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AGREEMENT This Agreement is entered into the 7th day of October , 1991, between the City of Moscow, a Municipal Corporation of Idaho, the 'CITY', and the Volunteer Fire Department of Moscow, Idaho, Inc., a non-profit corporation, the 'DEPARTMENT'; WITNESSETH: WHEREAS, the CITY desires to utilize the services of the DEPARTMENT in providing trained personnel to suppress fires, to aid in emergency relief efforts, to advance the training and skills of the DEPARTMENT personnel, and to perform such other community wide services as are normally the responsibility of a Fire Department. NOW THEREFORE, IN CONSIDERATION OF THE MUTUAL PROMISES CONTAINED HEREIN THE PARTIES AGREE AS FOLLOWS: 1.00: The CITY hereby agrees to: 1.01: Enact such legislation as necessary for the DEPARTMENT to responsibilities under this agreement; is lawful carry out and its 1. 02: Negotiate and make every effort to maintain current mutual aid agreements with other political jurisdictions where such mutual aid has a clear benefit to the efficient operation of the Department; 1.03: Provide such financial support as is necessary to meet the terms of this .Agreement, excluding any payment for the labor of DEPARTMENT personnel necessary to perform these services except that labor which is specifically described by position herein; 1.04: Adopt, maintain and enforce the current editions of the Uniform Fire Code and the Life Safety Code; 1.05: Designate one member of the city Council to serve as liaison to the Board of Directors of the DEPARTMENT (said member to be designated by the Mayor, with the consent of the City Council) . 1.06: Pay the cost of providing the following qualified personnel: ---PAGE BREAK--- a. one full-time city employee to serve as Fire Chief; b. one full-time city employee to perform fire related inspections and to implement fire prevention programs; one full-time city employee to coordinate and implement department training services; d. three Assistant Chiefs who shall be paid a fee for acting in the absence of the Fire Chief; e. such essential programs. other part-time help as is deemed for the efficient delivery of city 1.07: Provide job descriptions for all full-time city employees assigned to the DEPARTMENT (an element within the Fire Chief's job description will be the duty of directing and coordinating the activities of the Department at the direction of the Board) ; 1.08: Encourage city employees to become members of the DEPARTMENT and support such employees by providing time off with pay to attend training sessions and to respond to fires so long as such absences do not result in a safety risk or serious disruption of work in the employee's department; 1.09: Provide adequate fire fighting equipment in cluding pumper trucks 1 aerial or ladder trucks 1 and other vehicles necessary to suppress fires within the City of Moscow; 1.10: Equip all firefighting trucks with such safety supplies 1 apparatus 1 tools 1 pumps 1 fans 1 hoses, and appurtenances as are generally accepted as reasonable and necessary in the profession; 1.11: Provide adequate maintenance and repair service such that the firefighting equipment is available in an operable condition; 1.12: Give the repair and maintenance of department vehicles a priority at the City Shop and cooperate with the DEPARTMENT to provide 24 hour access to the city's fuel pumps for Department equipment; ---PAGE BREAK--- 1.13: Pay the cost of such commodities (such as office supplies, vehicle fuel, etc.) as are normal and necessary to the operation of the DEPARTMENT; 1.14: Pay the costs of materials for fire prevention programs; 1.15: Pay for the cost of an annual routine physical examination of all department volunteers; *1.16: Pay the cost of workmen's compensation insurance on all DEPARTMENT volunteers while they are on duty or in training. 1.17: Annually budget a travel and training expense to be used solely by the volunteers for travel and train ing necessary to attain and maintain skills necessary to the DEPARTMENT; 1. 18: Pay the cost of the business telephones and supporting lines at each fire station; 1.19: Pay the cost of utilities at each fire station; 1.20: Pay rent for the first floor of station 1.21: Pay one-half maintenance costs of Station 1.22: Provide such new equipment andjor facilities as the Council may select from the annual presentation of the five year capital improvement plan; 1.23: Aid the DEPARTMENT in negotiations with other entities when such assistance is requested by the Board of Directors; 1.24: Negotiate with the DEPARTMENT regarding assist ance the DEPARTMENT may desire from the City for other public services the DEPARTMENT provides such as ambulance service and the use of fire equipment for rural fires. *1.25: Reimburse the DEPARTMENT for one-half of the cost of a comprehensive general liability policy for the Moscow Fire Department Corporation (excluding coverages for ambulances and professional EMT services) . *1.26: The CITY will provide 911 dispatching and emergency communications services to the DEPARTMENT. 