with MSU personnel in the annual Fire Safety and Evacuation Training Seminar for all residence life personnel each year this agreement is in effect. 3. Payment. During the term of this agreement, AUXILIARlES/MSU shall contribute to the cost of wages, benefits and retirement contributions for those personnel operating Station No.2, as well as contribute toward the costs of Service Agreement Page 1 . . . . . . I utilities and capital improvements, as set forth in Exhibit "B", attached hereto, and incorporated by reference. After the first year, the persOlmel, benefits, utility, capital and administrative costs will be calculated for purposes of the payments. The CITY will bill AUXIUARIES/MSU as follows: Quarterly, in advance, for costs as calculated with adjustments, if any, made in the last quarter of a fiscal year. Fiscal Year 1995-96 - four equal quarterly payments of $18,095.50 Fiscal Year 1996-97 - four equal quarterly payments of $18,297.50 4. Renew. To accommodate a timely renewal of this agreement, on or before April 1, 1997, the CITY shall submit to AUXILIARIES/MSU a Fiscal Year 1998 and 1999 OPERATIONS COST PROPOSAL for Station No.2. 5. Termination. In the event that the first call area of Station No.2 is not operated on a full-time status or in the event that the state of Montana decides to provide city services support through payment in lieu of taxes, this agreement may, at the option of either party, be terminated by providing the other party written notice. 6. Indemnification. Montana State University agrees to indemnify, hold harmless and defend the CITY and its officers, agents and employees against any and all actions, suits claims, demands, costs, judgments, expenses (including reasonable attorney's fees), and liability of any character whatsoever brought or asserted for any injury, death, or damage received or sustained by a person, persons, property, business or any other entity, arising out of or resulting from or in cOlmection with the performance of this agr~~.;'!~d l~.;o. that such claims: damages, losses and expenses are cali "'1 .' K aft, by the neglIgent acts, intentional tortious acts, errors or omissions of MSU, its employees, agents, or aSSIgns. 7. Headings. The section headings contained herein are for convenience and reference and are not intended to define or limit the scope of any provision of this agreement. 8. Entire Agreement. This agreement constitutes 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. No covenant, term or addition to this agreement shall be deemed waived by either party unless such waiver shall be reduced to writing and signed by the parties. 9. Amendments. The terms and conditions of this agreement may not be modified or amended except by an instrument in writing executed by each of the parties Service Agreement Page 2 . . . . . . I . hereto. No oral modification shall be enforceable. 10. Severability. If any portion of this agreement is declared invalid, it is the parties' intent that the remaining portions of the agreement be given effect without the invalid portion, so long as the intent and the payment for services under the agreement are not thereby affected. 11. Recordation. This agreement shall be filed with the Gallatin County Clerk and Recorder and the Montana Secretary of State as required by M.C.A. S7-11-107. IN WITNESS WHEREOF, the parties have entered into this agreement on the date first above written. r;;fl. ~ t~/.,c: M. N LEWIS, Director Da e ( AUXILIARY SERVICES MONT ANA STATE UNIVERSITY I ,/ '/:J~ " Lj --- / _~--<t ~. //17tY,/v4?" __ MICHAEL P. MALONE, President Date MONT ANA STATE UNIVERSITY " .~.iL---' 22 C :(l\~.Pc , 7f,3O. reo -. J ES E. WYSOCKI, City anager Date CITY OF BOZEMAN :lJ1 .i~ P Af( 2:J-..,,- "Nirf/t- q-por'ff.., MIRAL D. GAMRADT, Date Administrative Services Director CITY OF BOZEMAN Service Agreement Page 3 . . . . . . . . . ' " MSU FIRE SERVICE PROPOSAL FOR FY96 AND FY97 Waqes, Benefits and Retirement Base Salary* FY 1994-95 FY 1995-96 FY1996-97 Captain $ 2,701 2,795 2,935 First Class 2,437 2,522 2,648 Confirmed 2,267 2,345 2,462 TOTAL $ 7 ,405 $ 7 ,662 $ 8,045 * City pays all longevity costs. Average monthly base salary = $2,554 - FY96 $2,682 - FY97 FY96 FY97 Wages = monthly average X 3 firefighters X 12 months $ 91,944 $ 96,540 Benefits = $ X .15 = 13,792 14,481 Health Ins = $ 335 X 3 X 12 = 12,060 12,060 TOTAL $117 ,796 $123,081 Capital The items to be purchased during Fiscal Year 1995-96 and Fiscal Year 1996-1997 are as follows: Hazardous Materials to Level" A" $ 3,000 $ 3,000 Computer upgrade at Station II 3,000 3,000 Vehicle Replacement 5,000 5,000 TOTAL $ 11 ,000 $ 11 ,000 EXHIBIT "A" '. .. " .. . . . . , SUMMARY OF COSTS FY1995-96 FY1996-97 Waqes and Benefits $117,796 $123,081 Utilities, Phone Repair & Maintenance 4,000 4,000 Capital 11 ,000 11 ,000 Sub-total $ 132,796 $ 138,081 Plus 6% administrative fee 7.968 8,286 $140,764 $ 146.367 Plus Alternative power source (generator) 4,000 TOTAL WAGES, UTILITIES, AND CAPITAL ITEMS $144.764 $ 146.367 TOT AL COST TO BE EVENLY SPLIT BETWEEN CITY AND MSU FY1995-96 = $72,382 FY1996-97 = $ 73, 184 EXHIBIT "B"