Loading...
HomeMy WebLinkAbout24 - Interlocal Agreements - MONTANA STATE UNIVERSITY - City of Bozeman Fire Station 2 DocuSign Envelope ID:8ADD2796-DA33-4AF7-ABA3-88DC9B7BF173 tom. To C,`ty G f' �t©z-,AAAA9 );--" f3oy `a 3 0 2833787 Page: 1 of 10 08/30/2024 12:35:40 PM Fee: $5.00 Eric Semerad - Gallatin County, MT IR 11111111�1111 II 111111/1,�11111111111 IN 1 1 111111111 �,,111111111 III 1111111111111111111 IN THIS INTERLOCAL AGREEMENT is made and entered into this 4th of June , 2024 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, 2024 through June 30, 2025. This agreement shall expire on June 30, 2025, 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 2025 contribution in the amount of $285,195.62 shall be paid to the City of Bozeman by November 30, 2024 2833787 Page 2 of 10 08/30/2024 12.35.40 PM DocuSign Envelope ID:8ADD2796-DA33-4AF7-ABA3-88DC987BF173 5. Renewal. To accommodate a timely renewal of this agreement, on or before April 1, 2025, the CITY shall submit to MSU a Fiscal Year 2025 OPERATIONS COST PROPOSAL for Station No. 2. 6. Termination. The parties may terminate this agreement prior to its June 30, 2025 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. 2833787 Page 3 of 10 08/30/2024 12.35.40 PM DocuSign Envelope ID:8ADD2796-DA33-4AF7-ABA3-88DC9B7BF173 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. D FcuSigned by: 9 —(1— JO 2D55A2F4A0... Associate Vice President, Facilities Date 6/10/2024 Management Montana State University DocuSigned by: Docuftned by: F HBO Ih, o R vlu o i Ch 98DA472... Interim City Manager City of Bozeman Date 6/10/2024 2833787 Page 4 of 10 08/30/2024 12.35.40 PM DocuSign Envelope ID:8ADD2796-DA33-4AF7-ABA3-88DC9B7BF173 EXHIBIT A FY 2025 COST OF SERVICES 1. Wages. Benefits and Retirement Personnel base salary/month Battalion Chief $ 11,135.90 Captain $ 8,759.76 First Class $ 6,854.86 Confirmed $ 6,043.15 (Average monthly base salary: $8,198.42) Total annual base salary ($8,254.17 x 4 firefighters x 12 months): Benefits, Retirement contribution, Health Insurance $393,524.16 (29%) $ 114,122.00 Subtotal cost of wages, retirement, and benefits: S.907,646.16 2. Building / Capital Costs Building Maintenance Utilities, Phones, Data, Radios, Mobile Data Terminals Subtotal Building / Capital $ 30,458.77 SUBTOTAL (wages and building/capital) $538,104.93 6% administrative fee $32,286.30 GRAND TOTAL $570,391.23 MSU's 50% share: $285,195.62 2833787 Page 5 of 10 08/30/2024 12.35.40 PM Docu ftff Certificate Of Completion Envelope Id:8ADD2796DA334AF7ABA388DC9B7BF173 Status:Completed Subject:Complete with Docusign:MSU-City of Bozeman Fire Dept Interlocal Agreement FY25.pdf Source Envelope: Document Pages:5 Signatures:2 Envelope Originator: Certificate Pages:5 Initials:0 Mike Maas AutoNav:Enabled Stamps: 1 PO Box 1230 Envelopeld Stamping:Enabled Bozeman,MT 59771 Time Zone:(UTC-07:00)Mountain Time(US& Mmaas@bozeman.net Canada) IP Address:69.145.83.100 Record Tracking Status:Original Holder:Mike Maas Location:DocuSign 6/5/2024 10:11:37 AM Mmaas@bozeman.net Security Appliance Status:Connected Pool:StateLocal Storage Appliance Status:Connected Pool:City of Bozeman Location:DocuSign Signer Events Signature Timestamp John How Sig"ia�" Sent:6/5/2024 10:13:20 AM John.how@montana.edu ED-9 Viewed:6/10/2024 9:15:10 AM AVP Facilities Management e45892D56A2NA0... Signed:6/10/2024 9:15:27 AM Montana State University Signature Adoption:Drawn on Device Security Level:Email,Account Authentication (None) Using IP Address:174.204.6.57 Signed using mobile Electronic Record and Signature Disclosure: Accepted:6/10/2024 9:15:10 AM ID:af45ce7a-caaf-4919-b7a9-cbddec005fe1 by:Chuck Winn ED—SIgned Sent:6/10/2024 9:15:28 AM cwinn@bozeman.net Wt� Viewed:6/10/2024 9:18:48 AM Acting City Manager 50988091OBDA472... Signed:6/10/2024 9:19:17 AM City of Bozeman Security Level:Email,Account Authentication Signature Adoption:Pre selected Style (None) Using IP Address:69.145.83.100 Electronic Record and Signature Disclosure: Accepted:6/10/2024 9:18:48 AM ID:39e8762c-9af8-4ad7-8e47-d61fac1d698e Mike Maas Signed Sent:6/10/2024 9:19:18 AM mmaas@bozeman.net Viewed:6/13/2024 3:25:46 PM City Clerk 's;i Signed:6/13/2024 3:26:09 PM City of Bozeman4 � Security Level:Email,Account Authentication (None) Using IP Address:69.145.83.100 Electronic Record and Signature Disclosure: Accepted:1/6/2020 4:08:14 PM ID:79370d6f-72a4-4837-866f-9ec3lf00062f In Person Signer Events Signature Timestamp Editor Delivery Events Status Timestamp Agent Delivery Events Status Timestamp 2833787 Page 6 of 10 08/30/2024 12.35.40 