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HomeMy WebLinkAbout01- Service Agreement with Auxiliary Services/MSU I . , FISCAl, VRAR 2001 SF.RVICR AGRF.F,MF.NT d g THIS AGREEMENT is made and entered into this 2t - day of ,.,'L, 2000 by and between AUXILIARY SERVICES of MONTANA STATE UNIVERSITY, Bozeman, Montana, hereinafter referred to as .AUXILIARlES/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 win 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. DlImtion. The term of this agreement shall be from July 1,2000 through June 30, 2001. This agreement shall expire on June 30, 2001, unless extended by mutual written agreement of the parties before April 1, 2001. This agreement may be extended by the mutual consent of both parties for one (1) year at a time. 2. Fire S~fp.ty Sf':rvicf':~. 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 Residence 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. P~ymf':nt, 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 the exhibit dated April 5, 2000 and attached hereto, and incorporated by reference. After the first year, the personp.el, benefits, utility, capital and administrative costs will be calculated for purposes of the payments. I . . 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 2000-2001 - four equal quarterly payments of$20,991.00. 4. Renew. To accommodate a timely renewal of this agreement, on or before April 1 ,2001, the CITY shall submit to AUXILIARIES/MSU a Fiscal Year 2002 OPERA nONS COST PROPOSAL for Station No.2. 5. Tennin::Jtion. 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. Tnoemnific::Jtion. 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 bya 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 MSD, its employees, agents, or assigns. 7. He::Joines. 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 Aereement. 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. A menoments. The terms and conditions of this agreement may not be modified or amended except by an instrument in \Hiting executed by each of the parties hereto. No oral modification shall be enforceable. 10. Sever::Jhility. 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. Recorolltion. This agreement shall be filed with the Gallatin County Clerk and Recorder and the Montana Secretary of State as required by M.C.A.. 7-11-07. . , . "' .. IN WITNESS WHEREOF, the parties have entered into this agreement on the date first above written. M.GLE~~ 27'1.. ate / AUXILIARY SERVICES MONTANA STATE UNIVERSITY ~~V ~//.: TE~OARK, President Date ( MONT ANA STATE UNIVERSITY L_. _ -\- --\ . -- r-\ \ -~ \ <.0 2(S'-C; CLARK V. JOHNSON, City Manager Date CITY OF BOZEMAN 7'/ / A;/ AJ. .~ {";,flL-.- d'~' May 16, 2000 Administrative Services Director Date CITY OF BOZEMAN sb: D\MYFlLES\FircfightingServiceAgreement-200 1. wpd