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Home My WebLink About1999 Service Agreement with Auxiliary Services/MSU . l FISCAL YEAR 1999 SERVICE AGREEMENT ~ day of~, 1998 by and THIS AGREEMENT is made and entered into this ;: 8 between AUXILIARY SERVICES of MONTANA STATE UNIVERSITY, Bozeman, Montana, hereinafter referred to as "AUXILIARIES/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 firefighting 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 AUXILIARIES/MSU facilities and campus facilities. NOW, THEREFORE, the Parties agree as follows: 1. Duration. The term of this agreement shall be from July 1, 1998 through June 30, 1999. This agreement shall expire on June 30, 1999, unless extended by mutual written agreement of the parties before April 1, 1999. 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 personnel 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 AUXILIARIES/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, AUXILIARIES/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 utilities and capital improvements, as set forth in Exhibit "B", attached hereto, and incorporated by reference. After the first year, the personnel, benefits, utility, capital and administrative costs will be calculated for purposes of the payments. C: IMy!' i leslO LENNlM iscl!' iretightingServ iceAgreemenl. wpd . , ( The CITY will bill AUXILIARIES/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 1998-1999 - four equal quarterly payments of $19,728.75. 4. Renew. to accommodate a timely renewal of this agreement, on or before April 1, 1999, the CITY shall submit to AUXILIARIES/MSU a Fiscal Year 2000 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 connection with the performance of this agreement, provided however, that such claims, damages, losses and expenses are caused solely 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 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. II. 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. 97-11-07. C :IM y Fi IcslG LENNlM iSCIFircilghti ngScrviccAgrcctncnt. wpd . 1 . , IN WITNESS WHEREOF, the parties have entered into this agreement on the date first above written. M.~~, Director - r~/U D e / AUXILIARY SERVICES MONT ANA STATE UNIVERSITY _-).' .,.";1 ad ."'7 ..../ 'Y-7F~1f ../ ../~. j' -, /; //// ;," ill," fk.. , jf /'.." i. MICHAEL P. MALONE, President Date MONT ANA STATE UNIVERSITY ~~ ," /0/13/98 CLA~ : OH~SON, City Manager Date CITY OF BOZEMAN ~ /'1 J J.AII-f A2 ~ /7--2(. -< 6'Y ~ /"'rl/ '3/;> B MIRAL D. GAMRADT Date Administrative Services Director CITY OF BOZEMAN C ;IMy FileslG L ENNIM isclF iretlghtin gServiceAgreement. wpd . I. . MSU FIRE SERVICE FISCAL YEAR 1999 Wages, Benefits and Retirement Base Salary* FY 1998-99 Captai n $3,054 First Class 2,756 Confirmed 2,562 TOTAL $8.3 72 * City pays all longevity costs. Average monthly base salary = $2,791 FY 1998-99 Wages = monthly average X 3 firefighters X 12 months $100,476 Benefits = $ X.199 = 20,135 Health Ins = $369 X 3 X 12 = 13 ,2 84 TOTAL $133.895 Capital The items to be purchased during Fiscal Year 1998-1999 Exhaust Removal System $3,000 Equipment Replacement 3,000 Vehicle Replacement 5,000 TOTAL $ 1 I ,ana C:IM y Fi leslG LEN NIM isclFiretlghtingServiceAgreement wpd . , . SUMMARY OF COSTS FY 1998-99 Wages and Benefits $133,895 Utilities, Phone Repair & Maintenance 4,000 Capital 11.000 Sub-total $148,895 Plus 6% administrative fee 8.934 TOTAL WAGES, UTILITIES, $157.829 AND CAPITAL ITEMS C:\My Fi les\G L ENN\M ise\F ire 1I ghlin gServ iee Agreement_ wpd .. . . M . Capital The items to be purchased during FY 98-99 are as follows: Exhaust Removal System $3,000 Equipment Replacement 3,000 Vehicle Replacement 5,000 TOTAL $11,000 SUMMARY OF COSTS FY 98-99 Waees and Benefits $133,895 Utilities, Phone Repair and Maintenance 4,000 Capital 11 ,000 Subtotal $148,895 Plus 6% administrative fee 8,934 TOT AL WAGES, UTILITIES, AND CAPlT AL ITEMS $157,829 TOT AL COST TO BE EVENLY SPLIT BETWEEN CITY AND MSU FY 98-99 = $78,915 Section 3 will also change to reflect this new level of compensation for four quarterly payments of $19,728.75. If you have any questions regarding this proposal, please contact me at your convenience. Very truly yours, Aaron E. Holst Fire Chief cc: Clark Johnson, City Manager Miral Gamradt, Administrative Services Director C:IMy FileslGLEN NIM isclFirefight i ngServiee Agreement. wpd