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HomeMy WebLinkAbout1998 09-22 ( ( \ MERIDIAN CITY COUNCIL AGENDA SPECIAL MEETING TUESDAY, SEPTEMBER 22, 1998 7:30 P.M. ROLL CALL: X RON ANDERSON )( CHARLIE ROUNTREE X' GLENN BENTLEY X KEITH BIRD X MAYOR ROBERT CORRIE JOINT MEETING WITH MERIDIAN RURAL FIRE DISTRICT 1. JOINT POWERS AGREEMENT WITH MERIDIAN RURAL FIRE PROTECTION DISTRICT: DISCUSSION AND/OR POSSIBLE APPROVAL - QtFI'h:7v..e-- lZes~/P7o-> #/73 - t:iClprOVlZ AS PER IDAHO CODE SECTION 67-2342 (2) - DECLARE AN EMERGENCY EXECUTIVE SESSION TO DISCUSS IDAHO CODE SECTION 67-2345 (F & D) TO CONSIDER ADVISE FROM LEGAL COUNSEL AND CONSIDER RECORDS EXEMPT FROM DISCLOSURE. 2. AUTHORIZE AGREEMENT TC-97-1 ~VU<--' ( ( MERIDIAN CITY COUNCIL SPECIAL MEETING SEPTEMBER 22. 1998 The special meeting of the Meridian City Council was called to order by Mayor Robert D. Corrie at 7:30 p.m. MEMBERS PRESENT: Ron Anderson, Keith Bird, Charlie Rountree, Glenn Bentley. OTHERS PRESENT: Robert Corrie, Will Berg, Bill Gigray. (Inaudible) Gigray: I acknowledge that Mr. Fitzgerald is here as well as he represents the Meridian Rural Fire District. This proposed draft for you consideration of the agreement with the Rural Fire Protection District is a compilation of a serious of negotiations over the past roughly two months. We have initiated a draft which you will recall we (inaudible) the council on early on in August and the were given authority to distribute that the fire district and John and (inaudible) has reviewed has reviewed that with his commission. They made a number of suggestions of appropriate changes to the agreement. We have incorporated those into the agreement and I would say that there have been a series of fine tunings of this agreement as we've gone back and forth and this last draft was prepared on Friday the 18th. There are some underlinings here in the copies that you have. That is just to highlight the additions and some of these are more dramatical as anything else such as insuring the quotation marks are around words that are defined in the agreement and there was like the word of on section 4.2 was originally typed or and those kind of changes. There was a reference still to an appraisal regarding the real property which is deleted because we now longer have an issue with regards to the Rural Fire District's ability to meet the '97 '98 budget so there is a scratch through there and of course we will request the right to substitute those pages to get rid of those underlines but we wanted to make sure (inaudible) understood what the last (inaudible) was. An overall view of the proposed agreement first of all we will try to provide some definitions that will provide meaning throughout the agreement so that it would be a little easier to read. It's one of these things where it's good and it's bad as it makes a little longer reading in the beginning, but hopefully when you get through it, it's helpful so when you see these terms throughout the agreement this is how they are defined and we felt that the terms that are included here in section two in these definitions have relevance to the major provisions of this agreement. And I'll get back to those as we go through. Section three is basically a recitation a recital of the powers and the intentions of the parties. We like to include these in agreements so that we're always paying attention to the fact that we have authority to do what we're proposing to do and why are we doing it so that that is a deliberate thought process as you go and enter into any negotiation. Both sides have given that clear deliberation and so in this instance we talk about why the fire district was formed, what authority it has, what the City of Meridian's authority is as it relates to this particular realm of fire fighting and life services and these sections are really taken out of provisions of the Idaho Code that pertain to the authority of these two government subdivisions. A reference here to the Rural Fire District law and the authority there you'll see in 3.13 and a remembrance ( Meridian City Council Special Meeting September 22, 1998 Page 2 here in 3.14 that you have engaged in joint operations in the operation of the fire department in the past and the fact the city has purchased various equipment. That the fire district has purchased various equipment, and the fact in 3.17 of that you have jointly employed the employees and jointly overseeing the department and that you have operated on a formula up through the fiscal year of 1997-98 for the operations of this particular department on an equal basis and of course the next recitation here discusses the relative population sizes and proximity and so on as being one of the driving forces as to why it was necessary to relook at the arrangement that had gone on in the past which I believe is pretty operated on an oral agreement between the parties. And so this discusses the growth and the anticipation of the growth of the city and so on. And then we proceed through here with regards to the operational methods by which the 1997-98 budget was agreed upon and appropriations were made and the reason that this recitations here and the next couple of these is the effect that this agreement as it take effect will deal with fiscal year 98-99 not with fiscal years 97, 98 and past and so we try to make that clear in the recitals of this agreement. In 3.12 we try to recite the authority here that the parties have under a joint exercise of power agreement provisions of the Idaho Code and the fact that we have entered into negotiations and it's advisably determined by both parties to enter into the agreement and it's in their best interest. So now the setup of the agreement from this point forward is kind of line and uses headings which are in the Idaho Code in relationship to joint exercise of power agreement so we try to follow those when we put these agreements together to ensure that we're within the provisions of that part of the code so we talk about duration. This is an annual agreement with the renewal term provided in it and this of course coincides with fiscal years, and the idea of that is the fact that fiscal year planning is really the most driving force for these types of agreements and the idea here would be that as the parties that renew this agreement are considering (inaudible) that needs to be tied to the consideration of the fiscal year budgets. And so anyway the term of the agreement is around that time period. No separate legal entity is created. We need to be clear that we're not creating some kind of joint agency or any kind of independent legal entity under law. The purpose of the agreement this seems is a little bit duplicative of section three but it tries to set out in shorter form here some of the specific purposes of the agreement is to establish and it's important to establish the existing ownership interest in the real property, the fire fighting equipment and vehicles. And to provide for the use, operation and ownership of real property and additional real property because it's anticipated there would be potential of obtaining additional real property and fire fighting equipment and so on and to provide a method by which the fire department budget is adopted and the amounts established and of course as you will see there are specific provisions and sections in this agreement dealing with that subject and the idea of the agreement overall is to provide a mechanism where the administrator of the agreement which is provided here which will be the Chief of the department communicates on a regular basis with the commission of the rural fire district and one of the of course important aspects of that is the development of the budget and this agreement provides for that type of communication and it provides for ( ( Meridian City Council Special Meeting September 22, 1998 Page 3 the affirmation by the fire district of it's obligations for the 1997-98 fire department budget. As you well know the fire district has proceeded very affirmatively to do that and all of the actions that they have taken and have given every assurance that they are totally on board with that obligation and have as I understand it operationally provided for a mechanism by which they will be able to meet that obligation as part of the normal billing process that will be accomplished in the future. Now the financing and budget portions of this agreement are set forth in section 7 and I think this is an important part of the provision. It talks about annually the administrator and this will be the fire chief (inaudible) to be developed for the following fiscal year a budget and one of the first sections talks about input, comment and directives from both the city and the fire district outlining the directions, objectives and goals of the fire department for the following fiscal year and for a reasonable period thereafter and the reason for that and Ron can tell you and I'm sure you all know a good fiscal planning requires goal setting and if you are looking at capitol expenditures that are of any significance where you're looking at an increase in manpower and other things that would drive up a service fee cost which this is set up to do. Planning is very helpful. My experience in working with in a very similar situation with the City of Caldwell and the Caldwell Rural Fire District and I've been involved in that for I'd say close to fifteen years. There have been times depending economics and in terms of growth and otherwise there were going to be significant budget demands that would come about at different years and we always got very good advice from the Chief ahead of time and the commission in that situation I think has worked very well over the years and they're still a step behind you because they're still operating under an oral agreement, but they have been able to fiscally plan for those expansions for additional manpower. They've been kept advised with regards to employee negotiations and so on. That's part of the idea of this section and I think an important part of it. We provide for in section 7.12 an operations budget for the fire department which shall include as appropriate the following items and it says as appropriate and then provides for some leeway and we understand that through time line items may change. But the idea here is to ensure that that budget is going to include some of the significant items that have been characteristic in the past and those are all listed here in this section. Now it's divided into two parts because in 7.13 we talk about a capitol outlay expense budget as needed for facilities, major equipment or vehicles which may include and consist of any and all of the following items and of course major equipment is defined here as anything exceeding $2500 and real property of course you know what that is. But that would be separately listed because there are circumstances we understand and there's a default provision in this agreement that the formula for the purchase of those items would be based on the formula that drives the percentage of the budget that's paid in the service fee to the Rural District, but this agreement also provides that by separate agreement can be reached for each one of those items. So that's always a stop, look and listen item in this budget process under the terms of this agreement in the future so that if there's a proposal to purchase real property, if there's a proposal to purchase major equipment, it's separately lined out and then we craft what is the deal here with who is going to pay for what of that particular (- Meridian City Council Special Meeting September 22, 1998 Page 4 item and it will also be important in terms of keeping track of who owns what percentage of that item in the future after it's purchased. We have the - the budget is prepared. It should be delivered to the commission not less than 90 days prior to the date that the fire district budget must be certified to the Ada County Clerk and the reason for that is so that they have some time to review and make comment on that and then the commission has 30 days within which to comment on the proposed budget and to provide those in writing to the City. In the event of a dispute as to reasonableness of the proposed budget and we discussed the fact that there may be need to have some kind of reference at this point as to what is going to be the driving factor to resolve any disputes over what the budget is and that is that they'll have at least one meeting and the purpose of which is to reach a compromise and it shall be reached no later than 30 days prior to the date that the parties budget request must be certified to the county and has to provide you with the time so that you can advertise a budget as you have to do under law prior to its adoption and certification to the clerk. Now disputes regarding the budget amounts is a commitment on the part of both of the parties we recite in this agreement to provide fire and life protection services at a level at least equal to the average providence of those services by professional departments of cities excepting the City of Boise and Rural Fire Protection Districts in Ada and Canyon Counties in kind of a standard by which that is judged. In the event an operations budget isn't timely reached, the parties may elect to give notice of termination of the agreement and that's a safety valve provision so that in the event there's a loggerhead over a budget amount then we don't get into a situation where from the city's standpoint you get into a budget year where the Rural Fire District isn't committed to meet that budget or won't meet it and you have to advertise that budget and expend those monies in the next fiscal year as you can end up with a shortfall for a potential as to how you would meet that budget. On the other hand, they would be in a situation where we have a contractual obligation that obligates us to expend monies beyond what we are committed to