Loading...
HomeMy WebLinkAboutAddendum to Agreement with Meridian Rural Fire for Firefighting and Life Preservation Contract and Joint Power Agreement(2) ~ ~ ADDENDUM TO THE CITY OF MERIDIAN / MERIDIAN RURAL FIRE PROTECTION DISTRICT FIREFIGHTING AND LIFE PRESERVATION SERVICE CONTRACT AND JOINT EXERCISE OF POWER AGREEMENT WHEREAS, on September 22, 1998, the Meridian Rural Fire Protection District (the "Fire District") and the City of Meridian ("Meridian") entered, effective October 1, 1998, into a certain joint powers agreement, as authorized under Idaho law, entitled "City of Meridian/Meridian Rural Fire Protection District Firefighting and Life Preservation Service Contract and Joint Exercise of Power Agreement" (the "Joint Powers Agreement"); and WHEREAS, the Joint Powers Agreement memorializes the working and financial relationships that existed between the Fire District and Meridian, and under which the Fire District and Meridian operated for decades prior to October 1, 1998; and WHEREAS, since October 1, 1998 the Fire District and Meridian have continued their working and financial relationships, under the Joint Powers Agreement, to their mutual benefit, providing cost effective, efficient and timely services for the protection of their respective residents' property against fire and for the preservation of life; and WHEREAS, pursuant to Idaho Code gg 67-2326 through 67-2333, Meridian possesses the power to exercise and enjoy jointly its powers, privileges and authority corresponding to the powers, privileges and authority of the Fire District, to include, not by way of limitation, entering into an intra-agency agreement with the Fire District to provide the Fire District's residents services to protect property against loss by fire and to protect life; and WHEREAS, pursuant to Idaho Code ~ 31-1430, the Fire District possesses the power given to political subdivisions of the state of Idaho, as set forth in Idaho Code ~S 67-2326 through 67-2333, to exercise and enjoy jointly its powers, privileges and authority corresponding to the powers, privileges and authority of Meridian, to include, not by way of limitation, entering into an intra-agency agreement with Meridian for Meridian to provide the Fire District's residents services to protect property against loss by fire and to protect life; and WHEREAS, pursuant to the constitution and the laws of the state of Idaho, Meridian possesses the power and authority to provide services to protect its residents' property against fITe and for the preservation of life; and WHEREAS, Meridian's power and authority to provide services for the preservation of life includes, not by way of limitation, the right to provide ambulance service and emergency medical treatment to the residents of Meridian; and ADDENDUM TO THE CITY OF MERIDIAN / MERIDIAN RURAL FIRE PROTECTION DISTRICT FIREFIGHTING AND LIFE PRESERVATION SERVICE CONTRACT AND JOINT EXERCISE OF POWER AGREEMENT Page 1 of4 WHEREAS, pursuant to Idaho's Fire Protection District Law, Idaho Code S ~ 31- 1401 et seq., the Fire District possesses the power and authority to provide services to protect its residents' property against fire and for the preservation of life; and WHEREAS, the Fire District's power and authority to provide services for the preservation of life includes, not by way of limitation, the right to provide ambulance service and emergency medical treatment to the residents of the Fire District; and WHEREAS, as authorized and permitted under Idaho law, specifically including Idaho Code gg 31-1430 and 67-2332, the Fire District and Meridian contract, under the Joint Powers Agreement, specifically Section 10.1 thereof, for Meridian to provide to the Fire District's residents "Fire and Life Protection Services" as that phrase is defined in the Joint Powers Agreement; and WHEREAS, integral to Meridian's contract to provide to the Fire District's residents "Fire and Life Protection Services" under the Joint Powers Agreement, inclusive of the working and financial relationships of the Fire District and Meridian, is Meridian providing to the Fire District's residents all the services Meridian provides to its residents for the protection of property against fire and for the preservation of life; and WHEREAS, the Fire District and Meridian desire to acknowledge, confirm and memorialize clearly that Meridian's contract to provide to the Fire District's residents "Fire and Life Protection Services" under the Joint Powers Agreement, inclusive of the working and financial relationships of the Fire District and Meridian, specifically includes Meridian providing to the Fire District's residents all the services Meridian provides to its residents for the protection of property against fire and for the preservation of life; and WHEREAS, Meridian and the Fire District determine it appropriate to enter into this addendum to the Joint Powers Agreement to acknowledge, confirm and memorialize clearly that Meridian's contractual duties and obligations to provide to the Fire District's residents "Fire and Life Protection Services" under the Joint Powers Agreement, inclusive of the working and financial relationships of the Fire District and Meridian, specifically includes Meridian providing to the Fire District's residents all the