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HomeMy WebLinkAboutMeridian Rural Fire Protection District for Firefighting and Life Preservation Service Contract and Joint Exercise of Power AgreementMEMORANDUM 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", dated September 22, 1998, (the "Agreement") exists between the City of Meridian (the "City") and the Meridian Rural Fire Protection District (the "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, the Contract Service Fee is determined, pursuant to the Agreement, as a percentage of the "Gross Market Valuation Percentage", the "Population Percentage", and the "Market Valuation", all of which are delineated in section 8 of the Agreement; and WHEREAS, pursuant to the Agreement, the method used to determine the Contract Service Fee is the method used to determine the funding of the Capital Outlay Expenditure budget as between the City and the District; and WHEREAS, the Agreement permits the parties to amend or modify, by written amendment to the Agreement, the method used to determine the Contract Service Fee and the Capital Outlay Expenditure budget; and WHEREAS, the City and the District previously entered into a certain Memorandum of Understanding and Agreement (the "Prior Memorandum"), dated July 7, 2015, a copy of which is attached hereto as Exhibit A, pursuant to which the City and the District amended and modified the method used to determine the Contract Service Fee and the Capital Outlay Expenditure budget, between the City and the District, for the 2015/2016 fiscal year, as the term "fiscal year" is defined by the Agreement, by agreeing to a particular percentage allocation of such costs and expenses as between the City and the District; and WHEREAS, the City and the District desire: (a) to confirm the expiration, end and termination of the Prior Memorandum; and (b) pursuant to this Memorandum of Understanding and Agreement to amend and modify the method used to determine the Contract Service Fee and the Capital Outlay Expenditure budget, between the City and the District, by setting the percentage allocation for purposes of the Contract Service Fee and the Capital Outlay Expenditure budget between the City and the District for the 2017/2018 fiscal year; and WHEREAS, on or about July 10, 2017, the District formally proposed to the City, and the City accepted the proposal from the District, "t]o pay for employee wages and benefits, as well as start-up operational costs, for up to 12 firefighters at a cost not to exceed $1,500,000, to begin on August 21, 2017 and end on September 30, 2018." to facilitate the construction, opening and operation of a new fire station (the "Fire Station No. 6 Operational Costs"); and MEMORANDUM OF UNDERSTANDING AND AGREEMENT FOR 2017/2018 FISCAL YEAR - Page -1- WHEREAS, the City and the District desire pursuant to this Memorandum of Understanding and Agreement to augment the Contract Service Fee under the Agreement to include the District's agreement and commitment to pay the Fire Station No.6 Operational Costs; and WHEREAS, the City and the District desire to enter into this Memorandum of Understanding and Agreement and effectuate its purposes and agreements because the City and the District, jointly and severally, through their respective Council and Board, find and conclude the citizens of the City and the District, respectively, will benefit, directly and indirectly, from its purposes and agreements as set forth herein above. 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 as follows. 1. The Prior Memorandum is expired, terminated and ended, and of no further force or effect as of the end of the 2016/2017 fiscal year, as the term "fiscal year" is defined by the Agreement. 2. Notwithstanding the calculated percentage of the "Gross Market Valuation Percentage", the "Population Percentage", and the "Market Valuation", as provided in section 8 of the Agreement, for purposes of the Contract Service Fee and the Capital Outlay Expenditure budget, the allocation between the City and the District for the 2017/2018 fiscal year shall be EIGHTY NINE PERCENT (89%) attributable to the City and ELEVEN PERCENT (11 %) attributable to the District; provided, however, the District's said ELEVEN PERCENT (l I %) shall not include payment contribution for, and the District shall have no payment contribution obligation to: (a) the costs or expenses for the HeartSafe Meridian Police automated external defibrillators ("AED") of the Operations Budget, or (b) the acquisition or replacement of fire engine MFOI 8 of the Capital Outlay Expense Budget. The foregoing shall be and is effective for and as of the 2017/2018 fiscal year, and the parties shall return to the method provided in section 8 of the Agreement for determining the percentage allocation for the Contract Service Fee and the Capital Outlay Expenditure budget for subsequent fiscal years. 3. The District shall pay the Fire Station No. 6 Operational Costs actually incurred and paid by the City. 4. The City shall include in its monthly invoice to the District for the Contract Service Fee a line item for the Fire Station No. 6 Operational Costs actually incurred and paid by the City. 5. All other terms, provisions, covenants and agreements set forth in the Agreement shall remain and be the same. IN WITNESS WHEREOF, the parties have herein executed this Memorandum of Understanding and Agreement. MEMORANDUM OF UNDERSTANDING AND AGREEMENT FOR 2017/2018 FISCAL YEAR - Page -2- DATED AND SIGNED this ?�� day of August, 2017. Attest: ane rReASUR�JP By: ty Cle► By Council Resolution No. Attest: By: Secretary By Resolution No. ® I? a City of Meridian By: / G coulvelit f fa; i- t lv4 Meridian Rural Fire Protection . ict Chairman 11 MEMORANDUM OF UNDERSTANDING AND AGREEMENT FOR 2017/2018 FISCAL YEAR - Page -3- Exhibit A MEMORANDUM OF UNDERSTANDING AND AGREEMENT FOR 2017/2018 FISCAL YEAR - Exhibit A 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", dated September 22, 1998, (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, the Contract Service Fee is determined, pursuant to the Agreement, as a percentage of the "Gross Market Valuation Percentage", the "Population Percentage", and the "Market Valuation", all of which are delineated in section g of the Agreement; and WHEREAS, pursuant to the Agreement, the method used to determine the Contract Service Fee is the method used to determine the funding of the Capital Outlay Expenditure budget as between the City and the District; and WHEREAS, the Agreement permits the parties to amend or modify, by written amendment to the Agreement, the method used to determine the Contract Service Fee and the Capital Outlay Expenditure budget; and WHEREAS, the City and the District previously entered into a certain Memorandum of Understanding and Agreement (the "Prior Memorandum"), dated December S, 2006, a copy of which is attached hereto as Exhibit A, pursuant to which the City and the District amended and modified the method used to determine the Contract Service Fee and the Capital Outlay Expenditure budget, between the City and the District, for the 2006/2007 fiscal year and subsequent fiscal years, as the term "fiscal year" is defined by the Agreement, by agreeing to a particular percentage allocation of such costs and expenses as between the City and the District; and WHEREAS, the City and the District desire: (a) to end and terminate the Prior Memorandum; and (b) pursuant to this Memorandum of Understanding and Agreement to amend and modify the method used to determine the Contract Service Fee and the Capital Outlay Expenditure budget, between the City and the District, by setting the percentage allocation for purposes of the Contract Service Fee and the Capital Outlay Expenditure budget between the City and the District for the 2015/2016 fiscal year; and WHEREAS, the City and the District desire to enter into this Memorandum of Understanding and Agreement and effectuate its purposes and agreements because the City and the District, jointly and severally, through their respective Council and Board, find and conclude the citizens of the City and the District, respectively, will benefit, directly and indirectly, from its purposes and agreements as set forth herein above. MEMORANDUM OF UNDERSTANDING AND AGREEMENT FOR 2015/20I6 FISCAL YEAR, Page -I- 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 as follows. I , The Prior Memorandum is hereby terminated, and is of no further force or effect as of the end of the 2014/2015 fiscal year, as the term `fiscal year" is defined by the Agreement. 2. Notwithstanding the calculated percentage of the "Gross Market Valuation Percentage", the "Population Percentage", and the "Market Valuation", as provided in section 8 of the Agreement, for purposes of the Contract Service Fee and the Capital Outlay Expenditure budget, the allocation between the City and the District for the 20I5/2016 fiscal year shall be EIGHTY FIVE PERCENT (85%) attributable to the City and FIFTEEN PERCENT (15%) attributable to the District; provided, however, the District's said FIFTEEN PERCENT (15%) shall not include payment contribution for, and the District shall have no payment contribution obligation to: (a) the acquisition or replacement of fire engines of the Capital Outlay Expense Budget, or (b) the costs or expenses for the automated external defibrillators ("AED") under the City's program.. 3. This Memorandum of Understanding and Agreement shall be effective for and as of the 2015/2016 fiscal year, and the parties shall return to the method provided in section 8 of the Agreement for determining the percentage allocation for the Contract Service Fee and the Capital Outlay Expenditure budget for subsequent fiscal years. 