do and it also recognizes the authority of the commission as well as the city council to be masters over their own house and their own budget within any fiscal year. And that's what that provision is about. The operations and capitol outlay budget shall be funded by tax collections and other revenues available to the parties by agreement which is legally eligible for the expenditures and so on. Section 8 is the contract service fee and that is what the essence of this agreement is this is a contract by the Rural Fire District with the City of Meridian to provide fire and life saving protection services within the district. Then in section 8.2 is the method by which that contract service fee is calculated and this was - these were provisions which as I remember when Ron came in to discuss this with me originally were items that had been discussed and negotiated as being recognized as being fair and equitable measures for determining what that fee should be so we have the gross market value, the valuation percentage of the district divided by the total gross market value of both the district and Meridian as appears on the tax rolls of Ada County. We have the population percentage factor which is next and this can be done annually and then we have market valuation figures as to - coming from the Ada County Assessor's office each year and the population figure shall be based on (' (- Meridian City Council Special Meeting September 22, 1998 Page 5 most recent census adjusted by either Ada County Planning a demographic reporter by an annual demographer's report, and so those will be current information. The parties agree that the method provide and for determination of the contract service fee will be a method by which payment will be made for any item determined and included need in the capitol outlay expenditure budget unless a separate agreement is in writing and that was the point I was making earlier that the agreement provides a (inaudible) provision but there can be a separate agreement and is recognize reads with regards to capitol outlay and it was anticipated that general operating budget would go through on one thing, capitol outlay could be quite a different matter depending on what's going on. So this provides for that kind of flexibility in this arrangement. The payment of contract service fee is going to be fashioned much like it is now. The fire district is invoiced on a monthly basis for that fee. That's what is going on at this time. And then the actually incurred for the capitol outlay expenditures when theirs are due and payable is when those will be billed and when they're actually expended. And included in the items will be the operations and the capitol outlay expenditures so those will be separately invoiced and then the fire district remits within 30 days of the date of the invoice. It says for capitol outlay expenditures are not funded in one fiscal year, there are specific revisions in the Idaho Code and I think the fire district law is even better than the municipal law. It says that they can make those allocations and put them in capitol outlay expenditures and carry them over from one year to the next. And not be worried about having to show them as general carry over funds and putting them back into the general budget. And this also allows for planning in this budget for capitol outlay expenditures because in many instances you're going to have to plan two or three years down the road to acquire those funds. Now the next revision is to try to make this agreement flexible and if contingencies come up that things come up rather than having to be on a big rush about what's going to happen if this happens let's just agree how it will be handled if it happens ahead of time and so everybody knows and so the potential for the fire district is that you could consolidate with another rural fire district and in the event the fire district seeks to consider to do something in that light it gives the city 90 days written notice and to the administrator and to the city and of course the city has an opportunity to comment on that. In the event a consolidation is effect prior to the termination of an agreement and that could happen this agreement is clear that Meridian City's responsibility to provide fire and life protection services is limited to the boundaries of the existing Rural Fire District now. It wouldn't all of a sudden be obligated to provide outside of what the present boundaries of that district are. During the term of the agreement and this is an important consideration as far as the fire district is concern is that they are contracting for services to be provided and that's fire and life protection services and we're using words that are in the Idaho Code the property owners and residents found within the boundaries of the fire district and any person or entities whom the parties to the agreement have contracted to provide services either by mutual aid or contract between other fire protection districts or city departments and in fact we're in a consideration of one right now involving some of the neighbors of these districts and this requires both parties to sign and the reason for that is number ( ( Meridian City Council Special Meeting September 22, 1998 Page 6 one it's going to look kind of crazy if you've got a mutual aid agreement and I've been involved with those both from the state level and also inter-county and Canyon County and we did the agreement with the state on the hazmat over there in Canyon County. If you have a district that is responsible for providing the services that hasn't signed on the agreement, we've got another jurisdiction signing for that jurisdiction. And it also is a safety valve for both the city and the rural fire district that nobody is getting into any agreements that are going to require potential manpower and services and aid without the other knowing it about the other to do it. The agreement is not be construed or intended to waive any right of the fire district may have to charge a fee for life and protection services, but the same is provided for in the fire district law and there are specific provisions for that and as well as for the city which works to both advantage and the idea of this provision is so that some patron or someone who might be subject to such charge come in and say well the fire district is in a service fee agreement with the city. They don't actually do this themselves so we don't have to pay. Section 11, it is important as we - Anderson: (Inaudible) Gigray: Both the city and the fire district so it would be an agreement that you already- Anderson: (Inaudible) Gigray: Let me tell you where this is likely to happen. We have a contract service with the Caldwell Rural Fire District which the Caldwell City responds to because they are in the same situation as you are with the housing authority. As you recall the housing authority has a very large facility that's on (inaudible) anyway it's on a road that's to the west of the interstate and that's about a $5,000 or $6,000 a year contract. It's a contract service because it's a - you know it's not in the district and sometimes you can reach agreements and it maybe to mutual interest to reach an agreement if you have a hole out there where there's no service provided or you provide it by some kind of contract. Anderson: (Inaudible) If the Meridian Rural merges with another fire department- Gigray: That's covered under another section. Anderson: (Inaudible) those areas so if they did a merger with all the (Inaudible) you would have no choice to (Inaudible) into that or both parties have to agree with that. If they don't agree with that (Inaudible). Gigray: Well, you elect to terminate it's (Inaudible) but section nine is the one that deals with consolidation. That's the only way that the fire district is ever going to merge with any other jurisdiction. (' Meridian City Council Special Meeting September 22, 1998 Page 7 (Inaudible) Gigray: It says, during the term of the agreement, I'm just going to read it if that's okay, just to clarify "Meridian shall provide fire and life protection services to residents, property and persons found within the boundaries of the fire district and shall also provide such services to any person or entity with whom the parties to this agreement have contracted with to provide such services, we're talking about a contract to provide services to some other entity, not a consolidation or a merger with another legal added. (Inaudible) Gigray: With or to provide such service either by mutual or aid, or by contract, between other fire protection district or city fire department or individual property owners outside of the district, so long as the agreements have been approved by both fire district and Meridian. Anderson: (Inaudible) Gigray: No, it's a contract. Bird: This is a contract Ron like (inaudible). They contract with the fire district (inaudible). That's a contract. Anderson: All they have to do is sign a contract with another fire district. Gigray: Well you are not obligated because you haven't agreed, the City of Meridian says we don't agree and so they've entered into a contract to provide services. They may be in default because you are not obligated to provide it unless you agree to do it. (Inaudible) Fitzgerald : (inaudible) (Inaudible) Gigray: But this agreement provides that you're operational that you're in control of the trucks. They are not going to come down and drive them. (Inaudible) Gigray: What the Rural Fire District I mean it or even the city is only become obligated to provide fire protection service. Either it's going to consolidate with some other district (inaudible). If it were going to merge with the city in some way, it really would need to (~ Meridian City Council Special Meeting September 22, 1998 Page 8 be incorporated within the city and then it would default into a city department. That isn't something that is of any concern to this particular impact area (inaudible) so that's just (inaudible) consideration so this agreement is (inaudible) deal with what their authority would be Of vice versa and it seems like what's good for the goose is good for the gander. The city went out and obligated itself for a lot of contracts to provide services that could affect an operational budget and the rural fire district might (inaudible) so it's a two way street. Existing property ownership this is of course tied to the definitions that you see here which refer or defined back in section two and this is the one that you get to back and forth on because you go back to section two and then you get to go to the exhibits. Of course there has been a considerable amount of attention paid and I'm glad that there has been and there are some reference with footnotes in here which you can see with some billing issues that will come about in the 1998-99 fiscal year and those are specifically referenced in Exhibit A and B. And you can peruse through those. The lists and exhibits showing how those properties what are owned by the city or fire district or jointly owned. (Inaudible) Gigray: And I'm going to ask your assistance if that's agreeable. (Inaudible) Gigray: Either that or you've got more BMW's than anybody I ever saw. (Inaudible) Bird: In 1975 you bought one tank. The (inaudible) is one tank. That is five tanks? That can't be. Anderson: Let me clarify. On some tanks there is no year on it so all of these (inaudible) Bird: Each one of these numbers is an individual tank. (Inaudible) Gigray: It's my understanding I mean these exhibits have been sent to John and he has circulated them of the commissionefs and has made some suggestions about some corrections in that and so (Inaudible). (Inaudible) ( ( Meridian City Council Special Meeting September 22, 1998 Page 9 Gigray: And that's a very good point. (Inaudible) think we had one truck that was about 20 years older than (inaudible) suppose to be. We had some good questions and we actually found out they were folding chairs, so it's been a learning experience. (Inaudible) Gigray: Section 12 deals with the existing obligation and this is basically an affirmation of (inaudible) obligation as has been discussed and we have provided some language that will be included in the invoice. There are some contingent liabilities concerning fiscal year 97, 98 and past. Of course this agreement deals with future fiscal years and affirmation of those former obligations. Contingent means that it may come about or it may not. But if it does and one of them has to do with a potential issue with regarding wages that would occur in prior fiscal year (inaudible). The maintenance of fire fighting equipment of vehicles and real property ( inaudible) has to be operational and so this agreement provides that that's going to be a responsibility of the city to do that commencing October 1. And then there's provides that the maintenance will be performed with manufacturing specifications, applicable state and federal laws and so on and the district reserves the right to request the city to meet obligations under this section and reserves the right in the event it has cause to provide maintenance of district equipment in accordance with the (inaudible) provision of this agreement so if they (inaudible) into a situation where the commission felt that the city was not adequately maintaining then they have to give us notice and go through that (inaudible). New fire fighting equipment, vehicles, additional real property, in the event this occurs it just says that the purchase or the replacement and the ownership shall be as follows in a percentage equal to the amount of the purchase price paid by the party of the agreement and this shall be determined by the amount set forth in the capitol outlay expenditure budget with adjustments for value of the sale of existing assets used directly for the purchase so if you trade something in, you know what your ownership is now and that's credited as to just how much the