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HomeMy WebLinkAboutJoint Power Agreement with Meridian Rural Fire & Nampa Rural FireORIGINAL CITY OF MERIDIAN/MERIDIAN RURAL FIRE PROTECTION DISTRICT, CITY OF NAMPA, AND NAMPA RURAL FIRE PROTECTION DISTRICT COOPERATIVE FIRE PROTECTION AGREEMENT (A Joint Exercise of Power Agreement) PARTIES: 1. City of Meridian 2. Meridian Rural Fire Protection District 3. Nampa Fire Protection Board ~- THIS AGREEMENT is entered into this ~ y of ~/,a~,~' , 1999, by and between the City of Meridian, 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, whose address is 1510 East 1 ~` Street, Meridian, Idaho 83642, and Nampa Fire Protection Board pursuant to the Joint Use, Ownership and Operation Agreement for Fire Protection entered into between the City of Nampa and Nampa Fire Protection District, whose address is 923 1 ~` St. S., Nampa, Idaho 83651, hereinafter referred to as "Nampa Fire Protection Board". 1. TITLE OF AGREEMENT: 1.1 Title: The title of this Agreement is the "City of Meridian/ Meridian Rural Fire Protection District, Nampa Fire Protection Board Cooperative Fire Protection Agreement". 1.2 Short Title: This Agreement shall be referred to as the NAMPA- MERIDIAN COOPERATIVE FIRE PROTECTION 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 "Co-Administrators": means and refers to the Fire Chief of each of the Parties to the Agreement who each shall be responsible for the operational administration of this Agreement; CITY OF MERIDIAN/MERIDIAN RURAL FIRE PROTECTION DISTRICT, AND NAMPA FIRE PROTECTION BOARD COOPERATIVE FIRE PROTECTION AGREEMENT - 1 2.2 "Cover Response": An arrangement whereby fire apparatus from one department, pursuant to this Agreement, agree to respond on a temporary basis to incidents occurring within the jurisdiction of the other fire department's area(s). 2.3 "Fire and Life Protection Services": means and refers to the protection of property both real and personal against fire and the preservation of life and shall include those services which each of the Parties to this Agreement is authorized to and does perform for residents residing within the boundaries and persons or entities that own property and otherwise for persons and property found within the boundaries of each of said parties. 2.4 "Incident Commanders: means and refers to the fire department officer or member in charge of any incident to which fire apparatus and personnel respond, pursuant to this Agreement. 2.5 "Meridian Service Contracts: means and refers to that certain agreement by and between Meridian Fire District and the City of Meridian dated the 22nd day of September, 1998, entitled City of Meridian/Meridian Rural Fire Protection District Firefighting and Life Preservation Contract and Joint Exercise of Power Agreement. 2.6 "Mutual Aid Responses: means and refers to a response of one or more fire apparatus, from any fire department to the other, made pursuant to this agreement between the parties. 2.7 "Nampa Fire Protection Board": means and refers to the Joint Use, Ownership and Operation Agreement for Fire Protection entered into between the City of Nampa and Nampa Fire Protection District, organized and existing pursuant to Chapter 14 of Title 31 of the Idaho Code. 3. RECITALS: 3.1 Powers and Intentions of Parties 3.1.1 WHEREAS, "Fire Protection District Law" at I.C. § 31-1430 provides cooperation and reciprocating use of firefighting forces and apparatus between fire protection districts and cities and fire protection districts are empowered to enter into written agreements with other fire CITY OF MERIDIAN/MERIDIAN RURAL FIRE PROTECTION DISTRICT, AND NAMPA FIRE PROTECTION BOARD COOPERATIVE FIRE PROTECTION AGREEMENT - 2 protection districts and cities within the State of Idaho pursuant to Idaho Code §31-1430A and cities are authorized pursuant to Idaho Code §50-301 to enter into agreements for fire protection services; and 3.1.2 WHEREAS, the parties wish to jointly exercise their authority and powers to effectuate the purposes of this Agreement in accordance with the authority of Idaho Law (I.C. §67-2328); and 3.1.3 WHEREAS, the parties to this Agreement realize the high calling and supreme importance of the