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173 Meridian Rural Fire Joint Powers Agreement RESOLUTION NO ( /13 BY: ;fo-n !lnderrJCr1v A RESOLUTION OF rl'HE CITY COUNCIL OF l'HE CITY OF MERIDIAN, SETTING FORTH CERTAIN FINDINGS AND. PURPOSES; AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN AND ENT~R INTO, ON BEHALF OF SAID MUNICIPALITY, AN AGREEMENT ENTITLED "CITY OF MERIDIAN/MERIDIAN RURAL FIRE PROTECTION DISTRICT FIREFIGHTING AND LIFE PRESERVATION SERVICE CONTRACT AND JOINT EXERCISE OF POWER AGREEMENT", CITY OF MERmIAN, GRANTOR. BE IT RESOL YED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDM{O: WHEREAS, it is in the best interests of the City of Meridian to enter into an agreement with MERIDIAN RURAL FIRE PROTECTION DISTRICT, organized and existing pursuant to Chapter 14 of Title 31 of the Idaho Code, denoted as "CITY OF MERIDIAN!1vIERIDIAN RURAL FIRE PROTECTION DISTRICT FIREFIGHTING A.ND LIFE PRESERVATION SERVICE CONTRACT AND JOINT EXERCISE OF POWER AGREEMENT" a copy of which is attached hereto marked as Exhibit "A" to this Resolution, the reasons and authority for which are as set forth in said Agreement. . NOW, r!'HEREFORE, BE IT RESOL YED BY rl'HE MAYOR AND CITY COUNCIL as follows: " RESOLUTION OF TIlE CITi OF MERIDIAN, AUTHORIZING CERTAIN FINDINGS AND PURPOSES, AUTHORIZING THE MAYOR AND CITY CLERK TO. SIGN AND ENTER INTO AN AGREEMENT WITH MERIDIAN RURAL FIRE PROTECTION DISTRICT - 1 ( /' ( ./ 1. The Mayor and Clerk are hereby authorized to enter into on behalf of the City of Meridian that certain agreement With MERIDIAN RURAL FIRE PROTECTION DISTRICT, organized and existing pursuant to Chapter 14 of Title 31 of the Idaho Code, entitled "CITY OF rvlERIDIAN/MERIDIAN RURAL FIRE PROTECTION DISTRICT FIREFIGHTING AND LIFE PRESERVATION SERVICE CONlRACT AND JOINT EXERCISE OF POWER AGREErvlENT" a copy of which is attached hereto marked as Exhibit "A" to this Resolution and to bind this City to its terms and conditions. PASSED BY THE COUNCIL OF THE CITY OF rvlERIDIAN, IDAHO, this 22~day of JefJ~./;bu . , 1998. . . APPROVED BY THE MAYOR OF THE CITY OF rvlERIDIAN, IDAHO, this22~ day of cf~h1-6-h ,1998. ATTEST: '\ RESOLUTION OF THE CITY OF l\ffiRIDIAN, AUTHrJRIZING CERTAIN FINDINGS AND PURPOSES, AUTHORIZING THE MAYOR AND CITY CLERK TO.SIGN AND ENTER INTO AN AGREE:MENT WITH l\ffiRIDIAN R"ORAL FIRE PROTECTION DISTRICT . 2 , , . ( CERTIFICATE OF CLERK OF THE CITY OF MERIDIAN I, the undersigned, do hereby certify: 1. That I am the duly appointed and elected Clerk of the City of Meridian, a duly incorporated City operating under the laws of the State of Idaho, with its principal office at 33 East Idaho, Meridian, Idaho. " 2. That as the City Clerk of this Cjty, I am the custodian of its records and minutes and do hereby certify that on the 22 ~ day of September, 1998, the following action has been taken and authorized: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF l\1ERIDIAN, SETTING'FORTH CERTAIN FINDINGS AND PURPOSES; AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN AND ENTER INTO, ON BEHALF OF SAID MUNICIPALITY, AN AGREEl\1ENT ENTITLED "CITY OF l\1ERIDIANIMERIDIAN RURAL FmE PROTECTION' . DISTRICT FIREFIGHTING AND LIFE PRESERVATION SERVICE CONTRACT AND JOINT EXERCISE OF POWER AGREEMENT", CITY OF MERIDIAN, GRANTOR. BE IT RESOLVED BY THE MAYOR AND COUNCIL OF ~l'HE CITY OF l\1ERlDIAN, IDAHO: WHEREAS, it is in the best interests of the City of Meridian to enter into an agreement with 1vlERIDIAN RURAL FIRE PROTECTION .. DISlRICT, organized and existing pursuant to Chapter 14 of Title 31 of the Idaho Code, denoted as "CITY OF 1vlERIDIAN/MERIDIAN . RURAL FIRE PROTECTION DISTRICT FIREFIGHTING AND LIFE PRESERVATION SERVICE CONTRACT AND" JOINT EXERCISE OF AGREEMENT" 8. copy of which is attached hereto marked as CERTIFICAlE OF CLERK OF THE CITY OF :MERIDIAN 1 / Exhibit "A" to this Resolution, the reasons and authority for which m;e as set forth in said Agreement. NOW, THEREFORE, BE IT RESOLVED BY rl~HE MAYOR AND CITY COUNCIL as follows: . 1. The Mayor and Clerk are hereby authorized to enter into on behalf of the City of Meridian that certain agreement with MERIDIAN RURAL FIRE PROTECTION DISTRICT, organized and existing pursuant to Chapter 14 of Title 31 of the Idaho Code, entitled "CITY OF . MERID IANIMERID IAN RURAL FIRE PROTECTION DISTRICT FIREFIGHTING AND LIFE PRESERVATION SERVICE CONlRACT AND JOINT EXERCISE OF POWER AGREEMENT" a copy of which is attached hereto marked as Exhibit ~'A" to this Resolution and to bind this City to its.terms and conditions. STATE OF IDAHO, ) : ss. County of Ada,) _ - - 1L. . On th"s ~ay of September, in the year 1998, before me, . . , a Notary Public, appeared WIILLI G. BERG, JR., known or identified to me to be the City Clerk of the City of Meridian, Idaho that executed the said instrument, and acknowledged to me that he executed the same on behalf of the City of Meridian. ,,, '$t1 SiU..!" 1a,~1 I,,#.. ~~~.. (j~L L. Sl~###' ~ ,~l ..eo... ~# . ~ 'b.':' II. -. f.J> ~ :4lJi ,"' .e -..., ~. . ~ :: .. -'. 0 T A.,R t.a ... ':. . . \.' ..(... ~ (-SIjAL)'-.- i * i . ~ \ )>UBL\C.: E ':. u>. e. .-" ~ ~ .l> .. .. .I.~~ ~ ~,~ ~ ~ ......... ~~~ . ###. l! 0 F \"t' ~, ~"""ll! .",t; CERTIFICA-lb OF CLERK dF THE CITY OF :NlERIDIAN ~ Notary ublic for Idaho I i. Commission Expires: J D / S d. ODd-.... 2 MERIDIAN CITY COUNCIL AGENDA SPECIAL MEETING TUESDAY, SEPTEMBER 22, 1998 7:30 P.M. ROLL CALL: RON ANDERSON CHARLIE ROUNTREE GLENN BENTLEY KEITH BIRD MAYOR ROBERT CORRIE JOINT MEETING WITH MERIDIAN RURAL FIRE DISTRICT 1. JOINT POWERS AGREEMENT WITH MERIDIAN RURAL FIRE PROTECTION DISTRICT: DISCUSSION AND/OR POSSIBLE APPROVAL AS PER IDAHO CODE SECTION 67-2342 (2) - DECLARE AN EMERGENCY EXECUTIVE SESSION TO DISCUSS IDAHO CODE SECTION 67-2345 (F & D) TO CONSIDER ADVISE FROM LEGAL COUNSEL AND CONSIDER RECORDS EXEMPT FROM DISCLOSURE. 2. AUTHORIZE AGREEMENT TC-97-1 ( 177 ( MISCELLANEOUS PROVISIONS 67-2343 utory entity with authority to make decisions concerning paroles, pardons and commuta- tions, the Commission of Pardons and Parole is subject to the Open Meeting Law and is required to open all meetings to the public except those conducted in executive session. OAG 85-9. The Commission of Pardons and Parole may not vote in private; thus, matters dis- cussed in executive session must still be voted upon in public. OAG 85..9. 67 -2342. Governing bodies - Requirement for open public meet- ings. - (1) Except as provided below, all meetings of a governing body of a public agency shall be open to the public and all persons shall be permitted to attend any meeting except as otherwise provided by this act. No decision at a meeting of a governing body of a public agency shall be made by secret ballot. (2) Deliberations of the board of tax appeals created in chapter 38, title 63, Idaho Code, the public utilities commission and the industrial commis- sion in a fully submitted adjudicatory proceeding in which hearings, if any are required, have been completed, and in which the legal rights, duties or privileges of a party are to be determined are not required by this act to take place in a meeting open to the public. Such deliberations may, however, be made and/or conducted in a public meeting at the discretion of the agency. (3) A governing body shall not hold a meeting at any place where discrimination on the basis of race, creed, color, sex, age or national origin is practiced. [1974, ch. 187, ~ 3, p. 1492; am. 1977, ch. 173, 9 1, p. 445; am. 1992, ch. 155, ~ 2, p. 506.J Compiler's notes. The words "this act" refer to S.L. 1974, ch. 187, compiled as 99 67- 2340 - 67-2346. Section 2 of S.L. 1977, ch. 173 is compiled as 9 67-2344. Sec. to sec. ref. This section is referred to in 99 31-4904 and 54-1715. Cited in: Gardner v. Evans, 110 Idaho 925, 719 P.2d 1185, cert. denied, 479 U.S. 1007, 107 S. Ct. 645, 93 L. Ed. 2d 701 (1986). ANALYSIS Annexation work sessions. Executive sessions. I. Annexation Work Sessions. Where four private "work sessions" were held by the mayor and city council to discuss an annexation proposal prior to voting on the proposals at special public meetings, such work sessions were "meetings" under subsec- tion (5) of S 67..2341, which had to be open to the public pursuant to subsection (1) of this section and failure to provide public notice as required by ~ 67-2343 or to take written minutes as required by 9 67-2344 violated i I I the Open Meetings Act; however, since no firm and final decisions were made at the work sessions on the annexation proposal, the sub.. sequent city council vote approving the pro- posal was not null and void under ~ 67-2347. State ex reI. Roark v. City of Hailey, 102 Idaho 511, 633 P.2d 576 (1981). Executive Sessions. Exclusion of school superintendent from executive sessions of school board, in which superintendent was evaluated and the exten- sion of his contract was discussed, did not violate the open meeting law, where the deci- sion not to offer the superintendent a new contract was made in an open meeting of the board. Gardner v. School Dist. No. 55, 108 Idaho 434, 700 P.2d 56 (1985). Opinions of Attorney General. Only cer- tain documents which have been excluded from public inspection by clear statutory pro- vision may be considered in executive session. OAG 85-9. The Commission of Pardons and Parole may not vote in private; thus, matters dis- cussed in executive session must still be voted upon in public. OAG 85-9. 