HomeMy WebLinkAbout03-416 Intermountain Regional Mutual Assistance
CITY OF MERIDIAN
ADA COUNTY, IDAHO
RESOLUTION NO.
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By: Kef d'L. IJircL
A RESOLUTION OF THE CITY OF MERIDIAN, ADA COUNTY, STATE
OF IDAHO, AUTHORIZING THE CITY TO ENTER INTO AN AGREEMENT
ENTITLED INTERMOUNTAIN REGIONAL MUTUAL ASSISTANCE AGREEMENT
[A MUTUAL AID AND JOINT EXERCISE OF POWER AGREEMENT] PROVIDING
FOR REGIONAL MUTUAL FIRE AND/OR MEDICAL EMERGENCY AND/OR
DISASTER AND/OR OTHER STATE OF EMERGENCY ASSISTANCE.
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE
CITY OF MERIDIAN, ADA COUNTY, STATE OF IDAHO, AS FOLLOWS:
SECTION 1: Findings:
1.1 This City has occasioned and is likely to occasion in the future a fire and/or
medical emergency and/or disaster and/or other state of emergency within its
boundaries which has required and is likely in the future to require more
Resources than this City can reasonably provide by itself; and
1.2 This City, together with neighboring Districts, Cities, Fire Districts and other
governmental entities, mutually recognize that each has a duty and responsibility
within their boundaries to respond to a fire and/or medical emergency and/or
disaster and/or other state of emergency; and
1.3 This City, together with neighboring Districts, Cities, Fire Districts and other
governmental entities could mutually provide to each other Resources or
otherwise provide support for and in response to a fire and/or medical emergency
and/or disaster and/or other state of emergency occurring within their respective
boundaries; and
1.4 It is in the best interests of the preservation oflife of persons and property found
within the boundaries ofthis City that the governing body of this City provide for
additional Resources in response to a fire and/or medical emergency and/or
disaster andlor other state of emergency; and
1.5 There has been a collective effort on the part of Cities, Districts and other
government entities who are potential parties to develop a written agreement
entitled "INTERMOUNTAIN REGIONAL MUTUAL ASSISTANCE
AGREEMENT [A Mutual Aid and Joint Exercise of Power Agreement,"
hereinafter referred to for convenience as IRMAA, a true and correct copy
of which is attached marked appendix 1.5] to provide the tenus and conditions
RESOLUTION - 1
upon which each could provide Resources or otherwise provide support for and in
response to a fire and/or medical emergency andlor disaster and/or other state of
emergency occurring within their respective boundaries and which serves as a
cooperative mutual aid and joint exercise of power agreement among Districts,
Cities, Fire Districts or other government entities both state and federal, and/or
subdivisions thereof; and
1.6 IRMAA provides for the facilitating of mechanisms for cost reimbursement for
responses to incidents which is of mutual benefit to all potential parties; and
1.7 This City has authority to enter into IRMAA as further set forth therein Article 2
and all preliminary approval of any state officials as required has been completed;
and
1.8 It is hereby found that it is in the best interests of this City that this City become a
party to IRMAA.
SECTION 2: Action:
NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING
DECLARATIONS, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE
CITY OF MERIDIAN AS FOLLOWS:
2.1 The Mayor and City Clerk are authorized to execute lRMAA and to
thereby fully bind this City to the Agreement's terms and conditions; and
2.2 The City Clerk is directed to provide notice of this action as provided in
Section 14.6 of IRMAA.
2.3 EMERGENCY CLAUSE: The Mayor and City Council do hereby
adjudge that it is necessary for the immediate protection of the health and
safety of the persons and property found within this City that this
resolution shall take effect immediately upon its passage and approval, an
emergency is hereby declared to exist and this resolution will be in full
force and effect immediately upon its passage by the City Council.
RESOLUTION - 2
. ~~
PASSED BY THE CITY COUNCIL ofthe City of Meridian this 2b -day of
&cIvbtA./ ,2003.
APPROVED BY THE MAYOR of the City of Meridian this 21311.- day of
Oc/tJ~, ,2003.
ATTEST:
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I certify that the above resolution was duly adopted by the City Council of the
City of Meridian held on t7cfv~ 2- B ,2003 by the following vote:
Ayes: 4-
Nays: tJ
Absent: (J
RESOLUTION - 3
Draft Date
4/28/2003
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INTERlVIOUNTAIN REGIONAL MUTUAL ASSISTANCE AGREEMENT
[A lVIutual Aid and Joint Exercise of Power Agreement1
THIS AGREEMENT made this 26 day of Oc-lv he v
and between the Parties as herein this Agreement defined.
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NOW, THEREFORE, in consideration ofthe mutual terms, covenants, and conditions
contained herein and the recitals set forth above which are a material part of the Agreement, the
Parties agree as follows:
SECTION 1
DEFINITIONS
1.1 Agreement: Means and refers to this Agreement.
1.2 Ambulance District: Means and refers to any Ambulance Service District which is a
Party to this Agreement.
1.3 Central Notice: Means and refers to the Bureau of Disaster Services of the State of
Idaho and for purposes of the joint exercise of power provisions of state law shall serve as the
administrator.
1.4 City: Means and refers to any City which is a Party to this Agreement.
1.5 EMS: Means and refers to Emergency Medical Services.
1.6 EMS Resources: Means and refers to personnel and/or equipment which provide
licensed Emergency Medical and/or Ambulance Services.
1.7 Fire District: Means and refers to any Fire Protection District which is a Party to this
Agreement.
1.8 Incident: Means and refers to a fire and/or medical emergency and/or disaster and/or
other state of emergency which occurs within any of the boundaries of the Parties to the
Agreement which requires more Resources and/or EMS Resources, as the case may be, than the
Party can reasonably provide by itself.