value that has to the purchase and then in accordance with the formula used. Now the administrator shall at all times keep the commissioners of the fire district informed and should consult with them from time to time on the need of future need to purchase new fire fighting equipment, additional real property and so on, and that's feally kind of flows with the provision about the capitol outlay expenditure budget and the information is provided by the administrator to the commission about budget planning. Operational needs and expenses, the city is responsible for maintaining appropriate (inaudible) personnel, equipment, furnishings, insurance and otherwise to maintain the department's functional level and the city is also to maintain and provide the fire district as an additional insured on all the operational liability casually loss insurance fidelity bonds and so on. Recognizing that the city is managing this and is the one that is in possession and in control and also recognizing that the fire district's interest in this and the equipment involved and so on. Meridian is responsible to keep the necessary records of performance. The head of the fire department is the administrator and so I don't know if Kenny will now be considered ( Meridian City Council Special Meeting September 22, 1998 Page 10 as administration but it will be a new title for the resume but it does require that terminology is in the Joint Exercise of Power Act. It talks about an administrator so we just use that term. Except for termination due to default either party desiring not to renew or terminate this agreement must provide written notice that the other party not later than the 15th day of October which shall terminate the agreement the first of October the following fiscal year and the idea is to allow a fiscal year plan to get ready for that eventuality if that ever occurs. Default is a failure of a party to perform a duty that they are required to under the agreement. The claim for default or breach of the agreement it requires a notice of the breach and a demand for the performance to be made. Notice of the breach under the provision shall specify in detail the claims and then there's 30 days to cure unless the default is the circumstance which we define here in the next section and then there's the provisions on how that notice is given. In the event that the default would cause immediate irreparable injury or damage or would result in the failure to perform a statutory duty upon the party then this allows them to act and then seek the default. In the event a party fails to pay an amount provided by the agreement, the non defaulting party shall be entitled to statutory interest and the date is due. In section 20.5 recognizing the history of the parties a specific performance shall be available to ensure that the provisions of the agreement covering the (inaudible) of real and personal property occurs and then section 20.6 in the event of default is approximate cause of additional damage (inaudible) anticipated as naturally resulting from the default is available in addition to other remedy and these are not unusual provisions or unusual concepts in terms of just general contract law. In the event default is not remedied, the non defaulting party may elect to terminate the agreement providing 60 days notice. Remedies provided shall be deemed cumulative so it could be if circumstances arose, a select one or any number of these if there were legal basis to do so. The next section, section 21, deals with the distribution of the property and the equipment if there's a non renewal or termination. If it's given the obligation of the parties under the agreement remains in the property and the equipment isn't distributed nor is there a secession of services until the effective date of termination. And then the contract services are to be paid that are due and payable. In the event that the agreement is terminated for reason of default the real property or additional real property and the fire fighting equipment and vehicles shall be a security for the performance of a defaulting party and the notice of termination shall state the amount claimed. In the event the agreement is terminated and there is any existing mutual commitment of the parties to purchase any personal property or additional real property then you're continued to be bound to do that. This was something to happen in the middle of a purchase one party can't just run away from it. Now the distribution rights concerning the real property is to provide for an exercise of an option providing for an appraisal of the value a 30 day notice on the exercise of the option which would be exclusive. Meridian has the first option and that expires then the district has that option. And the property has to be sold if it ends up being sold for at least appraised value or best offer over appraised value and (inaudible) procedures for the real property. (inaudible) and the rural fire district and we wouldn't want an agreement that would Meridian City Council Special Meeting September 22, 1998 Page 11 provide otherwise because you have certain statutory duties that you have to follow when you sell real property and so that's the real property as far as the jointly owned fire fighting equipment, Meridian has the first exclusive option to purchase the fire district's interest in this at the then appraised value and then that notice has to be given within 30 days and then the fire district has the second option and then after the first option expires in the event neither party exercises their option they may either agree to jointly operate and use the equipment or to (inaudible) and at least the appraised value or best offer over appraisal and in accordance with the laws governing. It says that any property purchased pursuant to these options they'll be valued and (inaudible) any obligation still owing on them if any and all property owned exclusively by a party shall be distributed to that party. Employees shall remain the employees and be subject to the management control of Meridian and then we have a section 22 talks about how option price procedure works in this instance. And there are some statutory provisions that govern this particularly with the fire district and so we try to follow that procedure and I've actually gone through this before. The three disinterested residents (End of Tape) Gigray: ... fire district equipment and we had an instance where we had to do this to sell a 1941 fire truck and another old model which (inaudible) but it actually worked fairly well. So anyway we followed that statutory provisions there and then the exercise of the option to purchase a interest of another party will follow and we follow the fire district law here as well as chapter 14 title 50 which governs the city along with the provisions of this section and in the event neither party exercises the option to purchase the property is jointly owned then it can be placed for sale and then bids are submitted and we've got a safety valve provision in here that either party could elect to meet the highest bid submitted if it were an acceptable bid. So it's kind of a safety valve. The general provisions this is a standard boiler plate type of language used in agreements that it constitutes the entire agreement. Failure to insist on (inaudible) a future performance in the event that part of it's found illegal it doesn't make the rest of it illegal. And those types of provisions governed under state law. The prevailing party is entitled to attorney fees. No amendments without it being in writing. We provide for two counter parts so they have an original the commission has an original as well as the city council. We have a section on where notice is sent and that when it is deemed to have been delivered as being (inaudible). (Inaudible) Gigray: I feel comfortable with it because I think the commission John has done an excellent job of reviewing this very carefully and it's one of those things where you're even more comfortable when they were finding things in the agreement that are at the grammatical level as telling you that not only are they considering content, but they are looking at the whole thing. And I you know I would defer to the Chief, Ron has been involved in this from the start. I would defer to what he has to say about it. I think it's an (r ( Meridian City Council Special Meeting September 22, 1998 Page 12 arrangement that's fair for both parties. I have a very firm belief that the best agreements are agreements that provide the benefit to both parties, and if you have an agreement that is one sided, it's not going to be an agreement that is going to last very long because somebody is going to feel the rub and this has been crafted with that in mind, fairness and (inaudible) what can happen (inaudible) foreseeable future and also is something that makes sense in terms of how you operated in the past. Which I think having historical (inaudible). Having a history of performance (inaudible). Anderson: (Inaudible). (Inaudible - Please refer to tape for record.) Anderson: Mr. Mayor I make a motion that we approve the resolution of the City Council of the City of Meridian setting forth certain findings (inaudible) authorizing the Mayor and City Clerk to (inaudible) on behalf of the municipality and agreement entitled City of Meridian, Meridian Rural Fire District fire fighting and life preservation service contract (inaudible) agreement (inaudible). (Inaudible) ROLL CALL VOTE: Anderson, yea. Bird, yea. Rountree, yea. Bentley, yea. MOTION CARRIED: All ayes. (Inaudible) Corrie: Okay we have one other thing I believe (inaudible). Anderson: I make a motion that we go into Executive Session. (Inaudible) Bird: So moved. Bentley: Second. Corrie: Motion made and second out of Executive Session. (Inaudible) Bird: Mr. Mayor I move that we authorize agreement TC-97-1 for the Mayor to sign and the (inaudible) to attest. Bentley: Second. (" Meridian City Council Special Meeting September 22, 1998 Page 13 Corrie: (Inaudible). MOTION CARRIED: All ayes. (Inaudible). Bird: I make a motion we adjourn. (Inaudible) MOTION CARRIED: All ayes. MEETING ADJOURNED AT 9:30 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) APPROVE: ('- ATTEST: / To: Mayor Corrie and City Council From: Angel Sims, Administrative Secretary CC: Shari Stiles, Gary Smith, Bill Gigray Date: 09/25/98 Re: Minutes of Special City Council Meeting held September 22, 1998 Due to technical difficulties in the recording process, I was unable to transcribe a full and complete transcript of the minutes from the special City Council meeting held September 22, 1998. If you have any questions please feel free to come by my office. If you want to listen to the tape, you will understand why I was unable to accurately transcribe the minutes. Thanks for your understanding, and I will try to get the problem corrected as soon as possible. . Page 1 RESOLUTION NO ( /13 BY: ;fo-n !lnderrJCr1v A RESOLUTION OF rl'HE CITY COUNCIL OF l'HE CITY OF MERIDIAN, SETTING FORTH CERTAIN FINDINGS AND. PURPOSES; AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN AND ENT~R INTO, ON BEHALF OF SAID MUNICIPALITY, AN AGREEMENT ENTITLED "CITY OF MERIDIAN/MERIDIAN RURAL FIRE PROTECTION DISTRICT FIREFIGHTING AND LIFE PRESERVATION SERVICE CONTRACT AND JOINT EXERCISE OF POWER AGREEMENT", CITY OF MERmIAN, GRANTOR. BE IT RESOL YED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDM{O: WHEREAS, it is in the best interests of the City of Meridian to enter into an agreement with MERIDIAN RURAL FIRE PROTECTION DISTRICT, organized and existing pursuant to Chapter 14 of Title 31 of the Idaho Code, denoted as "CITY OF MERIDIAN!1vIERIDIAN RURAL FIRE PROTECTION DISTRICT FIREFIGHTING A.ND LIFE PRESERVATION SERVICE CONTRACT AND JOINT EXERCISE OF POWER AGREEMENT" a copy of which is attached hereto marked as Exhibit "A" to this Resolution, the reasons and authority for which are as set forth in said Agreement. . NOW, r!'HEREFORE, BE IT RESOL YED BY rl'HE MAYOR AND CITY COUNCIL as follows: " RESOLUTION OF TIlE CITi OF MERIDIAN, AUTHORIZING CERTAIN FINDINGS AND PURPOSES, AUTHORIZING THE MAYOR AND CITY CLERK TO. SIGN AND ENTER INTO AN AGREEMENT WITH MERIDIAN RURAL FIRE PROTECTION DISTRICT - 1 ( /' ( ./ 1. The Mayor and Clerk are hereby authorized to enter into on behalf of the City of Meridian that certain agreement With MERIDIAN RURAL FIRE PROTECTION DISTRICT, organized and existing pursuant to Chapter 14 of Title 31 of the Idaho Code, entitled "CITY OF rvlERIDIAN/MERIDIAN RURAL FIRE PROTECTION DISTRICT FIREFIGHTING AND LIFE PRESERVATION SERVICE CONlRACT AND JOINT EXERCISE OF POWER AGREErvlENT" a copy of which is attached hereto marked as Exhibit "A" to this Resolution and to bind this City to its terms and conditions. PASSED BY THE COUNCIL OF THE CITY OF rvlERIDIAN, IDAHO, this 22~day of JefJ~./;bu . , 1998. . . APPROVED BY THE MAYOR OF THE CITY OF rvlERIDIAN, IDAHO, this22~ day of cf~h1-6-h ,1998. ATTEST: '\ RESOLUTION OF THE CITY OF l\ffiRIDIAN, AUTHrJRIZING CERTAIN FINDINGS AND PURPOSES, AUTHORIZING THE MAYOR AND CITY CLERK TO.SIGN AND ENTER INTO AN AGREE:MENT WITH l\ffiRIDIAN R"ORAL FIRE PROTECTION DISTRICT . 