protection of property against fire and for the preservation of life in each of their boundaries, and the parties also recognize that an event or a series of events could occur which would require more manpower and/or equipment than the party could provide and that it is in the mutual best interests of all of the parties to this Agreement to provide by Agreement for their mutual aid and the protection of property against fire and for the preservation of life hereinafter provided; and NOW THEREFORE, in consideration of the foregoing recitals, considerations and purposes, the parties covenant and agree as follows: 4. DURATION AND TERMINATION: 4.1 Term: This Agreement shall commence on the date hereof, and end at midnight on the 30~' day of September, 1999. 4.2 Renewal Term: This Agreement shall be automatically renewed for additional one-year renewal terms which shall coincide with the current "Fiscal Year", unless a party gives written notice of non-renewal or termination not less than 30 days prior to the 30~` day of September, which shall terminate the agreement on October 1st following the term or renewal term within which the notice was given. 5. NO SEPARATE LEGAL ENTITY CREATED: There shall be no separate legal or administrative entity created by this Agreement. CITY OF MERIDIAN/MERIDIAN RURAL FIRE PROTECTION DISTRICT, AND NAMPA FIRE PROTECTION BOARD COOPERATIVE FIRE PROTECTION AGREEMENT - 3 6. PURPOSE: The purpose of this Agreement is to: 6.1 Provide by Agreement for the Parties' mutual aid for Fire and Life Protection Services as hereinafter provided. 6.2 Provide for a method for termination of this Agreement. 7. OBLIGATIONS OF THE PARTIES: 7.1 Mutual Aid: This Agreement allows any party to furnish to any other party customary fire department services including, but not limited to, responses to fires, medical emergencies, hazardous materials spills, aircraft incidents, and other emergency responses to which either fire department may, from time to time, be summoned. 7.2 Related Services: The Co-Administrators are to ensure that ongoing, cooperative training by and between the Parties' personnel occurs on a regular basis. The Co-Administrators shall ensure the timely exchange of information pertaining to emergency incidents, water sources, fire hazards, street closure and/or changes, communications matters, assignment and use of incident commanders, pre-fire plans, and other information of mutual value to fire department personnel operating within the mutual aid areas. The Co-Administrators agree that purchases of equipment and supplies shall be reviewed frequently. Whenever joint purchasing of such items is found to be mutually beneficial to and financially feasible for both agencies, such purchasing may be pursued. 7.3 Compensation for Services Provided: There shall be no monetary compensation exchanged between the Parties for services provided. The Parties will exchange services. Each Party shall be responsible for payment of wages and other compensation of its employees. 7.4 It is mutually agreed and understood that this Agreement shall not relieve any party of responsibility for services within its own area, nor does this Agreement create any right or obligation to third persons by any party which would not exist in absence of this agreement. CITY OF MERIDIAN/MERIDIAN RURAL FIRE PROTECTION DISTRICT, AND NAMPA FIRE PROTECTION BOARD COOPERATIVE FIRE PROTECTION AGREEMENT - 4 7.5 It is agreed that this agreement for mutual aid shall constitute the sole consideration for performance hereof and that no party shall be obligated to reimburse any other for the use of equipment or manpower. During the course of rendering aid the equipment and manpower of each party shall be at the risk of that party. In the event of a Presidential Disaster Declaration or invocation of the Conflagration Act, and/or in circumstances provided for by Idaho Law, this Agreement will not preclude the parties from seeking reimbursement from responsible parties. 