2.00: The DEPARTMENT hereby agrees to: ---PAGE BREAK--- 2.01: Conduct its operations in such manner that a timely response will be made to each and every call for help related to a fire or emergency within the city with available personnel and equipment necessary to suppress such fire or aid in such emergency with a minimum risk to individuals andjor property; 2.02: Maintain its Articles of Incorporation and such Bylaws as are required by the Laws of the State of Idaho; 2.03: Conduct all activities in applicable Federal, State and City regulations; compliance with laws, rules and 2. 04: Recruit and train volunteer fire fighters as necessary to carry out the terms of this agreement; 2. 05: Recommend a replacement for the Fire Chief in the event there is a vacancy in that position; 2.06: Define within the department's bylaws the positions necessary for the operation of the DEPARTMENT; 2.07: Develop and maintain job descriptions compatible with the city job descriptions for department positions; 2.08: Fill vacancies within the DEPARTMENT in a timely manner. This process requires that prior to the selection of a city employee as an officer in the Department, the Board shall seek approval from the City Council. Said approval shall not be unreasonably or arbitrarily withheld. The Council may review such service on an annual basis and take appropriate action should the employee's service as an officer create serious problems in performing city duties. If the CITY refuses permission to an employee under this section, the reasons for denial shall be articulated. The employee, any interested city official, or the fire chief, may demand that the reasons be in writing; 2.09: Recognize that during all non-emergency activi ties, city employees will work within the City's defined chain of command; 2.10: Provide heated, well maintained, covered storage for all fire fighting trucks in such a manner that they are immediately accessible and available for use; ---PAGE BREAK--- 2.11: Maintain all equipment in an operable state of readiness in accordance with all applicable certifica tion programs; 2.12: Through the Fire Chief, recommend an annual budget to the city Council which will include a five year capital improvement plan updated annually; 2.13: Make an annual report to the Council on the activities of the DEPARTMENT; 2.14: Use city funds only in a lawful manner and in accordance with the intent expressed in the City budget; 2.15: Notify the CITY of other major programs the Department undertakes; *2.16: Provide three assistant chiefs, one of whom shall serve as acting chief when the chief is unavailable; 2.17: Cause all equipment and buildings owned by the DEPARTMENT to revert to the CITY should the DEPARTMENT cease to operate subject to the conditions set forth in Article XVI of the Articles of Incorporation. 2.18: The DEPARTMENT will provide an ambulance and two EMTs for fire calls in exchange for the CITY providing workmen's compensation for EMTS. 3.00: TERM: This Agreement shall be effective for a period of ten (10) years unless terminated earlier. 00: EXCLUSIONS: This Agreement excludes ambulance, EMT and professional EMT services. The CITY accepts no responsibility or liability related to the delivery of these services. 00: LIABILITY: The parties agree that each party shall remain responsible for all of its officers and employees. Nothing in the agreement may be interpreted to assign any liability to the other party. Neither party accepts liability for the acts of the other party or its agents or employees. 6.00: TERMINATION: This Agreement may be terminated by either party by providing one year's written notice of termination to the other party. 7.00: AMENDMENT: This Agreement may be amended by the parties in writing. ---PAGE BREAK--- IN WITNESS WHEREOF, the CITY, through its Mayor and city Clerk, and the DEPARTMENT, through its Fire Chief and the Secretary of the Board of Directors, have executed this Agreement to be effective the day and year first set forth above. CITY OF MOSCOW: ATTEST: City Clerk VOLUNTEER FIRE DEPARTMENT OF MOSCOW, INC. rs