4. All other terms, provisions, covenants and agreements set forth in the Agreement shall remain and be the same. IN WITNESS WHEREOF, the parties have herein executed this Memorandum of Understanding and Agreement. DATED AND SIGNED this day of J 2015. City of Meridian �Qp�,�'Skb w Urt� T s Otyo, J By: SIE IDIAN�-- tbarea Attest: SEAL By: •�1Fe T I I AS`s —My Clerk By Council Resolution No.: MEMORANDUM OF UNDERSTANDING AND AGREEMENT FOR 2015/2016 FISCAL YEAR, Page -2- Meridian Rural Fire Protection District By: Chairman Attest: creta By Resolution No.:. .. Z5'- o0'3 MEMORANDUM OF UNDERSTANDING AND AGREEMENT FOR 2015/2016 FISCAL YEAR, Page -3- MEMORANDUM OF UNDERSTANDING AND AGREEMENT FOR 201512016 FISCAL YEAR, Exhibit A tiIEIUDIAN RURAI. FIRE PROTECTION DISTRICT RE -SOLUTION NO.: 09-001 A Resolution of the Board of Commissioners oFthe Meridian Rural Fire Protection District. setting Portly certain discovered inadvertences. findings and purposes; authorizing the Chairman and Secretary to sign and ether into, on behalf of said district. that certain correct memoranduiil of understanding and agreement entitled "Memorandum of Understanding and Agreement" to supersede and supplant that certain memorandum of understanding and abreement entitled "�tilcmorandunn of Undemanding and Anreement" inadvertently' executed under MERIDIAN RURAL FIRE. PROTECTION DISTRICT R'ESOLUTIO`i \O.: 06-003 (the `-Resolution"). W]IEREAS, in accordance tivitb the: Resolution, the Meridian Rural Fire Protection District joined with the City of Meridian, Idaho and executed a certain memorandum of understanding and agreement entitled "Nlemoranduin of Understanding and Agreement-, a copy of which is attached Hereto as Exhibit l; and WHEREAS, both the City of Meridian and the Nferidian Rural Fire Protection District acknowledge and agree tltc eseculed 111ernorandum of understanding and agreement attached hereto as Exhibit I is not the correct memorandum of understanding and agreement by and between then; and WIiEREAS. both the City ofNleridian and the Meridian Rural fire Protection District further acknowledge and agree the correct mcniorandum ofunderstanding and agreement, also entitled "Memorandum of Understanding tend Agreement" and attached hereto as Exhibit 2, is the correct memorandum ofunderstanding and agrcemem by and betm,een them; and WHEREAS, it is in the best interest of the Meridian Rural fire Protection District to join with the City of Meridian to correct the inadvertence of executing the incorrect memorandum of understanding and agreement attached hereto as Exhibit I by executing the correct memorandum ofiinderstanding and agreement attached hereto as Exhibit 2; NOW, THEREFORE, be it resolved and the Hoard ofComnissioners oftlic Meridian Rural Fire Protection District hereby resolves as follows: 1. To correct the inadvertence of executing the incorrect memorandum of understanding and agreement attached hereto as Exhibit 1, the Chairman and Secretary are hereby authorized to ,join with the City of Meridian, and to execute and enter into that certain memorandum of understanding and agreement attached hereto as Exhibit 2, with the City of Meridian, and to bind the Meridian Rural Fire Protection District to its terms, representations and conditions, effective numpro tune December 11, 2006; and 2. The memorandum of understanding and agreement attached hereto as Exhibit 2 shall supersede and supplant the inadvertently incorrectly executed memorandum of understanding and agreement attached hereto as Exhibit I, and Mt'RIDIAN RURAL FIRE PI:OTECTION DISTRICT RESOLUTION NO.: OR -opt Page - i - the memorandum of t.nclerstandin_ and agreement attached hereto as Exhibit 1 shall be of no force or effect. PA:;SED BY THE BOARD OF CONEMISSJOIE:RS OF TI -TE MERIDIAN RUR -AL FIRE PROTECTIO-N DISTRICT the l`.� `tlav of January. 2009. Meridian Rural l=ire Protection District By: e64--�, Chairman � Yr Attested:;r Secretary MERIDIAN RURAL FIRE PROTECTION DISTRICT RESOI 1"1IONNO.: 09-001 Page -2- EXHIBIT I MERIDIAN RURAL FIRE PROTECTION DISTRICT R€.SOLUTION' NO.: 09.001 EXHIBIT I VIEi 10RANDUM OF UNDERSTANDING AND AGREEMENT WHEREAS. a certain agreement entitled the "CITY OF NIERIDIANT 1 NIERIDIAN RURAL FIRE PROTECTION DISTRICT FIREFIGHTING+ AND LIFE PRESERVATION SERVICE CONTRACT AN`D JOTNT EXERCISE OF POWER AGREEIMEIiT" (the "Agreement") exists boween 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 ii Fe presen°ation 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, the Contract Scii-ice Fee is determined, pursuant to the Agreement, ,is a percentage of the "Gross Market Valuation Percotttage", the "Population. Percentage", and the "Market Valuation", all of which are delineated in section 8 of the Agreement: and WHEREAS, pursuant to the .agreement, the method used to detennine (lie Contract Service Fee is the method used to determine the funding of the Capital Outlay Expenditure budget as between the City and the District; Ind WHEREAS, the Agreement pct Ats the parties to amend or modify, by written amendment to the Agreement, the method used to determine the Contract Service Fee and the Capital Outlay Expenditure budget; and WHEREAS, the City and the District desire to amend and modify the method used to deterniine the Contract Service Fec and the Capital Outlay Expenditure budget, between the City and the District, for the: 200612007 fiscal year, as the teras "fiscal year" is defined by the Agreement (the "200612007 Fiscal Year")by agreeing to a particular percentage allocation of such costs and expenses as between the City and District; and WHEREAS, the City and the District desire to mike such amendment and modification because: the City and the District, jointly and severally, through their respective Council and Hoard, find and conclude the citizens of the City and the District, respectively, will benefit, directly and indirectly, from setting, by agreement, the pat-iicular percentage allocation of the costs and expenses to provide the; Eire and Life Protection Services its trite City acid the District, including capital expenditures, for the 200612007 Fiscal Year; and WHEREAS, the purpose of this Memorandum of Understanding and Agreement is for the City and the District to acknowledge and memorialize their rigreentent to amend and modify the method used to deternihic the Contract Service Fee and the Capital MEiNIORANDUNI OF UNDERSTANMING & AGREEMENT Page 1 a f 3 CITY OF MERIDLkN & MERIDIAN RURAL FIRE PROTECTION DISTRICT Outlay Expenditure budget, be"veen the City and the District, for the 2006,22 007 Discal Year by setting the particular percentage allocation of the costs and expenses to provide the Fire and Life Protection Services in the City and the District, including capital expenditures, for the 2006,2007 Fiscal Year)- NOW, ear; NOW, THEREFORE, for good and valuable consideration, the receipt of which is hereby acknowledged by the partics hereto, the City and the District hereby acknon-ledge and memorialize their agreement for the arneridnictit and modification of tate method used to determine the Contract Service Fee and the Capital Outlay Expenditure budget for tite 2006/2007 Fiscal Year as follows-, 1. Notwithstanding the calculated percentage of tIte "Gross Market Valuation Percentage", the "Population Percentage", and the "lvlarket Valuation", as provided ill section S of the Agreement, for the 2006/2007 Fiscal Year, the applicable and effective perecntage allocation, for purposes of the Contract Service Fee and the Capital Outlay Expenditure hudget, bettveeit the City and the District for (lie 2006/2007 Fiscal Year, shall be EIGHTY PERCENT (80%) attributable to the City and TWENTY PERCENT (20%) attributable to the District. 2. Said percentage allocation of EIGHTY PERCENT (80%) to the City and TWENTY PERCENT (20%) to the District for purposes of the Contract Service Fee and the Capital Outlay Expenditure budget shall be effectively only for the 2006/2007 Fiscal Year. The incthod for dcLe,7tiining the percentage allocation for the Contract Service Fee and the Capital Outlay Expenditure budget for successive fiscal years shall be as provided in the Agreement, unless the City and District hereafter aby•ce to further amend and Modify the Agreement as to such method for cletennining said percentage allocation. 3. All other terms, provisions, covenants and agreements set fortis in the Agreement shall remain and be the same. Ni WITNESS WHEREOF, the parties have herein executed this addendut3t. DATED & SIGNED this day of 4�01 4-L, , 2006. City of Meridian f_ 13,: -�,,P"wys Approved by the City Council 7 :,f u - Attest, By: City JerkY ice`, {�ie MEMORANDUM OF UNDERSTANDING & AGRE-a.' N47N',-" , i �,•�'' Page 2 of 3 C1'1'Y OF MMUDIAN & MERIDLAN RURAL FLRE�PR C7TPC NON DISTRICT Meridian Rural Fire Protection District B v: _ Chailman 1 Attest: .Secrc tarn I3y Resolution Ivo. 64 -603 MEMORANDUM Or UNDERSTANIDINO & AGREEMENT Page 3 of 3 CITY OF MERIDIAN &: ,MERIDIAN RURAL FM-- PROTECTION DISTRICT MERIDIAN RURAL FIIZL PROTECTION DISI'Iticr RFSOLUI'ION NO.: 09-001 EXIA113IT 2 I NIOR:INDUM OF I:NDERSTANDIIG AND ACiREE TENT WHEREAS, a certain agreement entitled the "CITY OF MERIDIAN i MERIDIAN RURAL FIRE PROTECTION DISTRICT FIREFIGHUNG 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. it, tite state of Idaho, is authorized to and does provide (the `'Fire and Life Protection Services"); and WHEREAS, the Contract Service Fee is determined, pursuant to the Agreement, as a percentage of the "Gross Market Valuation Percentage", the "Population Percentage", and the ",Market Valuation", all of which are delineated in section 8 of the Agreement; and WHEREAS, pursuant to the Agreement, the method used to determine the Contract Service Fee is the method used to determine the funding of the Capital Outlay Expenditure budget as between the City and the District; and WHEREAS, the Agreement permits the parties to amend or modify, by ~Written amendment to the Agreement, the method used to determine the Contract Service Fee and the Capital Outlay Expenditure budget; and WHEREAS, the City and the District desire to amend and modify the method used to determine the Contract Service Fee and the Capital Outlay Expenditure budget, between the City and the District, for the 2006/2007 fiscal year and subsequent fiscal years, as the term "fiscal year" is defined by the Agreement, by agreeing to a particular percentage allocation of such costs and expenses as between the City and District; and WHEREAS, the City and the District desire to make such amendment and modification because the City and [lie District, jointly and severally, through their respective Council and Board, find and conclude; the citizens of the City and the District, respectively, %viU benefit, directly and indirectly, from setting, by agreement, the particular percentage allocation of the costs and expenses to provide the Fire and Life Protection Services in the City and the District, including capital expenditures, for the 2006/2007 fiscal year and subsequent fiscal years; and WHEREAS, the purpose of this Memorandum of Understanding and Agreement is for the City and the District to acknowledge and memorialize their agreement to amend and modify the method used to detennine the Contract Service Fee and the Capital Outlay Expenditure budget, between the City and the District, for the 2006/2007 fiscal year and subsequent fiscal years by setting the particular percentage allocation of the MEMORANDUM OF UNIDERSTANDI\G AND AGREEMENT, Page -I- cots and expenscs to prof ide thL Fire and Life Protection Sertiices in the City and the District, including capital eNpenditttrC5. Cor the 200612007t' fiscal year and subsequent fiscal rears; NO -W. THEREFORE, for good and valuable cansideration. the receipt of xhich is hcreby acknowledged by the parties her -Ito. the Cite and the District hereby- acknowletlae and ntemoriah-,e their a reemem for the amendment and rnoditication of the metltocl used to determine ti -,e Contract Service Fee and the Capital Outlay Expenditure budget for the 200612007 fiscal year and subsequent fiscal rears as follows, I. Nomitllstandin<, the calculaced percentage of the °'Gross Nfarket Valuation Percentage', the "Populati011 Percentage''. and ate ``Market Valuation', as provided in section Sof the AUreement. for the 2006!21007 fiscal year, and subsequent fiscal years, the applicabi: and effective percentage allocation, for purposei of the Contract Service Fee and the Capital Outlay 2xpenditure budget, between the City and the District for the 20061-007 fiscal year and subsequent fiscal years shall be EIGHTY PERCENT (80%) attributable to the City and TWENTY PERCENT (20%) attributable to the District. 2. Sjid pc:rcemage allocation of EIGHTY PERCENT (50%) to the City and TWENTY FERC E'N''T (20%) to the District for purposes of the Contract Service Fee and the Capital (7utlaV Expendittu•c budget shall be effective for and as of the 2006;2007 fiscal veal•. and shall continue Eur SUCCCSSive fiscal years, until such tinge as either the Citi• or the District determine to return to the method provided in section S of the Agreement for determining the percentage allocation for the Contract Service Fee and the Capital Otitav Expenditure budget for fiscal years. 3. All other terms, pro -visions, covenants and agreements set forth in the Agreentetit shall remain and be the same. fN WITNESS WHER17101r, file parties have herein executed this addendum. DATED AND SIGNED this.-.—,- day of _._. - 52006. City of,lvIeridian By: w Mayor Attest, By. City Clerk. By Council Resolution No.: ME"•MOI),ANDUM OF UNDEi?STANDINO AND AG1 I'll"E ENT, Pa -c -2- Mcridiaii lZur31 Fire Protection District 13V: Attest: By: Secretary By Resolution No - Chairman MEMORANDUM OF UNDERSTANDING AND AGltlMMENT, Page -3- CITY OF NIERIDIAN/?VIERIDIAN RURAL FIRE PROTECTION DISTRICT FIREFIGHTING AND LIFE PRESERVATION SERVICE CONTRACT AND JOINT EXERCISE OF POWER AGREEMENT THIS AGREEMENT is entered into this 22�—i6day of �ePfe�� deh , 1998, by and between the City of Meridian, a municipal Corporation and government subdivision of the state of Idaho organized and existing by virtue of law of the State of Idaho, whose address is 33 East Idaho Avenue, Meridian, Idaho 83642, hereinafter referred to as the "City of Meridian" and the Meridian Rural Fire Protection District, organized and existing pursuant to Chapter 14 of Title 31 of the Idaho Code, whose address is 1510 East I" Street, Meridian, Idaho 83642. TITLE OF AGREEMENT: This Agreement shall be known and referred to as the "City of Meridian/Meridian Rural Fire Protection District Firefighting and Life Preservation Service Contract and Joint Exercise of Power Agreement". 2. DEFINITIONS: For all purposes of this Agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: 2.1 "Administrator": means and refers to the Chief "Meridian" Fire Department: or the designee/Chief who shall be responsible for the operational administration of this Agreement; 2.2 "Additional Real Property": means and refers to a parcel/s of real property purchased by either or both parties to this Agreement the purpose for which is to serve as a fire station, parking lot, or firefighting living quarters, or for other "Fire and Life Protection Services" intended for use in the providence of services pursuant to this Agreement, and which does not include "Real Property" herein defined under Section 2.14 as "Real Property". 2.3 "City Firefighting Equipment": means, refers to, and includes all that firefighting equipment described in Exhibit A, attached hereto, and by this reference incorporated herein as if set forth at length. 2.4. "City Firefighting Vehicles": means, refers to, and includes all those motor vehicles described in Exhibit B, attached hereto, and by this reference CITY OF MERIDIAN/MERIDIAN RURAL FIRE PROTECTION DISTRICT FIREFIGHTING AND LIFE PRESERVATION SERVICE CONTRACT AND JOINT EXERCISE OF POWER AGREEMENT - 1 incorporated herein as if set forth at length. 2.5 "Contract Service Fee": means and refers to the amount charged by "Meridian" to the "Fire District" to provide "Fire and Life Protection Services". 2.6 "Employees": means, refers to, and includes all employees who provide firefighting and life preservation services in the performance of this contract including administrative employees but not including volunteer firefighters. 2.7 "Fire Department": means and refers to the Department, including personnel, furnishings and equipment, vehicles, "Real Property", "Additional Real Property" records, and other documents used and connected with the providence of "Fire and Life Protection Services" pursuant to this contract. 2.8 "Fire District": means and refers to the Meridian Rural Fire Protection District, organized and existing pursuant to Chapter 14 of Title 31 of the Idaho Code, whose address is 1510 East 1" Street, Meridian, Idaho 83642. 2.9 "Fire and Life Protection Services": means and refers to the protection of property both real and personal against fire and the preservation of life and shall include those services which a Fire Protection District is authorized to and does perform for residents residing within the boundaries and persons or entities that own property and otherwise for persons and property found within the boundaries of the "Fire District". 2.10 "Fiscal Year": means and refers to that certain twelve-month period of time within which budgets are calculated, expenditures are made, and tax and other revenues are collected, as established by state law for the parties, which at this time commences October 1s` and ends on September 30`h of the following calendar year. 2.11 "Jointly Owned Firefighting Equipment and Vehicles": means, refers to, and includes all firefighting equipment and vehicles described in Exhibit C, attached hereto, and by this reference incorporated herein as if set forth at length. 2.12 "Major Equipment"_ means and refers to tangible personal property, other than vehicles, which purchase price exceeds TWO THOUSAND FIVE HUNDRED AND NO/100 DOLLARS ($2,500.00). CITY OF MERIDIAN/MERIDIAN RURAL FIRE PROTECTION DISTRICT FIREFIGHTING AND LIFE PRESERVATION SERVICE CONTRACT AND JOINT EXERCISE OF POWER AGREEMENT - 2 2.13 "Meridian": means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Idaho Avenue, Meridian, Idaho 83642. 2.14 "Real Property": means that certain parcels of real property located in the County of Ada, City of "Meridian" as is described in Exhibit D, attached hereto and by this reference incorporated herein as if set forth at length together with the improvements thereon including a fire station, a parking lot, and firefighter living quarters. 2.15 "Rural Firefighting Equipment": means, refers to, and includes all that firefighting equipment described in Exhibit E, attached hereto, and by this reference incorporated herein as if set forth at length. 2.16 "Rural Firefighting Vehicles": means, refers to, and includes all those motor vehicles described in Exhibit F, attached hereto, and by this reference incorporated herein as if set forth at length. 2.17 "Volunteer Firefighters": means and refers to any and all persons who provide firefighting services who are not full-time paid firefighters and who are duly enrolled and subject to the provisions of the volunteer firefighter regulations. 2.18 "1997/98 Fire Department Budget": means and refers to that certain budget for the 1997/1998 "fiscal year" for the providence of "Fire and Life Protection Services" to "Meridian" and to the "Fire District" described in Exhibit G, attached hereto, and by this reference incorporated herein as if set forth at length. 