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HomeMy WebLinkAbout20- Interlocal Agreement - Big Sky Fire Department - Temporary Use of Fire TruckAgiree rnent between the My of Bozemn nud the Big Sty IFke 3De paretmnent IFoir the Tl emIlpoirgiU Use of the Fre Tremck T1(�S AGll81EEIYi1�GNT is made and effective this day oft, 2020, by and between the CITY ®IF BOZIEMAN, M®I`WANA, a self-governing municipal corporation organized and existing under its Charter and the laws of the State of Montana, 121 North Rouse Street, Bozeman, Montana, with a mailing address of P® Box 1230, Bozeman, MT 59771, hereinafter referred to as "City," and, the Big Sky Fire Department with a mailing address of 650 Rainbow Trout flay, Big Sky, MT, 59716 hereinafter referred to as "Department." ARE, AS, the City desires to use the Depar'tment's Erre truck on a temporary basis as a backup during the period of time where the City's ladder truck is undergoing repairs; and V 1 REAS, the City and the Department enter into this agreement pursuant to mutual aid and the purposes of Montana's Statewide Mutual Aid Systems Act; and WMR EAS, the City desires to provide insurance for the Department's sire truck during the time the Department's fire truck is under the City's custody and control. NOW THEREFORE, in consideration of the mutual covenants and agreements herein contained, the receipt and sufficiency whereof being hereby acknowledged, the parties hereto agree as follows: 1. Incorporation: The foregoing recitals of this Agreement are contractual and are hereby incorporated by reference. 2. Loan/Property Description. The personal property described below, referred to as the "Fire Truck," is loaned by the Department to the City for general firefighting and emergency response while the repairs are made to the City's ladder truck The Fire Truck is described as follows: 1997 fierce Saber and is depicted on the attached photograph(s). The City will return the Fire Truck to the Department upon completion and return of the City's own ladder truck normal wear and tear excepted. Page 1 of 3 3. Care & Insurance. The City will exercise reasonable care in respect to the Fire Track and, as described below, upon receipt of the Fire Truck from the Department, the City accepts responsibility for the Fire Truck herein against loss or damage that occurs during the City's possession. The City shall provide property and liability coverage through the Montana Municipal Interlocal Authority's (N /ffA) programs only when the Fire Truck is in the City's care, custody, and control. The scope of the City's property damage coverage for the Art is subject to all terms and conditions of the MMIA's Memorandum of Property Coverage, July 1, 2020. The City's liability coverage is subject to all terms and conditions of the MMU's Memorandum of Liability Coverage, July 1, 2020. 4. Representatives and Notices: a. City's Representative: The City's Representative for the purpose of this Agreement shall be Josh Waldo, Bozeman Fire Chief, or such other individual as City shall designate in writing. Whenever approval or authorization from or communication or submission to City is required by this Agreement, such communication or submission shall be directed to the City's Representative and approvals or authorizations shall be issued only by such Representative; provided, however, that in exigent circumstances when City's Representative is not available, the Department may direct its communication or submission to other designated City personnel or agents as designated by the City in writing and may receive approvals or authorization from such persons. b. Department's Representative: The Department's Representative for the purpose of this Agreement shall be Big Sky Fire Chief Greg Megaard or such other individual as Department shall designate in writing. Whenever direction to or communication with Department is required by this Agreement, such direction or communication shall be directed to Department's Representative; provided, however, that in exigent circumstances when Department's Representative is not available, City may direct its direction or communication to other designated Department personnel or agents. c. Notices: All notices required by this Agreement shall be in writing and shall be provided to the Representatives named in this Section. Notices shall be deemed given when delivered, if delivered by courier to Party's address shown above during normal business hours of the recipient; or when sent, if sent by email or fax (with a successful transmission report) to the email address or fax number provided by the Party's Representative; or on the fifth business day following mailing, if mailed by ordinary mail to the address shown above, postage prepaid. 5. Modification_zncl__Assianabilih,: This Agreement may not be enlarged, modified or altered except by written agreement signed by both parties hereto. The City's Fire Chief and the Department's Fire Chief are authorized to extend or modify this Agreement. Page 2 of 3 6. Consent to Electronic Signatures: The parties have consented to execute this Agreement electronically in conformance with the Montana Uniform Electronic Transactions Act, Title 30, Chapter 18, Part 1, MCA. * *** ]EDIT➢ OF AGREEMENT EXCEPT FOR SIGNATURES **** IN WITNESS VVMR1EOF, each party has caused this Agreement to be executed on the date indicated below. CITY OF :• - r1:by �- /•� BIG SKY FIRE DEPARTMENT to- 7 o date) GREG MEGAARD FIRE CHIEF Page 3 of 3