67-2343. Notice of meetings. - (1) Regular meetings. No less than a five (5) calendar day meeting notice shall be given unless otherwise provided by statute. 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All minutes shall be available to the public within a reasonable time after the meeting, and shall include at least the following information: (a) All members of the governing body present; (b) All motions, resolutions, orders, or ordinances proposed and their disposition; (c) The results of all votes, and upon the request of a member, the vote of each member, by name; _ (2) Minutes of executive sessions may be limited to material the disclo- sure of which is not inconsistent with the provisions of section 67-2345, Idaho Code, but shall contain sufficient detail to convey the general tenor of the meeting. [1974, ch. 187, S 5, p. 1492; am. 1977, ch. 173,2 2, p. 445.J Compiler's notes. Section 1 of S.L. 1977, ch. 173 is compiled as S 67..2342. Sec. to sec. ref. This section is referred to in SS 31..4904, 33..514 and 54..1715. ANALYSIS Annexation work sessions. "Raw notes" taken by clerk. Annexation Work Sessions. Where four private "work sessions" were held by the mayor and city council to discuss an annexation proposal prior to voting on the proposals at special public meetings, such work sessions were "meetings" under subsec- tion (5) of ~ 67..2341, which had to be open to the public pursuant to subsection (1) of S 67- 2342 and failure to provide public notice as required by ~ 67..2343 or to take written minutes as required by this section violated the Open Meetings Act; however, since no firm and final decisions were made at the work sessions on the annexation proposal, the sub- sequent city council vote approving the pro- posal was not null and void under ~ 67-2347. State ex reI. Roark v. City of Hailey, 102 Idaho 511, 633 P.2d 576 (1981). "Raw Notes" Taken by Clerk. Trial court erred in holding that as a matter of law "raw notes" ("handwritten notes," "raw minutes") taken by Clerk of the Board of County Commissioners during meetings of the County Board of Commissioners, could not be public writings. Fox v. Estep, 118 Idaho 454, 797 P.2d 854 (1990). 67-2345. Executive sessions - When authorized. - (1) Nothing contained in this act shall be construed to prevent, upon a two-thirds (%) vote recorded in the minutes of the meeting by individual vote, a governing body of a public agency from holding an executive session during any meeting, after the presiding officer has identified the authorization under this act for the holding of such executive session. An executive session may be held: (a) To consider hiring a public officer, employee, staff member or individ- ual agent. This paragraph does not apply to filling a vacancy in an elective office; (b) To consider the evaluation, dismissal or disciplining of, or to hear complaints or charges brought against, a public officer, employee, staff member or individual agent, or public school student; (c) To conduct deliberations concerning labor negotiations or to acquire an interest in real property which is not owned by a public agency; (d) To consider records that are exempt from disclosure as provided in chapter 3, title 9, Idaho Code; (e) To consider preliminary negotiations involving matters of trade or commerce in which the governing body is in competition with governing bodies in other states or nations; '; 67-2345 ( STATE GuVERNMENT AND STATE AFFAIRS 180 (f) To consider and advise its legal representatives in pending litigation or where there is a general public awareness of probable litigation; (g) By the commission of pardons and parole, as provided by law. (2) Labor negotiations may be conducted in executive session if either side requests closed meetings. Notwithstanding the provisions of section 67-2343, Idaho Code, subsequent sessions of the negotiations may continue without further public notice. (3) No executive session may be held for the purpose of taking any final action or making any final decision. [1974, ch. 187, 9 6, p. 1492; am. 1976, ch. 124, S 1, p. 473; am. 1977, ch. 173, S 3, p. 445; am. 1978, ch. 302, S 1, p~ 759; am. 1986, ch. 59, 9 2, p. 167; am. 1990, ch. 213, S 92, p. 480.J Compiler's notes. The words "this act" refer to S.L. 1974, ch. 187 compiled herein as 22 67 -2340 - 67-2346. Section 1 of S.L. 1986, ch. 59 is compiled as ~ 20-213A. Sections 91 and 93 of S.L. 1990, ch. 213 are compiled as ~~ 66-348 and 67-2726, respec- tively. Section 3 of S.L. 1986, ch. 59 declared an emergency. Approved March 19, 1986. Section 111 of S.L. 1990, ch. 213 as amended by S 16 of S.L. 1991, ch. 329 pro- vided that Sg 3 through 45 and 48 through 110 of the act should take effect July 1, 1993 and that ~g 1, 2, 46 and 47 should take effect July 1, 1990. Sec. to sec. ref. This section is referred to in 9 31-4904. This section is referred to in 29 33-514, 33-515 and 54-1715. ANALYSIS Closed session. Conft.ict \\rith other statute. Discharge of commission director. Equal protection. · Closed Session. Where an executive session is authorized to consider the dismissal of an employee, the deliberating process can be conducted in a closed session. There is no requirement that private discussions of personnel matters must be repeated in public. Nelson v. Boundary County, 109 Idaho 205, 706 P.2d 94 (Ct. App. 1985). Conflict With Other Statute. There is a clear and definite conft.ict be- tween the provisions of this section of the open meeting law and S 31-713, which re- quires that all meetings of the Board of County Commissioners be public; this section, which ,vas enacted later in time, governs. Nelson v. Boundary County, 109 Idaho 205, 706 P.2d 94 (Ct. App. 1985). Discharge of Commission Director. There was no merit to the contention that ) the Commission for the Blind must have met before the public meeting and decided to fire the director and appoint her replacement, where the new appointee spoke several hours after the motion to terminate had been made and debated, and he qualified his remarks with the comment, "if the board does make the decision to retain." Gardner v. Evans, 110 Idaho 925, 719 P.2d 1185, cert. denied, 479 U.S. 1007, 107 S. Ct. 645, 93 L. Ed. 2d 701 (1986). The fact that the letter of dismissal given to the director of the Commission for the Blind a very short time after the meeting terminated had "legal type wording" did not prove that the commission had decided to fire her before the public meeting. Gardner v. Evans, 110 Idaho 925, 719 P.2d 1185, cert. denied, 479 U.S. 1007, 107 S. Ct. 645, 93 L. Ed. 2d 701 (1986). The fact that a press release stating that the director had been dismissed was handed to the press before the Commission for the Blind had voted on her dismissal did not prove that the commission had decided to fire her before the public meeting where the press release was not attributable to the commis- sion. Gardner v. Evans, 110 Idaho 925, 719 P.2d 1185, cert. denied, 479 U.S. 1007, 107 S. Ct. 645, 93 L. Ed. 2d 701 (1986). The fact that a locksmith arrived several minutes after the meeting to fire the director of the Commission for the Blind and appoint her replacement had concluded, in order to change the lock on the door of the director's office, was not substantial and competent proof that members of the commission met before the meeting and. had an agreement to discharge the director. Gardner v. Evans, 110 Idaho 925, 719 P.2d 1185, cert. denied, 479 U.S. 1007, 107 S. Ct. 645, 93 L. Ed. 2d 701 (1986). 1 ( I ~I Equal Protection. A discharged county employee, who argued he had been injured by this section pennitting closed meetings of the Board of County Com- missioners for personnel matters, failed to ;~:i :~:: ~ ' [~:~'~t , ::~:.I.""'. .t'7;'; f ':'\, .... ~~1-.< ~. _ ; ~~'4~{JJ: 2: tvtayor ROBERT D. CORRIE LEGAL DEPARTMENT (208) 884-4264 Council Members CHARLES ROUNTREE GLENN BENTI..EY RON ANDERSON KEITH BIRD 33 EAST IDAHO . LVIERIDIAN, IDAHO 83642 Phone (208) 888-4433 · Fax (208) 887-4813 . PUBLIC WORKS BUILDING DEPARTMENT (208) 887.2211 PLANNING AND ZONING DEPART~1ENT (208) 884-5533 NOTICE OF SPECIAL JOINT MEETING NOTICE IS HEREBY GIVEN that the City Council of the City of Meridian will hold a Special Joint Meeting with the Meridian Rural Fire District at the City Hall, 33 East Idaho Ave., Meridian, Idaho, on Tuesday, September 22, 1998 at 7:30 P.M. The Meridian City Council and the Meridian Rural Fire District will be discussing and possible approving the joint powers agreement. The public is welcome to attend. DATED this 20th day of September, 1998. J1~~~&ff,a WILLIAM G. BERG, JR. -~IT't'CLERK ... ( (~ \ CITY OF MERIDIAN/MERIDIAN RURAL FIRE PROTECTION DISTRICT FlREFIGHTING AND LIFE PRESERVATION SERVICE CONTRACT AND JOINT EXERCISE OF POWER AGREEMENT THIS AGREEMENT is entered into this _day of , 1998, by and between the City of Meridian, a municipal Corporation and government subdivision of the state of Idaho organized and existing by virtue of law of the State of Idaho, whose address is 33 East Idaho Avenue, Meridian,. Idaho 83642, hereinafter referred to as the "City of Meridian" and the Meridian Rural Fire Protection District, organized and existing pursuant to Chapter 14 of Title 31 of the Idaho Code, whose address is 1510 East 1st Street, Meridian, Idaho 83642. 