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1sT AMENDED AND RESTATED
INTERAGENCY JOINT POWERS APPARATUS MAINTENANCE AND REPAIR
SERVICES AGREEMENT
PARTIES:
Star Fire Protection District
Service Provider
22585 Kingsbury, Middleton ID 83644
ATTN: Dustin Ballantyne Division Chief
City of Meridian
Service Recipient
33 E. Broadway Ave, Meridian ID 83642
ATTN: Fire Chief
THIS AGREEMENT is entered into this IL day of U , 2019, by and between
the Star Fire Protection District, organized and existing pursuani to Chapter 14 of Title 31 of the
Idaho Code, herein after referred to as "Service Provider," and the City of Meridian by and
through its Fire Department, hereinafter referred to as "Service Recipient."
SECTION 1
TITLE OF AGREEMENT
This Agreement shall be known and referred to as the "Interagency Joint Powers
Apparatus Maintenance and Repair Services Agreement."
SECTION 2
DEFINITIONS
For all purposes of this Agreement, the following words, terms and phases herein this Section
contained shall be defined and interpreted as herein provided for unless the clear context of the
presentation of the same otherwise requires:
2.1 Agreement: means and refers to this "Interagency Joint Powers Apparatus Maintenance
and Repair Services Agreement."
2.2 Apparatus Maintenance and Repair Services: means and refers to the providence of
maintenance and repair services, by service personnel [meeting NFPA 1071 standard for
emergency vehicle technician professional qualifications] of the Service Provider, to Fire
and Emergency Service Apparatus of the Service Recipient as requested by the Service
Recipient.
2.3 Contract Service Fee: means and refers to the fees and costs charged for Apparatus
Maintenance and Repair Services by the Service Provider to the Service Recipient as
follows:
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• Mechanic Services @ $100.00 per hour
• Preventive Maintenance Services @ $90.00 per hour
• Travel time will be included at $90.00 per hour for Mechanic and/or
Preventive Maintenance Services provided when greater than 30 miles from
the Apparatus Maintenance Station of the Service Provider located at Star Fire
Protection District Fire Station No. 2, 22585 Kingsbury Road, Middleton,
Idaho 83544.
• Parts and Materials as per Service Provider costs.
2.3.1 Amendment Contract Services Fee: Service Provider may unilaterally amend
this definition subject to the Service Provider first providing written notice of the
amendment to the Service Recipient and complying with the procedure and
provisions of Idaho Code Section 63-1311A [irrespective of the oro of any
increase] before the amendment goes into effect. No amendment of this section
will change the then existing Contract Service Fee for Apparatus Maintenance
and Repair Services commenced prior to the amendment taking effect.
2.4 Contract Services Term: This Agreement is perpetual from its effective date unless
terminated by either party.
2.5 Service Provider: Means and refers to Star Fire Protection District who is providing
Apparatus Maintenance and Repair Services pursuant to and as party to this Agreement.
2.6 Service Recipient: Means and refers to the City of Meridian Fire Department who is the
recipient of Apparatus Maintenance and Repair Services pursuant to and as a party to this
Agreement.
2.7 Party/Parties: Means and refers depending upon the context of the term to the Service
Provider and/or the Service Recipient being the Parties to this Agreement.
SECTION 3
RECITALS
The Parties recite and declare:
3.1 The Parties each have a duty and have been formed for the purpose of the protection of
property against fire and the preservation of life and are public agencies as defined in
Idaho Code Section 67-2327; and
3.2 The Service Provider has service personnel [meeting NFPA 1071 standard for emergency
vehicle technician professional qualifications], equipment and supplies capable of
providing Apparatus Maintenance and Repair Services for the Service Recipient in
accordance with the Contract Services Fee; and
3.3 The City Council of the Service Recipient and its Fire Department are desirous of
obtaining Apparatus Maintenance and Repair Services from time to time as authorized by
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the Service Recipient's Chief or the Chief's designated agent from the Service Provider;
and
3.4 Service Provider is willing to provide Apparatus Maintenance and Repair Services for
and as requested by the Service Recipient in accordance with the Contract Services Fee;
and
3.5 Idaho law provides that any power and/or authority authorized by the Idaho Constitution
or statute held by the parties may be exercised jointly; and
3.6 The Parties have determined it is necessary and desirable to enter into this Agreement;
and
3.7 The Parties also have authority to enter into this Agreement pursuant to the provisions of
Idaho Code §§ 67-2326, 67-2328, and 31-1430; and
3.8 The Parties, pursuant to the authority of Idaho Code § 67-2332, also have the authority to
contract with each other to perform Contract Services as an interagency service
agreement.
