HomeMy WebLinkAbout1981 – City of Boise & Fire Protection District’s}IUTUAL FTRE AND DTSASTER PROTECTION
AND ASSISTANCE AGREEMEN?
A. RESPONDING PAR?Y: Any party to this Agreement
another party to this Agreement towho has been requested bY
AGREEMENT 1
EXHIBIT "A" i".
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rHrs AGREEMENT made this J9 a.v or s&imben_",
198I, by and between THE CITY OF BOTSE, COLE-COLLISTER FIRE
PROTECTTON DTSTRICT, WHITNEY FIRE iROTECTTON DTSTRICT, THE
CITY OF I'IERIDIAN AND THE MERIDTAN TTRE PROTECTION DISTRICT,
EAGLE FTRE PROTECTION DISTRTCT, STAR FIRE PROTECTION DISTRICT,
KUNA PTRE PROTECTTON DISTRICT, AND DESERT EAST FIRE PROTECTION
DISTRICT.
W I T N E S S E T H:
WHEREAS, it is possible that a fire and/or disaster
couJ.d occur within the boundaries of any of the parties
hereto whj-ch wouLd be of such rnagnitude that it hrould re*
guire more men and/or eguipment than an individual party
could provide; and
WHEREAS, the parties hereto have determined that
it is in the best interests of each of the parties and the
citizens whom they serve to provide for additional men and
eguipment in the event of a fire and/or disaster which
requires.more men and/or equipment than an individual party
hereto could provide; and
I4HEREAS, each of the parties hereto believe that
they can provide for such events by a cooperative agreement
for fire and/or disaster protection betrreen the parties
heretoi and
WHEREAS, Ada County has adopted an Energency
Operations P1an, which covers major disasters including
nuclear, natural and manmade and the Civi.l Defense Office is
charged with impLementing that p1an, or which this Agreement
shaIl become partt
NOW, THEREFORE, the Parties agree as follows:
I.
DEFINITIONS:
furni sh,
terms of
loan and dispatch equipment and personnel under the
this Agreement.
B. REQUESTING PARTY: Any party to this A greemen t
who suffers a fire and,/or disaster within the boundaries of
its district or corporate political Limits, and such fire
and/or disaster requires more equipment and/or manpower than
the said party can provide itself; and said party requests
of another party to this Agreement to furnish, loan and
dispatch equipment and personnel to aid said party.
rr.
Whenever a party to this Agreement suffers a fire
and/or disaster reguiring more equipment and manpower than
the suffering party can itself provide, each of the other
parties to this Agreement, at the request of the party so
suffering, agrees to furnish, loan and dispatch to the aid
of the Requestj.ng Party such equipment and personnel as the
Chief of the Responding Fire Department, or his designee,
sha1I determine may be so furnished. fn no event shall any
liability be imposed upon or attach to a Responding Party
for failure to furnish any equipment or personnel, the
determination of the Chief of the Responding Party, or his
designee, as to whether any or how much equipment or personnel
will be furnished being final and conclusive for alL purposes.
III.
equipmen t
per sonne I
The Responding Party, if it determines to furnish
and personnel, shaLl deliver its equipment and
to the location specified by the Requesting Party.
nearest the fire and/or disaster, unless the
ment or manpor.rer of a more distant Party is
t,
The Reguesting
IV.
Party shall
Responding Party shalI
the Reguesting Party.
first call the party
equip-speci a 1
required.
report to the Person
The Commanding Officer
The
designated by
zAGREEMENT
of the Requesting Party shaJ"J- assume fuI1 r,rsponsibility for
the direction, supervision, and deployment rf all equipment
and personnel dealing with the fire andr/or disaster, and for
the manner in vhich the fire and/or disaster is to be
controlled or suppressed. In no case shall- the Responding
Party be required to assume overall responsibility for or
direct the efforts to control or deal with the fire and/or
disaster. The Requesting Party shalL hold each Responding
Party harmless from and against, and indemnify each such
Responding Party for any loss or risk of lj.ability to third
parties incJ.uding costs and reasonable attorneys fees arising
out of or in any vray connected wit.h the exercise or failure
to exercise the responsibilities herein imposed upon the
Requesting Party.
, vI .
The Responding Party shall always operate its own
equipment.
disaster
and help
VII.