1. TITLE OF AGREEMENT: This Agreement shall be known and referred to as the "City ofMeridian/Meridian Rural Fire Protection District Firefighting and Life Preservation Service Contract and Joint Exercise of Power Agreement". 2. DEFINITIONS: For all purposes of this Agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: 2.1 "Administrator": means and refers to the Chief"Meridian" Fire Department: or the designee/Chiefwho shall be responsible for the operational administration of this Agreement; 2.2 "Additional Real Property": means and refers to a parcells of real property purchased by either or both parties to this Agreement the purpose for which is to serve as a fire station, parking lot, or firefighting living quarters, or for other "fire and life protection services" intended for use in the providence of services pursuant to this Agreement, and which does not include "Real Property" herein defined under Section 2.14 as "Real Property". 2.3 "City Firefighting Equipment": means, refers to, and includes all that firefighting equipment described in Exhibit A, attached hereto, and by this reference incorporated herein as if set forth at length. 2.4 "City Firefighting Vehicles": means, refers to, and includes all those motor vehicles described in Exhibit B, attached hereto, and by this reference incorporated CITY OF MERIDIAN/MERIDIAN RURAL FIRE PROTECTION DISTRICT FIREFIGHTING AND LIFE PRESERVATION SERVICE CONTRACT AND JOINT EXERCISE OF POWER AGREEMENT - 1 ,- f t herein as if set forth at length. 2.5 "Contract Service Fee": means and refers to the amount charged by "Meridian" to the "Fire District" to provide "fire and life protection services". 2.6 "Employees": means, refers to, and includes all employees who provide firefighting and life preservation services in the performance of this contract including administrative employees but not including volunteer firefighters. 2.7 "Fire Department": means and refers to the Department, including personnel, furnishings and equipment, vehicles, "Real Property", "Additional Real Property", records, and other documents used and connected with the providence of "fire and life protection services" pursuant to this contract. 2.8 "Fire District": means and refers to the Meridian Rural Fire Protection District, organized and existing pursuant to Chapter 14 of Title 31 of the Idaho Code, whose address is 151 0 East 1 st Street, Meridian, Idaho 83642. 2.9 "Fire and Life Protection Services": means and refers to the protection of property both real and personal against fire and the preservation of life and shall include those services which a Fire Protection District is authorized to and does perform for residents residing within the boundaries and persons or entities that own property and otherwise for persons and property found within the boundaries of the "Fire District". 2.10 "Fiscal Year": means and refers to that certain twelve-month period of time within which budgets are calculated, expenditures are made, and tax and other revenues are collected, as established by state law for the parties, which at this time commences October 1 st and ends on September 30th of the following calendar year . 2.11 "Jointly Owned Firefighting Equipment and Vehicles": means, refers to, and includes all firefighting equipment and vehicles described in Exhibit C, attached hereto, and by this reference incorporated herein as if set forth at length. 2.12 "Major EQuioment": means and refers to tangible personal property, other than vehicles, which purchase price exceeds TWO THOUSAND FIVE HUNDRED AND NOll 00 DOLLARS ($2,500.00). 2.13 "Meridian": means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government subdivision of the state of CITY OF MERIDIAN/MERIDIAN RURAL FIRE PROTECTION DISTRICT FIREFIGHTING AND LIFE PRESERVATION SERVICE CONTRACT AND JOINT EXERCISE OF POWER AGREEMENT - 2 ( ( Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Idaho Avenue, Meridian, Idaho 83642. 2.14 "Real Property": means that certain parcels of real property located in the County of Ada, City of "Meridian" as is described in Exhibit D, attached hereto and by this reference incorporated herein as if set forth at length together with the improvements thereon including a fire station, a parking lot, and firefighter living quarters. The current appraised 'value of said "Real Property" is also included in EJchibit D. 2.15 "Rural Firefighting Equipment": means, refers to, and includes all that firefighting equipment described in Exhibit E, attached hereto, and by this reference incorporated herein as if set forth at length. 2.16 "Rural Firefighting Vehicles": means, refers to, and includes all those motor vehicles described in Exhibit F, attached hereto, and by this reference incorporated herein as if set forth at length. 2.17 "V olunteer firefighters": means and refers to any and all persons who provide firefighting services who are not full-time paid firefighters and who are duly enrolled and subject to the provisions of the volunteer firefighter regulations. 2.18 "1997/98 Fire Department Budget": means and refers to that certain budget for the 1997/1998 "fiscal year" for the providence of "fire and life protection services" to "Meridian" and to the "Fire District" described in Exhibit G, attached hereto, and by this reference incorporated herein as if set forth at length. 3. RECITALS: 3.1 Powers/and Intentions of Parties 3.1.1 WHEREAS, the "Fire District" was formed and exists for the purpose of the protection of property against fire and for the preservation of life under the "Fire Protection District Law" and the boundaries of the district are within the County of Ada, State of Idaho and which boundaries surround "Meridian"; and 3.1.2 WHEREAS, "Meridian" has the authority, in order to prevent and extinguish fires, to erect engine houses and purchase or lease fire engines and all other apparatus and to maintain a fire department; and CITY OF MERIDIAN/MERIDIAN RURAL FIRE PROTECTION DISTRICT FIREFIGHTING AND LIFE PRESERVATION SERVICE CONTRACT AND JOINT EXERCISE OF POWER AGREEMENT - 3 ( 3.1.3 WHEREAS, "Fire Protection District Law" at I.C. S 31-1430 provides that firefighting forces and apparatus of the "Fire District", can be housed in "Meridian" outside the "Frre District" upon written agreement with the city council of "Meridian", and "Meridian" is authorized and empowered to make and enter into written contracts with the "Fire District" which adjoins it and may respond to calls outside of "Meridian's" boundaries but within the boundaries of the "Frre District" and I.e. S 31-1430A empowers the "Fire District" to enter into a written agreement with "Meridian" for mutual protection, joint use, ownership, and/or operation of land, equipment, or facilities, or for the protection of either at either a fixed monetary consideration or a monetary consideration based on the reasonable value of services actually rendered under the Agreement; and 3.1.4 WHEREAS, "Meridian" and the "Fire District" have engaged in a joint operation of the "Fire Department" for a period of many years, and as result thereofhave accumulated various assets including "Real Property", and "Jointly Owned Frrefighting Equipment"; and 3.1.5 WHEREAS, "Meridian" has purchased and O\VllS various firefighting and life saving equipment which includes "city firefighting vehicles" and "city firefighting equipment", which they seek herein to establish by written agreement their relative ownership interests therein; and 3.1.6 WHEREAS, ''Fire District" has purchased and O\VllS various firefighting and life saving equipment which includes "rural firefighting vehicles" and "rural firefighting equipment"; and 3.1.7 WHEREAS, "Fire District" and "Meridian" prior to the 1 st of October 1998 being the effective date of this Agreement have jointly employed the "employees" and have jointly overseen the "fire department" operations, which has included negotiations with the union that represents the firefighter "employees", and the "Volunteer Firefighters"; and employment and negotiation responsibility thereof shall commencing_October 1, 1998 be the sole responsibility of "Meridian"; and_ 3.1.8 WHEREAS, "Fire District" and "Meridian" have operated upon a formula where they have shared the expenses of the firefighting operations on an equal basis, which shall continue through the "1997/98 Fire Department Budget" . CITY OF MERIDIAN/MERIDIAN RURAL FIRE PROTECTION DISTRICT FIREFIGHTING AND LIFE PRESERVATION SERVICE CONTRACT AND JOINT EXERCISE OF POWER AGREEMENT - 4 ( I 3.1.9 WHEREAS, in the past, the populations of "Meridian" and the "Fire District" were in close proximity, but due to the growth of "Meridian" which has included considerable construction within "Meridian" and annexations of property into "Meridian", the result of which is that there is now less area within the "Fire District" and the "Fire District's" population is currently estimated at 9,862 vis a vie "Meridian's" population is currently estimated at 24,415 and it is anticipated that the "Meridian" population and area will continue to increase versus the "Fire District" for the reasonably foreseeable future; and 3.1.10 WHEREAS, it has been the operational method of the parties through the "1997/98 Fire Department Budget" that each has agreed to appropriate funds to cover the costs of tire station, living quarters maintenance, and equipment maintenance and purchases, and "employee" and "volunteer firefighter" wages, benefits, and expenses which has occurred in the fiscal year 1997/98. A true and correct copy of the "1997/98 Fire Department Budget" is attached marked Exhibit G in which is reflected the parties' responsibility under the column headings "City" for "Meridian" and "Rural" for the "Fire District" for the various budget expenditures and line items in the amounts set forth in the column heading "1997-1998"; and 3.1.11 WHEREAS, it is the intention of the parties to affirm the "1997/98 Fire Department Budget" obligations and to provide for a method by which future "Fire Department" operations are conducted, which method shall include "Fire Department" budgeting and management in a manner proportionate and commensurate with the need for "fire and life protection services" within the boundaries of the parties; and to that end, it is agreed that it is in the best interests of the parties that "Meridian" conduct the operations of the "Fire Department", that a formula and process be developed for budgeting expenses of the "Fire Department" operations, establish a billing to "Fire District" by ''Meridian'' for contract "fire and life protection services", and provide for an agreement on property ownership, management, an4 use by written contract. 