3.9 Pursuant to Section 9.1.3 of this Agreement, the Parties acknowledge that the purpose for
this I" Amended Agreement is to remove the pump test pit offset due to the limited use
of the test pit by the Service Provider. As of January 1, 2019, the Service Recipient will
be charged for all pump testing of apparatus.
SECTION 4
JOINT EXERCISE OF POWER AGREEMENT PROVISIONS
4.1 Duration/ Contract Services Term/ Termination: The Contract Services Term is
perpetual from its effective date unless terminated by either Party as herein provided, and
is subject to Service Recipient's annual appropriations for the Contract Services.
4.1,1 Termination Rights and Notice: Either Party may terminate this Agreement
effective immediately without cause upon giving written notice of termination to
the other Party. Termination will not affect any Contract Service Fees then owing
nor will it affect any then current Apparatus Maintenance and Repair Services
being provided.
4.1.2 Failure to Appropriate Notice: In the event either Party fails to appropriate
funds for to either provide or received Contract Services they shall provide notice
of the same to the other Party which notice shall then terminate this Agreement.
4.2 No Separate Administrative Entity, Established: This Agreement does not establish
any separate administrative entity and is administered by Service Providers Apparatus
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Maintenance Division Chief
4.3 Purpose or Purposes: The Purpose or Purposes of this Joint Powers Agreement are set
forth herein in Section 2 of this Agreement and are herein incorporated by this reference.
4.4 The Matters of Finance: The provisions of this Agreement which concern finance are
set forth in Section 5 of this Agreement.
SECTION 5
CONTRACT SERVICES
5.1 Apparatus Maintenance and Repair Services: During the Contract Services Tenn of
this Agreement, Service Provider shall provide Apparatus Maintenance and Repair
Services as requested and authorized by and for the Service Recipient.
5.1.1 Maintenance Services: Apparatus Maintenance Services involving maintenance
rather than repair shall be provided by the Service Provider, as requested and
authorized by the Service Recipient, in accordance with the following:
5.1.1.1 Level 1 Basic Chassis Service Checklist in accordance with Exhibit A
attached hereto marked Exhibit A and by this reference incorporated
herein as if set forth at length.
5.1.1.2 Level 2 Standard Chassis Service Checklist in accordance with Exhibit
B attached hereto marked Exhibit B and by this reference incorporated
herein as if set forth at length.
5.1.1.3 Level 3 Chassis Checklist in accordance with Exhibit C attached hereto
marked Exhibit C and by this reference incorporated herein as if set
forth at length.
5.1.2 Repair Services: All other Apparatus Maintenance and Repair Services, not
referenced in section 5.1.1 of this Agreement, are "Repair Services" and billed by
the Service Provider as Mechanic Services.
5.2 The Administration: The Apparatus Maintenance Division Chief for the Service
Provider and the Fire Chief and or their designee for the Service Recipient shall serve as
the administrator agents for the Parties in the performance of this Agreement.
5.3 Independent Contract Service: Service Provider and its employees and agents shall, in
the performance of the Apparatus Maintenance and Repair Services under the terms of
this Agreement, is an independent contractor and not an employee or agent of the Service
Recipient.
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SECTION 6
CONTRACT SERVICES FEE
6.1 The Contract Services Fee for the Contract Services Term shall be in accordance with the
provisions of the definition of Contract Services Fee set forth in Section 2.3 of this
Agreement or as otherwise agreed in writing by the Parties Administrators.
6.2 Contract Services Fee shall be due and payable to the Service Provider by Service
Recipient within sixty (60) of the date the Service Recipient received the invoice.
