HomeMy WebLinkAbout2002-02-09
February 15, 2002
MERIDIAN CITY COUNCIL MEETING February 19, 2002
APPLICANT Fire Department ITEM NO.
REQUEST Automatic Aid Agreement for Approval
3-3
AGENCY
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
CITY SEWER DEPT:
MERIDIAN SCHOOL DISTRICT:
MERIDIAN POST OFFICE:
ADA COUNTY HIGHWAY DISTRICT:
SANITARY SERVICE COMPANY
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
BUREAU OF RECLAMATION:
OTHER:
Contacted:
COMMENTS
See Attached
IdVlV
M1f
Date:
Phone:
Materials presented at public meetings shall become property of the City of Meridian.
Meridian Fire Department
540 E. Franklin Road
Meridian, 1083642
208-888-1234 Fax 208-895-0390
ECEIVED
CITY OF MERIDIAN
CITY CLERK OFFICE
To: Mayor Corrie, City Council, Rural Fire Commissioners and City Clerk Will Berg
From: Ken W. Bowers
Date: 2/13/02
Re: Automatic Aid Agreement
This agreement is between the City of Boise, City of Meridian, Meridian Rural Fire
Protection District and Whitney Fire Protection District.
We have put this agreement together to enhance all entities named above.
Example of Agreement: Meridian Fire Department has a fire or automatic alarm at
Blue Cross or St. Luke's Meridian Medical Center; Boise Fire Department will send
an Engine Company and a Ladder Truck to help out. In turn, Meridian Fire
Department would send a Tender (water truck) to Boise Fire Department's areas that
do not have fire hydrants, when they have an emergency. We believe this will help
all entities. City Attorney, Bill Nichols and John Fitzgerald, the rural attorney, have
both reviewed this agreement and made their changes and have approved it. The
Agreement will need the Mayor's signature and the City Clerk will need to attest.
If you have any questions please contact me.
Jf:u).'B~
Ken W. Bowers, Chief
Meridian Fire Department
. Page 1
AUTOMATIC AID AGREEMENT CITY OF BOISE, CITY OF MERIDIAN,
MERIDIAN RURAL FIRE PROTECTION DISTRICT
AND WHITNEY FIRE PROTECTION DISTRICT
THIS AGREEMENT is entered into this day of , 2002
by and among the City of Meridian, hereinafter,referred to as the "City of Meridian", the
City of Boise, hereinafter referred to as the "City of Boise," the Meridian Rural Fire
Protection District, hereinafter referred to as "MRFPD", and the Whitney Fire Protection
District, hereinafter referred to as 'WFPD".
WITNESSETH:
WHEREAS, the City of Meridian and the City of Boise are authorized, pursuant
to Idaho Code 950-301 to enter into agreements for fire protection services; and
WHEREAS, the MRFPD and the WFPD are authorized, pursuant to Idaho Code
931-1430A, to enter into agreements for fire protection services; and
WHEREAS, the Parties wish to jointly exercise their authority and powers to
effectuate the purposes of this Agreement in accordance with the authority of Idaho
Code 967-2326 and 2628; and
WHEREAS, the Fire Chiefs of the City of Meridian, City of Boise, MRFPD, and
WFPD have conferred and recommended that the Parties enter into this Agreement for
the purposes of providing fire protection services in mutually agreed upon areas set
forth in this Agreement in Exhibit A; and
WHEREAS, the Parties believe that the public fire protection will be improved as
a result of the services set forth in this Agreement; and
WHEREAS, this Agreement must be filed with the Idaho Secretary of State in
accordance with Idaho Code 967-2329 before it shall be binding.
NOW, THEREFORE THE CITY OF MERIDIAN, THE CITY OF BOISE, MRFPD AND
WFPD AGREE THAT:
SECTION 1. TITLE OF AGREEMENT:
1.1 Title: The title of this Agreement is the "Automatic Aid Agreement City of
Boise, City of Meridian, Meridian Rural Fire Protection District and Whitney
Fire Protection District".
1.2 Short Title: This Agreement shall be referred to as the BOISE-MERIDIAN-
WHITNEY AUTOMATIC AID AGREEMENT.
1:\lEGALDOC\RESO.ORDI2001IRES02001IMERIDIANAAA2.wPD.AGR
SECTION 2. PURPOSE:
2.1 The purpose of this Agreement is to provide for Automatic Aid Responses within
the areas depicted in Exhibit "An.