7.6 Good Faith: Each of the parties hereto agrees to attempt to furnish to a requesting party such assistance as the requesting party may deem reasonable and necessary to successfully abate an emergency in the requesting party's jurisdiction. Provided, however, that the party to whom the request is made shall have, in its discretion, the ability to refuse such a request if sending such assistance may lead to an unreasonable reduction in the level of protection within its jurisdiction. 7.7 Incident Management System: The parties hereto agree that they shall operate in conformance with the Incident Management System. In the event of a declared emergency or disaster such incident management shall include record keeping functions so as to document all activities performed under this agreement including but not limited to the scope and context of personnel and equipment committed, operating times, out-of-pocket expenses, and other costs which, but for their response under this agreement, would not have otherwise been incurred. 7.8 Excluded Services: No Party shall be responsible for fire code enforcement, the maintenance of fire hydrants, conducting of fire investigations, or the handling of citizen complaints outside of their respective governmental boundaries by reason of the terms of this Agreement, as such services are and will remain the responsibility of the appropriate Party. 8. FIRE CHIEFS TO SERVE AS "CO-ADMINISTRATORS": 8.1 For purposes of the administration of this Agreement the respective Fire Chiefs of the Fire Departments or their designee shall serve as the "Co- Administrators" of this Agreement. CITY OF MERIDIAN/MERIDIAN RURAL FIRE PROTECTION DISTRICT, AND NAMPA FIRE PROTECTION BOARD COOPERATIVE FIRE PROTECTION AGREEMENT - 5 IN WITNES S WHERIEOF, the parties have herein executed this Agreement and made it effective as herein above provided. ,--~ DATED AND SIGNED this ~_ day of ~f ~,/~ , I999. CITY OF MERIDIAN By: ATTEST: By: ity Clerlc MERIDIAN RURAL FIRE PROTECTION DISTRICT By: Chairman ATTEST: By. Secretary NAMPA FIRE PROTECTION BOARD By: Administrator ly(Z:\Work\M\Meridian 15360M\Fire Dept\MeridNamp.Agr CITY OF MERIDIAN/MERIDIAN RURAL FIRE PROTECTION DISTRICT, AND NAMPA FIRE PROTECTION BOARD COOPERATIVE FIRE PROTECTION AGREEMENT - 7 ,~ RESOLUTION NO. ~~® BY: ~~l£~bt a2 ~e~ ~~ y ~`~~ ~D~c~.e {ne ~. ham. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN, SETTING FORTH CERTAIN FINDINGS AND PURPOSES; AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN AND ENTER INTO, ON BEHALF OF SAID MUNICIPALITY, AN AGREEMENT ENTITLED "CITY OF MERIDIAN/MERIDIAN RURAL FIRE PROTECTION DISTRICT, CITY OF NAMPA, AND NAMPA RURAL FIRE PROTECTION DISTRICT COOPERATIVE FIRE PROTECTION AGREEMENT (A JOINT EXERCISE OF POWER AGREEMENT)", CITY OF MERIDIAN, GRANTOR: BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: WHEREAS, it is in the best interests of the City of Meridian to enter into an agreement with MERIDIAN RURAL FIRE PROTECTION DISTRICT, CITY OF NAMPA AND NAMPA RURAL FIRE PROTECTION DISTRICT, organized and existing pursuant to Chapter 14 of Title 31 of the Idaho Code, denoted as "CITY OF MERIDIAN/MERIDIAN RURAL FIRE PROTECTION DISTRICT, CITY OF NAMPA, AND NAMPA RURAL FIRE PROTECTION DISTRICT COOPERATIVE FIRE PROTECTION AGREEMENT (A 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, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL as follows: 1. The Mayor and Clerk are hereby authorized to enter into and on behalf of the City of Meridian that certain agreement with MERIDIAN RURAL FIRE PROTECTION DISTRICT, CITY OF NAMPA AND NAMPA RURAL FIRE PROTECTION DISTRICT, organized and existing pursuant to Chapter 14 of Title 31 of the Idaho Code, entitled "CITY OF MERIDIAN/MERIDIAN RURAL FIRE RESOLUTION OF THE CITY OF MERIDIAN, AUTHORIZING I CERTAIN FINDINGS AND PURPOSES, AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN AND ENTER INTO, ON BEHALF OF SAID MUNICIl'ALITY AND AGREEMENT ENTITLED "CITY OF MERIDIAN/MERIDIAN RURAL FIRE PROTECTION DISTRICT, CITY OF NAMPA, NAMPA RURAL FIRE PROTECTION DISTRICT (A JOINT EXERCISE OF POWER AGREEMENT") PROTECTION DISTRICT, CITY OF NAMPA, AND NAMPA RURAL FIRE PROTECTION DISTRICT COOPERATIVE FIRE PROTECTION AGREEMENT (A 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. PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this f ~ day of ~c~-r...~_ , 1999. