HomeMy WebLinkAbout12- Montana State University Fire Station No. 2 Fiscal Year 2013 Service Agreement with the City FISCAL YEAR 2013 SERVICE AGREEMENT
THIS AGREEMENT is made and entered into this 1"day of July, 2012 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:
1. Duration. The term of this agreement shall be from July 1, 2012 through June 30,
2013. This agreement shall expire on June 30, 2013, 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 improvements, as
set forth in the exhibit dated April 20, 2012 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, 2012,
4, Renew. To accommodate a timely renewal of this agreement, on or before April 1,
2013, the CITY shall submit to MSU a Fiscal Year 2013 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. 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. 7-11-07.
IN WITNESS WHEREOF, the parties have entered into this agreement on the
date first above written.
0 2-r, 7,d 2--
Robert V. L,ashaway, A VP Univ s' y Services Date
Chris KukuIski, City Manager Date
CITY OF BOZEMAN
7An a Rosen ry, Finance ector D to
Y OF BO AN
FACILITIES SERVICF�
RECEIVED
APR 2 3 2012
MONTANA STATE UNIVtH61 T Y