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
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~~~istrict Manager Date
USDA Forest Service
Boise National Forest
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Forest Supervisor Date
State of Idaho
Department of Lands
Southwest Idaho Supervisory Area
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Area Supervisor ~ ~ Date
Eagle Fire District
Fire Chief Date
Kuna Fire District
Fi of Date
idian City Fire
City of Meridian
3/7 /Zoo ~.
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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
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Fire hief Date
Star Fire District
Chief
Caldwell Fire Department
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Ada County Emergency Medical Services
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Mutual Aid Agreement 01/18/2002 Page 6
North Ada County Fire and Rescue District
Middleton Fire District
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G. P. I{in ford, o issioner Date
ATTEST:
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. David Navarro, A ounty Clerk
Mutual Aid Agreement 01/18/2002 Page 7
Board of Ada County Commissioners