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HomeMy WebLinkAboutJoint Venture Agreement with Meridian Rural Fire District ,~ JOINT VENTURE AGREEMENT THIS AGREEMENT, made and entered into-this ~hday of Februar_Y 19£32 by and between the City of Meridian, Idaho, hereinafter referred to as the "City" and the reridian Rural Fire District, a Fire Protection District of the State of Idaho, hereinafter referred to as the District, W I T N E S S E T H: WHEREAS, the City and the District have the governmental duty of providing fire protection within their respective juris- dictions and as part of that duty own and operate fire fighting equipment; WHEREAS, the City and the District are in need of new fire fighting equipment and neither entity has the funds to purchase by itself, the necessary equipment to provide the adequate and necessary fire fighting equipment; WHEREAS, the City and the District cooperate with one another extensively in providing fire protection; that the City and the District often use the others equipment and fire fighting apparatus; WHEREAS, it is in the best interests of the City and the District, and the tax payers of both entities, that they cooperate. to all extents possible so that duplication is not created, and to reduce the costs and expenses of both entities in providing necessary and adequate fire protection- WHEREAS, the City and District have prior agreements as to cooperation and use of facilities, housing, and equipment pursuant to Idaho Code 31,1424; NOW, THEREFORE, it is hereby understood and agreed by the parties, as follows: ~. fire truck, apparatus and equipment described in Exhibit "A" attached hereto and by this reference incorporated herein as if set forth in full; that the additional purpose of this joint venture is to commonly use and maintain the fire truck. The joint venturers hereby specifically state that they are not partners nor does this agreement constitute a partnership agreement but is entered into under the authority o.f Idaho Code 31-1424. 2. That the parties shall be jointly and severally liable for all payment obligations under the lease, including but not limited to lease payments, inSUrance payments, and taxes, if any; that, while the parties are jointly and severally liable to the Lessor under the lease, they shall be liable one to the other for all obligations that are not paid in the proportion hereinafter agreed upon, but which are paid by one party or by the other, solely or disproportionately, and the one party not meeting its propor- tionate obligations shall pay to the other party funds to meet its obligations; that this obligation to repay the other party shall apply not only to lease obligations, but also to maintenance and all other costs associated with the equipment described in Exhibit "A", including replacement thereof. 3. That the City shall share and pay for all lease obliga- tions, maintenance, costs, and expenses to the extent of fifty percent (50%); that the District shall share and pay for all lease obligations, maintenance, costs and expenses to the extent of fifty percent (50~); that the above limitations are as between the parties themselves as it is agreed that one party or the other II 4. That, in the event the parties desire to purchase the fire equipment, they shall do so jointly and the title to said equipment shall be in both entities. In the event one party desires to purchase and the other does not, the buying party may do so individually, but the buying party shall pay to the non- buying party one-half of the appraised value of the equipment as determined as of the date of purchase, and the buying entity shall receive credit for all lease payments afforded the lessor, if any. 5. In the event both parties hereto eventually own the fire equipment and the parties decide to sell all or any part thereof, the proceeds of sale shall be divided in the same proportions as set forth in Paragraph 3 hereinabove. 6. That each party shall carry the fire equipment on their books in the same proportion as set forth in Paragraph 3 hereof. 7. That, in the event a liability is created due to the use of the fire equipment, that liability shall be borne by the party using the equipment; that is, if the equipment is sent to and used on a fire within the Rural District and a liability is created, the Rural District shall be responsible for that liability; that in the event the non-user is also held liable, the using party shall reimburse the non-user for any funds the non-user pays out as a result of that liability and the user shall indemnify and hold harmless the non-using party. 8. That in the event the equipment is injured or damaged, i the party using the equipment at the time it is injured or damaged shall have the responsibility to pay for and see that all damage ,- on the equipment. 9. That the equipment shall be used by no entity other than these contracting parties and for no other uses other than those ~Eor which either entity is lawfully authorized to use said equipment 10. That this agreement may be amended from time to time as the parties shall agree unanimously. 11. That the provisions of this agreement shall be binding upon the successors, executors, and assigns o.f_ the parties hereto. IN WITNESS WHEREOF, the parties hereto have affixed their hands the day and year in this agreement first above written. i~'PT£ST y c;le CITY OF r~'iERIDIAN IIy MAYOR 2JIERIDIAN RURAL FIRE DISTRICT, a fire protection district of_ the State of Idaho ATTEST Secretary By r~j w EXHIBIT "A" One (1) Pierce 1500 GP~i Custom pumper with Two Two On e One One One One Tw o kbur One One Two One Two 700' 750 Gallon Booster Tank, powered by Detroit 8V92TA Diesel Engine, with standard equipment as set forth in the Pierce Proposal Specifications (2) Scott Pressure Demand Air Masks - Mounted (2) Extra Scott Bottles - Mounted (1) Fitted Hose Bed Cover (1) Akron #2285 - 2 1/2" Hydrant Gate (1) Set - 2 1/2" Double Male #336 and 2 1/2" Double Female #335 Connectors (1) Federal Night Fighter Light - Plounted (1) Akron #1581 Gated Wye 2 1/2 x 1 1/2 x 1 1/2 (2) Akron #1730 - 2 1/2" Turbojet Playpipe Assembly (4) Akron #1715 - 1 1/2"Turbojei. Nozzels (1) Akron #448 Spanner Wrench Holder Set with 4drenches (1) Akron #1583 - 5" F x 2 1/2F x 2 1/2 F Gated Siamese (2) 20' Lenghts 3" soft Suction Hose Coupled 2 1/2" M and F Long Handles Female End (1) Mobile Radio 40 Watt - Mounted (2) Portable Radios 5 64att of 1 1/2"B.F. Goodrich Cotton Polyester Double Jacket Fire Hose 600# Test Coupled 50' Lenghts NST Couplings Light Weight of 3" Hose B.E'. Goodrich Cotton Polyester Double Jacket Fire Hose 600# Test Coupled 50' Lenghts 2 1/2"-NST Couplings Light 6deight 1200'