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HomeMy WebLinkAboutMutual Aid Agreement with Local Fire DistrictsHu1Y11. IVV. ~~.! 7 ~,~,,., ' ') FS # O1-FI-1 1 0402 1 5-079 IN '~ ' ,~ MUTUAL AID AGREEMENT PARTICIPATING PARTIES This agreement is made and entered into this 11th day of February 2002 by and between the US Bureau of Land Management, USDA Forest Service-Boise National Forest, Idaho Department of Lands, Ada Coti}rity Emergency Medical Services, Boise Fire Department, Caldwell Fire Department, Eagle Fire District, Kuna Fire District, Meridian City Fire/Rural District, Middleton Fire District, North Ada County Fire and Rescue District, Star Fire District, and Whitney Fire District. PURPOSE It is possible that an incident.could occur within the boundaries of any of the parties which would be of such magnitude that it would require more personnel, skills, and/or equipment than any individual party could reasonably provide; and The parties have determined that it is in the best interest of each of the parties and the citizens whom they serve to provide for additional personnel, equipment and supplies in the event of an incident which requires more personnel and/or equipment than an individual party could reasonably provide; and It is desirable that resources and facilities of the federal government, state government, local fire districts and departments, and other public agencies, be made available to prevent and combat wildfires; and It is necessary and desirable that an appropriate agreement be executed for the interchange of such mutual aid. AUTHORITIES This Mutual Aid Agreement is authorized under: • Cooperative Fire Protection Agreement, O 1-FI-11046000-014, 8/29/01. • Idaho State Code, Chapter 10, Section 46-1014. • Cooperative Forestry Assistance Act of 1978 (16 USC 2101 (note)). • Reciprocal Fire Protection Act of 1955 (42 USC 1856). . • Public Law 94-148 (16 USC 565a-1-3). • Taylor Grazing Act of 1934 (43 USC 315). • Federal Land Policy & Management Act of 1976 (43 USC 1701). • Granger-Thye Act of 1950 (16 USC 572). • Section 501, Economy Act of 1932 (31 USC 586) as amended. • Idaho State Disaster Preparedness Act, Section 46-1001. • Idaho Forestry Act, Title 38-Chapter 1 (Idaho Code). • Ada County Local Emergency Planning Committee (LEPC). • This Mutual Aid Agreement must be filed with the Idaho .Secretary of State in accordance with Idaho Code 67-2329 before it shall be binding. Mutual Aid Agreement 01/18/2002 Page 1 FS # O1-FI-11040215-079 DURATION AND MODIFICATION The term of this Agreement shall commence on the date the last party signs below and shall remain in effect for five (5) years from that date. A review of this Agreement will be conducted every five years for appropriateness and modified or renewed for a period of not more than five (5) years from the date the last party signs the modification or renewal. However, any party to this agreement may withdraw from it at any time by giving thirty (30) days written notice to the other parties. Amendments or modifications to this agreement maybe made upon written agreement of all parties. All notices of modification under this agreement shall be distributed utilizing one of the following methods of notification: registered or certified mail, with return receipt requested. Effective date of such notice shall be three (3) days after the date of posting with the United States Postal Service with said notice being sent to each of the following: Fire Chief Fire Chief Boise City Fire De artment Meridian Ci Fire De artment ~5 ~~ ~ -toy dud. 540 E. Franklin Rd. PO Box 500 Meridian, ID 83642 Boise, f D 83701 Fire Mana ement Officer Fire Chief US Bureau of Land Mana ement Meridian Rural Fire District Lower Snake River District 540 E. Franklin Rd. 3948 Develo ment Meridian, ID 83642 Boise, ID 83701 Fire Mana ement Officer Fire Chief USDA Forest Service North Ada Coun Fire and Rescue District Boise National Forest 5800 Glenwood 1249 S. Vinnell Wa ,Suite 200 Boise, ID 83714 Boise, ID 83709-1663 Area Su ervisor Fire Chief State of Idaho De artment of Lands Star Fire District Southwest Idaho Su erviso Area P.O. Box 265 8355 W. State Star, ID 83669 Boise, I D 83703 Fire Chief Fire Chief Ea le Fire De artment Whitne Fire District 966 E. Iron Ea le Drive 9500 Overland Rd. Ea le ID 83616 Boise, ID 83709 Mutual Aid Agreement 01/18/2002 Page 2 FS # O 1-FI-11040215-079 Fire Chief Fire Chief Kuna Fire District Caldwell Fire De artment P.O. Box 607 310 S. 7 Kuna, I D 83634 Caldwell I D 83605 Director Fire Chief Ada County Emergency Medical Services Middleton Fire District 5870 Glenwood 302 Star Blvd. Boise, ID 83714 Middleton, ID 83644 AREAS OF AGREEMENT 1. The parties to this agreement shall develop an operating plan known as the Ada County Wildfire Contingency Plan providing for the effective mobilization and utilization of its resources to manage wildfires. Such plan shall list the resources and services that can be made available by the parties to this agreement and shall indicate the method and manner by which such resources and services can be utilized by the other parties. 2. Each party to this agreement agrees to furnish those resources and services to the other pazty(s) as necessary to assist in preventing and combating wildfires in accordance with the adopted Ada County Wildfire Contingency Plan. 3. It is understood that unless the Ada County Wildfire Contingency Plan dictates otherwise all services and/or resources provided under the terms of this Mutual Aid Agreement aze furnished and/or supplied voluntarily and at the discretion of the furnishing agency. The furnishing agency shall have the primary interest of protecting the welfare of its own constituency and does not assume any responsibility or liabilities in not providing resources and/or services to other parties of this agreement. 