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HomeMy WebLinkAboutMutual Aid Agreement with US Bureau of Land Mgmt, USDA Forest Service, Idaho Department of Lands, Ada County EMS, and other AgenciesMUTUAL 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 County Emergency Medical Services, Boise Fire Department, Caldwell Fire Department, Eagle Fire District, Kuna Fire Districi, 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 anincident-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, O1-FI-1 1 046000-0 1 4, 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 # O 1-FI-1 1 0402 1 5-079 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 may be 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 .Boise City Fire C LSD e~~ Ccoi ~o\ PO Box 500 Boise, ID 83701 Fire Manaaemer Fire Chief rtment Meridian Ci Fire C ud. 540 E. Franklin Rd. Meridian, ID 83642 Officer US Bureau of Land Mana~ Lower Snake River District 3948 Development Boise, ID 83701 Fire Management Officer USDA Forest Service Boise National Forest 1249 S. Vinnell Way, Suite 200 Boise, ID 83709-1663 Fire Chief Meridian Rural Fire District 540 E. Franklin Rd. Meridian, ID 83642 Fire Chief North Ada County Fire and Rescue District 5800 Glenwood Boise, ID 83714 Area- Supervisor State of Idaho Department of Lands Southwest Idaho Supervisory Area 8355 W. State Boise, ID 83703 Fire Chief Star Fire District P.O. Box 265 Star, ID 83669 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, ID 83634 Caldwell, ID 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 lrnown 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 party(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 are furnished and/or supplied voluntarily and at the discretion of the furnishing agency. The fiunishing 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 bear 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 # O 1-FI-1 1 0402 1 5-079 Federal Tort Claims Act, 28 U.S.C. 267, et seq., or applicable State law. 7. The Requesting Party shall first call the party nearest 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 are 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 standards will be identified in an Ada County Wildfire Contingency Plan by the parties to this agreement in accordance with their respective standards. The Fire Chief of the Responding Party will send only those personnel that meet the identified qualifications, requirements, and standards. 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 are not obligated to make expenditures of funds or reimbursements of expenditures under terms of this Agreement unless such funds are 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 Board 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 are 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 ~~~~ ~~.1~~a ~istrict Manager Date USDA Forest Service B//oi~se National Forest ~~ C/t~~~Ci~G( D Z 12 ~~i Forest Supervisor Date State of Idaho Department of Lands Southwest Idaho Supervisory Area Area Supervisor Date Eagle Fire District Fire Chief Date Kuna Fire District •- • 3,-x,02 Fi of Date idian City Fire City of Meridian 3-i/-o~ Attest: Honorable Mayor Date Mutual Aid Agreement 01/18/2002 Page 5 FS # O1-FI-11040215-079 IN WITNESS WHEREOF, the parties hereto have executed this Mutual Aid Agreement. Whitney Fire District Gv.'"' Fire hief Date Star Fire District Fire Chief Z,~'o Z Ada County Emergency Medical Services Date Director Date Caldwell Fire Department .• = ~ A , ~~ :~ U ~ ~ ~ '~ ,- JAN 15, :~ •~ - •., ~p ••..,..,.•. `Q ~~. ,~~~~tet~U~~~~ ~~~ Date ~I Mutual Aid Agreement 01/18/2002 Page 6 North Ada County Fire and Rescue District Middleton Fire District Z. G. P. Kin ford, o issioner Date ATTEST: t j ,1 . David Navarro, A ounty Clerk Mutual Aid Agreement 01/18/2002 Page 7 Board of Ada County Commissioners Company -North Locust Grove Road and East Loop Lane: Approve G. Meridian School Resource Officer Agreement between Joint School District No. 2 and City of Meridian: Approve H. Mutual Aid Agreement between US Bureau of Land Management, USDA Forest Service-Boise National Forest, Idaho Department of Lands, Ada County Emergency Medical Services, Boise Fire Department, Caldwell Fire Department, Eagle Fire District, Kuna Fire District, Middleton Fire District, North Ada County Fire and Rescue District, Star Fire District, Whitney Fire District and Meridian City Fire/Rural District: Approve I. Addendum to Development Agreement for Bear Creek: Approve 4. J. Street Light Agreement with Bear Creek, LLC for Bear Creek Subdivision: Approve K. Sanitary Sewer and Water Main Easement Agreement with St. Luke's Regional Medical Center, LTD for Touchmark Living Center Project: Approve L. Sanitary Sewer and Water Main Easement Agreement with Touchmark of Treasure Valley, LLC for Touchmark Living Center Project: Approve M. Beer License location transfer for The Cigarette Store: Approve N. Development Agreement: AZ 01-003 Request for annexation and zoning of 371.42 acres from RUT to R-4 and C-G zones for a planned development consisting of residential, office and commercial uses for proposed Bridgetower Crossing Subdivision by Primeland Development Company - 2420 Ustick Road: Approve O. Approve Bills: Approve Department Reports: A. Public Work's Department -Gary Smith: 1. City of Meridian Transportation Task Force Committee: Approve Meridian City Council Agenda -November 7, 2001 Page 2 of 3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings please contact the City Clerk's Office at 888433 at least 48 hours prior to the public meeting. Meridian City Council Meeting November 7, 2001 The regularly scheduled meeting of the Meridian City Council was called to order at 6:30 P.M. on Wednesday November 7, 2001 by Mayor Robert Corrie. Members Present: Robert Corrie, Cherie McCandless, Ron Anderson, and Keith Bird. Members Absent: Tammy de Weerd Others Present: Bill Nichols and Will Berg. Item 1. Roll-call Attendance: O Tammy de Weerd X Ron Anderson X Cherie McCandless X Keith Bird X Mayor Robert Corrie Corrie: -- City Council meeting for November 7, 2001 at 6:30 P.M. Roll call attendance Mr. Clerk. Item 2. Adoption of the Agenda: Corrie: The second item is the adoption of the agenda. Council, we have a request by the, on item C by Mr. Morrow to, if we would table his order granting appeal to 12-4-01. Then we've also, the Podiatry Building, the Findings of Facts and Conclusions of Law, the request was made by Podiatry to table that until the next meeting on the 11-20-01. Then item No. 13, which was discussion of Cherry Lane No. 7 is not on the agenda. That was there by mistake. Well, it's 12 but there's 2 nines in there. Anderson: Oh, okay. Corrie: So, we made it 13. Anderson: There is no Cherry Lane? Corrie: There is no Cherry Lane, the Lakes at Cherry Lane No.7, scratch that one. (inaudible discussion amongst Council) Corrie: On Staten Park, on item No. 9, t hat has b een requested t o table u ntil December 4~h as well. That will be tabled when that comes up for No. 9 on the hearing. There was one other request by Dakota Company that they would request that this item be pulled from the November 7~h agenda and move it to the