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HomeMy WebLinkAboutResolution No. R23-38i •,MTIT-TE ! . �, RANCH. BE IT RESOLVED by the City Council of the City of Laurel, Montana, Section 1: Approval. The Agreement for Provision of Fire Services for the Yellowstone Boys and Girls Ranch, by and between the City of Laurel and the Yellowstone Boys and Girls Ranch (hereinafter "the Agreement for Provision of Fire Services"), a copy attached hereto and incorporated herein, is hereby approved. Section 2: Execution. The Mayor is hereby given authority to execute the Agreement for Provision of Fire Services for the Yellowstone Boys and Girls Ranch on behalf of the City. Introduced at a regular meeting of the City Council on the 13th day of June, 2023, by Council Member Klose. PASSED and APPROVED by the City Council of the City of Laurel the 13`i' day of June, 2023. APPROVED by the Mayor the 13t11 day of June, 2023. ATTEST: Aster, Clerk -Treasurer CITY OF LAUREL Dave Waggoner, May6r R23-38 Approve Agreement for Provision of Fire Services for Yellowstone Boys and Girls Ranch APPROVED AS TO FORM: Michele L. Braukmann, Civil City Attorney R23-38 Approve Agreement for Provision of Fire Services for Yellowstone Boys and Girls Ranch AGREEMENT ! PROVISION OF . S l THIS AGREEMENT is made and entered into this Is' day of July, 2023, by and between the City of Laurel, Montana, a municipal corporation (hereinafter "the City") and the Yellowstone Boys and Girls Ranch (hereinafter "YBGR"). WHEREAS, the City maintains the Laurel Volunteer Fire Department (hereinafter "the LVFD") and is willing to provide fire protection, prevention, and investigation services to properties within YBGR at the same level as such services are provided to properties within the limits of the City, upon the terms and conditions hereinafter provided; WHEREAS, attached hereto and by this reference made a part hereof, is YBGR's boundary description and map; WHEREAS, YBGR desires to obtain the said fire services from the City by entering into a contract with the City for such services. NOW, THEREFORE, it is agreed by and between the parties hereto as follows: 1. SERVICES The City will furnish the following services to properties and residents within YBGR at the same level as such services are provided to properties and residents within the limits of the Fire Districts served by the City: a. fire protection and suppression; b. fire prevention; and C. fire investigations. The City further agrees to provide grassland, rangeland, and timberland fire protection services to properties located within YBGR, at the same level as such services are provided to properties and residents within the limits of the Fire Districts served by the City. It is mutually covenanted, agreed, and understood that the amount of equipment, the type of equipment, the number of personnel dispatched, the manner of fighting the fire or explosion, etc., shall be in the sole discretion of the City and its personnel. It is further mutually covenanted, agreed, and understood that, in the event fire, explosion, or emergency calls shall occur simultaneously in YBGR and within the City's municipal boundaries, the City shall have priority in using its equipment and manpower to protect the City property first, and that protection of City inhabitants and property shall have preference and priority over any call or demand of YBGR. It is further mutually covenanted, agreed, and understood that the Chief of the LVFD shall conduct the investigation of all fires and/or explosions within the organized fire district and be independently responsible for determining the cause, origin, and circumstances of the same. YBGR agrees to cooperate with the City and the LVFD in the inspection of the property to be protected and to cooperate in reducing fire risks as may be suggested from time to time by LVFD personnel and/or the City and/or State Fire Inspector. 2. SERVICE AREA Fire services will be provided to all properties located within the boundaries of YBGR as specified in the Agreement, and as amended from time to time by agreement of the parties. Any enlargement of YBGR will not receive fire service unless approved in writing by the City. The hydrants and water system used for fire suppression by the City will be the sole responsibility for maintenance, care, and upkeep of YBGR. 3. EFFECTIVE This Agreement shall be effective on July 1, 2023, and shall terminate on June 30, 2024, subject to the provisions of Section 4. 4. RENEWAL AND EXTENSION This Agreement may be renewed, with the terms and conditions of the renewal Agreement to be as mutually agreed upon by the parties or, prior to expiration, this agreement may be extended for one or more thirty -day period(s) to provide the parties the opportunity to negotiate a new agreement. The parties may extend the agreement in writing, accepted and signed by both the City's Mayor and an authorized official/agent of YBGR. 5. CHARGES AND PAYMENTS The fees for providing services for this Agreement shall be: July 1, 2023 - June 30, 2024: $13,640.94 One-half of the said fees shall be paid on or before December 31, 2023. The remaining one-half shall be paid on or before June 30, 2024. 6. ANNUAL REPORT The City will furnish an annual written report to YBGR, which will include the number and type of incidents responded to within YBGR by City personnel. 7. MODIFICATION This Agreement cannot be modified or amended except in writing executed by the parties. 2 8. TERMINATION Termination of this Agreement occurs either 1) upon mutual agreement of the parties or 2) upon the termination date contemplated herein. If either party wishes to terminate this Agreement before the termination date, such party shall give written notice to the other party to respond, with the other party's consent or objection, no less than thirty (30) days before the proposed termination. IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first above written. CITY OF LAUREL YELLOWSTONE BOYS AND GIRLS RANCH B — Y Dave Waggoner, Mayor ATTEST: y St er, Clerk -Treasurer V