3.1.12 WHEREAS, the parties wish to exercise the power ifneed be of the said parties to transfer real and personal property under Idaho Law and other laws regarding the same, and to jointly exercise their authority and powers, ifnecessary, to effectuate the purposes of this Agreement in accordance with the authority of Idaho Law (I.C. S67-2326-2328); CITY OF MERIDIAN/MERIDIAN RURAL FIRE PROTECTION DISTRICT FlREFIGHTING AND LIFE PRESERVATION SERVICE CONTRACT AND JOINT EXERCISE OF POWER AGREEMENT - 5 ( ( \ 3.1.13 WHEREAS, the parties have entered into negotiations regarding the advisability of entering into this Agreement for the purpose of establishing reasonable tenns, conditions, and consideration of this Agreement for the protection of either at a fixed monetary consideration, and to provide for the automatic renewal of the Agreement for the protection of either at a fixed monetary consideration or a monetary consideration based on the reasonable value of services actually rendered under the Agreement; and 3.1.14 WHEREAS, each party has determined that it is in their best interests to enter into this Agreement. NOW THEREFORE, in consideration of the foregoing recitals, considerations and purposes, the parties covenant and agree as follows: 4. DURATION: 4.1 Term: This Agreement shall commence on the 1st day of October, 1998, and end at midnight on the 30th day of September, 1999. 4.2 Renewal Term: This Agreement shall be automatically renewed for additional one-year renewal tenns which shall coincide with the current "fiscal year", unless either party gives notice ofF non-renewal or termination. 5. NO SEPARATE LEGAL ENTITY CREATED: There shall be no separate legal or administrative entity created by this Agreement. 6. PURPOSE: The purpose of this Agreement is to: 6.1 Settle and establish the parties' existing ownership interest in "Real Property", firefighting equipment, and firefighting vehicles; 6.2 Provide for the use, operation, and ownership of all "Real Property", "Additional Real Property", firefighting equipment, and firefighting vehicles and establish the employment of the "employees" and management of the "volunteer firefighters"; 6.3 Provide for a method by which a fire department Budget is adopted and an amount CITY OF MERIDIAN/MERIDIAN RURAL FIRE PROTECTION DISTRICT FIREFIGHTING AND LIFE PRESERVATION SERVICE CONTRACT AND JOINT EXERCISE OF POWER AGREEMENT - 6 ( established as a "contract service fee"; 6.4 Provide for an affirmation of the "Fire District" of its obligations for the "1997/98 Fire Department Budget"; 6.5 Provide for a method for temrination oftrus Agreement, and the division of assets; and 6.6 Provide for notice of default of the Agreement and for remedies. 7. Financing and Budget: the process for the development of the "1998 Fire Department Budget" commencing for 1998/1999 "fiscal year" and each year thereafter during the effective term/s of this Agreement shall be as follows: 7.1 Annually, the "Administrator" shall cause to be developed for the following fiscal year: 7.1.1 Through and in accordance with the input, comment and directives of both "Meridian" and the "Fire District" an outline of directions, objectives and goals of the "Fire Department" for the following fiscal year, and for a reasonable period thereafter in order to provide for overall direction in fiscal and budget planning and for the providence of "fire and life protection services". 7.1.2 Operations Budget for the "Fire Department" operations, which shall include, as appropriate, the following line items: Fire Fighter Wages, Uniform Allowance, Retirement; Withholdings and other wage benefits, "employee" insurance coverages; Supplies and maintenance for buildings and equipment; "V olunteer Firefighter" expenses; "Fire Department" Administration and overhead offset expense; General liability insurance expenses; Travel and meeting expense; and Any other expenses that relate to the day to day operation of the "Fire Department"; and an estimate of the anticipated use of "Major Equipment" and vehicles in the providence of services is to be taken into account considering the ownership and the formula for the establishment of the service fee. If there is inequity to one party or the other there 80011_ be an adjustment in the calculation of the service fee to account for the inquity. CITY OF MERIDIAN/MERIDIAN RURAL FIRE PROTECTION DISTRICT FIREFIGHTING AND LIFE PRESERVATION SERVICE CONTRACT AND JOINT EXERCISE OF POWER AGREEMENT - 7 {' 7.1.3 A Capital Outlay Expense Budget for as needed facilities, "major equipment", and/or vehicles, which may include and consist of any or all of the following line items: "Real Property" acquisition and improvements expense; "Major equipment" and or vehicle expense. 7.2 The Operations Budget and Capital Outlay Expense Budget shall be delivered to the Commissioners of the "Fire District" not less than 90 days prior to the date the "Fire District" Budget must be certified to the Ada County Clerk for tax collection, which delivery of budgets shall be accompanied by a meeting of the "Administrator" with the ''Fire District" Commissioners to explain the need and reasons for the budgetary requests. 7.3 The "Fire District'" Commissioners shall have 30 days within which to comment upon the proposed budget and to provide those comments in writing to ''Meridian'' . 7.4 In the event ofa dispute as to the reasonableness of the proposed budget, ''Meridian'' City Council and the Commissioners of the "Fire District" shall have at least one meeting together with the "Administrator", the purpose of which is to reach a compromise on the budget requests. Agreement should be reached no later than 30 days prior to the date the parties' budget requests must be certified to the Ada County Clerk's office. 7.5 All disputes regarding requested budgetary amounts shall be determined upon the principle and it is herein agreed to be the commitment of the parties that the "Fire Department's" ability to provide "fire and life protection services" to both_parties shall be in a manner that is at least equal to the most recent historic level of the provision of those services to the parties, and at a level at least equal to the average of the providence of "fire and life protection services" by the professional Fire Departments of the .Qities (excepting the City of Boise) and Rural Fire Protection Districts in Ada and Canyon Counties. 7.6 In the event an agreement regarding the Operations Budget is not timely reached, either party may elect to give notice of termination of this Agreement. 7.7 The "Fire Department" Operations and Capital Outlay Expense Budgets shall be funded with tax collections and other revenues available to the parties to this CITY OF MERIDIAN/MERIDIAN RURAL FIRE PROTECTION DISTRICT FIREFIGHTING AND LIFE PRESERVATION SERVICE CONTRACT AND JOINT EXERCISE OF POWER AGREEMENT - 8 ( Agreement which is legally eligible for such expenditure and shall be approved annually by the parties on a timely basis, and which budgets shall be funded by direct appropriation by "Meridian" and by the payment of the "contract service fee" by the "Fire District" in accordance with the provisions of this Agreement subject to the "Fire District" including only the amount of its obligation to pay "contract service fee" and each party will only include in their budgets the amount that party will expend for Capital Outlay Expenditures. 8. "CONTRACT SERVICE FEE": 8.1 "Contract Service Fee": Commencing in the 1998/1999 "fiscal year" and each year thereafter during the effective term/s ofthis Agreement, "Meridian" shall charge the "Fire District" a "contract service fee". 8.2 Method of Calculation of "Contract Service Fee": The "contract service fee" to be charged the "Fire District" shall be determined as a percentage ofthe "Fire Department" operations budget equal to the average percentage ofthe following: 8.2.1 Gross Market Valuation Percentage: The then current gross market valuation of all property, subject to ad valorem tax (gross market valuation) in the "Fire District", divided by the total of the gross market valuation both of the "Fire District" and "Meridian", as appears on the property valuation tax rolls in the Ada County Assessor's office; and 8.2.2 Population Percentage: the then current population of the "Fire District" divided by the total population of both "Meridian" and the "Fire District". 