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FIRE PROTECTION SERVICES AGREEMENT CITY OF MOSCOW, IDAHO And VOLUNTEER FIRE DEPARTMENT OF MOSCOW, IDAHO, INC This , Protection Servic s Agreement (hereinafter "Agreement") is entered into the · day of · , 2000, and is between City of Moscow, Idaho, a Municipal Corporation of I o (hereinafter "CITY"), and Volunteer Fire Department of Moscow, Idaho, Inc., a no profit corporation, (hereinafter "VOLUNTEERS"); WITNESSETH: WHEREAS, CITY desires to utilize the fire protection services of VOLUNTEERS in providing trained personnel to suppress fires, to aid in emergency relief efforts, to advance the training and skills of VOLUNTEERS personnel, and to perform such other community wide services as are normally the responsibility of a municipal fire department WHEREAS, CITY wishes to support VOLUNTEERS efforts to provide fire protection service within the corporate city limits of the City of Moscow, Idaho; and WHEREAS, VOLUNTEERS seek financial and administrative support from CITY in order to provide fire protection services within the corporate city limits of Moscow in a more efficient and more inexpensive manner than would be possible without such CITY'S support; and WHEREAS, both CITY and VOLUNTEERS believe it to be in their mutual best interest to cooperate regarding the provision of fire protection services within the corporate city limits of Moscow, Idaho. NOW THEREFORE, in consideration of the mutual promises contained herein, CITY and VOLUNTEERS agree as follows: I. A. CITY agrees to: 1. Enact appropriate and lawful legislation for VOLUNTEERS to carry out its responsibilities under this Agreement; 2. Negotiate and make good faith efforts to maintain current mutual aid agreements with other political jurisdictions where such mutual aid has a clear benefit to the efficient operation of VOLUNTEERS; 3. Provide sufficient financial support to meet the terms of this Agreement, excluding payment for the labor of VOLUNTEERS personnel necessary to perform these services. Volunteer Fire Protection Services Agreement Pagelof6 3 ---PAGE BREAK--- 4. Adopt, maintain and enforce the current editions of the Uniform Fire Code and the Life Safety Code, and any related and future codes which may be adopted; 5. Designate one member of the Moscow City Council to serve as liaison to the Board of Directors of VOLUNTEERS. Said Moscow City Council member shall be designated by the Mayor of Moscow, with the consent of the City Council and with knowledge of VOLUNTEERS Board of Directors. 6. Employ, as per City policy and budget constraints, qualified personnel to assist VOLUNTEERS consisting of, at this time: a. one full-time CITY employee to serve as Fire Chief; b. one full-time CITY employee Assistant Chief EMS Operations Officer; c. one full-time CITY employee to perform fire-related inspections and to implement fire prevention programs; d. one full-time CITY employee to coordinate and implement training services; e. one full-time City Administrative Assistant to perform secretarial duties, as necessary. f. four non-CITY employee Battalion Chiefs who shall be paid a fee for acting in the absence of the Fire Chief for weekend coverage; g. three non-CITY employee Suppression Captains for weeknight coverage; h. such other non-CITY employee part-time help as is deemed essential for the efficient delivery of CITY programs. 7. Provide job descriptions for all full-time CITY employees assigned to assist VOLUNTEERS. An essential element within the Fire Chiefs job description will be the duty of directing and coordinating the activities of VOLUNTEERS at the direction of the VOLUNTEER'S Board of Directors and within the discretion of CITY; 8. Support CITY employees who are VOLUNTEERS 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 a CITY employee's department; 9. Provide adequate fire fighting equipment, including pumper trucks, aerial or ladder trucks, and other vehicles to suppress fires within the corporate limits of City of Moscow; 10. Equip all fire fighting trucks with such safety supplies, apparatus, tools, pumps, fans, hoses, and appurtenances as are generally accepted as reasonable in the fire protection profession; 11. Provide adequate maintenance and repair service at the City of Moscow Repair and Maintenance Shop such that fire fighting equipment, utilized by VOLUNTEERS is available in a safe and operable condition and give the repair and maintenance of such fire fighting equipment priority when possible; Volunteer Fire Protection Services Agreement Page 2 of 6 ---PAGE BREAK--- 12. Cooperate with VOLUNTEERS to provide twenty-four (24) hour access to the CITY'S fuel pumps for fire fighting equipment; 13. Pay the cost of commodities such as office supplies, vehicle fuel, and the like as are normal and supportive of the operation of VOLUNTEERS; 14. Pay the costs of materials for VOLUNTEER fire prevention programs; 15. Pay for the cost of an annual routine physical examination of all members of VOLUNTEERS; 16. Pay the cost of insurance as follows: a. worker's compensation insurance for all members of VOLUNTEERS while such are within the course and scope of their duties as members of VOLUNTEERS on duty or in training; b. liability insurance for members of VOLUNTEERS, subject to reasonable deductibles and limits, while acting within the course and scope of their duties as members of VOLUNTEERS. 