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Home My WebLink About08- MSU Fire Service Agreement - Fiscal Year 2009 Service Agreement~(~u'u ~Ja~m~azQe~ ~ 0 3i -~~ Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Anna Rosenberry, Finance Director Chris Kukulski, City Manager SUBJECT: CONSENT: Ratify City Manager's signature on Fiscal Year 2009 Montana State University (MSU) Fire Service Agreement. MEETING DATE: July 28, 2008 RECOMMENDATION: Ratify City Manager's signature on agreement. BACKGROUND: Since the mid-1980's, Montana State University has provided support for firefighting personnel, operations and maintenance, and small equipment purchases at Fire Station #2, located on South 19th Avenue. This support is in exchange for Fire Safety Services that benefit the University, as described in Section 2 of the agreement. This agreement is in accordance with MCA 7-11-101 "Inter-local Cooperation Act." It is updated annually to reflect current personnel costs. FISCAL EFFECTS: The General Fund will receive $126,212 from MSU in November 2008. ALTERNATIVES: As suggested by the City Commission. Respectfully submitted, Anna Rosenberry, Finance Director Chris Kukulski, City Manager Report compiled on: July 23, 2008 Attached Documents: Fiscal Year 2009 Service Agreement 8 Ei~co~r Bozeman ~~ zoos Office of the City Commission City Clerk's Office Mayor Kaaren Jacobson Commissioners Sean Becker Eric Bryson Jeff Krauss Jeff Rupp CITY OF BOZEMAN 121 North Rouse P.O. Box 1230 Bozeman, MT 59771 Phone: (406)582-2320 Fax: (406) 582-2323 TDD: (406) 582-2301 www.bozeman.net October 31, 2008 Montana Secretary of State P.O. Box 202801 Helena, MT 59620-2801 Re: Fiscal Year 2009 Service Agreement between Montana State University and the City of Bozeman Dear Secretary of State; I have been directed to send a copy of this agreement between Montana State University and the City of Bozeman to your office. Please let me know if there is any additional information that you will need. Have a great day! Stacy men City Clerk a ~ ~ m FISCAL YEAR 2009 SERVICE AGREEMENT 1~°a ~' ~ THIS AGREEMENT is made and entered into this I st day of July, 2008 by and between am N a o MONTANA STATE UNIVERSITY, Bozeman, Montana, hereinafter referred to as ••MSU" and a the CITY OF BOZEMAN, Bozeman, Montana, hereinafter referred to as ••CITY". m ~~ 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. ... NOW, THEREFORE, the Parties agree as follows: ~~ 1. Duration. The term of this agreement shall be from July 1, 2008 through June 3U, .~ 2009. This agreement shall expire on June 30, 2009, unless extended by mutual ~"` E written agreement of the parties. This agreement may be extended by the mutual consent of both parties for one (l) year at a time. a .~ 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 MSU, to provide for all necessary fire prevention activities, including stafftraining, 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. Payment. During the term of this agreement, 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 1, 2008 and attached hereto, and incorporated by reference. Payment for MSU's contribution shall be payable in an annual installment to the City of Bozeman by November 30, 2008. 4. ,Renew. To accommodate a timely renewal of this agreement, on or before April 1, 2009, the CITY shall submit to MSU a Fiscal Year 2010 OPERATIONS COST PROPOSAL for Station No. 2. 