8.2.3 Market Valuation: The market valuation figures shall be obtained from the Ada County Assessor's office each year and the population figures shall be based upon the most recent census figures adjusted by either the Ada Planning Association's demographic report or an annual demographer's report. The demographer's estimates shall take into consideration building permits issued, utility connections, and such other reliable factors as are considered reasonable in making population estimates in Ada County. The cost ofa demographer's report shall be an expense as part ofthe "Fire Department" operations budget as "other expense". 8.2.4 The parties agree that the method provided herein for the determination of the "contract service fee" will be the method by which payment will be CITY OF MERIDIAN/MERIDIAN RURAL FIRE PROTECTION DISTRICT FIREFIGHTING AND LIFE PRESERVATION SERVICE CONTRACT AND JOINT EXERCISE OF POWER AGREEMENT - 9 ( made for any item determined needed and included in the Capital Outlay Expenditure budget unless a separate agreement is made in writing regarding any particular item. 8.2.5 This formula for determination of "contract service fee" may be revised in writing as an amendment to this Agreement. 8.3 Payment of "Contract Service Fee": The "Fire District" shall be invoiced by "Meridian" on a monthly basis for the "contract service fee" actually incurred and for capital outlay expenditures due and payable, which invoice shall specify the amounts billed for and the amounts budgeted and actually expend~d within the"fiscal year", including the line items of the "Fire Department" Operations and Capital Outlay Expenditure Budgets. The "Fire District" shall remit within 30 days all amounts justly charged as "contract service fee" and those amounts for which the "Fire District" is responsible as Capital Outlay Expenditure Budget. 8.4 For Capital Outlay Expenditure budgeted amounts not expended in one "fiscal year" "Meridian" and "Fire District" shall cause the Capital Outlay Expenditure budgeted amounts to be placed in their appropriate fund designated to the Capital Outlay expense with the appropriate designations and actions to provide for the carry over of the fund balance in accordance with the provisions ofl.C. 9 50-1005 A_governing "Meridian" and I.C. S 31-1424 governing the_"Fire District". 9. IN THE EVENT OF A CONSOLIDATION OF THE "FIRE DISTRICT WITH ANOTHER RURAL FIRE PROTECTION DISTRICT: 9.1 In the event the "Fire'Dist.rict" should consider a consolidation with any other Rural Fire Protection District, it shall give ninety (90) days written notice to the "Administrator" and to "Meridian" of such consideration and shall receive and consider comment of the advisability of such consolidation from the "Administrator" and/or "Meridian". . 9.2 In the event a consolidation is effected prior to termination of this Agreement, "Meridian's" responsibility to provide "fire and life protection services" without a written amendment to this Agreement shall not be expanded beyond the boundaries of the ''Fire District" as they existed prior to consolidation, and any obligation imposed upon the "Fire District" for the payment of monies by this Agreement shall be considered a debt of the "Fire District" and included as a debt of the consolidated district as provided by I.C. S 31-1411A or any recodification of amendments thereof CITY OF MERIDIAN/MERIDIAN RURAL FIRE PROTECTION DISTRICT FIREFIGHTING AND LIFE PRESERVATION SERVICE CONTRACT AND JOINT EXERCISE OF POWER AGREEMENT - 10 ( 10. "FIRE AND LIFE PROTECTION SERVICES": 10.1 Contract Services: During the term of this Agreement "Meridian" shall provide "fire and life protection services" to residences, property and persons found within the boundaries of the "Fire District" and shall also provide such services to any person and/or entity with whom the parties to this Agreement_have contracted with to provide such services either by mutual aid or by contract between other Fire Protection District and/or City Fire Department and/or individual property owners outside of the District so long as said Agreements have been approved by both, Fire District and Meridian._ 10.2 Non waiver of right to collect fee for services rendered: This Agreement shall not be construed nor is it intended to waive any right that the "Fire District" may have to charge a fee for "fire and life protection services" where the same is provided for in the ''Fire Protection District Law" and to the extent that such fees may be charged and the same are by this Agreement assigned to "Meridian" subject to the appropriate action of the Board of Commissioners of the "Fire District" with the provision that such fees collected shall be an offset to the "contract service fee". 11. EXISTING PROPERTY OWNERSHIP: 11.1 The Parties have the following ownership interest in the follo~ing described property which present value is agreed upon where it appears in the exhibits which are referred herein this section. "Meridian" owns: "City firefighting vehicles" "City fire fighting equipment" City office furniture and equipment ''Fire District" owns: "Rural firefighting vehicles" "Rural firefighting equipment" Rural office furniture and equipment Jointly owned Personal Property: "Jointly owned firefighting equipment and vehicles" (percentage of ownership reflected in exhibits.) CITY OF MERIDIAN/MERIDIAN RURAL FIRE PROTECTION DISTRICT FlREFIGHTING AND LIFE PRESERVATION SERVICE CONTRACT AND JOINT EXERCISE OF POWER AGREEMENT - 11 Jointly owned "Real Property": "Real Property" 12. EXISTING OBLIGATION: 12.1 The parties have made a commitment and do hereby commit to fund the authorized expenditures under the existing "1997/98 Fire Department Budget", and "Meridian" will continue to invoice the "Fire District" for amounts owed as a result of the authorized expenditures under the "1997/98 Fire Department Budget" in accordance with existing practices. 13. FIREFIGHTING "EMPLOYEES"/"VOLUNTEER FIREFIGHTERS" "MERIDIAN" "EMPLOYEES": 13.1 "Meridian" shall, ~ommencing on October 1, 1998, assume all responsibility for the employment of and the contract obligations for the "Employees" and for "V olunteer firefighters". 14. MAINTENANCE OF "FlREFIGHTING EQUIPMENTNEHICLES" AND "REAL PROPERTY": 14.1 "Meridian" shall commencing on October 1, 1998, assume all responsibility for the maintenance of all the "Firefighting equipment/vehicles" and the "Real Property" whether owned by the "Fire District", "Meridian", or jointly and shall so maintain in a state of good repair and working order. All maintenance of equipment and or vehicles shall be performed in accordance with manufacturer's specifications as well as any applicable state or federal statutes, rules or regulations. The "District" reserves the right to request "Meridian" to meet its obligation hereunder and also reserves the right in the event it has cause to provide maintenance of "District" equipment in accordance with the default provisions of this Agreement. 15. NEW FIREFIGHTING EQUIPMENTNEHICLES/"ADDITIONAL REAL PROPERTY": 15.1 At such time as new firefighting equipment/vehicles and/or "Additional Real Property" or improvements upon "Real Property" or "Additional Real Property" is purchased and or replaced, the ownership of the same shall be as follows: 15.1.1 In the percentage equal to the amount of the purchase price paid by the party to the Agreement. This shall be determined by the amount set forth CITY OF MERIDIAN/MERIDIAN RURAL FIRE PROTECTION DISTRICT FIREFIGHTING AND LIFE PRESERVATION SERVICE CONTRACT AND JOINT EXERCISE OF POWER AGREEMENT - 12 (' in the Capital Outlay Expenditure Budget with adjustments for the value of the sale of existing assets used directly for the purchase of the new firefighting equipment, vehicles, "Additional Real Property" and/or "Real Property" or "Additional Real Property" improvements. 15.1.2 The "Administrator" shall at all times keep the Commissioners of the "Fire District" informed and shall consult with them from time to time on the need and future need to purcp.ase new firefighting equipment, vehicles, "Additional Real Property" and/or improvements upon "Real Property" or "Additional Real Property" and shall also consult and obtain when necessary the appropriate authority for the proper bidding of new purchases when the "Fire District" will have an ownership interest therein. 16. OPERATIONAL NEEDS AND EXPENSES: 16.1 "Meridian" shall be responsible for maintaining appropriate ancillary personal equipment, furnishings, insurance and otherwise to maintain department functioning at a level to provide the "fire and life protection services" required of it by this Agreement. 16.2 "Meridian" shall maintain and provide the "Fire District" as an additional insured for all operational liability, casualty loss insurance, and fidelity bonds in amounts not less than the amounts required by State law to be carried to cover the statutory liability and responsibilities of the parties to this Agreement and for casualty loss in amounts not less than the agreed value of the real and personal property which is subject to this Agreement. The parties, as part of the budgetary process, may agree upon additional insurance coverage and/or larger amounts qf insurance coverage than is required by this subsection. 