services Meridian provides to its residents for the protection of property against fire and for the preservation of life, and othervvise confirm and affirm between Meridian and the Fire District the Joint Powers Agreement, including all such other duly executed addenda, amendments and modifications heretofore made to the Joint Powers Agreement by and between the Fire District and Meridian; NOW, THEREFORE, in consideration of the foregoing recitals, considerations and purposes, and other good and valuable consideration, the receipt of which is hereby ADDENDUM TO THE CITY OF MERIDIAN / MERIDIAN RURAL FIRE PROTECTION DISTRICT FIREFIGHTING AND LIFE PRESERVATION SERVICE CONTRACT AND JOINT EXERCISE OF POWER AGREEMENT Page 2 of 4 . " acknowledged by the Fire District and Meridian, the Fire District and Meridian hereby acknowledge, confirm, affirm and agree as follows. 1. Fire and Life Protection Services. Pursuant to Section 2.9 of the Joint Powers Agreement, the phrase "Fire and Life Protection Services" means and refers to: [T]he 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". For purposes of this addendum and the Joint Powers Agreement, and the power and authority respectively possessed by the Fire District and Meridian to provide services to protect its respective residents' property against fire and for the preservation of life, inclusive of their authority and power to enforce any of the fire codes and other rules that are adopted by the state fire marshal pursuant to Chapter 2, Title 41, Idaho Code and to enter into an intra-agency agreement for Meridian to provide the Fire District's residents services to protect property against loss by fire and to protect life, the above quoted meaning and reference of the plrrase "Fire and Life Protection Services" is hereby supplemented to mean and refer to all the services Meridian provides, and may hereafter provide, to its residents, including all residences, property, persons and entities found within the city limits of Meridian, for the protection of property against fire and for the preservation of life, including, not by way of limitation, ambulance service, emergency medical treatment, and the enforcement of the fITe codes and other rules that are adopted by the state fire marshal pursuant to Chapter 2, Title 41, Idaho Code. The Fire District and Meridian expressly and specifically intend the plrrase "Fire and Life Protection Services" in the Joint Powers Agreement to mean and refer to the exercise, presently and hereafter, of any and all powers, privileges and authorities granted by Idaho law to both the Fire District and Meridian to provide governmental services and functions to protect and for the protection of property against fire and to preserve and for the preservation of life. 2. Contract Services. Section 10.1 of the Joint Powers Agreement is hereby supplemented to provide that during the term of the Joint Powers Agreement, Meridian shall provide to the Fire District's residents, including all residences, property, persons and entities found within the boundaries of the Fire District, all the Fire and Life Protection Services Meridian provides to its residents, including all residences, property, persons and entities found within the city limits of Meridian. Further, during the term of the Joint Powers Agreement, Meridian shall also provide all such Fire and Life Protection Services to all persons and entities with whom the Fire District has agreed to provide ADDENDUM TO THE CITY OF MERIDIAN / MERIDIAN RURAL FIRE PROTECTION DISTRICT FIREFIGHTING AND LIFE PRESERVATION SERVICE CONTRACT AND JOINT EXERCISE OF POWER AGREEMENT Page 3 of 4 such services by mutual aid agreement, or by contract between another fire protection district, municipality or individual property owner outside the city limits of Meridian and the boundaries of the Fire District; provided, however, such mutual aid agreement or contract between another fire protection district, municipality or individual property owner outside the city limits of Meridian and the boundaries of the Fire District has been approved by both the Fire District and Meridian. 3. Confirmation and Affirmation of the Joint Powers Agreement. All terms, provisions, covenants and agreements set forth in the Joint Powers Agreement shall remain and be the same, except for the supplementations made by the terms and provisions of this addendum and such other duly executed addenda, amendments and modifications heretofore and hereafter made to the Joint Powers Agreement by and between the Fire District and Meridian. The Fire District and Meridian confirm and affirm all terms, provisions, covenants and agreements set forth in the Joint Powers Agreement as modified by the supplementations made by the terms and provisions of this addendum and such other duly executed addenda, amendments and modifications heretofore made to the Joint Powers Agreement by and between the Fire District and Meridian. IN WITNESS WHEREOF, the parties have herein executed this addendum. DATED AND SIGNED this Z3':.!-dayof V~ ,2007. City of Meridian Attest: By: (~2~-07 ,cJ :7 -60 / c) ADDENDUM TO THE CITY OF MERIDIAN / MERIDIAN RURAL FIRE PROTECTION DISTRICT FIREFIGHTING AND LIFE PRESERVATION SERVICE CONTRACT AND JOINT EXERCISE OF POWER AGREEMENT Page 4 of 4