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. City Of Bozeman, City Cler(.'s Off~:e ~P.O. Boat 1230 Bozeman 9Kontana 5977.1-1230 6. Indemnification. Montana State University agrees to indemnify, hold harmless and p~ ~ defend the CITY and its officers, agents and employees against any and all actions, ~ ~ ~ suits claims, demands, costs, judgments, expenses (including reasonable attorney's r o o fees), and liability of any character whatsoever brought or asserted for any injury, m " m death, or damage received or sustained by a person, persons, property, business or any M p = other entity, arising out of or resulting from or in connection with the performance of N a ° this agreement, provided however, that such claims, damages, losses and expenses are a a caused solely by the negligent acts, intentional tortious acts, errors or omissions of ~~ "' MSU, its employees, agents, or assigns. .~.~ ~~ ~~` F 7. Headines. 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. ~ U "~" 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. 0 i 9. Amendments. The terms and conditions of this agreement may not be modified or U 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. 11. 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. 7-l i X07. IN WITNESS WHEREOF, the parties have entered into this agreement on the date first above ~ n written. ~~a 1~`• ° a R N ~W~ 07-lU•~dd~j N a o Robert V. Lashaw , AVP University ces Date ~ a MONTANA STATE UNIVERSITY ~ Chris Kukulski, City Manager Date ~. w CITY OF BOZEMAN ~~ ; ~. s •-. ~ ~.~. ~ e o An a Rosen ry, Fin Director D e L CI Y OF BOZEMAN T:UNanager\sue\Wrnd FileslFire Service Agmement •,/` CITY OF BOZEMAN FIRE DEPARTMENT DEPARTMENT OF PUBLIC SAFETY P.O. Box 1230 • Bozeman, Montana • 59771-1230 Phone (406) 582-2350 • Fax (406) 582-2355 • TDD (406) 582-2301 FACILITIES SERI,IiGF.S April 1, 2008 PEt'E1VEl' <-•,, ;;-..,r,Y 01 a ~ ~ tl ~A ~ o o Robert V. Lashaway ~ a ry AVP University Services ~~I~-~.`~~~STA-fE `IIyIVL.HSC;rk, M a . P.O. Box 172080 Nao Montana State University = '~ a Bozeman, Montana 59717 ~~ N ~.. ~.` Dear Mr. Lashaway: ~~ a E The City of Bozeman is proposing tha# the current agreement between the City and Montana State University for fire protection services be extended for another fiscal year, pursuant to the ~.~ ~ provisions of Section 1. The following additions reflect the City's current costs for wages, •' ~ " ~ utilities, and capital, and are added to Exhibits A and B for the extension period: ~.~ w •= ~ Wages. Benefits and Retirement ~~ z ~. . C~ o FY `Q9 Base Sala /month -' v Captain $5,150 First Class 4,506 Confirmed 4,057 SUBTOTAL 13,713 Average monthly base salary = $ 4,571 Wages =monthly average x 3 firefighters x 12 months 164,556 Benefits = $ 164,558 x .17395 = 28,625 Health insurance = $727 x 3 x 12 = 26.172 TOTAL $219, 353 Capital The items to be purchased during the coming fiscal year are as follows: Building Maintenance TOTAL 6,440 $ 6,440 fire .ems • rescue . hazmat . public education .disaster and emergency services ~fIIII~IRIA~~IY~~~lly~ 2307999 SUMMARY OF COSTS FY `09 .. Benefits Utilities. Phone Repair and Maintenance CaAital Subtotal Plus 6% administrative fee TOTAL WAGES, UTILITIES, AND CAPITAL ITEMS 219,353 Pgrlt,IT/ESs `~El:Eli/Ef~V10E~ 12, 343 ;.: .,. 6.440 $ 238,136 ~t l~~~A STgT. U~dVta' RS17'~ 14,288 252 424 TOTAL COST TO BE EVENLY SPLIT BETWEEN CITY AND MSU FY `09 $252,424 / 2 = $ 126,212.Q0 Our agreement focuses on frre protection, emergency medical, and hazardous materials response services for the many residents, employees, and visitors on campus. This program also includes Uniform Fire Code inspections and pre-fire planning surveys throughout each building on campus. Additionally, we have continued to upgrade our hazardous materials response capability by securing ongoing federal equipment and training grants. If you have any questions regarding our contract renewal, please contact me at your convenience. V ry truly yours, Chuck Winn Fire Chief CW/pw cc; Chris Kukulski, City Manager Anna Rosenberry, City Director of Finance ~ , ~~ . ~8 „ ~'` ~ , .Z ~~ , ~~ ~~, ~ ~~ ,~ 15 ~~ C.~a . Z:1WInn1MSUWISULTR 4-QB.doc