HomeMy WebLinkAbout22- Fiscal Year 2023 Fire Service Agreement - Montana State University
THIS INTERLOCAL AGREEMENT is made and entered into this _____ of _____,
2022 by and between MONTANA STATE UNIVERSITY, Bozeman, Montana, hereinafter
referred to as "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 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 which will
enhance the level of fire safety for MSU; and
WHEREAS, Section 7-11-101 et seq., MCA provides that one or more public entities
may agree to participate in the provision of any service;
NOW, THEREFORE, the Parties agree as follows:
1. Purpose. The purpose of this agreement is to provide safety protection services in
the area served by Fire Station No. 2.
2. Duration. The term of this agreement shall be from July 1, 2022 through June 30,
2023. This agreement shall expire on June 30, 2023, unless extended by mutual
written agreement of the parties. This agreement may be extended by the mutual
consent of both parties for one (1) year at a time.
3. 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.
Personnel at Station No. 2 will:
a. Provide fire protection, emergency medical, and hazardous materials
response services;
b. Upon reasonable request of MSU, provide International Fire Code inspections
and other fire prevention activities, including staff training, escape routes,
drill procedures, facility and equipment recommendations, facility pre-
planning tours and similar activities on campus; and
c. Prior to the fall opening of the MSU Residence Halls, cooperate with MSU
personnel in the annual Fire Safety and Evacuation Training Seminar for all
residence life personnel.
4. Payment. During the term of this agreement, MSU and the City shall contribute
equally to the cost of wages, benefits and retirement contributions for those
personnel operating Station No. 2, as well as toward the costs of utilities and capital
improvements, as set forth in Exhibit A, attached hereto and incorporated herein by
reference. Payment for MSU's FY 2023 contribution in the amount of $232,373.83
shall be paid to the City of Bozeman by November 30, 2022
DocuSign Envelope ID: E3CA3FCD-3B63-429C-8127-8392DE51331C
April26
5. Renewal. To accommodate a timely renewal of this agreement, on or before April 1,
2023, the CITY shall submit to MSU a Fiscal Year 2024 OPERATIONS COST
PROPOSAL for Station No. 2.
6. Termination. The parties may terminate this agreement prior to its June 30, 2023
expiration by mutual agreement in writing.
7. 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 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 by the negligent acts, intentional
tortious acts, errors or omissions of MSU, its employees, agents, or assigns.
8. Separate Legal Entity; Administration. There shall be no separate legal entity
created as a consequence of this agreement. Administration of this agreement will
be the responsibility of the Bozeman Fire Department.
9. Property. This agreement does not contemplate the acquisition of real or personal
property.
10. 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.
11. Entire Agreement. This agreement constitutes the entire agreement between the
parties. No alterations, modification 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.
12. 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.
13. 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.
DocuSign Envelope ID: E3CA3FCD-3B63-429C-8127-8392DE51331C
14. Recordation. MSU shall file this agreement with the Gallatin County Clerk and Recorder
and the Montana Secretary of State as required by M.C.A. 7-11-07. Costs of recording
shall be the responsibility of MSU.
IN WITNESS WHEREOF, the parties have entered into this agreement on the date
first above written. _____________________________________ John How,
Associate Vice President, University Services
Montana State University
Date____________________
______________________________________
Jeff Mihelich,
City Manager
City of Bozeman Date ___________________
DocuSign Envelope ID: E3CA3FCD-3B63-429C-8127-8392DE51331C
4/28/2022
4/28/2022
EXHIBIT A
FY 2023 COST OF SERVICES
1. Wages, Benefits and Retirement
Personnel base salary/month
Battalion Chief
Captain
First Class
Confirmed
(Average monthly base salary: $6,266.73)
Total annual base salary ($6,266.73 x 4 firefighters x 12
months): Benefits, Retirement contribution, Health Insurance
(29%)
Subtotal cost of wages, retirement, and benefits:
$ 8,691.54
$ 7,182.39
$ 5,840.90
$ 5,156.02
$322,450.18
$ 93,510.55
$415,960.73
2. Building I Capital Costs
Building Maintenance
Utilities, Phones, Data, Radios, Mobile Data Terminals
Subtotal Building I Capital
$ 22,480.47
SUBTOTAL (wages and building/capital)
6% administrative fee
$438,441.20
$26,306.47
GRAND TOTAL $464,747.67
MSU's 50% share:
$232,373.83
DocuSign Envelope ID: E3CA3FCD-3B63-429C-8127-8392DE51331C
DocuSign Envelope ID: E3CA3FCD-3B63-429C-8127-8392DE51331C