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HomeMy WebLinkAboutMOU with Meridian Fire District for Additional Compensation r . MEMORANDUM OF UNDERSTANDING AND AGREEMENT WHEREAS, a certain agreement entitled the "CITY OF MERIDIAN/ MERIDIAN RURAL FIRE PROTECTION DISTRICT FIREFIGHTING AND LIFE PRESERVATION SERVICE CONTRACT AND JOINT EXERCISE OF POWER AGREEMENT" (the "Agreement") exists between the City of Meridian (the "City") and the Meridian Rural Fire Protection District ("District"); and WHEREAS,pursuant to the Agreement,the District pays a fee (the "Contract Service Fee")to the City for the protection of property, both real and personal, against fire and for life preservation services, which includes those services a fire protection district, in the state of Idaho, is authorized to and does provide (the "Fire and Life Protection Services"); and WHEREAS, associated to the Contract Service Fee and the Fire and Life Protection Services, the City provides, Administrative Division Manager of Meridian Fire Department, certain administrative services and functions specific to, for and on behalf of the District to include, but not limited to the following (collectively the "Administrative Tasks"): • Developing and posting the District's meeting notices and agendas; • Preparing and distributing the District's meeting minutes; • Assisting in preparation of the District's budget and ensuring proper postings and hearing notices; • Preparing and filing for the District's elections; • The District's Monthly invoice accounting; • The District's filing, record keeping, and records retention; • The District's mailings; • Receiving and accounting for fees and/or donations to the District; • Obtain training, as required, to meet the District's needs; • Receive and deposit monthly checks and funds payable to the District; • Maintaining the tracking of the District's assets and inventory; and • Assists in the preparation of checks and financial information for the District and its regular meetings. WHEREAS, the Administrative Tasks are, in part, beyond the scope of Fire and Life Protection Services the City provides to the District; and WHEREAS, the District has heretofore approved the funding of, and payment to the City, of Two Thousand and 00/100 Dollars ($2,000.00) annually(One Hundred Sixty Six and 66/100 Dollars ($166.66)monthly), as further and additional compensation payable to the Administrative Division Manager for the performance of the Administrative Tasks (the "Additional Compensation"); and WHEREAS, the City agrees to invoice and collect the Additional Compensation from the District, as part of its monthly invoice to, and receipt of payment from, the District for the Contract Service Fee, and to pay, as part of the City's compensation to the MEMORANDUM OF UNDERSTANDING AND AGREEMENT,Page-1- Administrative Division Manager the Additional Compensation for the performance of the Administrative Tasks; and WHEREAS, the purpose of this Memorandum of Understanding and Agreement is for the City and the District to acknowledge and memorialize their agreements for the City to invoice and collect the Additional Compensation from the District, as part of the Contract Service Fee, and to pay, as part of the City's compensation to the Administrative Division Manager the Additional Compensation for the performance of the Administrative Tasks. NOW, THEREFORE, for good and valuable consideration, the receipt of which is hereby acknowledged by the parties hereto, the City and the District hereby acknowledge and memorialize their agreement for the City to invoice and collect the Additional Compensation from the District, as part of the Contract Service Fee, and to pay the Additional Compensation to the Administrative Division Manager for the performance of the Administrative Tasks as follows. 1. The District agrees to fund the Additional Compensation for to the Administrative Division Manager performance of the Administrative Tasks, and to pay the Additional Compensation to the City, on a monthly basis, as an integral part of its payment of the City's invoice to the District for the Contract Service Fee. Notwithstanding anything to the contrary in this Memorandum of Understanding and Agreement or otherwise, the District specifically reserves the right to increase or decrease the amount of the Additional Compensation, and to discontinue funding the Additional Compensation upon not less than sixty(60) days advance written notice to the City. 2. The City agrees to invoice and collect the Additional Compensation from the District, as part of the Contract Service Fee, and to pay, as part of the City's compensation to the Administrative Division Manager, the Additional Compensation to the Administrative Division Manager performance of the Administrative Tasks. In the event the District increases or decreases the amount of the Additional Compensation, the City agrees to invoice and collect such increased or decreased amount of the Additional Compensation from the District, as part of the Contract Service Fee, and to pay, as part of the City's compensation to the Administrative Division Manager, such increased or decreased amount of the Additional Compensation for the Administrative Division Manager's performance of the Administrative Tasks. In the event the District discontinues funding the Additional Compensation, the City's obligation to invoice and collect the Additional Compensation from the District, as part of the Contract Service Fee, and to pay, as part of the City's compensation to the Administrative Division Manager, the Additional Compensation for the Administrative Division Manager's performance of the Administrative Tasks, shall cease and terminate as of the effective date of the District's discontinuance of the funding of the Additional Compensation. 3. This Memorandum of Understanding and Agreement is entered into by and between the District and the City for the exclusive benefit of the District and the City. This Memorandum of Understanding and Agreement is expressly not intended for the benefit of any third person or entity, and is not intended to create,nor shall it be in MEMORANDUM OF UNDERSTANDING AND AGREEMENT,Page-2- any way interpreted or construed to create, any third party beneficiary rights in any person or entity not a party hereto. 4. This Memorandum of Understanding and Agreement shall not be construed as an amendment or addendum to the Agreement, except and to the limited extent necessary to give effect to the terms, provisions and agreements set forth herein. IN WITNESS WHEREOF, the parties have herein executed this addendum. DATED AND SIGNED this /liti—day of , 2015. City of Meridian «i ,sir co May. Attest: c„y C ;ID/A At0 By: ^ SEgj, Ck p'l'4e TRE.1fiOt r By Council r�.: JJ o/J Meridian Rural Fire Protection District By: 67,174-41.-4-07114.-i-e-fla---- Chairman Attest: •' . a.� - Secreta By Resolution No.: MEMORANDUM OF UNDERSTANDING AND AGREEMENT,Page-3-