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HomeMy WebLinkAboutMontana State University Fire Services Agreement_7 Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Jason Shrauger, Fire Chief SUBJECT: Authorize City Manager’s signature on Fiscal Year 2015 Montana State University (MSU) Fire Service Agreement. MEETING DATE: August 4, 2014 AGENDA ITEM TYPE: Consent RECOMMENDATION: Authorize 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 and operational costs. MSU signed the agreement on May 30, 2014. UNRESOLVED ISSUES: None ALTERNATIVES: As suggested by the City Commission. 38 FISCAL EFFECTS: The General Fund will receive $136,039.50 from MSU in November 2014. Attachments: Fiscal Year 2015 Fire Service Agreement (signed) 2015 MSU Contract Cover Letter Report compiled on: July 24, 2014 39 CITY OF BOZEMAN ● FIRE DEPARTMENT P.O. Box 1230 ● Bozeman, Montana ● 59771-1230 Phone (406) 582-2350 ● Fax (406) 582-2355 ● TDD (406) 582-2301 fire ● ems ● rescue ● hazardous materials ● public education ● disaster and emergency services April 25, 2014 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 updates reflect the City's cost of wages, benefits and retirement contributions, utilities, and capital, and are attached to the contract pursuant to the provisions of Section 2. Wages, Benefits and Retirement FY ‘15 Base Salary/month Captain 5788 First Class 5039 Confirmed 4537 SUBTOTAL 15,364 Average monthly base salary = 5121 Wages = monthly average x 3 firefighters x 12 months 184,356 Benefits = $ 184,356 x .1951 = 35,968 Health Insurance = $480 x 3 x 12 = 17,280 TOTAL $237,604 Capital The items to be purchased during the coming fiscal year are as follows: Building Maintenance 6550 TOTAL $6550 40 SUMMARY OF COSTS FY ‘15 Wages and Benefits 237,604 Utilities, Phone Repair and Maintenance 12,525 Capital 6550 Subtotal $256,679 Plus 6% administrative fee 15,400 TOTAL WAGES, UTILITIES, AND CAPITAL ITEMS $272,079 TOTAL COST TO BE EVENLY SPLIT BETWEEN CITY AND MSU FY ‘15 $272,079 / 2 = $ 136,039.50 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, Bozeman Fire Department cc: Chris Kukulski, City Manager Anna Rosenberry, Director of Finance 41 Interlocal agreement between City of Bozeman and MSU Page 1 of 4 FISCAL YEAR 2015 SERVICE AGREEMENT THIS INTERLOCAL AGREEMENT is made and entered into this 1st day of July, 2014 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, 2014 through June 30, 2015. This agreement shall expire on June 30, 2015, 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 Uniform 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 2015 contribution in the amount of $136,039.50, shall be paid to the City of Bozeman by November 30, 2014. 42 Interlocal agreement between City of Bozeman and MSU Page 2 of 4 5. Renewal. To accommodate a timely renewal of this agreement, on or before April 1, 2015, the CITY shall submit to MSU a Fiscal Year 2016 OPERATIONS COST PROPOSAL for Station No. 2. 6. Termination. The parties may terminate this agreement prior to its June 30, 2015 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. 43 Interlocal agreement between City of Bozeman and MSU Page 3 of 4 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. Robert V. Lashaway, A VP University Services Date Chris Kukulski, City Manager Date CITY OF BOZEMAN 44 Interlocal agreement between City of Bozeman and MSU Page 4 of 4 EXHIBIT A FY 2015 COST OF SERVICES 1. Wages, Benefits and Retirement Personnel base Salary/month Captain $5788 First Class $5039 Confirmed $4537 SUBTOTAL $15,364 (Average monthly base salary: $5121) Total annual base salary ($5121 x 3 firefighters x 12 months): $184,356 Retirement contribution ($184,356 x .1951): $35,968 Health Insurance ($480/mo. x 3 firefighters x 12 months): $17,280 TOTAL cost of wages, retirement, and benefits: $237,605 2. Capital purchases $6550 3. Utilities, phone repair, maintenance $12,525 SUBTOTAL $256,679 6% administrative fee $15,400 TOTAL $272,079 MSU’s 50% share: $136,039.50 45