2 , , . ( CERTIFICATE OF CLERK OF THE CITY OF MERIDIAN I, the undersigned, do hereby certify: 1. That I am the duly appointed and elected Clerk of the City of Meridian, a duly incorporated City operating under the laws of the State of Idaho, with its principal office at 33 East Idaho, Meridian, Idaho. " 2. That as the City Clerk of this Cjty, I am the custodian of its records and minutes and do hereby certify that on the 22 ~ day of September, 1998, the following action has been taken and authorized: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF l\1ERIDIAN, SETTING'FORTH CERTAIN FINDINGS AND PURPOSES; AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN AND ENTER INTO, ON BEHALF OF SAID MUNICIPALITY, AN AGREEl\1ENT ENTITLED "CITY OF l\1ERIDIANIMERIDIAN RURAL FmE PROTECTION' . DISTRICT FIREFIGHTING AND LIFE PRESERVATION SERVICE CONTRACT AND JOINT EXERCISE OF POWER AGREEMENT", CITY OF MERIDIAN, GRANTOR. BE IT RESOLVED BY THE MAYOR AND COUNCIL OF ~l'HE CITY OF l\1ERlDIAN, IDAHO: WHEREAS, it is in the best interests of the City of Meridian to enter into an agreement with 1vlERIDIAN RURAL FIRE PROTECTION .. DISlRICT, organized and existing pursuant to Chapter 14 of Title 31 of the Idaho Code, denoted as "CITY OF 1vlERIDIAN/MERIDIAN . RURAL FIRE PROTECTION DISTRICT FIREFIGHTING AND LIFE PRESERVATION SERVICE CONTRACT AND" JOINT EXERCISE OF AGREEMENT" 8. copy of which is attached hereto marked as CERTIFICAlE OF CLERK OF THE CITY OF :MERIDIAN 1 / Exhibit "A" to this Resolution, the reasons and authority for which m;e as set forth in said Agreement. NOW, THEREFORE, BE IT RESOLVED BY rl~HE MAYOR AND CITY COUNCIL as follows: . 1. The Mayor and Clerk are hereby authorized to enter into on behalf of the City of Meridian that certain agreement with MERIDIAN RURAL FIRE PROTECTION DISTRICT, organized and existing pursuant to Chapter 14 of Title 31 of the Idaho Code, entitled "CITY OF . MERID IANIMERID IAN RURAL FIRE PROTECTION DISTRICT FIREFIGHTING AND LIFE PRESERVATION SERVICE CONlRACT AND JOINT EXERCISE OF POWER AGREEMENT" a copy of which is attached hereto marked as Exhibit ~'A" to this Resolution and to bind this City to its.terms and conditions. STATE OF IDAHO, ) : ss. County of Ada,) _ - - 1L. . On th"s ~ay of September, in the year 1998, before me, . . , a Notary Public, appeared WIILLI G. BERG, JR., known or identified to me to be the City Clerk of the City of Meridian, Idaho that executed the said instrument, and acknowledged to me that he executed the same on behalf of the City of Meridian. ,,, '$t1 SiU..!" 1a,~1 I,,#.. ~~~.. (j~L L. Sl~###' ~ ,~l ..eo... ~# . ~ 'b.':' II. -. f.J> ~ :4lJi ,"' .e -..., ~. . ~ :: .. -'. 0 T A.,R t.a ... ':. . . \.' ..(... ~ (-SIjAL)'-.- i * i . ~ \ )>UBL\C.: E ':. u>. e. .-" ~ ~ .l> .. .. .I.~~ ~ ~,~ ~ ~ ......... ~~~ . ###. l! 0 F \"t' ~, ~"""ll! .",t; CERTIFICA-lb OF CLERK dF THE CITY OF :NlERIDIAN ~ Notary ublic for Idaho I i. Commission Expires: J D / S d. ODd-.... 2 MERIDIAN CITY COUNCIL AGENDA SPECIAL MEETING TUESDAY, SEPTEMBER 22, 1998 7:30 P.M. ROLL CALL: RON ANDERSON CHARLIE ROUNTREE GLENN BENTLEY KEITH BIRD MAYOR ROBERT CORRIE JOINT MEETING WITH MERIDIAN RURAL FIRE DISTRICT 1. JOINT POWERS AGREEMENT WITH MERIDIAN RURAL FIRE PROTECTION DISTRICT: DISCUSSION AND/OR POSSIBLE APPROVAL AS PER IDAHO CODE SECTION 67-2342 (2) - DECLARE AN EMERGENCY EXECUTIVE SESSION TO DISCUSS IDAHO CODE SECTION 67-2345 (F & D) TO CONSIDER ADVISE FROM LEGAL COUNSEL AND CONSIDER RECORDS EXEMPT FROM DISCLOSURE. 2. AUTHORIZE AGREEMENT TC-97-1 ( 177 ( MISCELLANEOUS PROVISIONS 67-2343 utory entity with authority to make decisions concerning paroles, pardons and commuta- tions, the Commission of Pardons and Parole is subject to the Open Meeting Law and is required to open all meetings to the public except those conducted in executive session. OAG 85-9. The Commission of Pardons and Parole may not vote in private; thus, matters dis- cussed in executive session must still be voted upon in public. OAG 85..9. 67 -2342. Governing bodies - Requirement for open public meet- ings. - (1) Except as provided below, all meetings of a governing body of a public agency shall be open to the public and all persons shall be permitted to attend any meeting except as otherwise provided by this act. No decision at a meeting of a governing body of a public agency shall be made by secret ballot. (2) Deliberations of the board of tax appeals created in chapter 38, title 63, Idaho Code, the public utilities commission and the industrial commis- sion in a fully submitted adjudicatory proceeding in which hearings, if any are required, have been completed, and in which the legal rights, duties or privileges of a party are to be determined are not required by this act to take place in a meeting open to the public. Such deliberations may, however, be made and/or conducted in a public meeting at the discretion of the agency. (3) A governing body shall not hold a meeting at any place where discrimination on the basis of race, creed, color, sex, age or national origin is practiced. [1974, ch. 187, ~ 3, p. 1492; am. 1977, ch. 173, 9 1, p. 445; am. 1992, ch. 155, ~ 2, p. 506.J Compiler's notes. The words "this act" refer to S.L. 1974, ch. 187, compiled as 99 67- 2340 - 67-2346. Section 2 of S.L. 1977, ch. 173 is compiled as 9 67-2344. Sec. to sec. ref. This section is referred to in 99 31-4904 and 54-1715. Cited in: Gardner v. Evans, 110 Idaho 925, 719 P.2d 1185, cert. denied, 479 U.S. 1007, 107 S. Ct. 645, 93 L. Ed. 2d 701 (1986). ANALYSIS Annexation work sessions. Executive sessions. I. Annexation Work Sessions. Where four private "work sessions" were held by the mayor and city council to discuss an annexation proposal prior to voting on the proposals at special public meetings, such work sessions were "meetings" under subsec- tion (5) of S 67..2341, which had to be open to the public pursuant to subsection (1) of this section and failure to provide public notice as required by ~ 67-2343 or to take written minutes as required by 9 67-2344 violated i I I the Open Meetings Act; however, since no firm and final decisions were made at the work sessions on the annexation proposal, the sub.. sequent city council vote approving the pro- posal was not null and void under ~ 67-2347. State ex reI. Roark v. City of Hailey, 102 Idaho 511, 633 P.2d 576 (1981). Executive Sessions. Exclusion of school superintendent from executive sessions of school board, in which superintendent was evaluated and the exten- sion of his contract was discussed, did not violate the open meeting law, where the deci- sion not to offer the superintendent a new contract was made in an open meeting of the board. Gardner v. School Dist. No. 55, 108 Idaho 434, 700 P.2d 56 (1985). Opinions of Attorney General. Only cer- tain documents which have been excluded from public inspection by clear statutory pro- vision may be considered in executive session. OAG 85-9. The Commission of Pardons and Parole may not vote in private; thus, matters dis- cussed in executive session must still be voted upon in public. OAG 85-9. 67-2343. Notice of meetings. - (1) Regular meetings. No less than a five (5) calendar day meeting notice shall be given unless otherwise provided by statute. Provided however, that any public agency that holds meetings at ( Sl! lIB JO S8lnu!UI u8'fl!.IM. 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Bpua~B lIB dO!lOU alIi U! apnlou1 0+ apBUI Sll.IoJJ8 l{l113J pOOl1 13 lBl{l pap!Ao-rd ':au1laaUI aqlJo .Inoq 8ql :3u1pn1JU1 pUB 0+ dn Bpua:aB 8l{1 JO U01l8ldlUOO .IalJB pappB aq ABm sural1 BpUa1313 IBU01l!Pp13 '.laA8MOl{ '13u1laaUI .IB1Ma.l q;:rea JO aOUBApB U! pa..I1nba..I aq 1I8l{S 80!lOU -epua:a13 .rnol{ (St) llI-~!8-Af.IOJ V .alnpal{JS ~U1'faeUI .I131M8.I S'f1 JO .IB8A qOB8 8JUO 'fSB8I 1'8 S8J1l0U ~U!l8aUI ~U!A~ Aq aO!lou ~U!~8aUI S!l{'f AJS!lBS ABID .IEaA 8l{lJO 8S..InOJ 8l{l J:8AO 8JUBApB u1 pa1np8l{o8 l{lUOUI .IBpU8180 ..lad aouo 1-81381 1-13 JO sIBA.r8lU! .LEIMa.I .-..................... ............ 1'"'""T""T"'l"7'T~ ....,T"'tJ' T 1o"TI7TT.l.T1o"T'\T'7T ^ An r:TT\-TTC 1;~O'7- 1 a 179 MISCELLANEOUS PROVI~- 'lS 67 -2345 ( meetings. Neither a full transcript nor a recording of the meeting is required, except as otherwise provided by law. All minutes shall be available to the public within a reasonable time after the meeting, and shall include at least the following information: (a) All members of the governing body present; (b) All motions, resolutions, orders, or ordinances proposed and their disposition; (c) The results of all votes, and upon the request of a member, the vote of each member, by name; _ (2) Minutes of executive sessions may be limited to material the disclo- sure of which is not inconsistent with the provisions of section 67-2345, Idaho Code, but shall contain sufficient detail to convey the general tenor of the meeting. [1974, ch. 187, S 5, p. 1492; am. 1977, ch. 173,2 2, p. 445.J Compiler's notes. Section 1 of S.L. 1977, ch. 173 is compiled as S 67..2342. Sec. to sec. ref. This section is referred to in SS 31..4904, 33..514 and 54..1715. ANALYSIS Annexation work sessions. "Raw notes" taken by clerk. Annexation Work Sessions. Where four private "work sessions" were held by the mayor and city council to discuss an annexation proposal prior to voting on the proposals at special public meetings, such work sessions were "meetings" under subsec- tion (5) of ~ 67..2341, which had to be open to the public pursuant to subsection (1) of S 67- 2342 and failure to provide public notice as required by ~ 67..2343 or to take written minutes as required by this section violated the Open Meetings Act; however, since no firm and final decisions were made at the work sessions on the annexation proposal, the sub- sequent city council vote approving the pro- posal was not null and void under ~ 67-2347. State ex reI. Roark v. City of Hailey, 102 Idaho 511, 633 P.2d 576 (1981). "Raw Notes" Taken by Clerk. Trial court erred in holding that as a matter of law "raw notes" ("handwritten notes," "raw minutes") taken by Clerk of the Board of County Commissioners during meetings of the County Board of Commissioners, could not be public writings. Fox v. Estep, 118 Idaho 454, 797 P.2d 854 (1990). 67-2345. Executive sessions - When authorized. - (1) Nothing contained in this act shall be construed to prevent, upon a two-thirds (%) vote recorded in the minutes of the meeting by individual vote, a governing body of a public agency from holding an executive session during any meeting, after the presiding officer has identified the authorization under this act for the holding of such executive session. An executive session may be held: (a) To consider hiring a public officer, employee, staff member or individ- ual agent. This paragraph does not apply to filling a vacancy in an elective office; (b) To consider the evaluation, dismissal or disciplining of, or to hear complaints or charges brought against, a public officer, employee, staff member or individual agent, or public school student; (c) To conduct deliberations concerning labor negotiations or to acquire an interest in real property which is not owned by a public agency; (d) To consider records that are exempt from disclosure as provided in chapter 3, title 9, Idaho Code; (e) To consider preliminary negotiations involving matters of trade or commerce in which the governing body is in competition with governing bodies in other states or nations; '; 67-2345 ( STATE GuVERNMENT AND STATE AFFAIRS 180 (f) To consider and advise its legal representatives in pending litigation or where there is a general public awareness of probable litigation; (g) By the commission of pardons and parole, as provided by law. (2) Labor negotiations may be conducted in executive session if either side requests closed meetings. Notwithstanding the provisions of section 67-2343, Idaho Code, subsequent sessions of the negotiations may continue without further public notice. (3) No executive session may be held for the purpose of taking any final action or making any final decision. [1974, ch. 187, 9 6, p. 1492; am. 1976, ch. 124, S 1, p. 473; am. 1977, ch. 173, S 3, p. 445; am. 1978, ch. 302, S 1, p~ 759; am. 1986, ch. 59, 9 2, p. 167; am. 1990, ch. 213, S 92, p. 480.J Compiler's notes. The words "this act" refer to S.L. 1974, ch. 187 compiled herein as 22 67 -2340 - 67-2346. Section 1 of S.L. 1986, ch. 59 is compiled as ~ 20-213A. Sections 91 and 93 of S.L. 1990, ch. 213 are compiled as ~~ 66-348 and 67-2726, respec- tively. Section 3 of S.L. 1986, ch. 59 declared an emergency. Approved March 19, 1986. Section 111 of S.L. 1990, ch. 213 as amended by S 16 of S.L. 1991, ch. 329 pro- vided that Sg 3 through 45 and 48 through 110 of the act should take effect July 1, 1993 and that ~g 1, 2, 46 and 47 should take effect July 1, 1990. Sec. to sec. ref. This section is referred to in 9 31-4904. This section is referred to in 29 33-514, 33-515 and 54-1715. ANALYSIS Closed session. Conft.ict \\rith other statute. Discharge of commission director. Equal protection. · Closed Session. Where an executive session is authorized to consider the dismissal of an employee, the deliberating process can be conducted in a closed session. There is no requirement that private discussions of personnel matters must be repeated in public. Nelson v. Boundary County, 109 Idaho 205, 706 P.2d 94 (Ct. App. 1985). Conflict With Other Statute. There is a clear and definite conft.ict be- tween the provisions of this section of the open meeting law and S 31-713, which re- quires that all meetings of the Board of County Commissioners be public; this section, which ,vas enacted later in time, governs. Nelson v. Boundary County, 109 Idaho 205, 706 P.2d 94 (Ct. App. 1985). Discharge of Commission Director. There was no merit to the contention that ) the Commission for the Blind must have met before the public meeting and decided to fire the director and appoint her replacement, where the new appointee spoke several hours after the motion to terminate had been made and debated, and he qualified his remarks with the comment, "if the board does make the decision to retain." Gardner v. Evans, 110 Idaho 925, 719 P.2d 1185, cert. denied, 479 U.S. 1007, 107 S. Ct. 645, 93 L. Ed. 2d 701 (1986). The fact that the letter of dismissal given to the director of the Commission for the Blind a very short time after the meeting terminated had "legal type wording" did not prove that the commission had decided to fire her before the public meeting. Gardner v. Evans, 110 Idaho 925, 719 P.2d 1185, cert. denied, 479 U.S. 1007, 107 S. Ct. 645, 93 L. Ed. 2d 701 (1986). The fact that a press release stating that the director had been dismissed was handed to the press before the Commission for the Blind had voted on her dismissal did not prove that the commission had decided to fire her before the public meeting where the press release was not attributable to the commis- sion. Gardner v. Evans, 110 Idaho 925, 719 P.2d 1185, cert. denied, 479 U.S. 1007, 107 S. Ct. 645, 93 L. Ed. 2d 701 (1986). The fact that a locksmith arrived several minutes after the meeting to fire the director of the Commission for the Blind and appoint her replacement had concluded, in order to change the lock on the door of the director's office, was not substantial and competent proof that members of the commission met before the meeting and. had an agreement to discharge the director. Gardner v. Evans, 110 Idaho 925, 719 P.2d 1185, cert. denied, 479 U.S. 1007, 107 S. Ct. 645, 93 L. Ed. 2d 701 (1986). 