PM Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp Carbon Copy Events Status Timestamp Josh Waldo Sent:6/13/2024 3:26:11 PM COPIED jwaldo@bozeman.net Fire Chief Security Level:Email,Account Authentication (None) Electronic Record and Signature Disclosure: Accepted:3/10/2023 4:01:40 PM ID:6926eOf9-d6b5-46ff-a7d4-7abf2aaOa7c0 Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 6/5/2024 10:13:21 AM Certified Delivered Security Checked 6/13/2024 3:25:46 PM Signing Complete Security Checked 6/13/2024 3:26:09 PM Completed Security Checked 6/13/2024 3:26:11 PM Payment Events Status Timestamps Electronic Record and Signature Disclosure 2833787 Page 7 of 10 08/30/2024 12.35.40 PM Electronic Record and Signature Disclosure created on:7/9/2018 4:06:02 PM Parties agreed to:John How,Chuck Winn,Mike Maas,Josh Waldo CONSUMER DISCLOSURE From time to time, City of Bozeman (we, us or Company) may be required by law to provide to you certain written notices or disclosures. Described below are the terms and conditions for providing to you such notices and disclosures electronically through the DocuSign, Inc. (DocuSign) electronic signing system. Please read the information below carefully and thoroughly, and if you can access this information electronically to your satisfaction and agree to these terms and conditions,please confirm your agreement by clicking the `I agree' button at the bottom of this document. Getting paper copies At any time, you may request from us a paper copy of any record provided or made available electronically to you by us. You will have the ability to download and print documents we send to you through the DocuSign system during and immediately after signing session and, if you elect to create a DocuSign signer account, you may access them for a limited period of time (usually 30 days) after such documents are first sent to you. After such time, if you wish for us to send you paper copies of any such documents from our office to you, you will be charged a $0.00 per-page fee. You may request delivery of such paper copies from us by following the procedure described below. Withdrawing your consent If you decide to receive notices and disclosures from us electronically, you may at any time change your mind and tell us that thereafter you want to receive required notices and disclosures only in paper format.How you must inform us of your decision to receive future notices and disclosure in paper format and withdraw your consent to receive notices and disclosures electronically is described below. Consequences of changing your mind If you elect to receive required notices and disclosures only in paper format, it will slow the speed at which we can complete certain steps in transactions with you and delivering services to you because we will need first to send the required notices or disclosures to you in paper format, and then wait until we receive back from you your acknowledgment of your receipt of such paper notices or disclosures. To indicate to us that you are changing your mind, you must withdraw your consent using the DocuSign `Withdraw Consent' form on the signing page of a DocuSign envelope instead of signing it. This will indicate to us that you have withdrawn your consent to receive required notices and disclosures electronically from us and you will no longer be able to use the DocuSign system to receive required notices and consents electronically from us or to sign electronically documents from us. All notices and disclosures will be sent to you electronically Unless you tell us otherwise in accordance with the procedures described herein,we will provide electronically to you through the DocuSign system all required notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you during the course of our relationship with you. To reduce the chance of you inadvertently not receiving any notice or disclosure,we prefer to provide all of the required notices and disclosures to you by the same method and to the same address that you have given us. Thus, you can receive all the disclosures and notices electronically or in paper format through the paper mail delivery system. If you do not agree with this process, please let us know as described below.Please also see the paragraph immediately above that describes the consequences of your electing not to receive delivery of the notices and disclosures electronically from us. 2833787 Page 8 of 10 08/30/2024 12.35.40 PM How to contact City of Bozeman: You may contact us to let us know of your changes as to how we may contact you electronically, to request