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MEMORANDUM OF UNDERSTANDING AND AGREEMENT FOR 2019/2020 FISCAL YEAR
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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 (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 “2018/2019 Budget Year Memorandum”), dated October 23,
2018, 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 2018/2019 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 2018/2019 Budget Year 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 2019/2020 fiscal
year; and
WHEREAS, the District previously funded, for the benefit of the District and the City,
the construction of improvements of that certain fire station commonly known as Meridian Fire
Station No. 5, located at 6001 North Linder Road, Meridian, Idaho (“Station No. 5”); and
WHEREAS, the City desires to reimburse and repay the District the amount of
$800,000.00 for and in full satisfaction of the District’s said funding of the construction of
Meridian City Council Meeting Agenda July 9, 2019 – Page 43 of 120
MEMORANDUM OF UNDERSTANDING AND AGREEMENT FOR 2019/2020 FISCAL YEAR
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improvements of Station No. 5, and the District consents and agrees to said reimbursement and
repayment in the amount of $800,000.00; and
WHEREAS, upon the City’s reimbursement and repayment to the District of
$800,000.00, the District shall promptly execute and deliver to the City a quitclaim deed, in
satisfactory form for recording in the property records of Ada County, Idaho, conveying any and
all the District’s right, title and interest in and to the premises of Station No. 5; 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 2018/2019 Budget Year Memorandum is expired, terminated and ended, and
of no further force or effect as of the end of the 2018/2019 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 2019/2020 fiscal year shall be
NINETY PERCENT (91%) attributable to the City and NINE PERCENT (9%) attributable to
the District. The foregoing shall be and is effective for and as of the 2019/2020 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.All other terms, provisions, covenants and agreements set forth in the Agreement
shall remain and be the same.
4.As and for the City’s full, complete and satisfactory reimbursement and
repayment to the District of the funding of the construction of the improvements of Station No.
5, the City shall pay, and the District shall accept, the total amount of EIGHT HUNDRED
THOUSAND and 00/100 DOLLARS ($800,000.00) in cash, or in certified funds, or by federally
insured wire transfer. The City’s said payment to the District of the $800,000.00 shall be on or
before _________, 2019. Upon receipt of said $800,000.00, the District shall execute and deliver
to the City a quitclaim deed, in satisfactory form for recording in the property records of Ada
County, Idaho, conveying any and all the District’s right, title and interest in and to the premises
of Station No. 5.
Meridian City Council Meeting Agenda July 9, 2019 – Page 44 of 120
5. The City and the District shall execute such further and additional documents and
instruments necessary to give this Memorandum of Understanding and Agreement full force and
effect.
IN WITNESS WHEREOF, the parties have herein executed this Memorandum of
Understanding and Agreement.
DATED AND SIGNED this O�" day of , )2019.
Attest:
IN
By Council Resolution No.
Attest:
By:
Secretary
By Resolution No. 19 -
City of Meridian
or
ED AUGVSI
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` IDANO 1
SEAL.
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Meridian Rural Fire Protection District
Chairman
MEMORANDUM OF UNDERSTANDING AND AGREEMENT FOR 2019/2020 FISCAL YEAR
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MEMORANDUM OF UNDERSTANDING AND AGREEMENT FOR 2019/2020 FISCAL YEAR -
Exhibit A
Exhibit A
Meridian City Council Meeting Agenda July 9, 2019 – Page 46 of 120
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