1.9 Incident Command: Means and refers to the assumption of deployment of a
Responding Party's resources by the Requesting Party which occurs at such time as the
Responding Party's Resources report to the Requesting Party at the Incident.
INTERMOUNTAIN REGIONAL MUTUAL ASSISTANCE AGREEMENT-2
1.9.1 Incident Command may be further defined by an IRMAA Area Protocol developed
pursuant to Section 14.7. .
1.10 IRl\1AA: Means and refers to this Agreement.
1.11 IRl\1AA Protocol: Means and refers to a written agreement [see section 14.7] by and
among some of the Parties to this Agreement within a geographic area served by those Parties
providing for protocolls of their Requests and Responses to an Incident occurring within that
geographic area defined in the JRMAA ProtocoL
1.12 Licensed: Means and refers to the regulation and requirement to be licensed and/or
certified by the State of the Party as a condition of rendering Emergency Medical and/or
Ambulance Services.
1.13 Party/Designee: Means and refers to a Party's designation pursuant to Section 4.6 of
this Agreement of the personls to work jointly with the other parties to administer the
cooperative undertaking established in this Agreement.
1.14 Party/Parties: Means and refers to any Potential Party/Parties who have completed the
actions as required in Section 14.5 to become a Party to'this Agreement.
1.15 Personnel: Means and refers generically to any volunteer and/or employee of a Party.
1.16 Potential Party/Parties: Means and refers to any Ambulance District, City, Fire District
or other government entity whether state or federal, and/or subdivision thereof which has
Resources and/or EMS Resources and can respond to or otherwise provide support for an
Incident.
1.17 Requesting Party: Means and refers to any Party to this Agreement which suffers an
Incident, and which Party requests of another Party to furnish, loan and dispatch additional
resources to aid such Party.
1.18 Resources: Means and refers to persOlme1 and/or equipment capable of rendering aid in
response to an Incident and includes EMS Resources.
1.19 Responding Party: Means and refers to any Party to this Agreement which has been
requested by another Party to this Agreement to furnish, loan and dispatch such resources as
equipment and personnel under the terms of this Agreement.
SECTION 2
RECITALS AND ST ATE LAW PROVISIONS AND PARTY DECLARATIONS
2.1 Each Party Finds:
INTERMOUNTAIN REGIONAL MUTUAL ASSISTANCE AGREEMENT-3
2.1.1 It is possible that an Incident could occur within the boundalies of any Party; and
2.1.2 It is in the best interests of each of the Parties and the residents, property owners
and other persons whom they serve to provide for additional Resources in response to an
Incident; and
2.1.3 Potential PartiesIParties have resources and/or are able to provide support in
response to an Incident.
2.1.4 They can provide for additional Resources in response to Incidents by a written
Mutual Assistance Agreement which serves as a mutual aid and joint exercise of power
agreement; and
2.1.5 They can facilitate mechanism or program which funds cost reimbursement for a
response to an incident by a written Mutual Assistance mutual aid andjoint exercise of power
agreement; and
2.1.6 Those Parties domiciled in the State of Idaho have authority to enter into this
agreement with other parties domiciled in the State of Idaho and Parties domiciled in other states
pursuant to the provisions ofIdaho Code Sections 67-2326,67-2328,31-1430, and 31-1430(A),
and
2.1.6.1 Those Parties which are State Agencies of the State ofIdaho have
authority to provide mutual aid, including personnel, equipment and other available resources, to
assist cities or political subdivisions in accordance with mutual aid agreements or at the direction
of the governor pursuant to the provisions of Idaho Code Section 67-2339; and
2.1.6.2 Those Parties domiciled in the State of Idaho who are Ambulance Districts
may enter into a cooperative agreement with adjacent counties to provide services within such
counties and the provisions of this Agreement shall be considered as such a mutual aid or
cooperative assistance agreement pursuant to the provisions of Idaho Code Section 31-3906.
2.1.7 Those Parties domiciled in the State of Oregon have authority to enter into this
Agreement with other parties domiciled in the State of Oregon and Parties domiciled in other
states pursuant to the provisions ofORS Sections 190.010 and 190.420.
2.1.7.1 Those Parties domiciled in the State of Oregon who participate in or who
have formed an Emergency management agency are empowered to perform emergency program
management functions within the territorial limits of the county or city and may perform such
functions outside the territorial limits as required under any mutual aid or cooperative assistance
agreement and the provisions of this Agreement shall be considered as such a mutual aid or
cooperative assistance agreement pursuant to the provisions of ORS Section 401.305; and
INTERMOUNTAIN REGIONAL MUTUAL ASSISTANCE AGREEMENT-4
2.1.7.2 Those Parties domiciled in the State of Oregon which are Rural Fire
Protection Districts may operate or acquire and operate, or contract for the operation of, EMS
Resources both within and without the boundaries of the district by reason ofORS Section
478.260. Such Parties may conduct ambulance operations only in conformance with a county
plan adopted under ORS 682.205 for ambulance services and ambulance service areas and with
rules ofthe Department of Human Services of the State of Oregon relating to such services and
service areas. Service authorized under a county plan includes authorization for a district to
provide ambulance services by intergovernmental agreement with any other unit afloeal
government designated by the plan to provide ambulance services and this Agreement therefore
serves as an intergovernmental agreement for such Parties to provide EMS Resources.
2.1.8 Those Parties domiciled in the State of Washington have authority to enter into
this Agreement with other parties domiciled in the State of Washington and Parties domiciled in
other states pursuant to the provisions ofRCvV A 39.34.030.