17. RECORDS/REPORTS: 17.1 "Meridian" shall be responsible to keep all necessary records concerning the performance of any aspect of this Agreement in accordance with good business and governmental practices for such activities and which records shall be available for inspection and er for use as required by law and the needs of the parties. 18. HEAD OF THE "FIRE DEPARTMENT" TO SERVE AS "ADMINISTRATOR": 18.1 For purposes of the administration of this Agreement the Chief of the "Fire Department" or the designee shall serve as the "Administrator" of this Agreement. CITY OF MERIDIAN/MERIDIAN RURAL FIRE PROTECTION DISTRICT FIREFIGHTING AND LIFE PRESERVATION SERVICE CONTRACT AND JOINT EXERCISE OF POWER AGREEMENT - 13 ( 18.2 The "Administrator" shall meet with the Board of Commissioners of the "Fire District" and the Council and Mayor of "Meridian" and provide to them as a part of their regular or special meetings, as is reasonably necessary, a report of "Fire Department" operations and all matters related to the performance of this Agreement. 19. NON-RENEWAL OR TERMINATION: Except for termination due to default either party desiring to not renew or terminate this Agreement must provide written notice to the other party no later than the 15th day of October, which shall terminate the Agreement effective the 1st day of October of the year following the date notice was given. 20. DEFAULT: 20.1 A failure of a party to perform any duty or affirmative act or pay any sum provided for in this Agreement is a default of this Agreement. 20.2 No claim can be made for default or breach of this Agreement unless notice of the breach, and demand for performance, is made to the other party. Notice of breach under this provision must specify the details of the claimed breach and demand for performance under this provision and must specify the details specific to the demanded performance and shall provide that the default be cured in 30 days of the date of the service of Notice of Default unless the default is a circumstance provided for in subsection 20.3 of this section. Every notice under this Agreement shall be deemed to have been given at the time it is deposited in the United States Mails and or verified as received by Fax transmission. 20.3 In the event the default will cause immediate and irreparable injury or damage or would result in a failure to perform a statutory duty imposed upon a party that party may obtain substitute performance after having provided reasonable notice (commensurate with the circumstances of the default) to the other party and the reasonable cost of which shall be paid by the other party. 20.4 In the event a party fails to pay an amount provided for in this Agreement the non defaulting party shall be entitled to statutory interest thereon from the date the same is due until paid. 20.5 Due to the fact that there is a long history of joint operation of the "Fire CITY OF MERIDIAN/MERIDIAN RURAL FIRE PROTECTION DISTRICT FIREFIGHTING AND LIFE PRESERVATION SERVICE CONTRACT AND JOINT EXERCISE OF POWER AGREEMENT - 14 {- ~ Department" by the parties specific performance shall be available to enforce the provisions of this Agreement governing the distribution of the real and personal property. 20.6 In the event a default is the proximate cause to additional damages that are anticipated as naturally resulting from the default in addition to the other remedies provided herein the parties may claim such actual damages incurred by them subject to the duty of the non defaulting party to act reasonably to mitigate those damages. 20.7 In the event a default is not remedied by the defaulting party the non- defaulting party may also elect to terminate this Agreement providing 60 days notice of such election. 20.8 All remedies provided to either party by this Agreement shall be deemed cumulative of any remedy otherwise allowed by law. 21. DISTRIBUTION OF PROPERTY AND EQUIPMENT U~ON NON-RENEWAL OR TERMINATION: In the event Notice of Non-Renewal or Termination is given: 21.1 The obligations of the parties shall remain as provided for in this Agreement and no distribution of property or equipment nor any cessation of services shall occur until the effective date of termination. 21.2 On the effective date of termination, all "contract service fees" shall be paid which are due and payable. 21.3 In the event this Agreement is terminated for reason of default the "Real Property" "Additional Real Property" and/or firefighting equipment or vehicles or interest therein of the defaulting party shall be security for the performance of the defaulting party and the notice of termination shall state the amount claimed by reason of the default. 21.4 In the event this Agreement is terminated and there is any existing mutual commitment of the parties to the purchase any personal property or "Additional Real Property" the parties shall continue to be bound and agree to hold each other harmless from any and all claims for which they are obligated to pay. CITY OF MERIDIAN/MERIDIAN RURAL FIRE PROTECTION DISTRICT FIREFIGHTING AND LIFE PRESERVATION SERVICE CONTRACT AND JOINT EXERCISE OF POWER AGREEMENT - 15 21.5 Distribution rights and options concerning personal property and "Real Property'" and "Additional Real Property'" upon termination: 21.5.1 All "Real Property"" "Additional Real Property" together with improvements thereon, "Meridian" shall have the first exclusive option to purchase the "Fire District's'" interest therein at the then appraised value. Notice of the exercise of this right must be given within 30 days of the date notice of termination is served and the "Fire District" shall have the second exclusive option to purchase "Meridian's" interest therein within 30 days after the first option expires and in the event neither party exercises their option then the parties may either agree to the joint operation use and maintenance of the "Real Property'" and "Additional Real Property" or agree to sell the "Real Property" and "Additional Real Property" for at least the appraised value or best offer over appraised value in accordance with the procedures for the sale of real property governing Cities and Rural Fire Districts. 21.5.2 Of all "Jointly Owned Firefighting Equipment and Vehicles" by the parties, "Meridian" shall have the first exclusive option to purchase all the ''Fire District's" interest therein at the then appraised value. Notice of the exercise of this right must be given within 30 days of the date notice of termination is served and the "Fire District" shall have the second exclusive option to purchase all of "Meridian"s'" interest therein within 30 days after the first option expires and in the event neither party exercises their option then the parties may either agree to joint operation use and maintenance of the Firefighting Equipment and Vehicles or portions thereof or agree to sell the same for at least the appraised value or best offer over appraised value in accordance with the procedures for the sale of personal property governing Cities and Rural Fire Districts. 21.5.3 Any property purchased pursuant to the options provided for in this section shall be valued net of any obligations still owing and the opting party shall provide in the purchase for the payment of any such obligations. 21.5.4 All property owned exclusively by a party shall be distributed to that party. 21.5.5 "Employees"/"Volunteer Firefighters" shall remain the "employees" and be subject to the management control of "Meridian" unless otherwise specifically provided for. CITY OF MERIDIAN/MERIDIAN RURAL FIRE PROTECTION DISTRICT FIREFIGHTING AND LIFE PRESERVATION SERVICE CONTRACT AND JOINT EXERCISE OF POWER AGREEMENT - 16 ( 22. OPTION PRICE PROCEDURE: 22.1 The procedure for the establishment of the price for the exercise of any option to purchase and the procedure to be followed for purchase as provided for in this Agreement shall be as follows: 22.1.1 "Real Property" / "Additional Real Property": by appraisal value established by a licensed appraiser whom the parties have appointed to do the appraisal. 22.1.2 Firefighting Equipment and/or Firefighting Vehicles": Three (3) disinterested residents of Ada County shall be selected by both the Commissioner of the "Fire District" and the City Council of "Meridian" to appraise the "firefighting equipment" and/or "firefighting vehicles" as the case may be. Care should be take.n to include persons with knowledge of the value and market for the equipment and/or vehicles. The appraisers are to meet and report in writing their appraisals to the Commissioner of the "Fire District" and City Council of "Meridian" within fourteen (14) days of the appointment. The appraisers are to agree on an appraised value for each item for which they are to appraise. The cost of the appraisals shall be an expense of the option and shall be paid by the party exercising the option. 