3. RECITALS: 3.1 Powers and Intentions of Parties 3.1.1 WHEREAS, the "Fire District" was formed and exists for the purpose of the protection of property against fire and for the preservation of life under the "Fire Protection District Law" and the boundaries of the district are within the County of Ada, State of Idaho and which boundaries surround "Meridian"; and 3.1.2 WHEREAS, "Meridian" has the authority, in order to prevent and extinguish fires, to erect engine houses and purchase or lease fire engines CITY OF MERIDIAN/MERIDIAN RURAL FIRE PROTECTION DISTRICT FIREFIGHTING AND LIFE PRESERVATION SERVICE CONTRACT AND JOINT EXERCISE OF POWER AGREEMENT - 3 and all other apparatus and to maintain a fire department; and 3.1.3 WHEREAS, "Fire Protection District Law" at I.C. § 31-1430 provides that firefighting forces and apparatus of the "Fire District", can be housed in "Meridian" outside the "Fire District" upon written agreement with the city council of "Meridian", and " iVleridian" is authorized and empowered to make and enter into written contracts with the "Fire District" which adjoins it and may respond to calls outside of "Meridian's" boundaries but within the boundaries of the "Fire District" and I.C. § 31-1430A empowers the "Fire District" to enter into a written agreement with "Meridian" for mutual protection, joint use, ownership, and/or operation of land, equipment, or facilities, or for the protection of either at either a fixed monetary consideration or a monetary consideration based on the reasonable value of services actually rendered under the Agreement; and 3.1.4 WHEREAS, "Meridian" and the "Fire District" have engaged in a joint operation of the "Fire Department" for a period of many years, and as result thereof have accumulated various assets including "Real Property", and "Jointly Owned Firefighting Equipment"; and 3.1.5 WHEREAS, "Meridian" has purchased and owns various firefighting and life saving equipment which includes "City Firefighting Vehicles" and "City Firefighting Equipment", which they seek herein to establish by written agreement their relative ownership interests therein; and 3.1.6 WHEREAS, "Fire District" has purchased and owns various firefighting and life saving equipment which includes "Rural Firefighting Vehicles" and "Rural Firefighting Equipment"; and 3.1.7 WHEREAS, "Fire District" and "Meridian" prior to the IS` of October 1998 being the effective date of this Agreement have jointly employed the "Employees" and have jointly overseen the "Fire Department" operations, which has included negotiations with the union that represents the firefighter "Employees", and the "Volunteer Firefighters"; and employment and negotiation responsibility thereof shall commencing October 1, 1998 be the sole responsibility of "Meridian"; and_ 3.1.8 WHEREAS, "Fire District" and "Meridian" have operated upon a formula where they have shared the expenses of the firefighting operations on an equal basis, which shall continue through the "1997/98 Fire Department CITY OF MERIDIAN/MERIDIAN RURAL FIRE PROTECTION DISTRICT FIREFIGHTING AND LIFE PRESERVATION SERVICE CONTRACT AND JOINT EXERCISE OF POWER AGREEMENT - 4 Budget". 3.1.9 WHEREAS, in the past, the populations of "Meridian" and the "Fire District" were in close proximity, but due to the growth of "Meridian" which has included considerable construction within "Meridian" and annexations of property into "Meridian", the result of which is that there is now less area within the "Fire District" and the "Fire District's" population is currently estimated at 9,862 vis a vie "Meridian's" population is currently estimated at 24,415 and it is anticipated that the "Meridian" population and area will continue to increase versus the "Fire District" for the reasonably foreseeable future; and 3.1.10 WHEREAS, it has been the operational method of the parties through the 1997/98 Fire Department Budget" that each has agreed to appropriate funds to cover the costs of fire station, living quarters maintenance, and equipment maintenance and purchases, and "Employee" and "Volunteer Firefighter" wages, benefits, and expenses which has occurred in the fiscal year 1997/98. A true and correct copy of the "1997/98 Fire Department Budget" is attached marked Exhibit G in which is reflected the parties' responsibility under the column headings "City" for "Meridian" and "Rural" for the "Fire District" for the various budget expenditures and line items in the amounts set forth in the column heading "1997-1998"; and 3.1.11 WHEREAS, it is the intention of the parties to affirm the "1997/98 Fire Department Budget" obligations and to provide for a method by which future "Fire Department" operations are conducted, which method shall include "Fire Department" budgeting and management in a manner proportionate and commensurate with the need for "Fire and Life Protection Services" within the boundaries of the parties; and to that end, it is agreed that it is in the best interests of the parties that "Meridian" conduct the operations of the "Fire Department", that a formula and process be developed for budgeting expenses of the "Fire Department" operations, establish a billing to "Fire District" by "Meridian" for contract "Fire and Life Protection Services", and provide for an agreement on property ownership, management, and use by written contract. 3.1.12 WHEREAS, the parties wish to exercise the power if need be of the said parties to transfer real and personal property under Idaho Law and other laws regarding the same, and to jointly exercise their authority and powers, if necessary, to effectuate the purposes of this Agreement in CITY OF MERIDIAN/MERIDIAN RURAL FIRE PROTECTION DISTRICT FIREFIGHTING AND LIFE PRESERVATION SERVICE CONTRACT AND JOINT EXERCISE OF POWER AGREEMENT - 5 accordance with the authority of Idaho Law (I.C. §67-2326-2328); 3.1.13 WHEREAS, the parties have entered into negotiations regarding the advisability of entering into this Agreement for the purpose of establishing reasonable terms, conditions, and consideration of this Agreement for the protection of either at a fixed monetary consideration, and to provide for the automatic renewal of the Agreement for the protection of either at a fixed monetary consideration or a monetary consideration based on the reasonable value of services actually rendered under the Agreement; and 3.1.14 WHEREAS, each party has determined that it is in their best interests to enter into this Agreement. NOW THEREFORE, in consideration of the foregoing recitals, considerations and purposes, the parties covenant and agree as follows: 4. DURATION: 4.1 Term: This Agreement shall commence on the lst day of October, 1998, and end at midnight on the 30`h day of September, 1999. 4.2 Renewal Term: This Agreement shall be automatically renewed for additional one-year renewal terms which shall coincide with the current "Fiscal Year", unless either party gives notice of non -renewal or termination. 5. NO SEPARATE LEGAL ENTITY CREATED: There shall be no separate legal or administrative entity created by this Agreement. 6. PURPOSE: The purpose of this Agreement is to: 6.1 Settle and establish the parties' existing ownership interest in "Real Property" firefighting equipment, and firefighting vehicles; 6.2 Provide for the use, operation, and ownership of all "Real Property", "Additional Real Property", "Firefighting Equipment", and "Firefighting Vehicles" and CITY OF MERIDIAN/MERIDIAN RURAL FIRE PROTECTION DISTRICT FIREFIGHTING AND LIFE PRESERVATION SERVICE CONTRACT AND JOINT EXERCISE OF POWER AGREEMENT - 6 establish the employment of the "Employees" and management of the "Volunteer Firefighters"; 6.3 Provide for a method by which a fire department Budget is adopted and an amount established as a "Contract Service Fee"; 6.4 Provide for an affirmation of the "Fire District" of its obligations for the "1997/98 Fire Department Budget"; 6.5 Provide for a method for termination of this Agreement, and the division of assets; and 6.6 Provide for notice of default of the Agreement and for remedies. 7. Financing and Budget: The process for the development of the "1998 Fire Department Budget" commencing for 1998/1999 "Fiscal Year" and each year thereafter during the effective term(s) of this Agreement shall be as follows: 7.1 Annually, the "Administrator" shall cause to be developed for the following fiscal year: 7.1.1 Through and in accordance with the input, comment and directives of both "Meridian" and the "Fire District" an outline of directions, objectives and goals of the "Fire Department" for the following fiscal year, and for a reasonable period thereafter in order to provide for overall direction in fiscal and budget planning and for the providence of "Fire and Life Protection Services". 7.1.2 Operations Budget for the "Fire Department" operations, which shall include, as appropriate, the following line items: Fire Fighter Wages, Uniform Allowance, Retirement; Withholdings and other wage benefits, "employee" insurance coverages; Supplies and maintenance for buildings and equipment; "Volunteer Firefighter" expenses; "Fire Department" Administration and overhead offset expense; General liability insurance expenses; Travel and meeting expense; and CITY OF MERIDIAN/MERIDIAN RURAL FIRE PROTECTION DISTRICT FIREFIGHTING AND LIFE PRESERVATION SERVICE CONTRACT AND JOINT EXERCISE OF POWER AGREEMENT - 7 Any other expenses that relate to the day to day operation of the "Fire Department"; and an estimate of the anticipated use of "Major Equipment" and vehicles in the providence of services is to be taken into account considering the ownership and the formula for the establishment of the service fee. If there is inequity to one party or the other there shall be an adjustment in the calculation of the service fee to account for the inequity. 7.1.3 A Capital Outlay Expense Budget for as needed facilities, "Major Equipment", and/or vehicles, which may include and consist of any or all of the following line items: "Real Property" acquisition and improvements expense; "Major Equipment" and or vehicle expense. 