2.1.8.1 The adjutant general and the director of each local organization for
emergency management in the State of Washington may, subject to the approval ofthe governor,
enter into mutual aid arrangements with emergency management agencies or organizations in
other states for reciprocal emergency management aid and assistance in case of an Incident too
great to be dealt with unassisted pursuant to the provisions ofRCWS 38.52.091.
2.1.8.2 The Governor of the State of Washington may on behalf of the State of
Washington enter into mutual aid arrangements with other states and territories, or provinces of
the Dominion of Canada and to coordinate mutual aid interlocal agreements betvveen political
subdivisions of the state of Washington to respond to an Incident pursuant to the provisions of
RCW A 38.52.050.
2.1.8.3 Those Parties domiciled in the State of Washington which are a code city
may participate in the creation of local organizations for emergency services, provide for mutual
aid, and exercise all of the powers and privileges and perform all ofthe functions and duties, and
the officers and employees thereof shall have the same powers, duties, rights, privileges and
immunities as any city of any class, and the employees thereof, have in connection with
emergency services as provided in chapter 38.52 RCW in the manner provided by said chapters
or by general law pursuant to the provisions ofRCW A 35A.38.010.
2.1.9 Those Parties domiciled in the State of Nevada have authority to enter into this
Agreement with other parties domiciled in the State of Nevada and Parties domiciled in other
states pursuant to the provisions ofN.R.~. 277.117 and N.R.S. 277.120.
2.1.10 Those Parties domiciled in the State of Utah have authority to enter into this
Agreement with other parties domiciled in the State of Utah and Parties domiciled in other states
pursuant to the provisions ofU.C.A. 1953 S 11-13-201.
2.1.10.1 Those EMS Resource service providers domiciled in the State of Utah
may pursuant to the provisions ofU.C.A. 1953 S 26-8a-402 enter into a mutual aid agreement to
INTERMOUNTAlN REGIONAL MUTUAL ASSISTANCE AGREEMENT-5
allow another EMS Resources service provider to give assistance in times of unusual demand
and may respond to an EMS Resources request that originates from the exclusive geographic
area of another EMS Resources service provider,
2.1.1 0.2 Those Parties who are Fire Districts domiciled in the State of Utah may
contract with any fire protection district, or with any town, city or municipal corporation or
governmental agency or private person or persons to consolidate or cooperate for mutual fire
fighting protection and prevention purposes; or, for mutual fire fighting, protection pursuant to
the provisions ofU.C.A. 1953 S 17A-2-615
2.1.10.3 Those Parties who are political subdivisions domiciled in the State of
Utah are authorized to enter into mutual-aid compacts with other political subdivisions within the
state of Utah concerning matters involving cooperative disaster response and recovery assistance
support pursuant to the provisions ofU.C.A. 1953 S 63-5a-9
2.1.11 Those Parties domiciled in states other than Idaho, Nevada, Oregon, Utah and
Washington have authority pursuant to the law of their state of domicile to enter into this
Agreement.
2.1.12 Those Parties which are created and exist by reason and virtue of Federal Law
have authority pursuant to the law of the United States of America to enter into this Agreement.
SECTION 3
SUPERSEDENCE AND TERMINATION OF EXISTING MUTUAL AID
AGREEMENTS
3.1 This Agreement shall supersede and terminate any existing mutual aid/assistance
agreementls [not including agreements referenced in section [14.4] between andlor among the
Parties only at such time as the Parties to the existing mutual aid agreement have become Parties
to this Agreement.
SECTION 4
NO SEPARATE LEGAL OR ADlVlINISTRATIVE ENTITY CREATED! JOINT
EXERCISE OF POWER AGREEMENT PROVISIONS
4.1 This Agreement does not create any separate legal or administrative entity.
4.2 There shall be no joint board and Central Notice shall serve as the administrator
established by this Agreement, which shall serve the special function of the receipt and
distribution of notice to the Parties as provided in Section 12 ofthis Agreement.
INTERMOUNTAIN REGIONAL lvfUTUAL ASSISTANCE AGREEMENT-6
4.3 The extent of the performance ofthis Agreement by any Party is financed by that Party
and therefore no budget will be established or maintained collectively by the Parties.
4.4 No property, either real or personal, will be acquired under the terms of this Agreement,
and no provisions are herein made for any disposition of property upon termination of this
Agreement by all Parties and/or upon the withdrawal of a Party from the Agreement.
4.5 This Agreement shall not relieve any public agency of any obligation or responsibility
imposed upon it by law except that to the extent of actual and timely performance thereof by a
joint board or other legal or administrative entity created by agreement made hereunder, said'
performances may be offered in satisfaction ofthe obligation or responsibility.
4.6 Pursuant to Idaho Code Section 67-2328(d) (1) and RCW A 39.34.030 each party to this
Agreement shall designate Party/Designee to work jointly with the other parties to administer the
cooperative undertaking established in this Agreement and to provide notice of the same to
Central Notice.
4.7 This Agreement shall be filed and opinions obtained in order to comply with joint
exercise of power law of the various states as follows:
4.7.1 For Parties Domiciled in the State of Idaho the Agreement will be filed with the
Idaho Secretary of State who will request an opinion of the Attorney General of the State of
Idaho that this agreement does not violate the provisions of the Constitution of the United States,
or the Idaho Constitution and statutes in order to comply with Idaho Code S67 -2329 because this
Agreement involves parties [public agencies] of two states; and
4.7.2 Before a State Agency of the state of Oregon as defined in ORS section 190.430
(3) becomes a party to this Agreement this Agreement shall be submitted to the Attorney General
ofthe State of Oregon to determine whether this Agreement is in proper form and compatible
with the laws of the State of Oregon to comply with ORS section 190.430. The Oregon State
Agency shall be responsible for any fees charged by the Attorney General ofthe State of Oregon
to comply with this process.