1 ( I ~I Equal Protection. A discharged county employee, who argued he had been injured by this section pennitting closed meetings of the Board of County Com- missioners for personnel matters, failed to ;~:i :~:: ~ ' [~:~'~t , ::~:.I.""'. .t'7;'; f ':'\, .... ~~1-.< ~. _ ; ~~'4~{JJ: 2: tvtayor ROBERT D. CORRIE LEGAL DEPARTMENT (208) 884-4264 Council Members CHARLES ROUNTREE GLENN BENTI..EY RON ANDERSON KEITH BIRD 33 EAST IDAHO . LVIERIDIAN, IDAHO 83642 Phone (208) 888-4433 · Fax (208) 887-4813 . PUBLIC WORKS BUILDING DEPARTMENT (208) 887.2211 PLANNING AND ZONING DEPART~1ENT (208) 884-5533 NOTICE OF SPECIAL JOINT MEETING NOTICE IS HEREBY GIVEN that the City Council of the City of Meridian will hold a Special Joint Meeting with the Meridian Rural Fire District at the City Hall, 33 East Idaho Ave., Meridian, Idaho, on Tuesday, September 22, 1998 at 7:30 P.M. The Meridian City Council and the Meridian Rural Fire District will be discussing and possible approving the joint powers agreement. The public is welcome to attend. DATED this 20th day of September, 1998. J1~~~&ff,a WILLIAM G. BERG, JR. -~IT't'CLERK ... ( (~ \ CITY OF MERIDIAN/MERIDIAN RURAL FIRE PROTECTION DISTRICT FlREFIGHTING AND LIFE PRESERVATION SERVICE CONTRACT AND JOINT EXERCISE OF POWER AGREEMENT THIS AGREEMENT is entered into this _day of , 1998, by and between the City of Meridian, a municipal Corporation and government subdivision of the state of Idaho organized and existing by virtue of law of the State of Idaho, whose address is 33 East Idaho Avenue, Meridian,. Idaho 83642, hereinafter referred to as the "City of Meridian" and the Meridian Rural Fire Protection District, organized and existing pursuant to Chapter 14 of Title 31 of the Idaho Code, whose address is 1510 East 1st Street, Meridian, Idaho 83642. 1. TITLE OF AGREEMENT: This Agreement shall be known and referred to as the "City ofMeridian/Meridian Rural Fire Protection District Firefighting and Life Preservation Service Contract and Joint Exercise of Power Agreement". 2. DEFINITIONS: For all purposes of this Agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: 2.1 "Administrator": means and refers to the Chief"Meridian" Fire Department: or the designee/Chiefwho shall be responsible for the operational administration of this Agreement; 2.2 "Additional Real Property": means and refers to a parcells of real property purchased by either or both parties to this Agreement the purpose for which is to serve as a fire station, parking lot, or firefighting living quarters, or for other "fire and life protection services" intended for use in the providence of services pursuant to this Agreement, and which does not include "Real Property" herein defined under Section 2.14 as "Real Property". 2.3 "City Firefighting Equipment": means, refers to, and includes all that firefighting equipment described in Exhibit A, attached hereto, and by this reference incorporated herein as if set forth at length. 2.4 "City Firefighting Vehicles": means, refers to, and includes all those motor vehicles described in Exhibit B, attached hereto, and by this reference incorporated CITY OF MERIDIAN/MERIDIAN RURAL FIRE PROTECTION DISTRICT FIREFIGHTING AND LIFE PRESERVATION SERVICE CONTRACT AND JOINT EXERCISE OF POWER AGREEMENT - 1 ,- f t herein as if set forth at length. 2.5 "Contract Service Fee": means and refers to the amount charged by "Meridian" to the "Fire District" to provide "fire and life protection services". 2.6 "Employees": means, refers to, and includes all employees who provide firefighting and life preservation services in the performance of this contract including administrative employees but not including volunteer firefighters. 2.7 "Fire Department": means and refers to the Department, including personnel, furnishings and equipment, vehicles, "Real Property", "Additional Real Property", records, and other documents used and connected with the providence of "fire and life protection services" pursuant to this contract. 2.8 "Fire District": means and refers to the Meridian Rural Fire Protection District, organized and existing pursuant to Chapter 14 of Title 31 of the Idaho Code, whose address is 151 0 East 1 st Street, Meridian, Idaho 83642. 2.9 "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 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". 2.10 "Fiscal Year": means and refers to that certain twelve-month period of time within which budgets are calculated, expenditures are made, and tax and other revenues are collected, as established by state law for the parties, which at this time commences October 1 st and ends on September 30th of the following calendar year . 2.11 "Jointly Owned Firefighting Equipment and Vehicles": means, refers to, and includes all firefighting equipment and vehicles described in Exhibit C, attached hereto, and by this reference incorporated herein as if set forth at length. 2.12 "Major EQuioment": means and refers to tangible personal property, other than vehicles, which purchase price exceeds TWO THOUSAND FIVE HUNDRED AND NOll 00 DOLLARS ($2,500.00). 2.13 "Meridian": means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government subdivision of the state of CITY OF MERIDIAN/MERIDIAN RURAL FIRE PROTECTION DISTRICT FIREFIGHTING AND LIFE PRESERVATION SERVICE CONTRACT AND JOINT EXERCISE OF POWER AGREEMENT - 2 ( ( Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Idaho Avenue, Meridian, Idaho 83642. 2.14 "Real Property": means that certain parcels of real property located in the County of Ada, City of "Meridian" as is described in Exhibit D, attached hereto and by this reference incorporated herein as if set forth at length together with the improvements thereon including a fire station, a parking lot, and firefighter living quarters. The current appraised 'value of said "Real Property" is also included in EJchibit D. 2.15 "Rural Firefighting Equipment": means, refers to, and includes all that firefighting equipment described in Exhibit E, attached hereto, and by this reference incorporated herein as if set forth at length. 2.16 "Rural Firefighting Vehicles": means, refers to, and includes all those motor vehicles described in Exhibit F, attached hereto, and by this reference incorporated herein as if set forth at length. 2.17 "V olunteer firefighters": means and refers to any and all persons who provide firefighting services who are not full-time paid firefighters and who are duly enrolled and subject to the provisions of the volunteer firefighter regulations. 2.18 "1997/98 Fire Department Budget": means and refers to that certain budget for the 1997/1998 "fiscal year" for the providence of "fire and life protection services" to "Meridian" and to the "Fire District" described in Exhibit G, attached hereto, and by this reference incorporated herein as if set forth at length. 3. RECITALS: 3.1 Powers/and Intentions of Parties 3.1.1 WHEREAS, the "Fire District" was formed and exists for the purpose of the protection of property against fire and for the preservation of life under the "Fire Protection District Law" and the boundaries of the district are within the County of Ada, State of Idaho and which boundaries surround "Meridian"; and 3.1.2 WHEREAS, "Meridian" has the authority, in order to prevent and extinguish fires, to erect engine houses and purchase or lease fire engines and all other apparatus and to maintain a fire department; and CITY OF MERIDIAN/MERIDIAN RURAL FIRE PROTECTION DISTRICT FIREFIGHTING AND LIFE PRESERVATION SERVICE CONTRACT AND JOINT EXERCISE OF POWER AGREEMENT - 3 ( 3.1.3 WHEREAS, "Fire Protection District Law" at I.C. S 31-1430 provides that firefighting forces and apparatus of the "Fire District", can be housed in "Meridian" outside the "Frre District" upon written agreement with the city council of "Meridian", and "Meridian" is authorized and empowered to make and enter into written contracts with the "Fire District" which adjoins it and may respond to calls outside of "Meridian's" boundaries but within the boundaries of the "Frre District" and I.e. S 31-1430A empowers the "Fire District" to enter into a written agreement with "Meridian" for mutual protection, joint use, ownership, and/or operation of land, equipment, or facilities, or for the protection of either at either a fixed monetary consideration or a monetary consideration based on the reasonable value of services actually rendered under the Agreement; and 3.1.4 WHEREAS, "Meridian" and the "Fire District" have engaged in a joint operation of the "Fire Department" for a period of many years, and as result thereofhave accumulated various assets including "Real Property", and "Jointly Owned Frrefighting Equipment"; and 3.1.5 WHEREAS, "Meridian" has purchased and O\VllS various firefighting and life saving equipment which includes "city firefighting vehicles" and "city firefighting equipment", which they seek herein to establish by written agreement their relative ownership interests therein; and 3.1.6 WHEREAS, ''Fire District" has purchased and O\VllS various firefighting and life saving equipment which includes "rural firefighting vehicles" and "rural firefighting equipment"; and 3.1.7 WHEREAS, "Fire District" and "Meridian" prior to the 1 st of October 1998 being the effective date of this Agreement have jointly employed the "employees" and have jointly overseen the "fire department" operations, which has included negotiations with the union that represents the firefighter "employees", and the "Volunteer Firefighters"; and employment and negotiation responsibility thereof shall commencing_October 1, 1998 be the sole responsibility of "Meridian"; and_ 3.1.8 WHEREAS, "Fire District" and "Meridian" have operated upon a formula where they have shared the expenses of the firefighting operations on an equal basis, which shall continue through the "1997/98 Fire Department Budget" . CITY OF MERIDIAN/MERIDIAN RURAL FIRE PROTECTION DISTRICT FIREFIGHTING AND LIFE PRESERVATION SERVICE CONTRACT AND JOINT EXERCISE OF POWER AGREEMENT - 4 ( I 3.1.9 WHEREAS, in the past, the populations of "Meridian" and the "Fire District" were in close proximity, but due to the growth of "Meridian" which has included considerable construction within "Meridian" and annexations of property into "Meridian", the result of which is that there is now less area within the "Fire District" and the "Fire District's" population is currently estimated at 9,862 vis a vie "Meridian's" population is currently estimated at 24,415 and it is anticipated that the "Meridian" population and area will continue to increase versus the "Fire District" for the reasonably foreseeable future; and 3.1.10 WHEREAS, it has been the operational method of the parties through the "1997/98 Fire Department Budget" that each has agreed to appropriate funds to cover the costs of tire station, living quarters maintenance, and equipment maintenance and purchases, and "employee" and "volunteer firefighter" wages, benefits, and expenses which has occurred in the fiscal year 1997/98. A true and correct copy of the "1997/98 Fire Department Budget" is attached marked Exhibit G in which is reflected the parties' responsibility under the column headings "City" for "Meridian" and "Rural" for the "Fire District" for the various budget expenditures and line items in the amounts set forth in the column heading "1997-1998"; and 3.1.11 WHEREAS, it is the intention of the parties to affirm the "1997/98 Fire Department Budget" obligations and to provide for a method by which future "Fire Department" operations are conducted, which method shall include "Fire Department" budgeting and management in a manner proportionate and commensurate with the need for "fire and life protection services" within the boundaries of the parties; and to that end, it is agreed that it is in the best interests of the parties that "Meridian" conduct the operations of the "Fire Department", that a formula and process be developed for budgeting expenses of the "Fire Department" operations, establish a billing to "Fire District" by ''Meridian'' for contract "fire and life protection services", and provide for an agreement on property ownership, management, an4 use by written contract. 3.1.12 WHEREAS, the parties wish to exercise the power ifneed be of the said parties to transfer real and personal property under Idaho Law and other laws regarding the same, and to jointly exercise their authority and powers, ifnecessary, to effectuate the purposes of this Agreement in accordance with the authority of Idaho Law (I.C. S67-2326-2328); CITY OF MERIDIAN/MERIDIAN RURAL FIRE PROTECTION DISTRICT FlREFIGHTING AND LIFE PRESERVATION SERVICE CONTRACT AND JOINT EXERCISE OF POWER AGREEMENT - 5 ( ( \ 3.1.13 WHEREAS, the parties have entered into negotiations regarding the advisability of entering into this Agreement for the purpose of establishing reasonable tenns, conditions, and consideration of this Agreement for the protection of either at a fixed monetary consideration, and to provide for the automatic renewal of the Agreement for the protection of either at a fixed monetary consideration or a monetary consideration based on the reasonable value of services actually rendered under the Agreement; and 3.1.14 WHEREAS, each party has determined that it is in their best interests to enter into this Agreement. NOW THEREFORE, in consideration of the foregoing recitals, considerations and purposes, the parties covenant and agree as follows: 4. DURATION: 4.1 Term: This Agreement shall commence on the 1st day of October, 1998, and end at midnight on the 30th day of September, 1999. 