7.2 The Operations Budget and Capital Outlay Expense Budget shall be delivered to the Commissioners of the "Fire District" not less than 90 days prior to the date the "Fire District" Budget must be certified to the Ada County Clerk for tax collection, which delivery of budgets shall be accompanied by a meeting of the "Administrator" with the "Fire District" Commissioners to explain the need and reasons for the budgetary requests. 7.3 The "Fire District" Commissioners shall have 30 days within which to comment upon the proposed budget and to provide those comments in writing to "Meridian". 7.4 In the event of a dispute as to the reasonableness of the proposed budget, "Meridian" City Council and the Commissioners of the "Fire District" shall have at least one meeting together with the "Administrator", the purpose of which is to reach a compromise on the budget requests. Agreement should be reached no later than 30 days prior to the date the parties' budget requests must be certified to the Ada County Clerk's office. 7.5 All disputes regarding requested budgetary amounts shall be determined upon the principle and it is herein agreed to be the commitment of the parties that the "Fire Department's" ability to provide "Fire and Life Protection Services" to both parties shall be in a manner that is at least equal to the most recent historic level of the provision of those services to the parties, and at a level at least equal to the average of the providence of "Fire and Life Protection Services" by the professional Fire Departments of the cities (excepting the City of Boise) and Rural Fire Protection Districts in Ada and Canyon Counties. CITY OF MERIDIAN/MERIDIAN RURAL FIRE PROTECTION DISTRICT FIREFIGHTING AND LIFE PRESERVATION SERVICE CONTRACT AND JOINT EXERCISE OF POWER AGREEMENT - 7.6 In the event an agreement regarding the Operations Budget is not timely reached, either party may elect to give notice of termination of this Agreement. 7.7 The "Fire Department" Operations and Capital Outlay Expense Budgets shall be funded with tax collections and other revenues available to the parties to this Agreement which is legally eligible for such expenditure and shall be approved annually by the parties on a timely basis, and which budgets shall be funded by direct appropriation by "Meridian" and by the payment of the "Contract Service Fee" by the "Fire District" in accordance with the provisions of this Agreement subject to the "Fire District" including only the amount of its obligation to pay "Contract Service Fee" and each party will only include in their budgets the amount that party will expend for Capital Outlay Expenditures. 8. "Contract Service Fee": 8.1 "Contract Service Fee": Commencing in the 1998/1999 "Fiscal Year" and each year thereafter during the effective term/s of this Agreement, "Meridian" shall charge the "Fire District" a "Contract Service Fee". 8.2 Method of Calculation of "Contract Service Fee": The "Contract Service Fee" to be charged the "Fire District" shall be determined as a percentage of the "Fire Department" operations budget equal to the average percentage of the following: 8.2.1 Gross Market Valuation Percentage: The then current gross market valuation of all property, subject to ad valorem tax (gross market valuation) in the "Fire District", divided by the total of the gross market valuation both of the "Fire District" and "Meridian", as appears on the property valuation tax rolls in the Ada County Assessor's office; and 8.2.2 Population Percentage: the then current population of the "Fire District" divided by the total population of both "Meridian" and the "Fire District". 8.2.3 Market Valuation: The market valuation figures shall be obtained from the Ada County Assessor's office each year and the population figures shall be based upon the most recent census figures adjusted by either the Ada Planning Association's demographic report or an annual demographer's report. The demographer's estimates shall take into consideration building permits issued, utility connections, and such other CITY OF MERIDIAN/MERIDIAN RURAL FIRE PROTECTION DISTRICT FIREFIGHTING AND LIFE PRESERVATION SERVICE CONTRACT AND JOINT EXERCISE OF POWER AGREEMENT - 9 reliable factors as are considered reasonable in making population estimates in Ada County. The cost of a demographer's report shall be an expense as part of the "Fire Department" operations budget as "other expense". 8.2.4 The parties agree that the method provided herein for the determination of the "Contract Service Fee" will be the method by which payment will be made for any item determined needed and included in the Capital Outlay Expenditure budget unless a separate agreement is made in writing regarding any particular item. 8.2.5 This formula for determination of "Contract Service Fee" may be revised in writing as an amendment to this Agreement. 8.3 Payment of "Contract Service Fee": The "Fire District" shall be invoiced by "Meridian" on a monthly basis for the "Contract Service Fee" actually incurred and for capital outlay expenditures due and payable, which invoice shall specify the amounts billed for and the amounts budgeted and actually expended within the "Fiscal Year", including the line items of the "Fire Department" Operations and Capital Outlay Expenditure Budgets. The "Fire District" shall remit within 30 days all amounts justly charged as "Contract Service Fee" and those amounts for which the "Fire District" is responsible as Capital Outlay Expenditure Budget. 8.4 For Capital Outlay Expenditure budgeted amounts not expended in one "fiscal year" "Meridianand "Fire District" shall cause the Capital Outlay Expenditure budgeted amounts to be placed in their appropriate fund designated to the Capital Outlay expense with the appropriate designations and actions to provide for the carry over of the fund balance in accordance with the provisions of I.C. § 50-1005 Agoverning "Meridian" and I.C. § 31-1424 governing the "Fire District". 9. IN THE EVENT OF A CONSOLIDATION OF THE "FIRE DISTRICT" WITH ANOTHER RURAL FIRE PROTECTION DISTRICT: 9.1 In the event the "Fire District" should consider a consolidation with any other Rural Fire Protection District, it shall give ninety (90) days written notice to the "Administrator" and to "Meridian" of such consideration and shall receive and consider comment of the advisability of such consolidation from the "Administrator" and/or "Meridian". 9.2 In the event a consolidation is effected prior to termination of this Agreement, CITY OF MERIDIAN/MERIDIAN RURAL FIRE PROTECTION DISTRICT FIREFIGHTING AND LIFE PRESERVATION SERVICE CONTRACT AND JOINT EXERCISE OF POWER AGREEMENT - 10 "Meridian's" responsibility to provide "Fire and Life Protection Services" without a written amendment to this Agreement shall not be expanded beyond the boundaries of the "Fire District" as they existed prior to consolidation, and any obligation imposed upon the "Fire District" for the payment of monies by this Agreement shall be considered a debt of the "Fire District" and included as a debt of the consolidated district as provided by I.C. § 31-1411A or any recodification of amendments thereof. 10. "Fire and Life Protection Services": 10.1 Contract Services: During the term of this Agreement "Meridian" shall provide "Fire and Life Protection Services" to residences, property and persons found within the boundaries of the "Fire District" and shall also provide such services to any person and/or entity with whom the parties to this Agreement have contracted with to provide such services either by mutual aid or by contract between other Fire Protection District and/or City Fire Department and/or individual property owners outside of the District so long as said Agreements have been approved by both, Fire District and Meridian. 10.2 Non waiver of right to collect fee for services rendered: This Agreement shall not be construed nor is it intended to waive any right that the "Fire District" may have to charge a fee for "Fire and Life Protection Services" where the same is provided for in the "Fire Protection District Law" and to the extent that such fees may be charged and the same are by this Agreement assigned to "Meridian" subject to the appropriate action of the Board of Commissioners of the "Fire District" with the provision that such fees collected shall be an offset to the "Contract Service Fee". 11. EXISTING PROPERTY OWNERSHIP: 11.1 The Parties have the following ownership interest in the following described property which present value is agreed upon where it appears in the exhibits which are referred herein this section. "Meridian" owns: "City firefighting vehicles" "City firefighting equipment" City office furniture and equipment CITY OF MERIDIAN/MERIDIAN RURAL FIRE PROTECTION DISTRICT FIREFIGHTING AND LIFE PRESERVATION SERVICE CONTRACT AND JOINT EXERCISE OF POWER AGREEMENT - 11 "Fire District" owns: "Rural firefighting vehicles" "Rural firefighting equipment" Rural office furniture and equipment Jointly owned Personal Property: "Jointly owned firefighting equipment and vehicles" (percentage of ownership reflected in exhibits.) Jointly owned "Real Property": "Real Property" 12. EXISTING OBLIGATION: 12.1 The parties have made a commitment and do hereby commit to fund the authorized expenditures under the existing "1997/98 Fire Department Budget", and "Meridian" will continue to invoice the "Fire District" for amounts owed as a result of the authorized expenditures under the "1997/98 Fire Department Budget" in accordance with existing practices. 13. FIREFIGHTING "EMPLOYEES"/"VOLUNTEER FIREFIGHTERS" "MERIDIAN" "EMPLOYEES": 13.1 "Meridian" shall, commencing on October 1, 1998, assume all responsibility for the employment of and the contract obligations for the "Employees" and for "Volunteer Firefighters". 