The URL can be used to link to this page

Home My WebLink AboutC6. MSU FY16 Fire Services Agreement O�BOz CO. Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Greg Megaard, Acting Fire Chief SUBJECT: Authorize City Manager's signature on Fiscal Year 2016 Montana State University(MSU) Fire Service Agreement, MEETING DATE: August 24, 2015 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 92, located on South 191h 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, 2015. UNRESOLVED ISSUES: None ALTERNATIVES: As suggested by the City Commission. 38 i I I i FISCAL EFFECTS: The General Fund will receive$164,939.25 from MSU in November 2015. Attachments: Fiscal Year 2016 Fire Service Agreement(signed) 2016 MSU Contract Cover Letter 39 FISCAL YEAR 2016 SERVICE AGREEMENT THIS INTERLOCAL AGREEMENT is made and entered into this Vt day of July, 2015 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, 2015 through June 30, 2016. This agreement shall expire on June 30, 2016, 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 2016 contribution in the amount of$164,939,25 shall be paid to the City of Bozeman by November 30, 2015. Interlocal agreement between City of Bozeman and MSU Page 1 of 4 42 5. Renewal. To accommodate a timely renewal of this agreement, on or before April 1, 2016, 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, 2016 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. Interlocal agreement between City of Bozeman and MSU Page 2 of 4 43 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 Interlocal agreement between City of Bozeman and MSU Page 3 of 4 44 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 April 29, 2015 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 Sections 2 and 5 of the Interlocal Agreement for Fire Safety Services dated October 2014.(attached) The following updates reflect the City's cost of wages, benefits and retirement contributions, utilities, and capital, and are attached as a proposed updated version of Exhibit A to the lnterlocal agreement. As we now have Battalion Chiefs that assist in managing the day to day business of our stations as well as they directly interact with calls at the University, we have included a portion of their costs in this year's request for the first time. 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 fire . ems . rescue . hazardous materials - public education . disaster and emergency services EXHIBIT A FY 2016 COST OF SERVICES 1. Wages, Benefits and Retirement Personnel base salary/month Battalion Chief $ 7,030 Captain $ 5,788 First Class $ 5,039 Confirmed $ 4,537 (Average monthly base salary: $5,598) Total annual base salary ($5,598 x 4 firefighters x 12 months): $ 268,728 Benefits, Retirement contribution, Health Insurance (29%) $ 77,931 Subtotal cost of wages retirement, and benefits: $ 346 659 2. Building /Capital Costs Building Maintenance $ 6,550 Utilities, Phones, Data, Radios, Mobile Data Terminals $ 12,525 Subtotal Building / Capital $ 19,075 SUBTOTAL (wages and building/capital) $272,079 6% administrative fee $ 21,944 GRAND TOTAL $387,734 MSU's 50% share: $193,839 Cost split for FY16 and FY17$28,899.75 Total payment requested from MSU $164,939.25 Approved for FY 16: MSU Facilities Services " , $ 82,469.25 obert . Lash ay, A MSU Auxiliary Services �"�� %i�—� $ 82,469.63 To Stump, 6irctor Interlocal Agreement—MSU COB Fire Services Exhibit A FY16 Update—April 6, 2015 Page 1 of 1