4.7.3 The State of Washington does not require review of this Agreement by the
Attorney General under its joint exercise of power law and in the event such a review is required
Central Notice will supply this Agreement for filing and review as may be required upon request
of a Party domiciled in the State of Washington subject to that Party tendering any required fee
for the filing and review.
4.7.4 Parties Domiciled in the State of Washington who are a Washington Fire
Protection District upon becoming a Party to this Agreement shall file a copy ofthe same with
the county auditor as required by RCW 39.34.040.
4.8 This Agreement shall not initially take effect until it has been filed with the Secretary of
State of the State of Idaho and an opinion has been requested and obtained by the Secretary of
State from the Attorney General ofthe State ofIdaho that this Agreement does not violate the
INTERMOUNTAIN REGIONAL:M1JTUAL ASSISTANCE AGREENIENT-7
provisions of the Constitution of the United States, or the Idaho Constitution, or the Statutes of
the State ofIdaho, in accordance with the provisions ofIdaho Code Section 67-2329, and not
until the Attorney General of the State of Oregon shall have determined that the Agreement is in
proper form and compatible with the laws of the State of Oregon in accordance with the
provisions ofORS 190.430 (1).
4.9 Prior to becoming a Party to this Agreement, any Potential Party in any state other than
Idaho, Oregon and Washington shall comply with any notice or opinion to a state agency as
required and provided by the state law ofthe state of domicile of the Potential Party, and
evidence of the completion of that process or that such process is not required_shall be provided
to Central Notice by the Potential Party together with a copy of the law ofthe state of their
domicile that authorizes them to be a Party to this Agreement.
SECTION 5
WORKERS' COMPENSATION COVERAGE
5.1 The Parties to this Agreement agree to maintain at all times coverage for workers'
compensation which is required by the Workers' Compensation law ofthe State within which
they are domiciled and will not respond to a request out of state unless the workers'
compensation coverage provided by that Party provides coverage to its Personnel for a response
in the state of the Requesting Party.
5.1.1 The parties agree that for purposes of workers' compensation coverage and benefits
that each party shall provide their personnel [employees as defined in the workers' compensation
law of the state ofthe Party's domicile] benefits for workers' compensation injuries under the
laws ofthe state ofthe domicile of the Party and in compliance with any then existing reciprocal
agreements for extraterritorial coverage for workers' compensation claims between the state of
the Party's domicile and the state within which the Party responds to an Jncident.
5.2 As provided in Senate Bi11507 of the 2001 regular session ofthe Oregon Legislative
Assembly, any Party which responds to an Incident in the State of Oregon at the time ofthe
response is either an employer that complies with ORS 656.017 or is an employer that is exempt
under ORS 656.126.
SECTION 6
MUTUAL AID REQUEST
6.1 Mutual Aid Request: Whenever a Party to this Agreement suffers an Incident, it may
make a request for Resources and/or EMS Resources ofthe other Parties in accordance with the
following:
6.1.1 Mutual Aid Request Protocol: The REQUESTING PARTY shall fIrst call the
Party whose Resources and/or EMS Resources are nearest the location of the Incident, and if the
lNTERMOUNTAIN REGIONAL MUTUAL ASSISTANCE AGREEMENT-8
Incident requires additional Resources and/or EMS Resources the Requesting Party may then
make a request for Resources and/or EMS Resources upon additional Parties in the order of
closest Resources and/or EIvIS Resources proximity to the location of the Incident.
6.1.2 Release of Mutual Aid: It shall be the responsibility of the REQUESTING
PARTY to release the Resources and/or EMS Resources loaned by the RESPONDING PARTY
in a timely manner so as to insure that the Resources and/or EMS Resources loaned by the
RESPONDING PARTY are not needlessly detained. Upon completion of the work on an
Incident each Party participating shall render such assistance and help as is necessary to return
all Resources and/or EMS Resources to the owners.
6.1 J The REQUESTING PARTY shall be responsible for the replacement of any
special fire extinguishing agents used by a RESPONDING PARTY unless otherwise agreed
upon.
6.1.4 Except as otherwise herein specified, the REQUESTING PARTY shall not be
liable for any compensation to any RESPONDING PARTY for Resources and/or EMS
Resources provided under the terms of this Agreement.
6.1.4.1 In the event there is a mechanism or program which funds cost
reimbursement for a response to an incident and subject to the consent of the Requesting Party
each Responding Party may provide to the Requesting Party the current labor and equipment
rates of the Responding Party for the response to an Incident, and in the event the mechanism or
program for cost reimbursement will facilitate payment, this Agreement shall be considered an
agreement to pay such costs upon the condition the costs are reasonable and only to the limit that
the mechanism or program for cost reimbursement will pay the same.
6.1.5 The REQUESTING PARTY shall be solely responsible for any loss or risk of
liability to third parties, including costs and reasonable attorney fees arising out of and limited to
claims based upon the Requesting Party's exercise of Incident Command of the Resources.
SECTION 7
MUTUAL AID RESPONSE
7.1 Mutual Aid Response Considerations: Each Party agrees subject to the considerations
and limitations herein the Agreement provided for to furnish, loan and dispatch to an Incident in
the aid of the REQUESTING PARTY such Resources in accordance with this Section as the
RESPONDING PARTY in its discretion shall determine it may reasonably furnish.