paper copies of certain information from us, and to withdraw your prior consent to receive notices and disclosures electronically as follows: To contact us by email send messages to:jolson@bozeman.net To advise City of Bozeman of your new e-mail address To let us know of a change in your e-mail address where we should send notices and disclosures electronically to you, you must send an email message to us atjolson@bozeman.net and in the body of such request you must state: your previous e-mail address, your new e-mail address. We do not require any other information from you to change your email address.. In addition, you must notify DocuSign, Inc. to arrange for your new email address to be reflected in your DocuSign account by following the process for changing e-mail in the DocuSign system. To request paper copies from City of Bozeman To request delivery from us of paper copies of the notices and disclosures previously provided by us to you electronically, you must send us an e-mail to jolson@bozeman.net and in the body of such request you must state your e-mail address, full name,US Postal address, and telephone number. We will bill you for any fees at that time, if any. To withdraw your consent with City of Bozeman To inform us that you no longer want to receive future notices and disclosures in electronic format you may: i. decline to sign a document from within your DocuSign session, and on the subsequent page, select the check-box indicating you wish to withdraw your consent, or you may; ii. send us an e-mail to jolson@bozeman.net and in the body of such request you must state your e-mail, full name, US Postal Address, and telephone number. We do not need any other information from you to withdraw consent.. The consequences of your withdrawing consent for online documents will be that transactions may take a longer time to process.. Required hardware and software Operating Windows®2000, Windows®XP, Windows Vista®; Mac OS®X Systems: Final release versions of Internet Explorer® 6.0 or above (Windows only); Browsers: Mozilla Firefox 2.0 or above (Windows and Mac); SafariTM 3.0 or above (Mac only) 1PDF Reader: jAcrobat8 or similar software may be required to view and print PDF files Screen 1800 x 600 minimum 'Resolution: 2833787 Page 9 of 10 08/30/2024 12.35.40 PM ;Enabled Security Allow per session cookies 'Settings: ** These minimum requirements are subject to change. If these requirements change, you will be asked to re-accept the disclosure. Pre-release (e.g. beta) versions of operating systems and browsers are not supported. Acknowledging your access and consent to receive materials electronically To confirm to us that you can access this information electronically, which will be similar to other electronic notices and disclosures that we will provide to you,please verify that you were able to read this electronic disclosure and that you also were able to print on paper or electronically save this page for your future reference and access or that you were able to e-mail this disclosure and consent to an address where you will be able to print on paper or save it for your future reference and access. Further, if you consent to receiving notices and disclosures exclusively in electronic format on the terms and conditions described above,please let us know by clicking the `I agree' button below. By checking the `I agree' box,I confirm that: I can access and read this Electronic CONSENT TO ELECTRONIC RECEIPT OF ELECTRONIC CONSUMER DISCLOSURES document; and • I can print on paper the disclosure or save or send the disclosure to a place where I can print it, for future reference and access; and Until or unless I notify City of Bozeman as described above, I consent to receive from exclusively through electronic means all notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to me by City of Bozeman during the course of my relationship with you. 2833787 Page 10 of 10 08/30/2024 12.35.40 PM From MCA 1-5-610(7) For certifying a copy of an electronic record: State of Montana County of Gallatin I certify that the foregoing and annexed record entitled Interlocal Agreement, dated June 4, 2024, between Montana State University and the City of Bozeman and consisting of 10 pages is a true and correct copy of an electronic record printed directly from the electronic file by me on August 29, 2024. (Signature of notarial officer) (Official stamp) �E Mq MIKE MAAS qs= Notary Public NpTAR/,qz*. -for the State of Montana `* SEAL *= Residing at: .zQ Belgrade, Montana My Commission Expires: Io '0111 November 8,2025