4.2 Renewal Term: This Agreement shall be automatically renewed for additional one-year renewal tenns which shall coincide with the current "fiscal year", unless either party gives notice ofF non-renewal or termination. 5. NO SEPARATE LEGAL ENTITY CREATED: There shall be no separate legal or administrative entity created by this Agreement. 6. PURPOSE: The purpose of this Agreement is to: 6.1 Settle and establish the parties' existing ownership interest in "Real Property", firefighting equipment, and firefighting vehicles; 6.2 Provide for the use, operation, and ownership of all "Real Property", "Additional Real Property", firefighting equipment, and firefighting vehicles and establish the employment of the "employees" and management of the "volunteer firefighters"; 6.3 Provide for a method by which a fire department Budget is adopted and an amount CITY OF MERIDIAN/MERIDIAN RURAL FIRE PROTECTION DISTRICT FIREFIGHTING AND LIFE PRESERVATION SERVICE CONTRACT AND JOINT EXERCISE OF POWER AGREEMENT - 6 ( established as a "contract service fee"; 6.4 Provide for an affirmation of the "Fire District" of its obligations for the "1997/98 Fire Department Budget"; 6.5 Provide for a method for temrination oftrus Agreement, and the division of assets; and 6.6 Provide for notice of default of the Agreement and for remedies. 7. Financing and Budget: the process for the development of the "1998 Fire Department Budget" commencing for 1998/1999 "fiscal year" and each year thereafter during the effective term/s of this Agreement shall be as follows: 7.1 Annually, the "Administrator" shall cause to be developed for the following fiscal year: 7.1.1 Through and in accordance with the input, comment and directives of both "Meridian" and the "Fire District" an outline of directions, objectives and goals of the "Fire Department" for the following fiscal year, and for a reasonable period thereafter in order to provide for overall direction in fiscal and budget planning and for the providence of "fire and life protection services". 7.1.2 Operations Budget for the "Fire Department" operations, which shall include, as appropriate, the following line items: Fire Fighter Wages, Uniform Allowance, Retirement; Withholdings and other wage benefits, "employee" insurance coverages; Supplies and maintenance for buildings and equipment; "V olunteer Firefighter" expenses; "Fire Department" Administration and overhead offset expense; General liability insurance expenses; Travel and meeting expense; and Any other expenses that relate to the day to day operation of the "Fire Department"; and an estimate of the anticipated use of "Major Equipment" and vehicles in the providence of services is to be taken into account considering the ownership and the formula for the establishment of the service fee. If there is inequity to one party or the other there 80011_ be an adjustment in the calculation of the service fee to account for the inquity. CITY OF MERIDIAN/MERIDIAN RURAL FIRE PROTECTION DISTRICT FIREFIGHTING AND LIFE PRESERVATION SERVICE CONTRACT AND JOINT EXERCISE OF POWER AGREEMENT - 7 {' 7.1.3 A Capital Outlay Expense Budget for as needed facilities, "major equipment", and/or vehicles, which may include and consist of any or all of the following line items: "Real Property" acquisition and improvements expense; "Major equipment" and or vehicle expense. 7.2 The Operations Budget and Capital Outlay Expense Budget shall be delivered to the Commissioners of the "Fire District" not less than 90 days prior to the date the "Fire District" Budget must be certified to the Ada County Clerk for tax collection, which delivery of budgets shall be accompanied by a meeting of the "Administrator" with the ''Fire District" Commissioners to explain the need and reasons for the budgetary requests. 7.3 The "Fire District'" Commissioners shall have 30 days within which to comment upon the proposed budget and to provide those comments in writing to ''Meridian'' . 7.4 In the event ofa dispute as to the reasonableness of the proposed budget, ''Meridian'' City Council and the Commissioners of the "Fire District" shall have at least one meeting together with the "Administrator", the purpose of which is to reach a compromise on the budget requests. Agreement should be reached no later than 30 days prior to the date the parties' budget requests must be certified to the Ada County Clerk's office. 7.5 All disputes regarding requested budgetary amounts shall be determined upon the principle and it is herein agreed to be the commitment of the parties that the "Fire Department's" ability to provide "fire and life protection services" to both_parties shall be in a manner that is at least equal to the most recent historic level of the provision of those services to the parties, and at a level at least equal to the average of the providence of "fire and life protection services" by the professional Fire Departments of the .Qities (excepting the City of Boise) and Rural Fire Protection Districts in Ada and Canyon Counties. 7.6 In the event an agreement regarding the Operations Budget is not timely reached, either party may elect to give notice of termination of this Agreement. 7.7 The "Fire Department" Operations and Capital Outlay Expense Budgets shall be funded with tax collections and other revenues available to the parties to this CITY OF MERIDIAN/MERIDIAN RURAL FIRE PROTECTION DISTRICT FIREFIGHTING AND LIFE PRESERVATION SERVICE CONTRACT AND JOINT EXERCISE OF POWER AGREEMENT - 8 ( Agreement which is legally eligible for such expenditure and shall be approved annually by the parties on a timely basis, and which budgets shall be funded by direct appropriation by "Meridian" and by the payment of the "contract service fee" by the "Fire District" in accordance with the provisions of this Agreement subject to the "Fire District" including only the amount of its obligation to pay "contract service fee" and each party will only include in their budgets the amount that party will expend for Capital Outlay Expenditures. 8. "CONTRACT SERVICE FEE": 8.1 "Contract Service Fee": Commencing in the 1998/1999 "fiscal year" and each year thereafter during the effective term/s ofthis Agreement, "Meridian" shall charge the "Fire District" a "contract service fee". 8.2 Method of Calculation of "Contract Service Fee": The "contract service fee" to be charged the "Fire District" shall be determined as a percentage ofthe "Fire Department" operations budget equal to the average percentage ofthe following: 8.2.1 Gross Market Valuation Percentage: The then current gross market valuation of all property, subject to ad valorem tax (gross market valuation) in the "Fire District", divided by the total of the gross market valuation both of the "Fire District" and "Meridian", as appears on the property valuation tax rolls in the Ada County Assessor's office; and 8.2.2 Population Percentage: the then current population of the "Fire District" divided by the total population of both "Meridian" and the "Fire District". 8.2.3 Market Valuation: The market valuation figures shall be obtained from the Ada County Assessor's office each year and the population figures shall be based upon the most recent census figures adjusted by either the Ada Planning Association's demographic report or an annual demographer's report. The demographer's estimates shall take into consideration building permits issued, utility connections, and such other reliable factors as are considered reasonable in making population estimates in Ada County. The cost ofa demographer's report shall be an expense as part ofthe "Fire Department" operations budget as "other expense". 8.2.4 The parties agree that the method provided herein for the determination of the "contract service fee" will be the method by which payment will be CITY OF MERIDIAN/MERIDIAN RURAL FIRE PROTECTION DISTRICT FIREFIGHTING AND LIFE PRESERVATION SERVICE CONTRACT AND JOINT EXERCISE OF POWER AGREEMENT - 9 ( made for any item determined needed and included in the Capital Outlay Expenditure budget unless a separate agreement is made in writing regarding any particular item. 8.2.5 This formula for determination of "contract service fee" may be revised in writing as an amendment to this Agreement. 8.3 Payment of "Contract Service Fee": The "Fire District" shall be invoiced by "Meridian" on a monthly basis for the "contract service fee" actually incurred and for capital outlay expenditures due and payable, which invoice shall specify the amounts billed for and the amounts budgeted and actually expend~d within the"fiscal year", including the line items of the "Fire Department" Operations and Capital Outlay Expenditure Budgets. The "Fire District" shall remit within 30 days all amounts justly charged as "contract service fee" and those amounts for which the "Fire District" is responsible as Capital Outlay Expenditure Budget. 8.4 For Capital Outlay Expenditure budgeted amounts not expended in one "fiscal year" "Meridian" and "Fire District" shall cause the Capital Outlay Expenditure budgeted amounts to be placed in their appropriate fund designated to the Capital Outlay expense with the appropriate designations and actions to provide for the carry over of the fund balance in accordance with the provisions ofl.C. 9 50-1005 A_governing "Meridian" and I.C. S 31-1424 governing the_"Fire District". 9. IN THE EVENT OF A CONSOLIDATION OF THE "FIRE DISTRICT WITH ANOTHER RURAL FIRE PROTECTION DISTRICT: 9.1 In the event the "Fire'Dist.rict" should consider a consolidation with any other Rural Fire Protection District, it shall give ninety (90) days written notice to the "Administrator" and to "Meridian" of such consideration and shall receive and consider comment of the advisability of such consolidation from the "Administrator" and/or "Meridian". . 9.2 In the event a consolidation is effected prior to termination of this Agreement, "Meridian's" responsibility to provide "fire and life protection services" without a written amendment to this Agreement shall not be expanded beyond the boundaries of the ''Fire District" as they existed prior to consolidation, and any obligation imposed upon the "Fire District" for the payment of monies by this Agreement shall be considered a debt of the "Fire District" and included as a debt of the consolidated district as provided by I.C. S 31-1411A or any recodification of amendments thereof CITY OF MERIDIAN/MERIDIAN RURAL FIRE PROTECTION DISTRICT FIREFIGHTING AND LIFE PRESERVATION SERVICE CONTRACT AND JOINT EXERCISE OF POWER AGREEMENT - 10 ( 10. "FIRE AND LIFE PROTECTION SERVICES": 10.1 Contract Services: During the term of this Agreement "Meridian" shall provide "fire and life protection services" to residences, property and persons found within the boundaries of the "Fire District" and shall also provide such services to any person and/or entity with whom the parties to this Agreement_have contracted with to provide such services either by mutual aid or by contract between other Fire Protection District and/or City Fire Department and/or individual property owners outside of the District so long as said Agreements have been approved by both, Fire District and Meridian._ 10.2 Non waiver of right to collect fee for services rendered: This Agreement shall not be construed nor is it intended to waive any right that the "Fire District" may have to charge a fee for "fire and life protection services" where the same is provided for in the ''Fire Protection District Law" and to the extent that such fees may be charged and the same are by this Agreement assigned to "Meridian" subject to the appropriate action of the Board of Commissioners of the "Fire District" with the provision that such fees collected shall be an offset to the "contract service fee". 11. EXISTING PROPERTY OWNERSHIP: 11.1 The Parties have the following ownership interest in the follo~ing described property which present value is agreed upon where it appears in the exhibits which are referred herein this section. "Meridian" owns: "City firefighting vehicles" "City fire fighting equipment" City office furniture and equipment ''Fire District" owns: "Rural firefighting vehicles" "Rural firefighting equipment" Rural office furniture and equipment Jointly owned Personal Property: "Jointly owned firefighting equipment and vehicles" (percentage of ownership reflected in exhibits.) CITY OF MERIDIAN/MERIDIAN RURAL FIRE PROTECTION DISTRICT FlREFIGHTING AND LIFE PRESERVATION SERVICE CONTRACT AND JOINT EXERCISE OF POWER AGREEMENT - 11 Jointly owned "Real Property": "Real Property" 12. EXISTING OBLIGATION: 12.1 The parties have made a commitment and do hereby commit to fund the authorized expenditures under the existing "1997/98 Fire Department Budget", and "Meridian" will continue to invoice the "Fire District" for amounts owed as a result of the authorized expenditures under the "1997/98 Fire Department Budget" in accordance with existing practices. 13. FIREFIGHTING "EMPLOYEES"/"VOLUNTEER FIREFIGHTERS" "MERIDIAN" "EMPLOYEES": 13.1 "Meridian" shall, ~ommencing on October 1, 1998, assume all responsibility for the employment of and the contract obligations for the "Employees" and for "V olunteer firefighters". 14. MAINTENANCE OF "FlREFIGHTING EQUIPMENTNEHICLES" AND "REAL PROPERTY": 14.1 "Meridian" shall commencing on October 1, 1998, assume all responsibility for the maintenance of all the "Firefighting equipment/vehicles" and the "Real Property" whether owned by the "Fire District", "Meridian", or jointly and shall so maintain in a state of good repair and working order. All maintenance of equipment and or vehicles shall be performed in accordance with manufacturer's specifications as well as any applicable state or federal statutes, rules or regulations. The "District" reserves the right to request "Meridian" to meet its obligation hereunder and also reserves the right in the event it has cause to provide maintenance of "District" equipment in accordance with the default provisions of this Agreement. 