7.1.1 Special considerations as to whether or not to respond may include but are
not limited to the following:
7.1.1.1 The RESPONDING PARTY'S need to provide such Resources
within its boundaries; and/or
INTERMOUNTAm REGIONAL lYfUTUAL ASSISTANCE AGREEMENT-9
7.1.1.2 The RESPONDING PARTY'S ability to legally provide EMS
Resources in circlUllstances when the REQUESTING PARTY is in a State other than the
domicile of the RESPONDING PARTY and the request for assistance involves EMS Resources
[considering Licensed requirements of the State of the Requesting Party]; and/or
7.1.1.3 The RESPONDING PARTY'S ability to comply, when the
REQUESTING PARTY is in a State other than the domicile ofthe RESPONDING PARTY,
with Section 5 of this Agreement to provide worker's compensation coverage for its Resources
in the State of the REQUESTING PARTY; and/or
7.1.1.4 The RESPONDING PARTY'S potential for exposure to third party
liability claims in amounts in excess ofthe coverage required and provided to the Responding
Party in compliance with Section 8.1.5 herein when the REQUESTING PARTY is in a State
other than the domicile ofthe RESPONDING PARTY; and/or
7.1.1.5 The REQUESTING PARTY is not compliance with the provisions of
Section 8.1 of this Agreement; and/or
7.1.1.6 When the location of the Incident is within the boundaries of a
Party which does not provide the type of Resources requested and/or is within the boundaries of
a Party which does not have reasonably sufficient Resources and the REQUESTING PARTY is
not willing and/or able to facilitate Resource cost reimbursement pursuant Sections 6.1.4 and/or
9.1 of this Agreement. [The intent afthis provision is to remind the Parties that a Party may in
its discretion determine not to respond: a) to an area which does not have tax supported
Resources of a Party and of the type requested and there is no plan for reimbursement of the
Responding Party. Most likely circumstance is when an Incident is within an area not within a
City or Fire District where a request for fire suppression resources has been made by a Party
that does not provide fire suppression resources; or b) to an Incident within the boundaries of
Party that does have tax supported Resources which are not reasonably sufficient}.
7.2 The RESPONDING PARTY, ifit determines to furnish Resources, shall deliver its
Resources to the location specified by the REQUESTING PARTY.
7.2.1 The RESPONDING PARTY shall report to the person designated by the
REQUESTING PARTY.
7.2.2 The Commanding Officer of the REQUESTING PARTY shall assume and
release Incident Command.
7.2.3 The RESPONDING PARTY shall not be required to assume overall
responsibility for or direct the efforts to respond to the Incident.
7.2.4 lfthe RESPONDING PARTY determines that its Resources are needed in its own
jurisdiction for afIre, medical emergency, disaster, or other state of emergency the
RESPONDING PARTY may return its Resources to its own jurisdiction.
INTERMOUNTAIN REGIONAL WJTUAL ASSISTANCE AGREEMENT-IO
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7.2.5 All Resources provided under the terms of this Agreement shall be returned to the
RESPONDING PARTY upon release by the REQUESTING PARTY or upon demand by the
RESPONDING PARTY for the return of its Resources.
SECTION 8
ALL PARTY RESPONSIBILITIES
8.1 It is the responsibility of Each Party:
8.1.1 To provide adequate training and/or certification and/or licensure oftheir
Personnel.
8.1.2 To be solely responsible to its own Personnel for the payment of wages and other
compensation and for workers' compensation coverage.
8.1.3 To be responsible for its own equipment and personnel and bear the risk of any
loss or damage to its equipment or injury to its personnel occurring as a result of a response to a
request under this Agreement.
8.1.4 To keep Central Notice currently informed of any changes of its address of
PartylDesignee and in a form substantially consistent with Appendix 8.1.4.
8.1.5 To maintain at all times in accordance with the law of its domicile or as required
by Federal Law as the case may be for each Party a policy or contract of insurance or
comprehensive liability plan as is required.
8.2 Each Party agrees to waive all claims against any other Party for compensation for any
loss, damage, personal injury, or death occurring in the performance of this agreement unless the
same may be provided for by a mechanism or program which funds cost reimbursement for a
response to an incident as provided herein sub section 6.1.4.1.
SECTION 9
LIEN WAIVER
9.1 RESPONDING PARTIES waive any right to any claim oflien for Resources provided may
be provided for by applicable state law in the jurisdiction of the Incident unless the
REQUESTING PARTY specifically authorizes the claim of lien.
INTERMOUNTAIN REGIONAL MUTUAL ASSISTANCE AGREEMENT-II
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SECTION 10
FEES FOR EMS RESOURCES SERVICES
10.1 As may be required by the law of the state of domicile of a Party this Agreement For EMS
Resource providers this Agreement shall be considered an Agreement for the provision of EMS
Resource beyond the Party's boundaries.
10.2 RESPONDlliG PARTIES providing EMS Resources may charge the persons who are
the recipients of those services at an Incident in accordance with the duly enacted fee schedule of
the RESPONDJNG PARTY.
SECTION 11
DURATION
11.1 This Agreement shall commence initially at such time after the review of the Attorneys
General of the State of Idaho and State of Oregon as provided in Section 4.8 of this Agreement;
and at such time as a Potential Party's governing board has approved a resolution authorizing the
execution oftms agreement as provided in Section 14.5 and notice of the same together with the
identification of the Party/Designee has been provided to Central Notice and in a form
substantially consistent with Appendix 11.1.
11.2 This Agreement shall be perpetual.
11.3 A Party may terminate and withdraw its participation in this Agreement by providing
thirty [30] days advance written notice to Central Notice.
SECTION 12
NOTICE/CENTRAL NOTICE
12.1 All notice provided in this Agreement to be sent by a Party shall be sent to Central Notice.
12.2 Each Party may choose their preferences [As provided for in the IRMAA Notice of Action
To Be Patty] how they will send and receive notice from Central Notice by regular mail or
facsimile or e-mail.
