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HomeMy WebLinkAbout10- MSU Fire Protection Services Agreement11 P.O. Box 1230 e Bozeman, Montana e 59771-1230 Phone (406) 582-2350 a Fax (406) 582-2355 e TDID (406) 582-2301 June 10, 2010 Robert V. Lashaway AVP University Services P.O. Box 172760 Montana State University Bozeman, Montana 59717 Dear Mr. Lashaway: The City of Bozeman is proposing that 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: Wages, Benefits and Retirement FY `11 Base Salary/month Captain 5482 First Class 4772 Confirmed 4297 SUBTOTAL 14,551 Average monthly base salary = 4850 Wages = monthly average x 3 firefighters x 12 months 174,600 Benefits =$ 174,612 x .17395 = 30,372 Health Insurance = $729 x 3 x 12 26,244 TOTAL $231,216 Capital The items to be purchased during the coming fiscal year are as follows: Building Maintenance Wei 101 M= fire a ems e rescue - hazardous materials - public education - disaster and emergency services Wages and Benefits Utilities, Phone Re air and Maintenance Capital Subtotal Plus 6% administrative fee TOTAL WAGES, UTILITIES, AND CAPITAL ITEMS 231,216 11,125 5875 $248,216 14,893 $263,109 FY '10 $263,10912=$131,554.50 Our agreement focuses on fire 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. Very truly yours, Jason Shrauger Fire Chief cc: Chris ukulski, City Manager Anna Rosenberry, City Director of Finance FISCAL YEAR 2011 SERVICE AGREEMENT THIS AGREEMENT is made and entered into this 1' day of July, 2010 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, NOW, THEREFORE, the Parties agree as follows: Duration. The term of this agreement shall be from July 1, 2010 through June 30, 2011. This agreement shall expire on June 30, 2011, 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. 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 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. Payment. During the term of this agreement, MSU shall contribute 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 improvernents, as set forth in the exhibit dated June 1, 2010 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, 2010. 4, Renew. To accommodate a timely renewal of this agreement, on or before April 1, 2011, the CITY shall submit to MSU a Fiscal Year 2012 OPERATIONS COST PROPOSAL for Station No. 2. 5. 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. 6. 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 solely by the negligent acts, intentional tortious acts, errors or omissions of MSU, its employees, agents, or assigns. 7. 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. 8. 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. 9. 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. 10. Severabili 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. 7-11-07, IN WITNESS WHEREOF, the parties have entered into this agreement on the date first above written.