15. NEW FIREFIGHTING EQUIPMENTNEHICLES/"ADDITIONAL REAL PROPERTY": 15.1 At such time as new firefighting equipment/vehicles and/or "Additional Real Property" or improvements upon "Real Property" or "Additional Real Property" is purchased and or replaced, the ownership of the same shall be as follows: 15.1.1 In the percentage equal to the amount of the purchase price paid by the party to the Agreement. This shall be determined by the amount set forth CITY OF MERIDIAN/MERIDIAN RURAL FIRE PROTECTION DISTRICT FIREFIGHTING AND LIFE PRESERVATION SERVICE CONTRACT AND JOINT EXERCISE OF POWER AGREEMENT - 12 (' in the Capital Outlay Expenditure Budget with adjustments for the value of the sale of existing assets used directly for the purchase of the new firefighting equipment, vehicles, "Additional Real Property" and/or "Real Property" or "Additional Real Property" improvements. 15.1.2 The "Administrator" shall at all times keep the Commissioners of the "Fire District" informed and shall consult with them from time to time on the need and future need to purcp.ase new firefighting equipment, vehicles, "Additional Real Property" and/or improvements upon "Real Property" or "Additional Real Property" and shall also consult and obtain when necessary the appropriate authority for the proper bidding of new purchases when the "Fire District" will have an ownership interest therein. 16. OPERATIONAL NEEDS AND EXPENSES: 16.1 "Meridian" shall be responsible for maintaining appropriate ancillary personal equipment, furnishings, insurance and otherwise to maintain department functioning at a level to provide the "fire and life protection services" required of it by this Agreement. 16.2 "Meridian" shall maintain and provide the "Fire District" as an additional insured for all operational liability, casualty loss insurance, and fidelity bonds in amounts not less than the amounts required by State law to be carried to cover the statutory liability and responsibilities of the parties to this Agreement and for casualty loss in amounts not less than the agreed value of the real and personal property which is subject to this Agreement. The parties, as part of the budgetary process, may agree upon additional insurance coverage and/or larger amounts qf insurance coverage than is required by this subsection. 17. RECORDS/REPORTS: 17.1 "Meridian" shall be responsible to keep all necessary records concerning the performance of any aspect of this Agreement in accordance with good business and governmental practices for such activities and which records shall be available for inspection and er for use as required by law and the needs of the parties. 18. HEAD OF THE "FIRE DEPARTMENT" TO SERVE AS "ADMINISTRATOR": 18.1 For purposes of the administration of this Agreement the Chief of the "Fire Department" or the designee shall serve as the "Administrator" of this Agreement. CITY OF MERIDIAN/MERIDIAN RURAL FIRE PROTECTION DISTRICT FIREFIGHTING AND LIFE PRESERVATION SERVICE CONTRACT AND JOINT EXERCISE OF POWER AGREEMENT - 13 ( 18.2 The "Administrator" shall meet with the Board of Commissioners of the "Fire District" and the Council and Mayor of "Meridian" and provide to them as a part of their regular or special meetings, as is reasonably necessary, a report of "Fire Department" operations and all matters related to the performance of this Agreement. 19. NON-RENEWAL OR TERMINATION: Except for termination due to default either party desiring to not renew or terminate this Agreement must provide written notice to the other party no later than the 15th day of October, which shall terminate the Agreement effective the 1st day of October of the year following the date notice was given. 20. DEFAULT: 20.1 A failure of a party to perform any duty or affirmative act or pay any sum provided for in this Agreement is a default of this Agreement. 20.2 No claim can be made for default or breach of this Agreement unless notice of the breach, and demand for performance, is made to the other party. Notice of breach under this provision must specify the details of the claimed breach and demand for performance under this provision and must specify the details specific to the demanded performance and shall provide that the default be cured in 30 days of the date of the service of Notice of Default unless the default is a circumstance provided for in subsection 20.3 of this section. Every notice under this Agreement shall be deemed to have been given at the time it is deposited in the United States Mails and or verified as received by Fax transmission. 20.3 In the event the default will cause immediate and irreparable injury or damage or would result in a failure to perform a statutory duty imposed upon a party that party may obtain substitute performance after having provided reasonable notice (commensurate with the circumstances of the default) to the other party and the reasonable cost of which shall be paid by the other party. 20.4 In the event a party fails to pay an amount provided for in this Agreement the non defaulting party shall be entitled to statutory interest thereon from the date the same is due until paid. 20.5 Due to the fact that there is a long history of joint operation of the "Fire CITY OF MERIDIAN/MERIDIAN RURAL FIRE PROTECTION DISTRICT FIREFIGHTING AND LIFE PRESERVATION SERVICE CONTRACT AND JOINT EXERCISE OF POWER AGREEMENT - 14 {- ~ Department" by the parties specific performance shall be available to enforce the provisions of this Agreement governing the distribution of the real and personal property. 20.6 In the event a default is the proximate cause to additional damages that are anticipated as naturally resulting from the default in addition to the other remedies provided herein the parties may claim such actual damages incurred by them subject to the duty of the non defaulting party to act reasonably to mitigate those damages. 20.7 In the event a default is not remedied by the defaulting party the non- defaulting party may also elect to terminate this Agreement providing 60 days notice of such election. 20.8 All remedies provided to either party by this Agreement shall be deemed cumulative of any remedy otherwise allowed by law. 21. DISTRIBUTION OF PROPERTY AND EQUIPMENT U~ON NON-RENEWAL OR TERMINATION: In the event Notice of Non-Renewal or Termination is given: 21.1 The obligations of the parties shall remain as provided for in this Agreement and no distribution of property or equipment nor any cessation of services shall occur until the effective date of termination. 21.2 On the effective date of termination, all "contract service fees" shall be paid which are due and payable. 21.3 In the event this Agreement is terminated for reason of default the "Real Property" "Additional Real Property" and/or firefighting equipment or vehicles or interest therein of the defaulting party shall be security for the performance of the defaulting party and the notice of termination shall state the amount claimed by reason of the default. 21.4 In the event this Agreement is terminated and there is any existing mutual commitment of the parties to the purchase any personal property or "Additional Real Property" the parties shall continue to be bound and agree to hold each other harmless from any and all claims for which they are obligated to pay. CITY OF MERIDIAN/MERIDIAN RURAL FIRE PROTECTION DISTRICT FIREFIGHTING AND LIFE PRESERVATION SERVICE CONTRACT AND JOINT EXERCISE OF POWER AGREEMENT - 15 21.5 Distribution rights and options concerning personal property and "Real Property'" and "Additional Real Property'" upon termination: 21.5.1 All "Real Property"" "Additional Real Property" together with improvements thereon, "Meridian" shall have the first exclusive option to purchase the "Fire District's'" interest therein at the then appraised value. Notice of the exercise of this right must be given within 30 days of the date notice of termination is served and the "Fire District" shall have the second exclusive option to purchase "Meridian's" interest therein within 30 days after the first option expires and in the event neither party exercises their option then the parties may either agree to the joint operation use and maintenance of the "Real Property'" and "Additional Real Property" or agree to sell the "Real Property" and "Additional Real Property" for at least the appraised value or best offer over appraised value in accordance with the procedures for the sale of real property governing Cities and Rural Fire Districts. 21.5.2 Of all "Jointly Owned Firefighting Equipment and Vehicles" by the parties, "Meridian" shall have the first exclusive option to purchase all the ''Fire District's" interest therein at the then appraised value. Notice of the exercise of this right must be given within 30 days of the date notice of termination is served and the "Fire District" shall have the second exclusive option to purchase all of "Meridian"s'" interest therein within 30 days after the first option expires and in the event neither party exercises their option then the parties may either agree to joint operation use and maintenance of the Firefighting Equipment and Vehicles or portions thereof or agree to sell the same for at least the appraised value or best offer over appraised value in accordance with the procedures for the sale of personal property governing Cities and Rural Fire Districts. 21.5.3 Any property purchased pursuant to the options provided for in this section shall be valued net of any obligations still owing and the opting party shall provide in the purchase for the payment of any such obligations. 21.5.4 All property owned exclusively by a party shall be distributed to that party. 21.5.5 "Employees"/"Volunteer Firefighters" shall remain the "employees" and be subject to the management control of "Meridian" unless otherwise specifically provided for. CITY OF MERIDIAN/MERIDIAN RURAL FIRE PROTECTION DISTRICT FIREFIGHTING AND LIFE PRESERVATION SERVICE CONTRACT AND JOINT EXERCISE OF POWER AGREEMENT - 16 ( 22. OPTION PRICE PROCEDURE: 22.1 The procedure for the establishment of the price for the exercise of any option to purchase and the procedure to be followed for purchase as provided for in this Agreement shall be as follows: 22.1.1 "Real Property" / "Additional Real Property": by appraisal value established by a licensed appraiser whom the parties have appointed to do the appraisal. 22.1.2 Firefighting Equipment and/or Firefighting Vehicles": Three (3) disinterested residents of Ada County shall be selected by both the Commissioner of the "Fire District" and the City Council of "Meridian" to appraise the "firefighting equipment" and/or "firefighting vehicles" as the case may be. Care should be take.n to include persons with knowledge of the value and market for the equipment and/or vehicles. The appraisers are to meet and report in writing their appraisals to the Commissioner of the "Fire District" and City Council of "Meridian" within fourteen (14) days of the appointment. The appraisers are to agree on an appraised value for each item for which they are to appraise. The cost of the appraisals shall be an expense of the option and shall be paid by the party exercising the option. 22.1.3 The exercise of an option to purchase an interest in property of a party_will follow the procedures ofl.C. S 31-1417A and Chapter 14 of Title 50 Idaho Code, as the case may be, along with the provisions of this section. In the event neither party exercises an option to purchase property that is jointly owned, and the same is placed for sale, in the event a bid is submitted for the purchase of the property by a potential purchaser other than a party to this Agreement, the party to this Agreement by priority of their option shall have seven (7) days subsequent to the date of the submittal of the bid to meet the tenns of the highest bid submitted. The exercise of this option shall be in writing. 23. GENERAL PROVISIONS: 23.1 This Agreement constitutes and contains the entire Agreement of the parties and supersedes and merges all other prior understandings or agreements between the parties on the subject of this Agreement, if any, whether oral or written; and CITY OF MERIDIAN/MERIDIAN RURAL FIRE PROTECTION DISTRICT FIREFIGHTING AND LIFE PRESERVATION SERVICE CONTRACT AND JOINT EXERCISE OF POWER AGREEMENT - 17 (.....----- 23.2 The failure of a party hereto to insist upon strict perfonnance on observance of this Agreement shall not be a waiver of any breach of any terms or conditions of this Agreement by the other party; and 23.3 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; and 23.4 In the event any litigation arising under, or as a result at: this Agreement or arising from 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; and 23.5 This Agreement shall be governed and interpreted by the laws of the State of Idaho; and 23.6 No party may assign this Agreement or any interest therein without written consent of the other party; and 23.7 No amendment, alteration, or modification oftrus Agreement shall be effective unless made in writing and duly executed by the parties hereto; and 23.8 The captions appearing under the section number designations oftrus Agreement are for convenience only, and are not a part of this Agreement, and do not in any way limit of amplify the terms and provisions of this Agreement. 24. COUNTERPARTS This Agreement shall be executed by the parties by the parties in two (2) counterparts, and each such counterpart shall be deemed an "original". . 