12.3 Notice Effective Date: The effective date of notice given under this Agreement shall be
three (3) days after the date of posting with the U.S. Postal Service of notice sent to Central
Notice or upon the day of notice sent by facsimile or e-maiL
12.4 Central Notice. Central Notice shall:
12.4.1 Receive from the Party/s and distribute to all Parties the following:
INTERMOUNT AIl'I REGIONAL lvfUTUAL ASSISTANCE AGREEMENT -12
(
12.4.1.1 lRMAA Notice of Action To Be Party as provided in Section 11.1 and
Appendix 11.1 herein.
12.4.1.2 IRMAA Party Designee Change Notice as provided in Section 8.1.4
herein.
12.4.1.3 IRMAA Protocol Notice as provided in Section 14.7 and Appendix 14.7
herein.
12.4.2 Keep a current registry of the correct legal name and address of aU
Parties and their designees to this Agreement and a copy of the opinions of the Attorneys
General issued as referenced in Sections 4.8 and 4.9 ofthis Agreement.
12.4.3 Process proposals for amendment of this Agreement as provided in Section 13
herein.
12.4.4 Provide notice by regular mail or facsimile or e-mail to all Parties of the addition
of a new Party or the withdrawal of a Party and the identification of the Party/Designees which
may be provided at reasonable intervals as detennined by Central Notice in a form substantially
consistent with Appendix 12.1.4.
12.4.5 Receive and distribute notice ofIRMAA Protocol in a form substantially
consistent with Appendix 14.7.
12.4.6 Reject any incomplete or incorrect notice/amendment received provided for
herein this Agreement and notify the Party of rejection in a form substantially consistent with
Appendix 12.1.6.
12.4.7 Provide Notice to the Parties of Automatic Amendment pursuant to Section
13.1.14 ofthis Agreement in a form substantially consistent with Appendix 12.4.7.
12.5 Change of Party Serving as Central Notice: The Party serving as Central Notice as
designated in Section 1.3 may be changed to any other Party be amendment of Section 1.3 of this
Agreement by first giving thirty (30) days advanced written notice as provided in this Section to
all Parties.
SECTION 13
AMENDlVIENT PROVISIONS
13.1 This Agreement may only be amended in accordance with the following process:
13.1. 1 Any amendment must be proposed by not less than ten (10) Parties or ten percent
(10%) of the Parties to this agreement, whichever number is less; and
INTERMOUNTAIN REGIONAL :MDTUAL ASSISTANCE AGREEMENT-13
13 .1.2 A proposed amendment IRMAA Proposed Amendment and Ballot must be in
writing and include this entire Agreement as then existing and shall therein include a
strikethrough of any language to be deleted and underline of any new language of the
proposed amendment [hereinafter in this section referred to as Agreement Text] in a form
substantially consistent with Appendix 13.1.3.
13.1.2.1 A proposed JRMAA Proposed Amendment and Ballot may be in
e-mail form with approval of Central Notice and considering the capability of the Parties
to receive such.
13.1.3 An lRJ.\.1AA Proposed Amendment and Ballot shall contain in the same document
the following in the order herein provided: Statement of Purpose [which shall include a
statement of how the Parties will be affected by the amendment]; the Party to contact for
information; the amended Agreement text; and a ballot all of which shall be in a form
substantially consistent with Appendix 13.1.3.
13 .1.4 The proposing parties shall also prepare and submit to Central Notice a Restated
and Amended Agreement form for service by Central Notice in the event the proposed
amendment passes. [This is Agreement Text without strikethrough or underlining as
amended] The Title shall be in accordance with the following:
INTERMOUNTAIN REGIONAL MUTUAL ASSISTANCE AGREEMENT
{FIRST] AMENDED AND RESTATED
(A Mutual Aid and Joint Exercise of Power Agreement]
13.1.5 A proposed amendment shall also be submitted by the proponent Parties for
approval to the Secretary of State and Attorney General ofthe State of Idaho and the
Attorney General of the State of Oregon and any other state officer of any state of all then
parties' domiciliary [See Section 4 herein] as required by the law of those states for
approval in writing which must be submitted with the proposed amendment to Central
Notice.
13.1.6 The Amendment proposal [Agreement Text], Statement of Purpose, and approval
letters as required from Attorney General offices, and a Restated and Amended
Agreement form shall be served upon Central Notice by the proponent Parties.
13.1.7 Central Notice shall determine ifthe IRMAA Proposed Amendment and Ballot is
in compliance with this section and shall advise the proponent Parties of the estimated
cost of giving notice for the submission of the Amendment proposal which shall include
all costs associated with receipt of votes and notification to parties of the results which
shaU be paid by the proponents Parties as a condition of the submission ofthe
Amendment for a vote by the Parties.
INTERMOUNTAIN REGIONAL MUTUAL ASSISTANCE AGREEMENT-14
13.1.8 If the Amendment proposal is in compliance with this Section and the estimated
costs have been tendered to Central Notice the IRlvIAA Proposed Amendment and Ballot
shall be served and submitted to the Parties to this Agreement by Central Notice with a
IRMAA Amendment Ballot Notice cover sheet in a form substantially consistent with
Appendix 13.1.8.
13.1.9 Vote needed to approve an amendment to this agreement:
13.1.9.1 Fifty One percent [51%] of votes cast if the amendment is required
by the law of a state of the domicile of a Party or by Federal Law.
13.1.9.2 Sixty Six percent [66%J of votes cast if the proposed amendment
involves proposed amendment to the provisions of Section 4 oftms agreement relative to
creation of a legal entity, board or organizational structure, the ownership of property and
or the creation of a budget unless the same is required by the law of a state of the
domicile of a Party or by Federal Law.
13.1.9.3
amendments.
Fifty One percent [51 %] of votes cast for all other proposed
13.1. 10 Parties must submit their authorized Ballot to Central Notice in
accordance with service of notice as provided in this Agreement within Seventy [70J days
of the date of the cover notice with the Ballot from Central Notice.