14. MAINTENANCE OF "FIREFIGHTING EQUIPMENT/VEHICLES" AND "REAL PROPERTY": 14.1 "Meridian" shall commencing on October 1, 1998, assume all responsibility for the maintenance of all the "Firefighting equipment/vehicles" and the "Real Property" whether owned by the "Fire District", "Meridian", or jointly and shall so maintain in a state of good repair and working order. All maintenance of equipment and or vehicles shall be performed in accordance with manufacturer's specifications as well as any applicable state or federal statutes, rules or regulations. The "District" reserves the right to request "Meridian" to meet its obligation hereunder and also reserves the right in the event it has cause to provide maintenance of "District" equipment in accordance with the default provisions of this Agreement. CITY OF MERIDIAN/MERIDIAN RURAL FIRE PROTECTION DISTRICT FIREFIGHTING AND LIFE PRESERVATION SERVICE CONTRACT AND JOINT EXERCISE OF POWER AGREEMENT - 12 15. NEW FIREFIGHTING EQUIPNIENT/VEHICLES/"ADDITIONAL REAL PROPERTY": 15.1 At such time as new firefighting equipment/vehicles and/or "Additional Real Property" or improvements upon "Real Property" or "Additional Real Property" is purchased and or replaced, the ownership of the same shall be as follows: 15.1.1 In the percentage equal to the amount of the purchase price paid by the party to the Agreement. This shall be determined by the amount set forth in the Capital Outlay Expenditure Budget with adjustments for the value of the sale of existing assets used directly for the purchase of the new firefighting equipment, vehicles, "Additional Real Property" and/or "Real Property" or "Additional Real Property" improvements. 15.1.2 The "Administrator" shall at all times keep the Commissioners of the "Fire District" informed and shall consult with them from time to time on the need and future need to purchase new firefighting equipment, vehicles, "Additional Real Property" and/or improvements upon "Real Property" or "Additional Real Property" and shall also consult and obtain when necessary the appropriate authority for the proper bidding of new purchases when the "Fire District" will have an ownership interest therein. 16. OPERATIONAL NEEDS AND EXPENSES: 16.1 "Meridian" shall be responsible for maintaining appropriate ancillary personal equipment, furnishings, insurance and otherwise to maintain department functioning at a level to provide the "Fire and Life Protection Services" required of it by this Agreement. 16.2 "Meridian" shall maintain and provide the "Fire District" as an additional insured for all operational liability, casualty loss insurance, and fidelity bonds in amounts not less than the amounts required by State law to be carried to cover the statutory liability and responsibilities of the parties to this Agreement and for casualty loss in amounts not less than the agreed value of the real and personal property which is subject to this Agreement. The parties, as part of the budgetary process, may agree upon additional insurance coverage and/or larger amounts of insurance coverage than is required by this subsection. 17. RECORDS/REPORTS: CITY OF MERIDIAN/MERIDIAN RURAL FIRE PROTECTION DISTRICT FIREFIGHTING AND LIFE PRESERVATION SERVICE CONTRACT AND JOINT EXERCISE OF POWER AGREEMENT - 13 17.1 "Meridian" shall be responsible to keep all necessary records concerning the performance of any aspect of this Agreement in accordance with good business and governmental practices for such activities and which records shall be available for inspection and of for use as required by law and the needs of the parties. 18. HEAD OF THE "FIRE DEPARTMENT" TO SERVE AS "ADMINISTRATOR": 18.1 For purposes of the administration of this Agreement the Chief of the "Fire Department" or the designee shall serve as the "Administrator" of this Agreement. 18.2 The "Administrator" shall meet with the Board of Commissioners of the "Fire District" and the City Council and Mayor of "Meridian" and provide to them as a part of their regular or special meetings, as is reasonably necessary, a report of "Fire Department" operations and all matters related to the performance of this Agreement. 19. NON -RENEWAL OR TERMINATION: Except for termination due to default either party desiring to not renew or terminate this Agreement must provide written notice to the other party no later than the 15th day of October, which shall terminate the Agreement effective the 1st day of October of the year following the date notice was given. 20. DEFAULT: 20.1 A failure of a party to perform any duty or affirmative act or pay any sum provided for in this Agreement is a default of this Agreement. 20.2 No claim can be made for default or breach of this Agreement unless notice of the breach, and demand for performance, is made to the other party. Notice of breach under this provision must specify the details of the claimed breach and demand for performance under this provision and must specify the details specific to the demanded performance and shall provide that the default be cured in 30 days of the date of the service of Notice of Default unless the default is a circumstance provided for in subsection 20.3 of this section. Every notice under this Agreement shall be deemed to have been given at the time it is deposited in the United States Mails and or verified as received by Fax transmission. CITY OF MERIDIAN/MERIDIAN RURAL FIRE PROTECTION DISTRICT FIREFIGHTING AND LIFE PRESERVATION SERVICE CONTRACT AND JOINT EXERCISE OF POWER AGREEMENT - 14 20.3 In the event the default will cause immediate and irreparable injury or damage or would result in a failure to perform a statutory duty imposed upon a party that party may obtain substitute performance after having provided reasonable notice (commensurate with the circumstances of the default) to the other party and the reasonable cost of which shall be paid by the other party. 20.4 In the event a party fails to pay an amount provided for in this Agreement the non defaulting party shall be entitled to statutory interest thereon from the date the same is due until paid. 20.5 Due to the fact that there is a long history of joint operation of the "Fire Department" by the parties specific performance shall be available to enforce the provisions of this Agreement governing the distribution of the real and personal property. 20.6 In the event a default is the proximate cause to additional damages that are anticipated as naturally resulting from the default in addition to the other remedies provided herein the parties may claim such actual damages incurred by them subject to the duty of the non defaulting party to act reasonably to mitigate those damages. 20.7 In the event a default is not remedied by the defaulting party the non- defaulting party may also elect to terminate this Agreement providing 60 days notice of such election. 20.8 All remedies provided to either party by this Agreement shall be deemed cumulative of any remedy otherwise allowed by law. 21. DISTRIBUTION OF PROPERTY AND EQUIPMENT UPON NON -RENEWAL OR TERMINATION: In the event Notice of Non -Renewal or Termination is given: 21.1 The obligations of the parties shall remain as provided for in this Agreement and no distribution of property or equipment nor any cessation of services shall occur until the effective date of termination. 21.2 On the effective date of termination, all "contract service fees" shall be paid which are due and payable. CITY OF MERIDIAN/MERIDIAN RURAL FIRE PROTECTION DISTRICT FIREFIGHTING AND LIFE PRESERVATION SERVICE CONTRACT AND JOINT EXERCISE OF POWER AGREEMENT - 15 21.3 In the event this Agreement is terminated for reason of default the "Real Property" "Additional Real Property" and/or firefighting equipment or vehicles or interest therein of the defaulting party shall be security for the performance of the defaulting party and the notice of termination shall state the amount claimed by reason of the default. 21.4 In the event this Agreement is terminated and there is any existing mutual commitment of the parties to the purchase any personal property or "Additional Real Property" the parties shall continue to be bound and agree to hold each other harmless from any and all claims for which they are obligated to pay. 21.5 Distribution rights and options concerning personal property and "Real Property" and "Additional Real Property" upon termination: 21.5.1 All "Real Property" "Additional Real Property" together with improvements thereon, "Meridian" shall have the first exclusive option to purchase the "Fire District's" interest therein at the then appraised value. Notice of the exercise of this right must be given within 30 days of the date notice of termination is served and the "Fire District" shall have the second exclusive option to purchase "Meridian's" interest therein within 30 days after the first option expires and in the event neither party exercises their option then the parties may either agree to the joint operation use and maintenance of the "Real Property" and "Additional Real Property" or agree to sell the "Real Property" and "Additional Real Property" for at least the appraised value or best offer over appraised value in accordance with the procedures for the sale of real property governing Cities and Rural Fire Districts. 