22.1.3 The exercise of an option to purchase an interest in property of a party_will follow the procedures ofl.C. S 31-1417A and Chapter 14 of Title 50 Idaho Code, as the case may be, along with the provisions of this section. In the event neither party exercises an option to purchase property that is jointly owned, and the same is placed for sale, in the event a bid is submitted for the purchase of the property by a potential purchaser other than a party to this Agreement, the party to this Agreement by priority of their option shall have seven (7) days subsequent to the date of the submittal of the bid to meet the tenns of the highest bid submitted. The exercise of this option shall be in writing. 23. GENERAL PROVISIONS: 23.1 This Agreement constitutes and contains the entire Agreement of the parties and supersedes and merges all other prior understandings or agreements between the parties on the subject of this Agreement, if any, whether oral or written; and CITY OF MERIDIAN/MERIDIAN RURAL FIRE PROTECTION DISTRICT FIREFIGHTING AND LIFE PRESERVATION SERVICE CONTRACT AND JOINT EXERCISE OF POWER AGREEMENT - 17 (.....----- 23.2 The failure of a party hereto to insist upon strict perfonnance on observance of this Agreement shall not be a waiver of any breach of any terms or conditions of this Agreement by the other party; and 23.3 In the event any provision or section of this Agreement conflicts with applicable law, or is otherwise held to be unenforceable, the remaining provisions shall nevertheless be enforceable and carried into effect; and 23.4 In the event any litigation arising under, or as a result at: this Agreement or arising from any of the acts to be performed hereunder or the alleged breach of this Agreement, the prevailing party shall recover its costs and reasonable attorneys' fees; and 23.5 This Agreement shall be governed and interpreted by the laws of the State of Idaho; and 23.6 No party may assign this Agreement or any interest therein without written consent of the other party; and 23.7 No amendment, alteration, or modification oftrus Agreement shall be effective unless made in writing and duly executed by the parties hereto; and 23.8 The captions appearing under the section number designations oftrus Agreement are for convenience only, and are not a part of this Agreement, and do not in any way limit of amplify the terms and provisions of this Agreement. 24. COUNTERPARTS This Agreement shall be executed by the parties by the parties in two (2) counterparts, and each such counterpart shall be deemed an "original". . 25. NOTICE: 25.1 All notices given pursuant to this Agreement or contemplated under this Agreement shall be given by certified mail, return receipt requested, postage prepaid, addressed to the proper party at the following addresses: 25.1.1 City of Meridian 33 East Idaho Avenue Meridian, Idaho 83642 CITY OF MERIDIAN/MERIDIAN RURAL FIRE PROTECTION DISTRICT FIREFIGHTING AND LIFE PRESERVATION SERVICE CONTRACT AND JOINT EXERCISE OF POWER AGREEMENT - 18 ,,- 25.1.2 Meridian Rural Fire District 1510 E. 1 st Street Meridian, Idaho 83642 25.2 Any notice so given shall be deemed delivered, given served, or received on the date deposited in the United States mail or verified as received by Fax transmission. Any party may change the address or designee to whom notices shall thereafter be given upon five (5) days' prior written notice to the other party in the manner set forth in this section. IN WITNESS WHEREOF, the parties have her~in executed this Agreement and made it effective as hereinabove provided. DA TED AND SIGNED this _ day of , 1998. CITY OF MERIDIAN By: Mayor ATTEST: By: Clerk BY COUNCIL RESOLUTION NO: MERIDIAN RURAL FIRE PROTECTION DISTRICT By: President ATTEST: By: Secretary BY RESOLUTION NO: CITY OF MERIDIAN/MERIDIAN RURAL FIRE PROTECTION DISTRICT FlREFIGHTING AND LIFE PRESERVATION SERVICE CONTRACT AND JOINT EXERCISE OF POWER AGREEMENT - 19 ( EXIllBIT "A" CITY FIREFIGH'llNG EQUIPMENT Midland Radio #243394 Federal Siren #16316 Midland Radio #71100 Flat bed and SCBA box, racks, tool boxes (listed with 1998 Dodge 4 wheel drive 2 dr. 3500 in Exhibit "B") Used wooden office desk 2 - K & K nozzles #F251276 #D136128 Opticom Equipmentl at: Meridian and Pine East 1 st and Pine Franklin and Linder '\ 1 ''Fire District" to reimburse the "City" one half of the cost of Optic~ Equipment in the 1998/99 Fiscal Year at which time the property shall 00 jointly O\\'lled Exhibit ~'A" to JOINT USE, OWNERSIllP AND OPERATION AGREEMENT FOR FIRE PROJECTION ( EXHIBIT "B" CITY FIREFIGHTING VEmCLES 1972 Ford #C90L VQ33448 1987 Ford Crown Victoria 4 dr. #2F ABP72G2HX165851 1998 Dodge 4 wheel drive 2 dr. 3500 2 - tht bed and SCBA box, ~cks, toolboxes#3B6~3662~57961 '\ 2 ''Fire District" to reimburse the ''City'' one half of the cost of the 1998 Dodge Four Wheel Drive in the 1998/99 Fiscal Year at which time the property shall be jointly owned. . Exhibit ','B" to JOlNT USE, OWNERSHIP AND OPERATION AGREEMENT FOR FIRE PROJECTION ( EXHIBIT "c" JOINTLY OWNED 646BMWl173 646BMWl147 646XUA2BKU . 646BMWI169 646BMWl170 646BMWl171 646BMWl172 646BMW1164 646BMW1165 646BMW1166 646BMWI167 646XXT24C5 646XXT24Cf 646XXT24CT 646XXT24CV 646XXT24CW 646XYC2583 646XYC2586 646XYZ1584 646XYZ2587 GE PLUS Radios 646XYZ2585 Exhibit "C" to JOINT USE, OWNERSHIP AND OPERATI01\" AGREEt\1ENT FOR FIRE PROTECTION Page lotS 1982 Pierce E1530 #10T9M9A23CI020205 Midland Radio #344085 Federal Siren #94878 1993 Pierce IT #4P 1 CT02D 1P A000606 Midland Radio #243257 Code 3 Siren #3692 . 1987 Ford F-700 Pierce #lFDRK84N36V A48266 Midland Radio #304033 Code 3 Siren #22822 1983 Ford Van #lFTEE24G2DHB05219 Midland Radio #344255 Unin-ol Siren #3532 Model #480K 1996 Dodge Ram 03500 #lB6MF36WI TS502381 Miscellaneous Equipment Sigtronics Headset System MOTOROLA tvnNITOR IT: 3101-0521-02043 :MINITOR II Pagers Numbers: 646BMW1146 646BMW1174 646BMW1148 646BMWl149 646BMW1150 646BMW1151 646BMW1152 646BMWI153 646BMW1154 646BMWl155 646BMWI156 646BMWl157 646BMW1158 . 646BMW1159 646BMW1161 646BMWl163 KINGS Radios LPH5142747209 LPH5142748110 646XUA2BKT 646BMW1175 646XUA2BKV 646XUA2BKS 646XUA2BKQ 646XVW24MC 646XVW24MA 646XVW24:rvID 646XVW24MB 646XWW24Q8 646J0VW24Q3 646XWW24Q7 646XWW24Q9 646BMW1160 646BMWl162 646BMW1168 ~\ GE Radio 643273604 GE PCS Radios 1213296 1162136 1162134 1162135 1162138 1162137 1242590 1385512 1385513 /-- ( 9597513 959510 9597519 Kenwood Radios and Chargers Radios 80601761 80601762 80601763 80201764 M.P.A<. GE Radio - Model PAH02 #1536905 #1556148 4 - Kenwood Mikes 4 - PCS Mikes 2 - Cell Phones . 157-15399130 157-15578830 AIR TANKS: 1975 - T48411 1988 - 12611866 . 1988 - T159378 1988 - T159375 1988 - 1261853 1988 - T159351 1988 - T159350 1990 - WK.282893 Extrication Air Bottles SCH13068 SCH12975 SCH12826 SCH12941 SCH12778 SCH12741 19078 18986 SCH12743 19077 SCH12830 19138 19008 646XYC2588 646XYZ2588 Char2'ers 80301028 80301029 , 80301030 80300581 Kenwood. Radios 90701767 90701765 90701319 90701872 19102 SCH12912 19161 SCH12844 SCH13085 SCH12783 19154 19130 SCH13083 19175 SCH13067 SCH12721 19087 18979 SCH13000 SCH12740 19149 SCH19088 19007 SCH13056 SCH12719 12734 19051 '\ SCH13045 12762 19157 18987 SCH13084 SCH2621 19356 19104 18978 . 19162 18889 SCH13082 19293 SCH12395 Exhibit "C" to JOll'IT USE, OWNERSIllP AND OPERATION AGREE:MENT FOR FIRE PROTECTION Page 2 ot8 1974 - 51267DT Cascade Air System 1993 - 6493 1993 - 4230 1993 - 6615 1993 - 5787 Macko Air Comp. Bottles 6000 lbs.-Serial Numbers: 218317, 191006, and 218306 1 - Macko Air Compressor Model- BAC06HE3 Serial Number N5406EH175 Van/Cascade CX2926493 Cl CX45787C3 CX2926615C4 4230C2 18-SCBAPACALERT 1000 SCOTI AIR PACKS 19200024 09110970 19900320 09110954 19010038 09110756 19500406 09110982 9822337 9811515 9822477 9822454 9822422 9822462 09110980 19300570 19500111. 19400344 09110760 19300605 FIRE EQUIPMENT: 14 - Rechargeable Flashlights 1 - Konica 35ivIM Camera Camera #605994 Lens #6814884 Flash #4446 . 3 - Tempest Fan #01924371 #08925052 #7181B 3 - Oxygen Regulators 7 - Vehicle Report Folders 4 - Command Vests 22 - Fireline Tape 12 - Fire Extinguishers' . 2 - Bio-Haz Trash Cans 8 - Shovels 8 - Pitch Forks 5 - Pick Axes 5 - Flat Head Axes 6 - Rubber Mallets 8 -'Pike Poles 4- Rubbish Hooks 3 - Hooligan Tools 18 - Pass Devices 3 - Medical Kits 3 - Respiratory Kits 12 - InfectilJn Control Kits . Ii - Disposable Blankets Exhibit "e" to JOINT USE, OWNERSHIP AND OPERATION AGREE!JENT FOR FIRE PROTECTION Page 3 of8 '\ ( 5 - Tool Boxes 4-AFFFFoam 1 - Silver Fire Suit 5 - Bolt Cutters 3 - Chain Saws I-Homelite K-12 Saw 1 - Gas Detector 2 - Double 500W Portable Lights 2 - Heavy Duty Extension Cords 1 - Double Extension Cord & Reel 1 - 4' Fiberglass Ladder 1 - 3000 Gallon Dwnp Tank 2 - Portable Hale Pump 4 - Deluge Deck Guns 4 - Portable Spot Lights 2 - 150W Portable Lights 1 - 4000W Generator 9 - CPR Pocket Masks 2 - Bag Valve Masks 2 - Kendrick Devices 1 - K.E.D. 1 - Ice Rescue Suit 6 - Fracture Splints 6 - C-Collars 2 - Head Immobilizers 2 - Brush Fire Swatters" -2-5 Gallon SILV-EX 7 - Lifeflight Boards 6 - Wheel Choeks 2 - Sigtronies Radio Systems 2 - 24' Extension Ladders 2 - 35' Extension Ladders 4 - 14' Roof Ladders 4-10' Folding Ladders 5 - Ladder Skull Protectors 3 - Life-Safety Ropes. . 