13.1.11 Parties opposing the Amendment proposal may submit an Opposition
Statement to Central Notice who shall estimate the costs of service of the Opposition
Statement which shall be paid by the Parties opposing the Amendment as a condition of
the submission of the Opposition Statement to the Parties.
13.1.12
Central Notice shall tally the votes cast within a reasonable time.
13.1.13 Central Notice shall then give notice to the Parties ofthe results ''Notice of
Amendment Vote" and in the event the amendment passes Central Notice shall also
include with notice to the parties the Restated and Amended Agreement in a form
substantially consistent with Appendix 13 .1.13.
13.1.14 Automatic Amendment: The Parties agree to automatically amend this
Agreement in the following events:
13.1.14.1 A state law which is referred to in Section 2 ofthis Agreement is
repealed and/or recodified and any sub-section of Section 2 so affected shall be
automatically amended by notice to the Parties from Central Notice with a copy ofthe
Amended and Restated Agreement and a copy of the legislative action.
13.1.14.2 There is a change ofthe Party serving as Central Notice as
provided in Section 12.5.
INTERMOUNTAIN REGIONAL MUTUAL ASSISTANCE AGREEMENT-IS
SECTION 14
GENERAL PROVISIONS
14.1 No Liability For Not Responding: No liability shall be imposed upon or attached to a
Party for not responding or furnishing Resources and/or EMS Resources to an Incident
14.2 Third Party Beneficiaries. Each Party to this Agreement intends that this Agreement
shall not benefit or create any right or cause of action in or on behalf of any person or legal entity
other than the Parties hereto.
14.3 Severability. Should any term or provision of this Agreement, or the application thereof
to any person, parties, or circumstances, for any reason be declared illegal or invalid, such
illegality or invalidity shall not affect any other provision of this Agreement and this Agreement
shall be construed and enforced as if such illegal or invalid provision had not been contained
herein.
14.4 Non-Replacement of Special Agreements. This Agreement does not amend or replace
and/or otherwise affect existing or future agreements between any of the Parties regarding
Automatic Aid or Hazardous Materials Response or any other specific response agreement.
14.5 Counterparts and Process to become a Party. This Agreement will be executed and
delivered in counterparts, one for each party, and at such time as the governing board of a
Potential Party adopts the necessary resolution authorizing the execution of the counterpart and a
written notice thereof [including a copy ofthe resolution or other authorizing act of its governing
board] is provided to Central Notice, this Agreement shall then be in full force and effect to such
Parties and shall have the force and effect of an original, and copies of the signature pages of all
counterparts shall be provided to all parties to this Agreement by Central Notice.
14.6 Captions. The subject headings of the paragraphs and subparagraphs of this agreement
are included for purposes of convenience only and shall not affect the construction of
interpretation of any of its provisions.
14.7 IRMAA Protocol: An IRMAA Protocol maybe established by Parties within certain
geographic areas served by the Parties which shall be subject to the terms and conditions of this
Agreement. A copy of an lRMAA Protocol shall be provided to Central Notice and in a form
substantially consistent with Appendix 14.7.
INTERMOUNTAIN REGIONAL MUTUAL ASSISTANCE AGREEMENT -16
(
IN WITNESS WHEREOF, the undersigned party has by action and/or authority of its
governing board caused this Agreement to be executed this 26 day of OCTr7 be r- , 2003
CITY OF MERIDIAN
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INTERMOUNTAIN REGIONAL MUTUAL ASSISTANCE AGREEMENT-l 7
APPENDIX 8.1.4
IRMAA PARTYIDESIGNEE CHANGE NOTICE:
To: Central Notice:
From IRMAA PARTY:
name of Party)
Address:
[correct legal
lv/ailing
Phone
Emergency Phone
Fax
E-mail
Date:
Please take notice that the above named Party designates the following as its
Party/Designee under IRMAA:
Signature:
Authorized Agent
INTERl\10UNTAIN REGIONAL MUTUAL ASSISTANCE AGREEMENT -18
APPENDLX 11.1
IRilfAA NOTICE OF ACTION TO BE PARTY:
To: Central Notice:
From: IRMAA PARTY [correct legal
name of Party)
Identify Type of Government Entity and Resources Provided [i.e. Rural Fire
District/City/ Ambulance District/ etc].
State of Domicile:
County/s of Domicile:
Address: Mailing
Phone
Emergency Phone
Fax
E-mail
Request Order of Preference for Notice be given and received:
Mail
Fax
E-mail
Date:
Please take notice that the above named by action of its governing board [A copy of
which is submitted together with this notice) has become a Party to IRMAA.
This Party designates the following as its Party/Designee under IRMAA:
Sign:
Authorized Agent
INTERMOUNTAIN REGIONAL :MDTUAL ASSISTANCE AGREEMENT -19
APPENDIX 12.4.4
IRlVIAA CENTRAL NOTICE OF ADDITIONAL P ARTYIWITHDRA W AL OR CHANGE
IN DESIGNEES
From: Central Notice
Date of Notice:
To: all IRMAA Parties:
Please take notice of the Attached:
Notice of Additional Party
Change In Party Designee:
Withdrawal of Party:
INTERMOUNTAlN REGIONAL MUTUAL ASSISTANCE AGREEMENT-20
APPENDIX 12.1.6
IRMAA CENTRAL NOTICE REJECTION NOTICE:
From: Central Notice
Date of Notice:
To: IRMAA Party:
Please note that your Notice of
Has not been accepted by Central Notice and Notice thereofwill not be given to the
Parties at this time for the reason/s herein marked:
Notice was Incomplete:
Notice was not in the correct form:
Notice is not provided for in IRMAA:
Amendment proposal not complete:
Other Reason:
You are advised to consult the provisions of IRMAA and resubmit
Signature: Authorized Agent
INTERMOUNTAIN REGIONAL MUTUAL ASSISTANCE AGREEMENT-21
IRMAA APPENDIX 12.4.7
Central Notice of Automatic Amendment
To: All IRMAA Parties
From: Central Notice
Date:
Please take notice that there has been in accordance with the provisions of Section 13.1.14 of
IRMAA an automatic amendment due to repealed or recodification to a state law.