25. NOTICE: 25.1 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: 25.1.1 City of Meridian 33 East Idaho Avenue Meridian, Idaho 83642 CITY OF MERIDIAN/MERIDIAN RURAL FIRE PROTECTION DISTRICT FIREFIGHTING AND LIFE PRESERVATION SERVICE CONTRACT AND JOINT EXERCISE OF POWER AGREEMENT - 18 ,,- 25.1.2 Meridian Rural Fire District 1510 E. 1 st Street Meridian, Idaho 83642 25.2 Any notice so given shall be deemed delivered, given served, or received on the date deposited in the United States mail or verified as received by Fax transmission. Any party may change the address or designee to whom notices shall thereafter be given upon five (5) days' prior written notice to the other party in the manner set forth in this section. IN WITNESS WHEREOF, the parties have her~in executed this Agreement and made it effective as hereinabove provided. DA TED AND SIGNED this _ day of , 1998. CITY OF MERIDIAN By: Mayor ATTEST: By: Clerk BY COUNCIL RESOLUTION NO: MERIDIAN RURAL FIRE PROTECTION DISTRICT By: President ATTEST: By: Secretary BY RESOLUTION NO: CITY OF MERIDIAN/MERIDIAN RURAL FIRE PROTECTION DISTRICT FlREFIGHTING AND LIFE PRESERVATION SERVICE CONTRACT AND JOINT EXERCISE OF POWER AGREEMENT - 19 ( EXIllBIT "A" CITY FIREFIGH'llNG EQUIPMENT Midland Radio #243394 Federal Siren #16316 Midland Radio #71100 Flat bed and SCBA box, racks, tool boxes (listed with 1998 Dodge 4 wheel drive 2 dr. 3500 in Exhibit "B") Used wooden office desk 2 - K & K nozzles #F251276 #D136128 Opticom Equipmentl at: Meridian and Pine East 1 st and Pine Franklin and Linder '\ 1 ''Fire District" to reimburse the "City" one half of the cost of Optic~ Equipment in the 1998/99 Fiscal Year at which time the property shall 00 jointly O\\'lled Exhibit ~'A" to JOINT USE, OWNERSIllP AND OPERATION AGREEMENT FOR FIRE PROJECTION ( EXHIBIT "B" CITY FIREFIGHTING VEmCLES 1972 Ford #C90L VQ33448 1987 Ford Crown Victoria 4 dr. #2F ABP72G2HX165851 1998 Dodge 4 wheel drive 2 dr. 3500 2 - tht bed and SCBA box, ~cks, toolboxes#3B6~3662~57961 '\ 2 ''Fire District" to reimburse the ''City'' one half of the cost of the 1998 Dodge Four Wheel Drive in the 1998/99 Fiscal Year at which time the property shall be jointly owned. . Exhibit ','B" to JOlNT USE, OWNERSHIP AND OPERATION AGREEMENT FOR FIRE PROJECTION ( EXHIBIT "c" JOINTLY OWNED 646BMWl173 646BMWl147 646XUA2BKU . 646BMWI169 646BMWl170 646BMWl171 646BMWl172 646BMW1164 646BMW1165 646BMW1166 646BMWI167 646XXT24C5 646XXT24Cf 646XXT24CT 646XXT24CV 646XXT24CW 646XYC2583 646XYC2586 646XYZ1584 646XYZ2587 GE PLUS Radios 646XYZ2585 Exhibit "C" to JOINT USE, OWNERSHIP AND OPERATI01\" AGREEt\1ENT FOR FIRE PROTECTION Page lotS 1982 Pierce E1530 #10T9M9A23CI020205 Midland Radio #344085 Federal Siren #94878 1993 Pierce IT #4P 1 CT02D 1P A000606 Midland Radio #243257 Code 3 Siren #3692 . 1987 Ford F-700 Pierce #lFDRK84N36V A48266 Midland Radio #304033 Code 3 Siren #22822 1983 Ford Van #lFTEE24G2DHB05219 Midland Radio #344255 Unin-ol Siren #3532 Model #480K 1996 Dodge Ram 03500 #lB6MF36WI TS502381 Miscellaneous Equipment Sigtronics Headset System MOTOROLA tvnNITOR IT: 3101-0521-02043 :MINITOR II Pagers Numbers: 646BMW1146 646BMW1174 646BMW1148 646BMWl149 646BMW1150 646BMW1151 646BMW1152 646BMWI153 646BMW1154 646BMWl155 646BMWI156 646BMWl157 646BMW1158 . 646BMW1159 646BMW1161 646BMWl163 KINGS Radios LPH5142747209 LPH5142748110 646XUA2BKT 646BMW1175 646XUA2BKV 646XUA2BKS 646XUA2BKQ 646XVW24MC 646XVW24MA 646XVW24:rvID 646XVW24MB 646XWW24Q8 646J0VW24Q3 646XWW24Q7 646XWW24Q9 646BMW1160 646BMWl162 646BMW1168 ~\ GE Radio 643273604 GE PCS Radios 1213296 1162136 1162134 1162135 1162138 1162137 1242590 1385512 1385513 /-- ( 9597513 959510 9597519 Kenwood Radios and Chargers Radios 80601761 80601762 80601763 80201764 M.P.A<. GE Radio - Model PAH02 #1536905 #1556148 4 - Kenwood Mikes 4 - PCS Mikes 2 - Cell Phones . 157-15399130 157-15578830 AIR TANKS: 1975 - T48411 1988 - 12611866 . 1988 - T159378 1988 - T159375 1988 - 1261853 1988 - T159351 1988 - T159350 1990 - WK.282893 Extrication Air Bottles SCH13068 SCH12975 SCH12826 SCH12941 SCH12778 SCH12741 19078 18986 SCH12743 19077 SCH12830 19138 19008 646XYC2588 646XYZ2588 Char2'ers 80301028 80301029 , 80301030 80300581 Kenwood. Radios 90701767 90701765 90701319 90701872 19102 SCH12912 19161 SCH12844 SCH13085 SCH12783 19154 19130 SCH13083 19175 SCH13067 SCH12721 19087 18979 SCH13000 SCH12740 19149 SCH19088 19007 SCH13056 SCH12719 12734 19051 '\ SCH13045 12762 19157 18987 SCH13084 SCH2621 19356 19104 18978 . 19162 18889 SCH13082 19293 SCH12395 Exhibit "C" to JOll'IT USE, OWNERSIllP AND OPERATION AGREE:MENT FOR FIRE PROTECTION Page 2 ot8 1974 - 51267DT Cascade Air System 1993 - 6493 1993 - 4230 1993 - 6615 1993 - 5787 Macko Air Comp. Bottles 6000 lbs.-Serial Numbers: 218317, 191006, and 218306 1 - Macko Air Compressor Model- BAC06HE3 Serial Number N5406EH175 Van/Cascade CX2926493 Cl CX45787C3 CX2926615C4 4230C2 18-SCBAPACALERT 1000 SCOTI AIR PACKS 19200024 09110970 19900320 09110954 19010038 09110756 19500406 09110982 9822337 9811515 9822477 9822454 9822422 9822462 09110980 19300570 19500111. 19400344 09110760 19300605 FIRE EQUIPMENT: 14 - Rechargeable Flashlights 1 - Konica 35ivIM Camera Camera #605994 Lens #6814884 Flash #4446 . 3 - Tempest Fan #01924371 #08925052 #7181B 3 - Oxygen Regulators 7 - Vehicle Report Folders 4 - Command Vests 22 - Fireline Tape 12 - Fire Extinguishers' . 2 - Bio-Haz Trash Cans 8 - Shovels 8 - Pitch Forks 5 - Pick Axes 5 - Flat Head Axes 6 - Rubber Mallets 8 -'Pike Poles 4- Rubbish Hooks 3 - Hooligan Tools 18 - Pass Devices 3 - Medical Kits 3 - Respiratory Kits 12 - InfectilJn Control Kits . Ii - Disposable Blankets Exhibit "e" to JOINT USE, OWNERSHIP AND OPERATION AGREE!JENT FOR FIRE PROTECTION Page 3 of8 '\ ( 5 - Tool Boxes 4-AFFFFoam 1 - Silver Fire Suit 5 - Bolt Cutters 3 - Chain Saws I-Homelite K-12 Saw 1 - Gas Detector 2 - Double 500W Portable Lights 2 - Heavy Duty Extension Cords 1 - Double Extension Cord & Reel 1 - 4' Fiberglass Ladder 1 - 3000 Gallon Dwnp Tank 2 - Portable Hale Pump 4 - Deluge Deck Guns 4 - Portable Spot Lights 2 - 150W Portable Lights 1 - 4000W Generator 9 - CPR Pocket Masks 2 - Bag Valve Masks 2 - Kendrick Devices 1 - K.E.D. 1 - Ice Rescue Suit 6 - Fracture Splints 6 - C-Collars 2 - Head Immobilizers 2 - Brush Fire Swatters" -2-5 Gallon SILV-EX 7 - Lifeflight Boards 6 - Wheel Choeks 2 - Sigtronies Radio Systems 2 - 24' Extension Ladders 2 - 35' Extension Ladders 4 - 14' Roof Ladders 4-10' Folding Ladders 5 - Ladder Skull Protectors 3 - Life-Safety Ropes. . 2 - Super Sawsalls 2 - Honda Generators EX! 000 Serial~unnber1205434 Serial Nunnber 1205 400 2 - Air Bags KPI 22 - Serial Number 941940 KPI 32 - Serial Number 932770 Air Bag Regulator - Serial Nunnber PRH8653 Dual Controller - Serial Nwnher 890900 1 - Mini:'Pack 911st . Serial.Nwnber 941191-003 Printer E6317 12 - Oxygen Cylinders 4 - Oxygen Flow Regulators #270050 '\ Exhibit "C" to JOlNT USE, OWNERSHIP AND OPERATION AGREE:MENT FOR FlRE PROTECTION Page 4 of8 1 - ONAN Generator 6EGHEB/3 80 18A Serial Number 1311025 1 - Code 3 Beacon Overheads (341) 1 - Foam Equipment & Nozzles 1 - V AC-AID Suction Unit 4 - Blood Pressure Cuffs 2 - Wildland Shovels 3 - Al. Scoop Shovels 1 - Snow Shovel 3 - Coffee Pots 3 - Thermoscans 1 - Laerdal D- FIB Serial Number HS3-9104-04189 1- Fill Panel (Cascade System) " I - FloVlIllix Foam System 500B 1 - Pulse Oximeter Model 71000AZ Serial~urnber 370314835 370314834 1 - Darley Pump Skid FIRE APPLIANCES AND TOOLS: 2 - AFFF Foam Eductors 4 - Hose Straps ". 1 - 5"-2.5" Male Adapters " _,____.10 -:-. 2.5"~' Male Adapters 10 - 2.5" Female Adapters 3 - 5"-2.5" Reducers 7 - 2.5"-1.5" Wyes 24 - Spanner Wrenches 12 - Hydrant Wrenches 4 - Elkhart Nozzles 4 - 2.5" Hose "Strainers 4 - 5" Hose Strainers 4 - Gate Valves 1 - Snaptite Gate Valve - FSGV -50 1 - Snaptite Relief Valve - FSPRV50 2 - 5"- 4.5" Female Adapters 2 - 5"-2.5" Female Adapters 2 - 5"-2.5" Female Elbows 2 - Snaptite Manifold-FSM 3 - Alcron Butterfly Valves 16 - Storz Wrenches 6 - 2.5'" Master Stream No?Zles 8 - T.F.T. Nozzles wlPistol Grip 1- Foam & Bail Nozzle 2- Camera Cases 4 - Vehicle Flashlights '\ Exhibit "C" to JOINT USE, OWNERSHIP AND OPERATION AGREEMENT FOR FIRE PROTECTION Page 5 of8 1 - 2 ~ Strainer 1 - 2 Y2 Floating Strainer 1 - 2 ~ Hydrant Adapter 3 - Simmons Binoculars 1 - 6" - 4 Y2" Female - Female Swivel 1 - I" Grass Fire Nozzle 2 - Hose Rollers 1 - 6" Inlet Pressure Valve 1 - Air cyclinder fill station FIRE HOSE: 1 - 3000' 1.50" Hose 1 - 2250' 1.75" Hose 1-1000'---2.50"Hose 1- 4000'------3.00" Hose 1- 300Q'----5.0Q''Hose 7 - 25' --2.5" Soft Suction Hose 3 - 25' -5.0" Soft Suction Hose 6 -10'--6.0" PVC Suction Hose 4 -10'-6.0" Hard Suction Hose 2 -10'--5.0" Hard Suction Hose 3 -25'--5.0" Supply Hose 3 - 50' -5.0" Supply Hose 1 0 - 50' --1.0" Wildland Hose FIRE STATION EQUIP:rvtENT: 1 - 15 HP Compressor - Traded LN Curtis 1- GE Base Radio Station 1- NFP A Code Books 1 - Meridian City Ordinances 3 - NFP A Tech. Books 1- HazardIMaterial Handling Book 1- NW Pipeline Safety Manual 2 - UFC Books 1991 . - , ~. 1 - UFC Standards Book ._-~ 1- Life Safety Code Book 1- Ada County Policy Manual 1- Ada County Communications Manual 4- Metal Desks 44 - Metal Folding Chairs of which 21 are Meridian Fire Departments and 23 are Meridian City '. 2- Large Tables 1- Speaker Podium 2- Blackboards 1- TtrrIl-out Rack 1- Flammable Liquid Detector 1- Mail Box '\ Exhibit "C" to JOINT USE, OWNERS:HI? AND OPERATION AGREEMENT FOR FIRE PROTECTION Page 6 o'f 8 ( . 3- Large Wooden Storage Cabinets 8... Folding Tables 1- Double Sided Metal Locker 4- Metal Filing Cabinets 1- CordleylTemprite Water Fountain 1- Computer Desk 1- Star NX2415 Printer Serial Number 490000201026 1- HP Printer 1- Edge Computer 1 - Keyboard Serial Number 00642212 1- Disk Drive Serial Number E003032 1- Monitor Serial Number TB9C46812 1- Double Sided Fire Prevention Education Cabinet 1- Portable Talking Fire Hydrant 1- Soda Pop Machine 2- Refrigerators . 1- Trophy Cabinet 2- Hose Racks 40- American Heat Training Tapes 1- Zenith TV and Wall Stand 1- Zenith VCR 1- Gas BBQ 1- Roof Swamp Cooler 1- Air Conditioner 1- Shop Vac 1- Zenith Camcorder 1- Rescue Randy 1- Rescue/Smoker Machine 1- Portable Tool Bench/Anvil 1- Tool Bench" 1- % HP Air Compressor 1- 4' Aluminum Ladder 1- Battery Jumper Cables 1- Octagon Table 1- 100' Garden HoseIReel 1- Typewriter 2- Instamatic Canleras 1- Goodall Battery Charger 1- Cannon Copier Serial Number NEE09942 1- Auto Peed Serial Number JXB86214 1 - Sorter Serial Number JXF64983 1- Zenith - 35" Television Set Serial Number 381-36451459 1- Zenith ill-PI VCR #VRM4220 IfF Serial Number 48044790 " 1- Stand, Cords, Cables Miscellaneous Hand Tools 2- Recliners (Bigboy) Chairs 2- Twin be9s with box springs 2- Bed Frames 5- Window Blinds 6- Ess. OF FIF Books '\ Exhibit "e" to JOINT USE, OWNERSHIP AND OPERATION AGREEMENT FOR FIRE PROTECTION Page 7 0[8 (" ( 1- Desk Charger 1;.. 5 hp Air Compressor 1 - Moore Infant CPR 1 - Office bookcase 1 - Office divider panel 2 - Office back chairs 1 - Computer K6-233MHS #657CI1WIJK #721016L00211328A FIRE EXTRICATION EQUlPMENT: 1- RAM Extrication Set 1- Hurst Manifold Unit 1- Hurst 30" RAM I-HurstPaladin Tool 1- Hurst Roadrunner Tool . 1- 160' Hydraulic Hose 1- Hydraulic Pump Unit 1- Windshield Saw . 4- Seathelt Cutters 1- Set of Chisels 2- Comea1ong Sets 1- H80 Boss Tool 2- Pry Axes 1- 60' -RAM and Hose - --.- ---- FIREFIGHTERS EQUlPMENT ---:- ~ ---- -- _..._~_.._-- ~ _.~ 35- Janesville Turn-outs _ 60- Pair North Star, LN Curtis Gloves 90- Glove Corp., Lion, PBI Hoods 38- Cairns & Brothers Helmets 40- Pair Ranger Fire Boots 35- Fire Suspenders 30- SCBA Mask Bags 37- SCBAMasks 12- Globe Turn-outs 21- Pair Black Diamond Fire Boots 15- Orange Grass Fire Shirts 15- Wildland Helmets 23- Wildland Goggles 8- Wildland Fire Shelters 8- Wildland Fire Belts 16- Lions Firefighter Helmets 13- Globe GX7 Pants 5- Globe GX7 Coats Wildland Pants & Coats 15 - Lion Turn-Out Coats _ 8 - Lion Turn-Out Pants . 30 - Wildland Boots '\ Exhibit "C" to JOINT USE, OWNERSHIP AND OPERATION AGREEMENT FOR FIRE PROTECTION Page 8 o'f 8 (" ( - EXHffiIT "D" HOUSE AND FIRE STATION LEGAL DESCRIPTION An undivided one-half interest in the property described as follows: Lots One (1) , Two (2) and Three (3) in Block 2 of the original Townsite of Meridian, Ada County, Idaho. Together with all improvements thereon. Also lmown by the address: 706/7161 North Meridian, Idaho. AND -- - Lot 4 in Block 2 of the amended plat of Townsite of Meridian, according to the plat thereof filed in Book I atPage 30, records of Ada County, Idaho. - Also mown - --..-.-- .,- . . -,by-the.address:--16'East Broadwa:y'Ave.2, Meridian, Idaho. : .:'~'-_.~-_. EAST PARKING LOT LEGAL DESCRIPTION Lot 5 in Block 2 of the Meridian Townsite, according to the amended Plat thereof filed in Book 1 of Plats at Page 30, records of Ada County, Idaho. Also lmown by the address: 30 East Broadway Ave. 3, Meridian, Idaho. ~\ 1 40' x 115' Fire Station Pumic~ Block with concrete floor and Hose Tower 2 32' x 32' House and the 20' x 30' Unattached'Garage 3 33' x 115' Paved Parking Lot Eilibit "D" to JOINT USE, OWNERSHIP AND OPERATION AGREEMENT FOR FIRE PROTECTION EXlDBIT ~'E" RURAL FIREFIGHTING EQUIPMENT Midland Radio #344084 . Federal Siren #99264 Midland Radio #367413 Federal Siren #77583 Midland Radio #314563 Federal Siren #84318 Midland Radio #339329 Federal Signal Corp #MS3000 ~\ Exhibit ','E" to JOINT USE, OWNERSIllP AND OPERATION AGREEMENT FOR FIRE PROJECTION ( EXIllBIT "F" RURAL FIREFIGHTING VEIDCLES . 1974 Kenworth #1437208 3000 Gallon 1985 Ford F-700 #lFPPK71WGFV A31042 1980 GMC 1 Ton 4-4 #TKM33A5500284 1989 Oldsmobile Sedan 4 dr. #lG3CX54COK1334780 '\ Exhibit '~F" to JOINT USE, OWNERSHIP AND OPERATION AGREE1vfENT FOR FIRE PROTECTION co 0) 0) ~ ffi CQ rn ~ fu CI) I "- 0) 0) ~ Iii III E (.) o J.... LIJ (!) g. al. I-- ~ ~ a:: ~ LU Q LIJ a:: iI: ( ( EXHIBIT "G" 1997/98 FIRE DEPARTMENT BUDGET 0)1.0 LO<'!OO enNeO, "f LO LO 0_ 0 co C\I - OJ I ~('t')'lll\tN (;RoN ,> It) 000 ~ o ~ ("') ~ 0 LO 0 0 0 0 0 0 0 0 0 0 0 o. 0 .; 0 '0 0.' 0 o~ en oro~omoNoOOOOOOIOOOOOOO~I~IOO'OIOoOo~ ~U')O_O'VCOooL()OO_LOOO(j)OOL()LOOOOOC\lOOOOOOlOO ... 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