2 - Super Sawsalls 2 - Honda Generators EX! 000 Serial~unnber1205434 Serial Nunnber 1205 400 2 - Air Bags KPI 22 - Serial Number 941940 KPI 32 - Serial Number 932770 Air Bag Regulator - Serial Nunnber PRH8653 Dual Controller - Serial Nwnher 890900 1 - Mini:'Pack 911st . Serial.Nwnber 941191-003 Printer E6317 12 - Oxygen Cylinders 4 - Oxygen Flow Regulators #270050 '\ Exhibit "C" to JOlNT USE, OWNERSHIP AND OPERATION AGREE:MENT FOR FlRE PROTECTION Page 4 of8 1 - ONAN Generator 6EGHEB/3 80 18A Serial Number 1311025 1 - Code 3 Beacon Overheads (341) 1 - Foam Equipment & Nozzles 1 - V AC-AID Suction Unit 4 - Blood Pressure Cuffs 2 - Wildland Shovels 3 - Al. Scoop Shovels 1 - Snow Shovel 3 - Coffee Pots 3 - Thermoscans 1 - Laerdal D- FIB Serial Number HS3-9104-04189 1- Fill Panel (Cascade System) " I - FloVlIllix Foam System 500B 1 - Pulse Oximeter Model 71000AZ Serial~urnber 370314835 370314834 1 - Darley Pump Skid FIRE APPLIANCES AND TOOLS: 2 - AFFF Foam Eductors 4 - Hose Straps ". 1 - 5"-2.5" Male Adapters " _,____.10 -:-. 2.5"~' Male Adapters 10 - 2.5" Female Adapters 3 - 5"-2.5" Reducers 7 - 2.5"-1.5" Wyes 24 - Spanner Wrenches 12 - Hydrant Wrenches 4 - Elkhart Nozzles 4 - 2.5" Hose "Strainers 4 - 5" Hose Strainers 4 - Gate Valves 1 - Snaptite Gate Valve - FSGV -50 1 - Snaptite Relief Valve - FSPRV50 2 - 5"- 4.5" Female Adapters 2 - 5"-2.5" Female Adapters 2 - 5"-2.5" Female Elbows 2 - Snaptite Manifold-FSM 3 - Alcron Butterfly Valves 16 - Storz Wrenches 6 - 2.5'" Master Stream No?Zles 8 - T.F.T. Nozzles wlPistol Grip 1- Foam & Bail Nozzle 2- Camera Cases 4 - Vehicle Flashlights '\ Exhibit "C" to JOINT USE, OWNERSHIP AND OPERATION AGREEMENT FOR FIRE PROTECTION Page 5 of8 1 - 2 ~ Strainer 1 - 2 Y2 Floating Strainer 1 - 2 ~ Hydrant Adapter 3 - Simmons Binoculars 1 - 6" - 4 Y2" Female - Female Swivel 1 - I" Grass Fire Nozzle 2 - Hose Rollers 1 - 6" Inlet Pressure Valve 1 - Air cyclinder fill station FIRE HOSE: 1 - 3000' 1.50" Hose 1 - 2250' 1.75" Hose 1-1000'---2.50"Hose 1- 4000'------3.00" Hose 1- 300Q'----5.0Q''Hose 7 - 25' --2.5" Soft Suction Hose 3 - 25' -5.0" Soft Suction Hose 6 -10'--6.0" PVC Suction Hose 4 -10'-6.0" Hard Suction Hose 2 -10'--5.0" Hard Suction Hose 3 -25'--5.0" Supply Hose 3 - 50' -5.0" Supply Hose 1 0 - 50' --1.0" Wildland Hose FIRE STATION EQUIP:rvtENT: 1 - 15 HP Compressor - Traded LN Curtis 1- GE Base Radio Station 1- NFP A Code Books 1 - Meridian City Ordinances 3 - NFP A Tech. Books 1- HazardIMaterial Handling Book 1- NW Pipeline Safety Manual 2 - UFC Books 1991 . - , ~. 1 - UFC Standards Book ._-~ 1- Life Safety Code Book 1- Ada County Policy Manual 1- Ada County Communications Manual 4- Metal Desks 44 - Metal Folding Chairs of which 21 are Meridian Fire Departments and 23 are Meridian City '. 2- Large Tables 1- Speaker Podium 2- Blackboards 1- TtrrIl-out Rack 1- Flammable Liquid Detector 1- Mail Box '\ Exhibit "C" to JOINT USE, OWNERS:HI? AND OPERATION AGREEMENT FOR FIRE PROTECTION Page 6 o'f 8 ( . 3- Large Wooden Storage Cabinets 8... Folding Tables 1- Double Sided Metal Locker 4- Metal Filing Cabinets 1- CordleylTemprite Water Fountain 1- Computer Desk 1- Star NX2415 Printer Serial Number 490000201026 1- HP Printer 1- Edge Computer 1 - Keyboard Serial Number 00642212 1- Disk Drive Serial Number E003032 1- Monitor Serial Number TB9C46812 1- Double Sided Fire Prevention Education Cabinet 1- Portable Talking Fire Hydrant 1- Soda Pop Machine 2- Refrigerators . 1- Trophy Cabinet 2- Hose Racks 40- American Heat Training Tapes 1- Zenith TV and Wall Stand 1- Zenith VCR 1- Gas BBQ 1- Roof Swamp Cooler 1- Air Conditioner 1- Shop Vac 1- Zenith Camcorder 1- Rescue Randy 1- Rescue/Smoker Machine 1- Portable Tool Bench/Anvil 1- Tool Bench" 1- % HP Air Compressor 1- 4' Aluminum Ladder 1- Battery Jumper Cables 1- Octagon Table 1- 100' Garden HoseIReel 1- Typewriter 2- Instamatic Canleras 1- Goodall Battery Charger 1- Cannon Copier Serial Number NEE09942 1- Auto Peed Serial Number JXB86214 1 - Sorter Serial Number JXF64983 1- Zenith - 35" Television Set Serial Number 381-36451459 1- Zenith ill-PI VCR #VRM4220 IfF Serial Number 48044790 " 1- Stand, Cords, Cables Miscellaneous Hand Tools 2- Recliners (Bigboy) Chairs 2- Twin be9s with box springs 2- Bed Frames 5- Window Blinds 6- Ess. OF FIF Books '\ Exhibit "e" to JOINT USE, OWNERSHIP AND OPERATION AGREEMENT FOR FIRE PROTECTION Page 7 0[8 (" ( 1- Desk Charger 1;.. 5 hp Air Compressor 1 - Moore Infant CPR 1 - Office bookcase 1 - Office divider panel 2 - Office back chairs 1 - Computer K6-233MHS #657CI1WIJK #721016L00211328A FIRE EXTRICATION EQUlPMENT: 1- RAM Extrication Set 1- Hurst Manifold Unit 1- Hurst 30" RAM I-HurstPaladin Tool 1- Hurst Roadrunner Tool . 1- 160' Hydraulic Hose 1- Hydraulic Pump Unit 1- Windshield Saw . 4- Seathelt Cutters 1- Set of Chisels 2- Comea1ong Sets 1- H80 Boss Tool 2- Pry Axes 1- 60' -RAM and Hose - --.- ---- FIREFIGHTERS EQUlPMENT ---:- ~ ---- -- _..._~_.._-- ~ _.~ 35- Janesville Turn-outs _ 60- Pair North Star, LN Curtis Gloves 90- Glove Corp., Lion, PBI Hoods 38- Cairns & Brothers Helmets 40- Pair Ranger Fire Boots 35- Fire Suspenders 30- SCBA Mask Bags 37- SCBAMasks 12- Globe Turn-outs 21- Pair Black Diamond Fire Boots 15- Orange Grass Fire Shirts 15- Wildland Helmets 23- Wildland Goggles 8- Wildland Fire Shelters 8- Wildland Fire Belts 16- Lions Firefighter Helmets 13- Globe GX7 Pants 5- Globe GX7 Coats Wildland Pants & Coats 15 - Lion Turn-Out Coats _ 8 - Lion Turn-Out Pants . 30 - Wildland Boots '\ Exhibit "C" to JOINT USE, OWNERSHIP AND OPERATION AGREEMENT FOR FIRE PROTECTION Page 8 o'f 8 (" ( - EXHffiIT "D" HOUSE AND FIRE STATION LEGAL DESCRIPTION An undivided one-half interest in the property described as follows: Lots One (1) , Two (2) and Three (3) in Block 2 of the original Townsite of Meridian, Ada County, Idaho. Together with all improvements thereon. Also lmown by the address: 706/7161 North Meridian, Idaho. AND -- - Lot 4 in Block 2 of the amended plat of Townsite of Meridian, according to the plat thereof filed in Book I atPage 30, records of Ada County, Idaho. - Also mown - --..-.-- .,- . . -,by-the.address:--16'East Broadwa:y'Ave.2, Meridian, Idaho. : .:'~'-_.~-_. EAST PARKING LOT LEGAL DESCRIPTION Lot 5 in Block 2 of the Meridian Townsite, according to the amended Plat thereof filed in Book 1 of Plats at Page 30, records of Ada County, Idaho. Also lmown by the address: 30 East Broadway Ave. 3, Meridian, Idaho. ~\ 1 40' x 115' Fire Station Pumic~ Block with concrete floor and Hose Tower 2 32' x 32' House and the 20' x 30' Unattached'Garage 3 33' x 115' Paved Parking Lot Eilibit "D" to JOINT USE, OWNERSHIP AND OPERATION AGREEMENT FOR FIRE PROTECTION EXlDBIT ~'E" RURAL FIREFIGHTING EQUIPMENT Midland Radio #344084 . Federal Siren #99264 Midland Radio #367413 Federal Siren #77583 Midland Radio #314563 Federal Siren #84318 Midland Radio #339329 Federal Signal Corp #MS3000 ~\ Exhibit ','E" to JOINT USE, OWNERSIllP AND OPERATION AGREEMENT FOR FIRE PROJECTION ( EXIllBIT "F" RURAL FIREFIGHTING VEIDCLES . 1974 Kenworth #1437208 3000 Gallon 1985 Ford F-700 #lFPPK71WGFV A31042 1980 GMC 1 Ton 4-4 #TKM33A5500284 1989 Oldsmobile Sedan 4 dr. #lG3CX54COK1334780 '\ Exhibit '~F" to JOINT USE, OWNERSHIP AND OPERATION AGREE1vfENT FOR FIRE PROTECTION co 0) 0) ~ ffi CQ rn ~ fu CI) I "- 0) 0) ~ Iii III E (.) o J.... LIJ (!) g. al. I-- ~ ~ a:: ~ LU Q LIJ a:: iI: ( ( EXHIBIT "G" 1997/98 FIRE DEPARTMENT BUDGET 0)1.0 LO<'!OO enNeO, "f LO LO 0_ 0 co C\I - OJ I ~('t')'lll\tN (;RoN ,> It) 000 ~ o ~ ("') ~ 0 LO 0 0 0 0 0 0 0 0 0 0 0 o. 0 .; 0 '0 0.' 0 o~ en oro~omoNoOOOOOOIOOOOOOO~I~IOO'OIOoOo~ ~U')O_O'VCOooL()OO_LOOO(j)OOL()LOOOOOC\lOOOOOOlOO ... CO - ...q- t""- LO 0) - 1.0 N - LO - - ... - I .. - -' - - .. .. - · 1.0 -. - I 0 1.0 ~ ("') r-: N ' cD 'V - N ~ ~ N N <0 CO ~ ~ C\I ('t') CO 10 ~ ~ ~ .Ct) ~ M ~ N ~ ~ ~ ,.<-'-~' C ::-' 10 (X) 0 '. . -' .', 0 0 .' ~ ~~oo 01'-<01.0,0)01.0 00000000000000 0000 'OOOO~<O 0)_ ~..o 0 f,.0 ~_ CO C\I (j') 0 <0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 " 000 0 I 0 0 0 0 t-- 1.0 0 0 0_0 N 0>.. 0.. 0_ CO.. co ~ 0 0 0...0 0 0 co.. 0 0_0 0.0,0 ~.....9..Lt) 0 ~ "000 0 -0... 0 -- (01.0 -CO-"21..~..._~~co('t) -- :_-1.0-' -~ ... - -(W') -C\l _. - ~- --NO .,.1 - -0 - -' ~,,--..O.oo~ C") - 0> CO <0 ('I') LO ~ 1.0 0) f'- :,~ (f) 0), ~_ 1.0 ~ ~ ~ ~..~ V <0 ~' ~ ___~~~r~ O.~~" ~__,-_'.~ 10 CO M ~ ~_~ .._~.. .~-~~ - -__~.~-_.- --- i~~~~- :~~__~~~ . . 0:: W....-... Z ~ ' ' :'. ;_v;,: W .en::::l=> -! 0::: W 0 c.. ::! (!) ...... \u ~ . ~ z - . ~'z~ffiw ."_n:-g~~~ ~~ ..'f:i 'en~z .'. (l)W'~~' -go,'f3'", w 0 J- J- U' J- ~ W 0 I- <( 0 :: (!)'::E => z~._:_',:.<( c..> J- wen. "0:: J-' en en Cl '. 9 J- !:; a.'~;~ ..ffi t: ~ E ~ z z z. "~'Z f3 => 8 ~-- --'. ~- c> z<( g ~- ~ w' :" J- ~ 6 ffi w 5 ~ . ,::;::, , :> <( L.L.. - :> en ~ ~ ~ wow w::> ~ -.....- w :2 '-' w z c:: - ~ en en W (,) i- -' u. ~ .. ' > ~ ~ ~. '6 ~ w c.. ~ Cl d rn ~::E ..' ,,~ LL. ~ en ~ t:; $:' <( ffi t:; ~ I- Z -! a: 0 z ~ 8: (!) ~ ::E ~ ffi en ~ 0::: ~ :J ~ :: ~ ~. ~ ~ b <( ~ m ~ (U c.. ~ ~ ~ ~ ~. ~ - - 6 ~ ~ ~ ~ ~ ~ ~ ~ 0 8 ~ t- Z W u. en <( LU U W 0 => ..J ~ (.) ::l 0 Z W f- Z .. 0 ::> <( (!) 0:: - >< en ,I- m W <c ..;.J ...J ...J I- 0 J: ~ I- c::: ~ <( 0::: '0 tX: (f) c.. ~ er!S u. 0:: U W 0 CIJ . 0 II::: Z <( I- W >-. 0::: UJ <( - <( a. I- <.9 0 :r: w 0:: U W rp --- 0 Z:E en . ,Z 0 Z W C/) .:C ~...::::: c~a.. <C ~::ra::: en 0..>- 0::> I- 0 .-:' LL. <( (!) w 0 LL. J- ~ ~ w I- W W ~ .....::E ~ ~ ::E 0::: => C!i a: 0 ::::! W (!) -! c.. ~ ~ W -! Cl ~ ~ ~ ~ ~ ~ ~ g ~ fi ~ ~ 5 &::s '. ~ <( ~ ~ ~ ,':~.~,'~' ~ ~w ~ ~ ~- '~__'. ~ .....CL<( ~~ ~.,~_..o'_"';'~"~"_"_ L1., u.. a::: -1 => ,-:0::: U _ ~ <( w z > ,..; '-' '1', <( ". ",' LL. 0 0 W ~ U u5 w . 0::: <( ~ . u.....-....o-" a:u.. :c " u_..,~ ~ 'LL..,.,. . > > ::> - () a:: -; IJ.. a::." - '".. -. W '- , ~..Juc:t: '-u. - I- ' -.m > -- . ~, . - . - -. -+ . Exhibit JIG" to JOINT USE, OWNERSHIP AND OPERATION AGREEMENT FOR FIRE