Attached hereto is the new IRMAA Agreement as amended and restated for your records and a
copy of the legislation.
INTERMDUNTAIN REGIONAL MUTUAL ASSISTANCE AGREEMENT-22
IRl\tIAA APPENDIX 13.1.3
IRMAA AJl;lENDMENT PROPOSED AJ1;lENDMENT AND BALLOT
To: Central Notice
From: IRMAA Party
Estimated Costs of service of Notice: / Paid
Copy of Opinion Letter Attorney General of Idaho and Oregon attached:_
A clean form of the INTERMOUNTAIN REGIONAL MUTUAL
ASSISTANCE AGREEMENT [FIRST] AMENDED AND
RESTATED [A Mutual Aid and Joint Exercise of Power Agreement]is attached
for service upon the parties by central notice if the amendment passes.
Sponsor: [must have correct legal of at
least 10 Parties or 10% of Parties which ever is less] who sponsor this lRMAA
Amendment.
Name of Amendment Sponsoring Parties:
Copy of Authorization of each Sponsoring Party attached
Percentage of vote needed to pass amendment:
Statement of purpose of the Amendment:
What Parties will be affected and how:
INTERMOUNTAIN REGIONAL MUTUAL ASSISTANCE AGREEMENT-23
For Information regarding the prolJosed [RlvIAA amendment contact the following:
The vrolJosed Amendment is as follows:
The title of anv amendment shall be in accordance with the following:
INTERlVIOUNTAIN REGIONAL MUTUAL ASSISTANCE AGREEMENT
[FIRST] AMENDED AND RESTATED
[A Mutual Aid and Joint Exercise of Power Agreement]
herein set forth the entire text of the then existing Agreement and therein include a strikethrough
of any language to be deleted and underline of any new language of the proposed amendment
[i.e. 13.1.12 Seventy Five percent [75%]ofvotes cast for all other proposed amendments.]
IRMAA AlVIENDMENT BALLOT
Please note as a Party to the above referenced Agreement you are entitled to vote on the above
stated Amendment.
Your ballot must be submitted to Central Notice within 70 days [ten weeks] of the date of the
cover notice submitted with this Ballot from Central Notice [Place and X in the appropriate
space below]
In favor of amendment
Opposed to amendment
By:
[Name of Party] Action taken by Governing Board
[ date]
illTERMOUNTAIN REGIONAL MUTUAL ASSISTANCE AGREEMENT -24
IRMAA APPENDIX 13.1.8
IRlVIAA Amendment Ballot Notice
To: All IRMAA Parties
From: Central Notice
Date:
Attached hereto is an IRMAA APPENDIX 13.1.3
IRMAA Ai}fENDJlfENT PROPOSED AMENDMENT AND BALLOT
Please note that YOll must provide Central Notice with your ballot on or before the _day of
INTERMOUNT AIN REGIONAL MUTUAL ASSISTANCE AGREEMENT -25
. - ~. -- --~-- -- ~ - - .. -
u o. _.'._ ~
IRMAA APPENDIX 13.1.13
Notice of Amendment Vote
To: All IRMAA Parties
From: Central Notice
Date:
Please take notice that the IRA-1AA AA'IENDMENT PROPOSED AMENDll1ENT AND
BALLOT vote submitted {date}
Passed:
Failed:
Votes in favor: Votes Opposed:
Attached hereto [when passed] is the new IRMAA Agreement as amended and restated for your
records.
INTERMOUNTAlN REGIONAL MUTUAL ASSISTANCE AGREEMENT-26
IRMAA APPENDIX 14.7
IRMAA PROTOCOL NOTICE
Date of Notice:
To: Central Notice:
From: IRMAA Party
of Party
IRMAA Protocol Name: [i.e. Southwest Idaho Eastern Oregon IRMAA
Protocol/Inland Empire IRMAA Protocol/Southeast Idaho IRlvfAA Protocol).
The Parties to Protocol are:
.
.
[correct legal name
Copy of IRMAA Protocol attached
Copy of Authorization of each Party to Protocol attached
Signature: Authorized Agent
CENTRAL NOTICE ROUTING:
To: AlllRMAA Parties
Date:
Please take notice that the attache IRA1AA Protocol is now registered with Central
Notice.
Signature: Authorized Agent.
Z:\Work\K\Kunll Fire 19787\r-tlutual Ai.d 19787.003\ValleyWideAgr.meet.doc
INTERMOUNTAIN REGIONAL MUTUAL ASSISTANCE AGREEMENT-27
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IRMAA NOTICE OF ACTION TO BE PARTY
To: Central Notice
From: City of Meridian
Identify Type of Government Entity and Resources Provided: City
State of Domicile: Idaho
County/s of Domicile: Ada County
Address: 540 E. Franklin Rd.
Phone: (208) 888-1234
Emergency Phone: 911
Fax: (208)
E-mail: silvaj@meridiancity.org
Request Order of Preference for Notice to be given and received:
Mail:
Fax:
E-mail:
Date:
Please take notice that the above named by action of its governing board [A copy of
which is submitted together with this notice) has become a Party to IRMAA.
This Party designates the following as its Party/Designee under IRMAA:
Fire Chief
Signed:
IR1\1AA NOTICE OF ACTION TO BE PARTY
tJRIGINAL