17. Annually budget a travel and training expense to be used solely by VOLUNTEERS for travel and training to attain and maintain skills needed by VOLUNTEERS; 18. Pay the cost of the telephones and supporting lines at each fire station; 19. Pay the utilities costs at each fire station; 20. Pay rent for the first floor of Station Number 1; 21. Pay one-half (1/2) maintenance costs of Station Number 2; 22. Pay for maintenance and materials to operate fire burn building at Station Number 2; 23. Provide such new equipment and/or facilities as Moscow City Council may approve from the annual presentation of VOLUNTEER'S five year capital improvement plan; 24. Aid VOLUNTEERS in negotiations with other entities when such assistance is requested by VOLUNTEERS Board of Directors; 25. Provide coordination for fund raising for fireworks shows; 26. Negotiate with VOLUNTEERS regarding assistance VOLUNTEERS may desire from CITY for other public services VOLUNTEERS provides, such as ambulance service and the use of fire equipment for rural fires. 27. To allow VOLUNTEERS, through its Board of Directors, to participate in the selection of Fire Chief, should that position be vacated. Vohmtcer Fire Protection Services Agreement Page 3 of6 ---PAGE BREAK--- II. A. VOLUNTEERS agree to: 1. Conduct VOLUNTEERS' 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 corporate limits of City of Moscow with available personnel and equipment necessary to suppress such fire or aid in such emergency with a minimum risk to individuals and/or property; 2. Maintain VOLUNTEERS' Articles of Incorporation, Bylaws, minutes, and finances as is required by law, regulation, and rules, including the laws of the State of Idaho; 3. Conduct all activities in compliance with applicable Federal, State and City laws, rules, ordinances, and regulations; 4. Recruit and train VOLUNTEER fire fighters as necessary to carry out the terms of this Agreement; 5. By vote only of VOLUNTEERS Board of Directors, ratify City's choice of replacement for Fire Chief (in the event there is a vacancy in that position); 6. Define, within VOLUNTEERS' Bylaws, the positions necessary for the operation of VOLUNTEERS; 7. Develop and maintain job descriptions for VOLUNTEERS which are compatible with CITY of Moscow job descriptions for VOLUNTEERS positions; 8. Fill vacancies within VOLUNTEERS in a timely manner; 9. Recognize that during all non-emergency activities, CITY employees will work within CITY'S defined chain of command; 1 0. Provide heated, well maintained, covered storage for all fire fighting trucks in such a manner which assures that such are immediately accessible and available for use; 11. Maintain all equipment in a state of readiness in accordance with all applicable certification programs; 12. Through the Fire Chief, recommend an annual budget to Moscow City Council which will include a five year capital improvement plan, updated annually; 13. Make an annual report to Moscow City Council on the activities of VOLUNTEERS; 14. Use CITY funds only in a lawful manner and in accordance with the intent expressed in CITY budget; Vohmtecr Fire Protection Services Agreement Page4of6 ---PAGE BREAK--- 15. Notify CITY of all major programs VOLUNTEERS undertake; 16. Conduct such fund raising as VOLUNTEERS deems appropriate for programs and projects it wishes to undertake; 17. Provide four non CITY employee Battalion Chiefs, one of whom shall serve as acting Fire Chief when the Fire Chief and/or assistant Fire Chief is unavailable; 18. Provide three non CITY employee Suppression Captains for command coverage on week nights; 19. Provide trained non CITY employee pyrotechnicians to conduct scheduled fireworks shows; 20. Cause all assets, equipment and buildings owned by VOLUNTEERS to revert to CITY should VOLUNTEERS cease to operate subject to the conditions set forth in Article XVI of VOLUNTEERS' Articles of Incorporation. Ill. A. Both Parties Agree: 1. By entering into this Agreement, CITY does not intend that this Agreement has power to obligate it in any manners of policy, administration or finance other than that specifically authorized and budgeted for by Moscow City CounciL 2. This Agreement does not create a new independent legal or administrative entity. Property (which shall not include CITY funding) provided to accomplish the purposes of this Agreement shall remain the property of each party supplying such property, unless otherwise specifically agreed upon otherwise. 3. This Agreement is not intended to extend to fire protection services rendered by VOLUNTEERS outside corporate City limits of City of Moscow, Idaho unless specifically authorized by Fire Chief. IV. A. Effective Date. This Agreement shall be effective when the last signatory approves or ratifies and executes this Agreement B. Duration. This Agreement shall be for an initial term of ten (10) years and thereafter automatically renew from year to year commencing the 1st day of October. C. Termination. Either party may terminate this Agreement at any time by providing one year's prior written notice to the other party. Volunteer Fire Protection Services Agreement Page 5 of6 ---PAGE BREAK--- v. Liability. Each party to this Agreement shall indemnify and hold harmless the other from any and all claims, lawsuits and/or demands for liability for any injury, damage or claim suffered by any person or property caused by the party or its employees while performing under this Agreement VI. Amendment. To be effective, any amendment to this Agreement must be done in writing and accepted by both parties. IN WITNESS HEREOF, the undersigned parties to this Agreement have caused it to be executed to be effective as set forth at IV.A herein. The signatory represents that he or she is authorized to sign this Agreement. DATED this day of, 2000 CITY OF MOSCOW, a municipal corporation of the State of Idaho f / . _ Rlednenfire dept\Fire Protection Services\sk VOLUNTEER FIRE DEPARTMENT of MOSCOW, INC. ATTEST: Voluntt..'"Cr Fire Protection Services Agreement Page 6 of 6