Upon completion of the
each party participating
as is necessary to insure
work on a fire
sha11 render
the return
and/ or
such assistance
of equipment
to its owners.
VIII.
A)-1 equipment, personnel and manpower loaned under
the terms of this Agreement shal1 be returned to the Res-
ponding Party upon release by the Requesting Party or upon
demand by the Responding Party for the return of its equipment
and personnel. The Reguesting Party shall be responsible
for the replacement of any special fire extinguishing agents
used by a Responding Party.
IX.
The parties hereto further agree to schedule and
conduct continuing training programs for all personnel so
that procedures and techniques for dealing with fires and/or
disasters can be standardized.
3AGREEMENT
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Each of the parties hereto shal-I at a1I times be
solely responsibLe to its own employees for the payment of
wages and other compensation and for workmanrs compensation
coverage. Each party shall be responsible for its own
equipment and personnel and shall bear the risk of any loss
or damage to its equipment or injury to its personnel occurr-
ing as a result of the operation and use of said equipment
or personnel under and in accordance with the terms of this
Ag reemen t .
xr.
Except as otherh,ise herein specified, the Request-
ing Party shall not be liable for any compensation to any
Responding Part,' for the loan of personnel or equipment
under the terms of this Agreement.
, xrr.
Time is of the essence and the parties hereto
agree to take rLl necessary action to empower.their personnel
with the auth( :ity to dispatch equipment and personnel as
provided in tt ls Agreement.
XIII.
. This Agreement sha1l become effective upon the
execution hereof by aI1 of the parties hereto. Any of the
parties hereto may r,Jithdraw from this Agreement at any time.
If any party determines, for any reason, to vrithdraw from
this Agreement, withdrawal shall be effective upon service
of written notice to all other parties.
xrv.
Should any term or provision of thi6 Agreement, or
the application thereof to any persons, parties or circum-
stances, for any reason be illegal or invalid, such illegal-ity
or invalidity shaIl
ngrcement and thi s
as if such il legal
herein.
not affect any other p.8ri"ion of this
Ag reemen t
or inval,id
shall be const.rued and en forced
been contained
AG REEMEN?
provision had not
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IN WfTNESS WHEREOr, the parties hereto have caused
this Agreement to be executed this ;?fr,ay of
1981.
CITY OF BOISE CITY
By
I'Iayor
ATTEST:
By
r r ,Jo Boros
L ty Clerk
COLE-COLLTSTER FIRE PROTECTION DT
By
F rec onrmt-oner
By r Comm er
By
E rec onrm]" s s 10n
IL
ATTEST:
ATTES?:
Secret ary
By
Pire Chtef, A1 Gant
WHTTNEY FIRE PROTECTION DISTRICT
By re Comm ss oner
By
F Lre Co
By
P l-Commi- s s ioner
By
F ech Le Ray Stocke'_
9n;;,ld
Secretary
. AGREE!,IEN? - 5
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STAR FTRE PROTECTTON DISTRICT
By
Fire C 1S S 10n er
F re Comm s s 10n e.r
F are C ornm].ssLoner
By
By
4L
A?TEST :
Secre ary
By
f ]re Chief, Renn M. Ross
KUNA PTRE PROTECTION DI STRICT
By Fir Comrn ssl-ner
By Q.d.-^*a-\-.Z tLFire Co mm s s r-oner
By
F reC olnm]. s s r-o r
By rre C 1e c Cromwe Il-
DESERT EAST FTRE PROTECTION DISTR].(
By ?
F l-re Cornm ssaoner
By
.(
Secretary
Co mm].ss er
1re C onm].ss].oner
By
By
F 1 Rocky H ond
7trSecretary !
AGREE},TENT - 7
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CI MERI D IAN
By
Ma r
By
Rog r e er
ATTEST:
c ty
Secre
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MERIDIAN RE PROTECTION DISTRICT
By
F omrn1 s s one r
By /;zz, / 4', l"-.,,,,L/1riie Commiisioner
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re e enO
By reC ss on er
By
Ro ger We er
EAGLE FIRE PROTECTION DISTRTCT
By
reC ommrssroner
B \
re Co ss er
eC s one rBy
By
F'
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/{ri t
ATTEST:
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Sec etary
AGREEIT1ENT - 6
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