SECTION 7
INSURANCE COVERAGES
7.1 Insurance: As a condition precedent to the providence of any Apparatus Maintenance
and Repair Services to Service Recipient, the Service Provider will:
• Maintain and continue to maintain at all times liability insurance at its expense
inclusive of:
✓ Commercial General Liability with limits of $1,000,000 and $2,000,000 aggregate;
and
✓ Automobile liability with combined single limits of $1,000,000 and Umbrella
Liability excess coverage of $1,000,000 per occurrence and $2,000,000 aggregate;
and
✓ Garagekeepers insurance with similar limits; and
✓ Workers' Compensation Insurance, in the statutory limits as required by law.
• Provide Service Recipient with certificates of insurance coverage, herein this Section
required, at least ten ( 10) days prior to the date Service Provider begins performance
under this Agreement.
• Certificates of insurance shall be provided by Service Provider to the Service
Recipient's Fire Chief with a copy to the City Attorney/Risk Manager at 33 E.
Broadway, Meridian, Idaho 83642.
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SECTION 8
NOTICE
8.1 Notices: 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:
8.1.1 Service Provider:
22585 Kingsbury, Middleton, ID 83644
ATTN: Dustin Kent Ballantyne, Apparatus Maintenance Division Chief.
8.1.2 Service Recipient:
33 E. Broadway Avenue, Meridian Idaho 83642
ATTN: City Clerk,
With a copy to Mark Niemeyer, Fire Chief
8.2 Notice Effective Date: The effective date of notice given under this Agreement shall be
three (3) days after the date of posting with the U.S. Postal Service of notice sent, or
upon the day of notice sent by facsimile or e-mail.
SECTION 9
AMENDMENT PROVISIONS
9.1 This Agreement may only be amended in accordance with the following process:
9.1.1 An amendment may be proposed by either Party.
9.1.2 A proposed amendment must be in writing and include this entire Agreement, as
then existing, and shall therein include a strike through of any language to be
deleted and underline of any new language of the proposed amendment.
9.1.3 A proposed Amendment shall contain:
• The Statement of Purpose, including a statement of how the Parties will be
affected by the amendment;
• The Party to contact for information; and,
• The amended Agreement text.
9.1.4 The proposing Party shall also prepare and submit to the other Party the proposed
amendment as above stated, together with a Restated and Amended Agreement
form in the event the proposed amendment is approved.
9.1.5 An approved Amended and Reformed Agreement shall be executed by each of the
Parties.
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SECTION 10
GENERAL PROVISIONS 1 SAVINGS CLAUSE
10.1 No Third Party Beneficiaries: Each Party to this Agreement intends that this
Agreement shall not benefit or create any right or cause of action in or on behalf of any
person or legal entity other than the Parties hereto.
10.2 Severability: Should any term or provision of this Agreement, or the application thereof
to any person, parties, or circumstances, for any reason be declared illegal or invalid,
such illegality or invalidity shall not affect any other provision of this Agreement, and
this Agreement shall be construed and enforced as if such illegal or invalid provision had
not been contained herein.
10.3 Counterparts: This Agreement shall be executed by the Parties in two (2) counterparts,
and each such counterpart shall be deemed an "original".
10.4 Captions: The subject headings of the paragraphs and subparagraphs of this Agreement
are included for purposes of convenience only and shall not affect the construction or
interpretation of any of its provisions.
10.5 Reasonable Fees: In the event of any litigation arising under, or as a result of this
Agreement, or arising from or as a result of 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.
10.6 Choice of Law: This Agreement shall be governed and interpreted by the laws of the
State of Idaho.
10.7 Assignments: No Party may assign this Agreement, or any interest therein, without
written consent of the other Party; and in the event of assignment, this Agreement shall
inure to and be binding upon the Parties hereto as well as their successors, assigns,
departments and/or agencies.
10.8 Amendments: No amendment, alteration or modification of this Agreement shall be
effective, unless made in writing and duly executed by the Parties hereto.
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IN WITNESS WHEREOF, the undersigned Parties have by action and/or authority of their
governing Boards caused this Agreement to be executed, and made it effective as hereinabove
provided, this day ofJLA,W, 2019.
DATED AND SIGNED this ' day of34
2019
STAR FIRE PROTECTION DISTRICT
By:
Dustin Kent Ballantyne,
Apparatus Maintenance Division Chief
Authorized Agent of the Board of Commissioners
CITY OF MERIDIAN
By:
Mayor Tammy De Weerd
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