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this ~Sfh day of _ ~~ , 1999. ATTEST: ~~,~ CITY CLERK msg\Z:\Work\M\Meridian 15360M\Fire ~` ~`~ '~~ ~~ ~~ 9 ,~ ,C ~~ ~,',~~~~~~1~li10 4111N~~~,,~t'`4 RESOLUTION OF THE CITY OF MERIDIAN, AUTHORIZING CERTAIN FINDINGS AND PURPOSES, AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN AND ENTER INTO, ON BEHALF OF SAID MUNICIPALITY AND AGREEMENT ENTITLED "CITY OF MERIDIAN/MERIDIAN RURAL FIRE PROTECTION DISTRICT, CITY OF NAMPA, NAMPA RURAL FIRE PROTECTION DISTRICT (A JOINT EXERCISE OF POWER AGREEMENT") 2 Meridian City Counal Meeting June 15, 1999 Page 71 Gordon: One more i#em that isn't on here, I'd like to compliment Mr. Gigray and his staff as far as Steve Rutherford and Kathy Edwards, the quantity and the quality of prosecution that we're getting out of those two is probably the best that I've seen in my career so thank you. Gigray: I might add I have loads of confidence in those two, I think they have done an excellent job and Steve's been with us the longest and he helped get Kathy trained and into this and Pm just real happy and I appreciate the Chiefs comments. Cowie: Kathy goes after them doesn't she. Gigray: Yes, she does. She won another one today I think. Cowie: Oh did she? I wouldn't want to go up against her but I'm not an attorney so -- Bill Gordon - he already did that. Kenny Bowers, fire protection agreement with Nampa. 22. E. 1. KENNY BOWERS: FIRE PROTECTION AGREEMENT WITH NAMPA: Bowers: Mayor Currie and City Council members, we had not had a mutual aid agreement betwreen Nampa and Meridian, it's always been just a handshake and with the problems going around people wanting to sue everything and everybody we decided we better get some things down in writing. This is a mutual aid agreement between Meridian and Nampa and what this is is if they need manpower or any other equipment and ask for it we are able to go over and supply it or vise versa. There's also wording in this contract that if I have people on emergencies already that we can say no to Nampa and we won't need to scrounge and leave our city unprotected which i will not do. The Meridian Rural Commissioners have already signed it, Ron was going to take it to his Commissioners last night and we thought we'd bring it to the City Council tonight and if you guys have any questions we'd sure like to answer them for you. Currie: Kenny, since a handshake isn't any good anymore is that because of Ron's being here? (Inaudible) Bentley: Kenny, has the attorney reviewed this? Bowers; Yes Councilman Bentley, the attorney for the Rural has went through it, our attorney Gigray has went through it, Nampa's attorney has went through it, so all of them have went through it and did their final Ys and I's and it took us quite awhile but we got it fixed up. Meridian City Counal Meeting June 15, 1999 Page 72 Bentley: Thank you. Bowers: Was there any wording in there you had questions on or anything? Bird: What's the resolution number? Bentley: That's the only wording we're missing. Bowers: And Ron, do you have the originals? (Inaudible) Bentley: Mr. Mayor, I move we approve Resolution No. 239, authorize the Mayor to sign and the Clerk to attest. Bird: Second. Cowie: Motion made and seconded that we approve Resolution No. 239, Mayor to sign and the Clerk to attest. Any further discussion? Hearing none. All those in favor of the motion say aye. Opposed no. MOTION CARRIED: ALL AYES. 22. F. 1. MAYOR CORRIE: SET UP MEETING TIME FOR RURAL FIRE BUDGET: Cowie; Set up a time for the Rural Fire budget, when do you guys want to meet with the Rura! on the budget? Anderson: Mr. Mayor, just a comment. Most of us have forgot but in that Joint Powers Agreement that the City signed with the Rural Fire District last year there was a clause in there that we would meet ninety days prior to the budgeting process and go over capital expenditures and things like that with the Rural District and most of us have forgot that and that's why they are requesting this meeting and I think it's probably prudent that we discuss that with them with all the plans of this station coming on line and then the planning for the second substation. Rountree: Okay, the question is when? Anderson: How about the twenty-ninth? Cowie: Of June? Bird: Okay with me.