4. It is understood that the agreements entered into here and the corresponding Ada County Wildfire Contingency Plan shall not supplant pre-existing mutual aid agreements nor deny the right of any party to negotiate supplemental mutual aid agreements. 5. Mutual aid extended pursuant to this agreement shall be furnished in accordance with the provisions of Title 46, Chapter 10, Section 46-1014; Title 31, Chapter 14, Sections 31-1430, 31-1430A; as well as other provisions of law. 6. The parties hereby agree to beaz any and all costs and liabilities arising from their obligations under this agreement to the extent they are legally obligated to do so pursuant to the Mutual Aid Agreement 01/18/2002 Page 3 FS # O1-FI-11040215-079 Federal Tort Claims Act, 28 U.S.C. 267, et seq., or applicable State law. 7. The Requesting Party shall first call the party neazest to the wildfire incident unless the specified resources of a more distant party are required. The Responding Party will furnish personnel and equipment as requested and as available, and/or impose a mileage limitation from the Responding Party's District Boundary. 8. It shall be the responsibility of the Requesting Party to release the resources loaned by the Responding Party in a timely manner so as to ensure that the resources loaned by the Responding Party aze not needlessly detained. If appropriate, a time limitation as to number of hours spent on any wildfire incident maybe imposed. 9. The qualifications of fire suppression personnel, minimum requirements for personal protective equipment, and fire suppression equipment performance standazds will be identified in an Ada County Wildfire Contingency Plan by the parties to this agreement in accordance with their respective standazds. The Fire Chief of the Responding Party will send only those personnel that meet the identified qualifications, requirements, and standazds. 10. Except as otherwise specified, the Requesting Party shall not be liable for any compensation to the Responding Party for the loan of any equipment or personnel. 11. Parties to this Agreement aze not obligated to make expenditures of funds or reimbursements of expenditures under terms of this Agreement unless such funds aze appropriated for that purpose by the Congress of the United States of America, by the State of Idaho, by the County of Ada, by the City of Boise, the City of Caldwell, the City of Meridian and the Governing Board of Fire Commissioners, and/or by the Governing Boazd of Fire Commissioners of Eagle, Kuna, Middleton Board of Fire Commissioners, Meridian, North Ada County, Star, and Whitney Fire Districts. 12. The Ada County Wildfire Contingency Plan will be prepared and used to define (and update) specific operating procedures prior to each fire season. DEFINITIONS RESPONDING PARTY: Any party to this Agreement who has been requested by another party to this Agreement to furnish, loan, and dispatch resources such as equipment and personnel under the terms of this Agreement. In no event shall any liability be imposed or attached to a Responding Party for failure to furnish any resource. If the parties respond independently (without request), all elements of this Agreement aze assumed to be in effect. REQUESTING PARTY: Any party to this Agreement who has a wildfire incident within the boundaries of its district or corporate limits, and such wildfire incident requires more resources than said party can reasonably provide itself and said party requests of another party to this Agreement to furnish, loan, and dispatch additional resources to aid said party. Mutual Aid Agreement 01/18/2002 Page 4 FS # O1-FI-11040215-079 GROSS NEGLIGENCE: An extreme departure from the course of action to be expected of a reasonably prudent person, all circumstances being considered, and accompanied by a reckless, deliberate, or wanton disregard for the foreseeable consequences of the act. IN WITNESS WHEREOF, the parties hereto have executed this Mutual Aid Agreement. U.S. Bureau of Land Management Lower Snake River District .J.C\~ ~~~'1lallx~ol. ~~~istrict Manager Date USDA Forest Service Boise National Forest Gv~t ~ GU:~,~ o z2 ~y Forest Supervisor Date State of Idaho Department of Lands Southwest Idaho Supervisory Area ,~-- 2/Z$ /oZ Area Supervisor ~ ~ Date Eagle Fire District Fire Chief Date Kuna Fire District Fi of Date idian City Fire City of Meridian 3/7 /Zoo ~. 3- //-o~ Attest: Honorable Mayor n Date Mutual Aid Agreement 01/18/2002 Page 5 '' ~ FS # O 1-FI-11040215-079 IN WITNESS WHEREOF, the parties hereto have executed this Mutual Aid Agreement. Whitney Fire District u/'-~ Fire hief Date Star Fire District Chief Caldwell Fire Department ~:• ,. ,L Mayor ~ ; :~ ~: ~ ' ~1 i U . ,~ w JAN 15, c'~ ~~~ , •1~~0 ~~~nww~~ ~0 ,~~ ~b~.IV C ~ T ~,,•~ ~~,,• Ada County Emergency Medical Services ~,~~ Z Date DirDir o Date ~I~ Date Mutual Aid Agreement 01/18/2002 Page 6 North Ada County Fire and Rescue District Middleton Fire District Z- G. P. I{in ford, o issioner Date ATTEST: r j . David Navarro, A ounty Clerk Mutual Aid Agreement 01/18/2002 Page 7 Board of Ada County Commissioners