21.5.2 Of all "Jointly Owned Firefighting Equipment and Vehicles" by the parties, "Meridian" shall have the first exclusive option to purchase all the "Fire District's" interest therein at the then appraised value. Notice of the exercise of this right must be given within 30 days of the date notice of termination is served and the "Fire District" shall have the second exclusive option to purchase all of "Meridian's" interest therein within 30 days after the first option expires and in the event neither party exercises their option then the parties may either agree to -joint operation use and maintenance of the Firefighting Equipment and Vehicles or portions thereof or agree to sell the same for at least the appraised value or best offer over appraised value in accordance with the procedures for the sale of personal property governing Cities and Rural Fire Districts. CITY OF MERIDIAN/MERIDIAN RURAL FIRE PROTECTION DISTRICT FIREFIGHTING AND LIFE PRESERVATION SERVICE CONTRACT AND JOINT EXERCISE OF POWER AGREEMENT - 16 21.5.3 Any property purchased pursuant to the options provided for in this section shall be valued net of any obligations still owing and the opting party shall provide in the purchase for the payment of any such obligations. 21.5.4 All property owned exclusively by a party shall be distributed to that party. 21.5.5 "Employees"/"Volunteer Firefighters" shall remain the "Employees" and be subject to the management control of "Meridian" unless otherwise specifically provided for. 22. OPTION PRICE PROCEDURE: 22.1 The procedure for the establishment of the price for the exercise of any option to purchase and the procedure to be followed for purchase as provided for in this Agreement shall be as follows: 22.1.1 "Real Property" / "Additional Real Property": by appraisal value established by a licensed appraiser whom the parties have appointed to do the appraisal. 22.1.2 Firefighting Equipment and/or Firefighting Vehicles": Three (3) disinterested residents of Ada County shall be selected by both the Commissioner of the "Fire District" and the City Council of "Meridian" to appraise the "firefighting equipment" and/or "firefighting vehicles" as the case may be. Care should be taken to include persons with knowledge of the value and market for the equipment and/or vehicles. The appraisers are to meet and report in writing their appraisals to the Commissioner of the "Fire District" and City Council of "Meridian" within fourteen (14) days of the appointment. The appraisers are to agree on an appraised value for each item for which they are to appraise. The cost of the appraisals shall be an expense of the option and shall be paid by the party exercising the option. 22.1.3 The exercise of an option to purchase an interest in property of a party_will follow the procedures of I.C. § 31-1417A and Chapter 14 of Title 50 Idaho Code, as the case may be, along with the provisions of this section. In the event neither party exercises an option to purchase property that is jointly owned, and the same is placed for sale, in the event a bid is submitted for the purchase of the property by a potential purchaser other than a party to CITY OF MERIDIAN/MERIDIAN RURAL FIRE PROTECTION DISTRICT FIREFIGHTING AND LIFE PRESERVATION SERVICE CONTRACT AND JOINT EXERCISE OF POWER AGREEMENT - 17 this Agreement, the party to this Agreement by priority of their option shall have seven (7) days subsequent to the date of the submittal of the bid to meet the terms of the highest bid submitted. The exercise of this option shall be in writing. 23. GENERAL PROVISIONS: 23.1 This Agreement constitutes and contains the entire Agreement of the parties and supersedes and merges all other prior understandings or agreements between the parties on the subject of this Agreement, if any, whether oral or written; and 23.2 The failure of a party hereto to insist upon strict performance on observance of this Agreement shall not be a waiver of any breach of any terms or conditions of this Agreement by the other party; and 23.3 In the event any provision or section of this Agreement conflicts with applicable law, or is otherwise held to be unenforceable, the remaining provisions shall nevertheless be enforceable and carried into effect; and 23.4 In the event any litigation arising under, or as a result of, this Agreement or arising from any of the acts to be performed hereunder or the alleged breach of this Agreement, the prevailing party shall recover its costs and reasonable attorneys' fees; and 23.5 This Agreement shall be governed and interpreted by the laws of the State of Idaho; and 23.6 No party may assign this Agreement or any interest therein without written consent of the other party; and 23.7 No amendment, alteration, or modification of this Agreement shall be effective unless made in writing and duly executed by the parties hereto; and 23.8 The captions appearing under the section number designations of this Agreement are for convenience only, and are not a part of this Agreement, and do not in any way limit of amplify the terms and provisions of this Agreement. CITY OF MERIDIAN/MERIDIAN RURAL FIRE PROTECTION DISTRICT FIREFIGHTING AND LIFE PRESERVATION SERVICE CONTRACT AND JOINT EXERCISE OF POWER AGREEMENT - 18 24. COUNTERPARTS: This Agreement shall be executed by the parties by the parties in two (2) counterparts, and each such counterpart shall be deemed an `original". 25. NOTICE: 25.1 All notices given pursuant to this Agreement or contemplated under this Agreement shall be given by certified mail, return receipt requested, postage prepaid, addressed to the proper party at the following addresses: 25.1.1 City of Meridian 33 East Idaho Avenue Meridian, Idaho 83642 25.1.2 Meridian Rural Fire District 1510 E. 1" Street Meridian, Idaho 83642 25.2 Any notice so given shall be deemed delivered, given served, or received on the date deposited in the United States mail or verified as received by Fax transmission. Any party may change.the address or designee to whom notices shall thereafter be given upon five (5) days' prior written notice to the other party in the manner set forth in this section. CITY OF MERIDIAN/MERIDIAN RURAL FIRE PROTECTION DISTRICT FIREFIGHTING AND LIFE PRESERVATION SERVICE CONTRACT AND JOINT EXERCISE OF POWER AGREEMENT - 19 IN WITNESS WHEREOF, the parties have herein executed this Agreement and made it effective as hereinabove provided. DATED AND,S1G?W,T,) this '7'? 2 N4 day of �Q� d 'QY 1998. .4 CITY OF MERIDIAN Fo ' ` M ESL = By: p d, a ATTEST: =,,y0 r IS1-, .� By: City Clerk / BY COUNCIL RESOLUTION NO: MERIDIAN RURAL FIRE PROTECTION DISTRICT By: President ATTEST - By: Secretary-�. B Y RESOLUTION NO: CITY OF MERIDIAN/MERIDIAN RURAL FIRE PROTECTION DISTRICT FIREFIGHTING AND LIFE PRESERVATION SERVICE CONTRACT AND JOINT EXERCISE OF POWER AGREEMENT - 20 EXHIBIT "A" CITY FIREFIGHTING EQUIPMENT Midland Radio #243394 Federal Siren #16316 Midland Radio #71100 Flat bed and SCBA box, racks, tool boxes (listed with 1998 Dodge 4 wheel drive 2 dr. 3500 in Exhibit `B') Used wooden office desk 2 — K & K nozzles #F251276 #D136128 Opticom Equipment' at: Meridian and Pine East 1s' and Pine Franklin and Linder 1 "Fire District" to reimburse the "City" one half of the cost of Opticom Equipment in the 1998/99 Fiscal Year at which time the property shall be jointly owned Exhibit "A" to JOINT USE, OWNERSHIP AND OPERATION AGREEMENT FOR FIRE PROTECTION ENIRBIT "B" CITY FIREFIGHTING VEHICLES 1972 Ford #C90LVQ33448 1987 Ford Crown Victoria 4 dr. #2FABP72G2HX165851 1998 Dodge 4 wheel drive 2 dr. 3500 Z— flat bed and SCBA box, racks, tool boxes #3B6MF3662WM257961 Z "Fire District" to reimburse the "City" one half of the cost of the 1998 Dodge Four Wheel Drive in the 1998/99 Fiscal Year at which time the property shall be jointly owned- Exhibit wned Exhibit "B" to JOINT USE, OWNERSHIP AND OPERATION AGREEMENT FOR FIRE PROTECTION EXHIBIT "C" JOENTLY OWNED 1982 Pierce E1530 #l0T9M9A23C1020205 Midland Radio #344085 Federal Siren #94878 1993 Pierce FT #4P 1 CT02D 1 PA000606 Midland Radio #243257 Code 3 Siren #3692 1987 Ford F-700 Pierce #1FDRK84N36VA48266 Midland Radio #304033 Code 3 Siren #22822 1983 Ford Van #1FTEE24G2DHB05219 Midland Radio #344255 Unitrol Siren #3532 Model #480K 1996 Dodge Ram D3500 #1B6MF36W1TS502381 Miscellaneous Equipment Sigtronics Headset System MOTOROLA MINTTOR II: 3101-0521-02043 MINTTOR II Pagers Numbers: 646BMW 1146 646XUA2BKT 646BMW 1173 646BMWI174 646BMWI175 646BMWI147 646BMW 1148 646XUA2BKV 646XUA2BKU 646BMW 1149 646XUA2BKS 646BMW 1169 646BMW 1150 646XUA2BKQ 646BMW 1170 646BMWI151 646XVW24MC 646BMWI171 646BMWI152 646XVW24MA 64613MWI172 646BMWI153 646XVW24MD 646BMWI164 646BMWI154 646XVW24MB 646BMW1165 646BMW1155 646XWW24Q8 646BMWI166 646BMW 1156 646XWW24Q3 646BMW 1167 646BMW1157 646XWW24Q7 646XX7'24C5 646BMW1158 646XWW24Q9 646XXT24CT 646BMW 1159 646BMW 1160 646XX'I24CT 646BMWI161 646BMWI162 646XXT24CV 646BMW1163 646BMWI168 646XXT24CW KINGS Radios 646XYC2583 LPH5142747209 646XYC2586 LPH5142748110 646XYZ2584 GE PLUS Radios 646XYZ2587646XYZ2585 Eyhibit "C" to JOINT USE, OWNERSHIP AND OPERATION AGREEMENT FOR FIRE PROTECTION Page 1 d8 9597513 646XYC2588 959510 646XYZ2588 9597519 GE Radio 643273604 GE PCS Radios 1213296 1162136 1162134 1162135 1162138 1162137 1242590 1385512 1385513 Kenwood Radios and Chargers Radom Kenwood' Radios 80601761 80301028 90701767 80601762 80301029 90701765 80601763 80301030 90701319 80201764 80300581 90701872 M.P.A. GE Radio - Model PAH02 #1536905 - -- #1556148 4 — Kenwood Mikes 4 — PCS Mikes 2 — Cell Phones 157-15399130 157-15578830 AIR TANKS; 1975—T48411 1988 —72611866 SCH13068 19102 SCH12912 19161 1988 —T159378 SCH12975 SCH12826 SCH12844 SCH13085 SCH12783 1988—T159375 SCH12941 19154 19175 19130 SCH13067 SCH13083 1988—T261853 SCH12778 19087 18979 SCH12721 1988—T159351 1988—T159350 SCH12741 SCH12740 19149 SCH13000 SCH19088 1990 — WK282893 19078 18986 19007 SCH13056 SCH12719 SCH12743 12734 12762 19051 19157 SCH13045 19077 SCH13084 SCH2621 18987 19356 SCH12830 19104 18978 19162 19138 18889 SCH13082 19293 19008 SCH 12395 Extrication Air Bottles Exhibit "C" to JOIl`TT USE, OWNERSHIP AND OPERATION AGREEMENT FOR FIRE PROTECTION Page 2of8 1974 – 51267DT Cascade Air System 1993 –6493 1993 –4230 1993-6615 1993 –5787 Macko Air Comp. Bottles 6000 lbs.