SECTION 3. DEFINITIONS: The following definition shall apply when referenced in
this Agreement
3.1 "Automatic Aid Response": means and refers to an initial response of "Fire and
Life Protection Services", made pursuant to this Agreement, from either fire department
into the jurisdiction of the other.
3.2 "First Due": means and refers to the first "Fire and Life Protection Services"
expected or intended to arrive at an emergency scene, based on predetermined
response procedures.
3.3 "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 each of the Parties to this Agreement 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 each of
said parties.
3.4 "First Alarm": means the first fire apparatus or group of apparatus to be
dispatched to an emergency scene, based on predetermined response procedures.
3.5 "Incident Commander": means and refers to the fire department officer or
member in charge of any incident to which there is a "Fire and Life Protection Service"
response, pursuant to this Agreement.
3.6 "Mutual Aid Response": means and refers to responses made under the terms
of the Ada County Fire Chiefs Mutual Aid & Disaster Protection & Assistance
Agreement.
3.7 "Second or Third Alarm": means the second or third fire apparatus or group of
apparatus to be dispatched to an emergency scene, based on predetermined response
procedures.
SECTION 4. TYPES OF SERVICES:
4.1 This Agreement allows the fire departments of the Parties to furnish to the other,
in the areas designated and set forth in Exhibit A of this Agreement, customary fire
department services including, but not limited to, response to medical emergencies,
1:ILEGALDOCIRESO.ORD\2DD1\RES02001 IMERJDfANMA2.WPD.AGR
fires, hazardous materials incidents, aircraft incidents, and other emergency incidents to
which the fire departments of the Parties may, from time to time, be summoned.
4.2 Each of the parties hereto agrees to attempt to furnish to a requesting party such
assistance as the requesting party may deem reasonable and necessary to successfully
abate an emergency in the requesting party's jurisdiction. Provided, however, that the
party to whom the request is made shall have, in its discretion, the right under this
agreement to refuse such a request if sending such assistance may lead to an
unreasonable reduction in the level of protection within its jurisdiction or presents a
circumstance of unreasonable risks of harm and/or danger to personnel and/or
equipment.
4.3 The parties hereto agree that they shall operate in conformance with the Incident
Command System. In the event of a declared emergency or disaster such incident
management shall include record keeping functions so as to document all activities
performed under this agreement including but not limited to the scope and context of
personnel and equipment committed, operating times, out-of-pocket expenses, and
other costs which, but for their response under this agreement, would not have
otherwise been incurred.
4.4 Each of the parties hereto shall at all times be responsible to its own employees
for the payment of wages, and other compensation. Each party shall be responsible for
its own equipment and shall bear the risk of loss therefore irrespective of whether or not
said equipment and personnel is being used in fighting of fire within its area of primary
responsibil ity.
4.5 All parties providing Automatic Aid Response assistance pursuant to this
Agreement outside of their assigned service areas, will perform medical treatment using
the pre-hospital patient care protocols issued and approved by the Ada County EMS
Medical Director.
SECTION 5. ADMINISTRATION:
5.1 For purposes of the administration of this Agreement the Chief of each of the
"Fire Departments" of the Parties to this Agreement or their designee shall serve as the
"Co-Administrators" of this Agreement. The "Co-Administrators" shall meet as a Joint
Board to review the Agreement whenever requested by the Fire Chief of any party to
this Agreement. Such meetings shall take place within 20 days from the date a request
is received by a party.
SECTION 6. EXCLUDED SERVICES:
6.1 No Party shall be responsible for fire code enforcement, the maintenance of fire
1:\LEGALOOC\RESO.ORD\200 1\RES02001 \MERI DIANAAA2.WPD.AGR
hydrants, conducting of fire investigations, or the handling of citizen complaints outside
of their respective governmental boundaries by reason of the terms of this Agreement,
as such services are and will remain the responsibility of the Party having jurisdiction of
the particular area.
SECTION 7. RELATED SERVICES:
7.1 The Co-Administrators are to ensure that ongoing, cooperative training between
the Parties' personnel occurs as needed. The Co-Administrators shall ensure the timely
exchange of information pertaining to emergency incidents, water sources, fire hazards,
street closure and/or changes, communications matters, assignment and use of incident
commanders, pre-fire plans, and other information of mutual value to fire department
personnel operating within the automatic aid areas. The Co-Administrators agree that
purchases of equipment and supplies shall be reviewed as needed for compatibility.
Whenever joint purchasing of such items is found to be mutually beneficial to and
financially feasible for the Parties to this Agreement, such purchasing may be pursued.
