HomeMy WebLinkAboutMemorandum of Understanding and Agreemen with Meridian Rural Fire District for Resolution 09-001MEMORANDUM OF UNDERSTANDING AND AGREEMENT
WHEREAS, a certain agreement entitled the "CITY OF MERIDIAN /
MERIDIAN RURAL FIRE PROTECTION DISTRICT FIlZEFIGHTING AND LIFE
PRESERVATION SERVICE CONTRACT AND JOINT EXERCISE OF POWER
AGREEMENT" (the "Agreement") exists between the City of Meridian (the "City") and
the Meridian Rural Fire Protection District ("District"); and
WHEREAS, pursuant to the Agreement, the District pays a fee (the "Contract
Service Fee") to the City for the protection of property, both real and personal, against
fire and for life preservation services, which includes those services a fire protection
district, in the state of Idaho, is authorized to and does provide (the "Fire and Life
Protection Services"); and
WHEREAS, the Contract Service Fee is determined, pursuant to the Agreement,
as a percentage of the "Gross Market Valuation Percentage", the "Population
Percentage", and the "Market Valuation", all of which are delineated in section 8 of the
Agreement; and
WHEREAS, pursuant to the Agreement, the method used to determine the
Contract Service Fee is the method used to determine the funding of the Capital Outlay
Expenditure budget as between the City and the District; and
WHEREAS, the Agreement permits the parties to amend or modify, by written
amendment to the Agreement, the method used to determine the Contract Service Fee and
the Capital Outlay Expenditure budget; and
WHEREAS, the City and the District desire to amend and modify the method
used to determine the Contract Service Fee and the Capital Outlay Expenditure budget,
between the City and the District, for the 2006/2007 fiscal year and subsequent fiscal
yeaxs, as the term "fiscal year" is defined by the Agreement, by agreeing to a particular
percentage allocation of such costs and expenses as between the City and District; and
WHEREAS, the City and the District desire to make such amendment and
modification because the City and the District, jointly and severally, through their
respective Council and Board, find and conclude the citizens of the City and the District,
respectively, will benefit, directly and indirectly, from setting, by agreement, the
particular percentage allocation of the costs and expenses to provide the Fire and Life
Protection Services in the City and the District, including capital expenditures, for the
2006/2007 fiscal year and subsequent fiscal years; and
WHEREAS, the purpose of this Memorandum of Understanding and Agreement
is for the City and the District to acknowledge and memorialize their agreement to amend
and modify the method used to determine the Contract Service Fee and the Capital
Outlay Expenditure budget, between the City and the District, for the 2006/2007 fiscal
year and subsequent fiscal years by setting the particular percentage allocation of the
MEMORANDUM OF UNDERSTANDING AND AGREEMENT, Page -1-
costs and expenses to provide the Fire and Life Protection Services in the City and the
District, including capital expenditures, for the 2006/2007 fiscal year and subsequent
fiscal years;
NOW, THEREFORE, for good and valuable consideration, the receipt of which is
hereby acknowledged by the parties hereto, the City and the District hereby acknowledge
and memorialize their agreement for the amendment and modification of the method used
to determine the Contract Service Fee and the Capital Outlay Expenditure budget for the
2006/2007 fiscal year and subsequent fiscal years as follows.
1. Notwithstanding the calculated percentage of the "Gross Market Valuation
Percentage", the "Population Percentage", and the "Market Valuation", as provided in
section 8 of the Agreement, for the 2006/2007 fiscal year, and subsequent fiscal years,
the applicable and effective percentage allocation, for purposes of the Contract Service
Fee and the Capital Outlay Expenditure budget, between the City and the District for the
2006/2007 fiscal yeax and subsequent fiscal years shall be EIGHTY PERCENT (80%)
attributable to the City and TWENTY PERCENT (20%) attributable to the District.
2. Said percentage allocation of EIGHTY PERCENT (80%) to the City and
TWENTY PERCENT (20%) to the District for purposes of the Contract Service Fee and
the Capital Outlay Expenditure budget shall be effective for and as of the 2006/2007
fiscal year, and shall continue for successive fiscal years, until such time as either the
City or the District determine to return to the method provided in section 8 of the
Agreement for determining the percentage allocation for the Contract Service Fee and the
Capital Outlay Expenditure budget for fiscal years.
3. All other terms, provisions, covenants and agreements set forth in the
Agreement shall remain and be the same.
IN WITNESS WHEREOF, the parties have herein executed this addendum.
DATED AND SIGNED this ~ day of , 2009.
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By Council Resolution No.:
MEMORANDUM OF UNDERSTANDING AND AGREEMENT, Page -2-
Meridian Rural Fire Protection
District
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Chairman
Attest:
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By Resolution No.:
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MEMORANDUM OF UNDERSTANDING AND AGREEMENT, Page -3-