—Serial Numbers: 218317, 191006, and 218306 1 – Macko Air Compressor lVfodel – BAC06HE3 Serial Number N5406EH 175 Van/Cascade CX2926493 C1 CX45787C3 CX2926615C4 4230C2 18 – SCBA PAC ALERT 1000 SCOTT AIR PACKS 19200024 09110970 9822337 9822422 19900320 09110954 9811515 9822462 19010038 09110756 9822477 09110980 19500406 09110982 9822454 a�; • it ►,��.■ 14 – Rechargeable Flashlights 1– Konica 35MM Camera Camera #605994 Lens #6814884 Flash #4446 3 –Tempest Fan #01924371 #08925052 #7181B 3 – Oxygen Regulators 7 – Vehicle Report Folders 4 – Command Vests 22 – Fireline Tape 12 – Fire Extinguishers 2 – Bio-Haz Trash Cans 8 – Shovels 8 – Pitch Forks 5 – Pick Axes 5 – Flat Head Axes 6 – Rubber Mallets 8 – Pike Poles 4- Rubbish Hooks 3 – Hooligan Tools 18 – Pass Devices 3 – Medical Kits 3 – Respiratory Kits 12 – Infection Control Kits 12 – Disposable Blankets 19300570 19500111 19400344 09110760 19300605 Exhibit "C" to JOINT USE, OWNERSHIP AND OPERATION AGREEMENT FOR FIRE PROTECTION Page 3 of 8 5 —Tool Boxes 4 — AFFF Foam 1 — Silver Fire Suit 5 — Bolt Cutters 3 — Chain Saws 1—Homelite K-12 Saw 1— Gas Detector 2 — Double 50OW Portable Lights 2 — Heavy Duty Extension Cords 1— Double Extension Cord & Reel 1— 4' Fiberglass Ladder 1— 3000 Gallon Dump Tank 2 — Portable Hale Pump 4 — Deluge Deck Guns 4 — Portable Spot Lights 2 —150W Portable Lights 1— 4000W Generator 9 — CPR Pocket Masks 2 — Bag Valve Masks 2 — Kendrick Devices 1— K.E.D. 1— Ice Rescue Suit 6 — Fracture Splints 6 — C -Collars 2 — Head Immobilizers 2 — Brush Fire Swatters 2 — 5 Gallon SILV-EX 7 — Lifeflight Boards 6 — Wheel Chocks 2 — Sigtronics Radio Systems _ 2 — 24' Extension Ladders 2 — 35' Extension Ladders 4 —14' Roof Ladders 4 —10' Folding Ladders 5 — Ladder Skull Protectors 3 — Life -Safety Ropes 2 — Super Sawsalls 2 —Honda Generators EX1000 Serial Number 1205434 Serial Number 1205 400 2 — Air Bags KPI 22 — Serial Number 941940 KPI 32 — Serial Number 932770 Air Bag Regulator — Serial Number PRH8653 Dual Controller — Serial Number 890900 1— Mini -Pack 911 s Serial Number 941191-003 Printer E6317 12 — Oxygen Cylinders 4 — Oxygen Flow Regulators #270050 Exhibit "C" to JOINT USE, OWNERSHIP AND OPERATION AGREEMENT FOR FIRE PROTECTION Page 4 d8 I — ONAN Generator 6EGHEB/38018A Serial Number 1311025 1— Code 3 Beacon Overheads (341) 1 — Foam Equipment & Nozzles 1— VAC -AID Suction Unit 4 — Blood Pressure Cuffs 2 — Wildland Shovels 3 — Al. Scoop Shovels 1 — Snow Shovel 3 — Coffee Pots 3 — Thermoscans 1 — Laerdal D -FIB Serial Number HS3-910404189 1— Fill Panel (Cascade System) 1— Flowmix Foam System 500B 1— Pulse Oximeter Model 71000AZ Serial Number 370314835 370314834 1— Darley Pump Skid FIRE APPLIANCES AND TOOLS: 2 — AFFF Foam Eductors 4 — Hose Straps 1— 5"-2.5" Male Adapters ---.10 - 2-5"Male Adapters 10 — 2.5" Female Adapters 3 — 5"-2.5" Reducers 7 — 2.5"-1.5" Wyes 24 — Spanner Wrenches 12 — Hydrant Wrenches 4 — Elkhart Nozzles 4 — 2.5" Hose Strainers 4 — 5" Hose Strainers 4 — Gate Valves 1— Snaptite Gate Valve — FSGV-50 1— Snaptite Relief Valve — FSPRV50 2 — 5"- 4.5" Female Adapters 2 — 5"-2.5" Female Adapters 2 — 5"-2.5" Female Elbows 2 — Snaptite Manifold -FSM 3 — Akron Butterfly Valves 16 — Storz Wrenches 6 — 2.5" Master Stream Nozzles 8 — T.F.T. Nozzles w/Pistol Grip 1- Foam & Bail Nozzle 2- Camera Cases 4 — Vehicle Flashlights Exhibit "C" to JOINT USE, OWNERSHIP AND OPERATION AGREEMENT FOR FIRE PROTECTION Page 5 of 8 1- 2 Y. S trainer 1-2 % Floating Stainer 1 - 2 %z Hydrant Adapter 3 - Simmons Binoculars 1- 6" - 4 %i' Female - Female Swivel 1 - 1" Grass Fire Nozzle 2 - Hose Rollers 1- 6" Inlet Pressure Valve 1 - Air cyclinder fill station FIRE HOSE: 1 - 3000' 1.50" Hose 1 - 2250' 1.75" Hose 1 - 1000' 2.50" Hose 1- 4000' 3.00" Hose 1- 3000' 5.00"Hose 7 - 25-2.5" Soft Suction Hose 3 - 25'-5.0" Soft Suction Hose 6 -10'-6.0" _ PVC Suction Hose 4 -10'--6.0" Hard Suction Hose 2 -10'-5.0" Hard Suction Hose 3 - 25'-5.0" Supply Hose 3 - 50'-5.0" Supply Hose 10 - 50'-1.0" Wildland Hose - -- FIRE STATION EQUIPMENT: 1 - 15 HP Compressor - Traded LN Curtis- 1- GE Base Radio Station 1- NFPA Code Books 1 -Meridian City Ordinances 3 - NFPA Tech. Books 1- Hazard/Material Handling Book 1- NW Pipeline Safety Manual 2 - UFC Books 1991 1- UFC Standards Book- 1- Life Safety Code Book 1- Ada County Policy Manual 1- Ada County Communications Manual 4- Metal Desks 44 - Metal Folding Chairs of which 21 are Meridian Fire Departments and 23 are Meridian City 2- Large Tables 1- Speaker Podium 2- Blackboards " 1- Turn -out Rack 1- Flammable Liquid Detector 1- Mail Box Exhibit "C" to JOINT USE, OWNERSHL' AND OPERATION AGREEMENT FOR FIRE PROTECTION Page 6 of 8 3- Large Wooden Storage Cabinets 8- Folding Tables 1- Double Sided Metal Locker 4- Metal Filing Cabinets 1- Cordley/Temprite Water Fountain 1- Computer Desk 1- Star NX2415 Printer Serial Number 490000201026 1- HP Printer 1- Edge Computer 1 - Keyboard Serial Number 00642212 1- Disk Drive Serial Number E003032 1- Monitor Serial Number TB9C46812 1- Double Sided Fire Prevention Education Cabinet 1- Portable Talking Fire Hydrant 1- Soda Pop Machine 2- Refrigerators 1- Trophy Cabinet 2- Hose Racks 40- American Heat Training Tapes 1- Zenith TV and Wall Stand 1- Zenith VCR 1- Gas BBQ 1- Roof Swamp Cooler 1- Air Conditioner 1- Shop Vac I- Zenith Camcorder 1- Rescue Randy 1- Rescue/Smoker Machine 1- Portable Tool Bench/Anvil 1- Tool Bench 1- Y4 HP Air Compressor 1- 4' Aluminum Ladder 1- Battery Jumper Cables 1- Octagon Table 1- 100' Garden Hose/Reel 1- Typewriter 2- Instamatic Cameras 1- Goodall Battery Charger 1- Cannon Copier Serial NumberNEE09942 1- Auto Feed Serial Number JXB86214 1- Sorter Serial Number JXF64983 1- Zenith — 35" Television Set Serial Number 381-36451459 1- Zenith HI-FI VCR #VRM4220 HF Serial Number 48044790 1- Stand, Cords, Cables Miscellaneous Hand Tools 2- Recliners (Bigboy) Chairs 2- Twin beds with box springs 2- Bed Frames 5- Window Blinds 6- Ess. OF F/F Books Exhibit "C" to JOINT USE, OWNERSHIP AND OPERATION AGREEMENT FOR FIRE PROTECTION Page 7 of 8 1- Desk Charger 1- 5 hp Air Compressor 1 - Moore Infant CPR 1- Office bookcase 1- Office divider panel 2 - Office back chairs 1 -Computer K6-233MES #657C l l W 1 JK #721016L00211328A FIRE EXTRICATION EQUIPMENT: 1- RAM Extrication Set 1- Hurst Manifold Unit 1- Hurst 30" RAM 1- Hurst Paladin Tool 1- Hurst Roadrunner Tool 1- 160' Hydraulic Hose 1- Hydraulic Pump Unit 1- Windshield Saw 4- Seatbelt Cutters 1- Set of Chisels 2- Comealong Sets 1- H80 Boss Tool 2- Pry Axes 1- 60' RAM and Hose - — -- :-.--_FIREFIGHI7ERS EQUIPMENT -_:-- 35- Janesville Tum -outs 60- Pair North Star, LN Curtis Gloves 90- Glove Corp., Lion, PBI Hoods 38- Cairns & Brothers Helmets 40- Pair Ranger Fire Boots 35- Fire Suspenders 30- SCBA Mask Bags 37- SCBA Masks 12- Globe Tum -outs 21- Pair Black Diamond Fire Boots 15- Orange Grass Fire Shirts 15- Wildland Helmets 23- Wildland Goggles 8- Wildland Fire Shelters 8- Wildland Fire Belts 16- Lions Firefighter Helmets 13- Globe GX7 Pants 5- Globe GX7 Coats Wildland Pants & Coats 15 - Lion Tum -Out Coats 8 - Lion Tum -Out Pants 30 - Wildland Boots Exhibit "C" to JONT USE, OWNERSHIP AND OPERATION AGREEMENT FOR FIRE PROTECTION Page 8 of 8 EXHIBIT "D" HOUSE AND FIRE STATION LEGAL DESCRIPTION An undivided one-half interest in the property described as follows: Lots One (1) , Two (2) and Three (3) in Block 2 of the original Townsite of Meridian, Ada County, Idaho. Together with all improvements thereon. Also known by the address: 706/7161 North Meridian, Idaho. BUD] _ - Lot 4 in Block 2 of the amended plat of Townsite of Meridian, according to the plat thereof filed in Book 1 at Page 30, records of Ada County, Idaho. Also known - - - .-by the address: 26 -East Broadway Ave.Z, Meridian, Idaho. - — EAST PARKING LOT LEGAL DESCRIPTION Lot 5 in Block 2 of the Meridian Townsite, according to the amended Plat thereof filed in Book 1 of Plats at Page 30, records of Ada County, Idaho. Also known by the address: 30 East Broadway Ave.3, Meridian, Idaho. 7 1 40'x 115' Fire Station Pumice Block with concrete floor and Hose Tower 2 32' x 32' House and the 20' x 30' Unattached Garage 3 33' x 115' Paved Parking Lot Exhibit "D" to JOINT USE, OWNERSHIP AND OPERATION AGREEMENT FOR FIRE PROTECTION EXHIBIT "E" RURAL FIREFIGHTING EQUIPMENT Midland Radio #344084 Federal Siren #99264 Midland Radio 9367413 Federal Siren #77583 Midland Radio #314563 Federal Siren #84318 Midland Radio #339329 Federal Signal Corp #MS3000 Exhibit `.`E" to JOINT USE, OWNERSHIP AND OPERATION AGREEMENT FOR FIRE PROTECTION uj 0 m LuZ ii - C4 ujQ Q W cc z EXHIBIT `=G" 1997/98 FIRE DEPARTMENT BUDGET U" O O O I: C) N O O O CO M � O� 0 0 0 0 0 0 0 0 0 0 0 0 0 O p p 0 0 Q - C) 00 �O00N0000000 0000000 In O i , 00 �; C�lLOLo r�OO�Cn0cp0LO0007�O"tnOQOON9C O C0 V) T---cvjCO �' N C`��N��� �NN��'C' CV CD (01104 MCC LC) r � r- ��r � CV r N M Q 6A • O cc p � --U?00 On(0V)0O"I 00000000000000 OOOO 0000M LOp OpNCA00�m,LO 0000000 O_ CD CD O. 00�00p0000QOOQQ1� MLOCD ` COMMV--LO'0 M �� MCA���rrNMc7�CD�.O�tf� NOOCO r C'Mtt)(0M'IT EA ^�W^ Z ^ w �� OZm< uj UO X UZ =¢ YO CO cAZ —W W >—F- � Z¢ Lu WE _ (!)W=< U W W 0�= Z Z° LuF-¢V _C���OZ _'¢UV W(n �QZU7fAZ F- F- Z Z Z Z C1 Z F- W Z W >- < (.D - ¢ W LLJQZWw w - —U �ZxxW F-ZOW�D ?>�¢LL �w LU CL ¢Lwi WCl7~I-wZZ�¢¢��WUF-a.a.Wl--� F- °- W O a- Q Q `-' W Z J fn �¢ W F- Z -J Z X� C7 Lu u)cr2 1�2 ��t_ (0-5,Q�_Iw}aC�WW0F-.F- ZWQ�QwwZ�OQ F-zWu. m¢I-wUOw0m02O=aZWZZ��=zC7�OXU0>W�mQ0U� mo�ZwC40LLO�Zwp0O=O�ZQQLu}�c�=W¢��a0 Z: Lu �—W- mU-�c� ZO Wcn 2 OCL -3_ QC�W C)LL Zcnwt-WWz Q1Eo:Q�O-1w0�wW::)Lu co LL1W�z LL I¢-<O�Zz�o' oQD�w mWo�(r�m 0-�Qo�¢ S2 z ��LuJ z ��UmQQ�Q ¢ C) W W Z�mJ� zQ--EL U �mLL U¢ IL F-- a'Ooco.0:..0ooO N:N.c7 c7. M... 'C �} tfY`tfJ•:tn�t!]=.tt�=CLy r'.. �.::r.r�''�.'.-.r�'T'_•i�_.r,:..r:��r._t•.:::.�:._.i Exhibit "G" to JOIINT USE, CNITERSHIP A`TD OPERATION P-GREE:4ENT FOR FIFE PROTECTIW