SECTION 8. COMPENSATION FOR SERVICES PROVIDED:
8.1 There shall be no monetary compensation exchanged between the Parties for
services provided. The parties will exchange services as specified in Exhibit "A" of this
Agreement.
8.2 It is mutually agreed and understood that this Agreement shall not relieve any
party of responsibility for services within its own area, nor does this Agreement create
any right or obligation to third persons by any party which would not exist in absence of
this agreement.
8.3 It is agreed that this agreement for Automatic Aid Response Services shall
constitute the sole consideration for performance hereof and that no party shall be
obligated to reimburse any other for the use of equipment or manpower. During the
course of rendering aid the equipment and manpower of each party shall be at the risk
of that party. Each party hereto shall protect its personnel performing under this
agreement by adequate protective equipment.
8.4 In the event of a Presidential Disaster Declaration or invocation of the
Conflagration Act and/or in circumstances provided for by Idaho Law, this Agreement
will not preclude the parties from seeking reimbursement from responsible parties.
SECTION 9 WORKERS COMPENSATION:
9.1 Each party to this Agreement agrees to provide workers compensation insurance
coverage to each of its employees, and recognizes that although overall incident
command supervision will usually be provided by the jurisdiction in which the incident
1:ILEGALDOCIRESO-ORD\2001IRES02001IMERIOIANMA2.WPD.AGR
occurs, supervision of individual employees will be provided by their regular
supervisors. The intent of this provision is to prevent the creation of 'special employee'
relationships under Idaho worker compensation law.
SECTION 10. TERM OF AGREEMENT;
10.1 This Agreement shall commence on the date hereof and end at midnight on the
31 st day of December, 2003, unless otherwise terminated by a Party pursuant to
paragraph 10.3 hereinbelow.
10.2 The Co-Administrators shall meet no later that 1 sl day of September, 2003 to
discuss a successor agreement.
10.3 Any Party desiring to terminate this Agreement must provide a minimum of sixty
(60) days prior written notice of the intent to terminate this Agreement, which notice
shall be delivered via U.S. Mail, Certified Mail/Return Receipt Requested, to the Parties
at the addresses provided in Section 10 of this Agreement.
SECTION 11. 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:
11.1
Mayor Robert Corrie
City of Meridian
33 East Idaho Avenue
Meridian, Idaho 83642
11.2
Chairman Rich Greene
Meridian Rural Fire Protection District
540 E. Franklin Road
Meridian, Idaho 83642
11.3
Chairman Paul Henning
Whitney Fire Protection District
P.O. Box 190270
Boise, 1083719-0270
11.4
Mayor H. Brent Coles
City of Boise
150 N, Capitol Blvd.
Boise 10 83702
1:llEGAlDOCIRESO.ORD\2001IRES02001IMERIDJANMA2,WPD,AGR
SECTION 12. INDEMNIFICATION:
12.1 The Parties agree that each governmental entity shall save, hold harmless, and
indemnify the other, its officers and employees from any and all liability or loss
whatsoever occasioned by the provision of services contemplated by this Agreement in
the agreed to areas of response or assistance as described in Exhibit A and not
caused by the gross negligence or intentional misconduct of the other, its officers or
employees.
SECTION 13. SEVERABILITY:
13.1 In the event that any court of law rules any provision of this Agreement contrary
to public policy or the terms of any such legislation or if any provision is otherwise held
to be unenforceable, the remaining provisions of this Agreement shall nevertheless be
enforceable and effective.
13.2 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.
IN WITNESS WHEREOF, the parties have herein executed this Agreement and made it
effective as herein above provided.
DATED AND SIGNED this
day of
,2002
CITY OF MERIDIAN
By:
Mayor Robert Corrie
ATTEST:
By:
City Clerk
MERIDIAN RURAL FIRE PROTECTION
DISTRICT
By:
Chairman Rich Greene
ATTEST:
By:
Secretary
1:\LEGALDOCIRESO-ORD\2001\RES02001\MERIDIANAAA2,WPD,AGR
...', . .'.-'"
\
t
~
f
f
f
i
ATTEST:
By:
WHITNEY FIRE PROTECTION DISTRICT
By:
ATTEST:
By:
Secretary Brenda Marcum
Chairman Paul Henning
CITY OF BOISE
By:
City Clerk Annette Mooney
BY COUNCIL RESOLUTION NO:
1:\LEGALDOC\RESO.ORD\2001IRES02001\MERIDIANAM2.WPDAGR
Mayor H. Brent Coles