CITY OF BOISE. ACTION REQUIRED: Council Approval including Appropriation Reduction

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1 CITY OF BOISE TO: FROM: Mayor and Council Kim Brown, Administrative Services Manager RESOLUTION NUMBER: R DATE: September 15, 2011 SUBJECT: FY2012 Update Joint Powers Agreement (JPA) for Fire Protection and Emergency Services between the City of Boise City and North Ada County Fire & Rescue District (NACFR) ACTION REQUIRED: Council Approval including Appropriation Reduction RECOMMENDATION: Approval FISCAL IMPACT/BUDGET IMPLICATIONS: $2,179,336 Contract Price $59,925 Estimated Designated Expenses $2,239,261 Total Price + Estimated Designated Expenses The amounts outlined above are allocated to the Expenditure Accounts as outlined in Appendix G of the Agreement. In general, Personnel and Maintenance and Operation (M&O) costs are included in the budget. NACFR continues to own the stations and Equipment and Apparatus. The new contract price represents a 3% decrease below the FY2011 price. This is due to: 1) A full year is represented for a reduction of staffing at Station 16 from a 4 person company to a 3 person company (PCN s were already removed and change occurred effective May 1, 2011); and, 2) Four firefighter rank heavy differential costs have decreased (NACFR is currently funding the difference between a FFIII position and a Captain and Senior Firefighter position so that no demotions occur); and, 3) Designated expenses have declined due to less repairs and maintenance being experienced now that NACFR has been part of Boise s maintenance schedules. Some items are identified as NACFR Designated Expenses whereby NACFR will reimburse the City on an as-consumed basis. These items are outlined in Article These are items where price fluctuations may vary and it is desired to capture the true cost vs. using a budget methodology.

2 Last, there are costs outside of the budget that NACFR will pay directly for such as Equipment and Apparatus and major station repairs. The methodology used to derive the budget is based on historical Boise Fire Department costs as well as NACFR s historical costs since joining Boise Fire, accounting for items such as seasonality, and accounting for the anticipated price changes in FY2012. The FY2012 Budget was loaded based on a 4 person engine company before the May 1, 2011 service level change occurred and higher rank heavy differential costs. This budget now represents that change and is a net reduction of $344,541 in budget appropriation. BACKGROUND: The Boise Fire Department and NACFR believe the continued performance of respective obligations under this JPA to provide combined fire department services to the residents of NACFR and the City eliminates duplication of some services and resources, improves or maintains the quality of fire, emergency medical and other services within the respective service areas of the parties, and stabilizes the cost for providing these services in NACFR and the City. The FY2012 pays for one staffed station with a three person engine company with eleven employees (nine home base, two backfill), day crew contract employees and non-contract employees as outlined in Appendix C. The other two stations will not be staffed at this time; however, maintenance of the vehicles, equipment and select station items as outlined in Appendix G will continue under this Agreement. ATTACHMENTS: Agreement and Resolution

3 RESOLUTION NO. BY THE COUNCIL: CLEGG, EBERLE, JORDAN, MCLEAN, SHEALY AND THOMSON A RESOLUTION APPROVING THE JOINT POWERS AGREEEMENT FY-2012 UPDATE BETWEEN THE CITY OF BOISE CITY FIRE DEPARTMENT AND NORTH ADA COUNTY FIRE AND RESCUE (NACFR) DISTRICT TO COMBINE FIRE PROTECTION AND EMERGENCY SERVICES UNDER THE ADMINISTRATION OF THE BOISE FIRE DEPARTMENT AND ALLOCATING FINANCIAL AND OTHER RESOURCES; AUTHORIZING THE FIRE DEPARTMENT TO COMPLETE AN INTERIM BUDGET CHANGE REDUCING $344,541 IN EXPENDITURE AND REVENUE APPROPRIATIONS WITHIN THE FY 2012 BUDGET; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AND ATTEST SAID AGREEMENT ON BEHALF OF THE CITY OF BOISE CITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Boise City operates the Boise Fire Department and provides comprehensive fire and emergency medical services, and other services related to public safety within the City limits; and WHEREAS, NACFR is a fire protection district duly and regularly organized pursuant to the provisions of Idaho Code, Title 31, Chapter 14, for the purposes of providing comprehensive fire and emergency medical services, and other services related to public safety within the boundaries of NACFR; and WHEREAS, the City and NACFR previously had a long-standing working relationship and operated under the Cooperative Fire Protection Agreement Between the City of Boise and North Ada County Fire and Rescue District (NACFR Automatic Aid Agreement) and in December 2009, the City and NACFR entered into a joint powers agreement to combine fire protection and emergency services within the NACFR district; and, WHEREAS, the parties believe the continued performance of respective obligations under this joint powers agreement to provide combined fire department services to the residents of NACFR district and the City eliminates duplication of some services and resources, improves or maintain the quality of fire, emergency medical and other services within the respective service areas of the parties, and stabilizes the cost for providing these services in NACFR and the City. R

4 NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF BOISE CITY, IDAHO: Section 1. That the Joint Powers Agreement between the City of Boise City and the North Ada County Fire and Rescue District, attached hereto and incorporated herein by reference, be, and the same is hereby, approved as to both form and content. Section 2. That the Mayor and City Clerk are hereby authorized to respectively execute and attest said Joint Powers Agreement for and on behalf of the City of Boise City. Section 3. The Fire Department is authorized to complete an interim budget change reducing $344,541 in expenditure and revenue appropriations within the FY 2012 Budget. Section 4. That this Resolution shall be in full force and effective on October 1, 2011, upon its adoption and approval ADOPTED by the Council of the City of Boise City, Idaho this day of September, APPROVED by the Mayor of the City of Boise City, this day of September, APPROVED: ATTEST: David H. Bieter MAYOR Debbie Broughton EX-OFFICIO CITY CLERK

5 JOINT POWERS AGREEMENT FOR FIRE PROTECTION AND EMERGENCY SERVICES BY AND BETWEEN THE CITY OF BOISE CITY AND NORTH ADA COUNTY FIRE & RESCUE DISTRICT FY-2012 UPDATE Table of Contents Page Article 1 Definitions 4 Article 2 Purpose and Intent, Administration, Term, Termination Purpose and Intent Administration Term Termination 6 Article 3 Fire Services Level of Service Resource Management Equipment Location 7 Article 4 NACFR Employees Employment of NACFR Employees Administration Personnel Sick Leave Balance Vacation Leave Balance Worker s Compensation Pre-employment Requirements Health Insurance 8 Article 5 Fire Stations/Real Property Ownership and Occupation NACFR Offices NACFR Fire Stations No.16, No. 18, No Future Facilities Waste and Nuisance Not Permitted Maintenance Utilities Improvements 10 Article 6 NACFR Owned Equipment and Apparatus Schedule of Equipment and Apparatus Schedule Ownership and Use of Equipment and Apparatus Maintenance 11 FY UPDATE - JOINT POWERS AGREEMENT FOR FIRE PROTECTION NORTH ADA COUNTY FIRE & RESCUE DISTRICT Page 1 of 111

6 6.4 Purchases of Equipment and Apparatus 11 Article 7 Insurance and Liability Coverage Insurance on Equipment and Apparatus Insurance on Real Property Liability to Third Parties Arising Out of Performance Hold Harmless 12 Article 8 Record Storage and Ownership Record Storage and Ownership 13 Article 9 Fire Code Enforcement 13 Article 10 Cooperative Agreements Cooperative Agreements NACFR Automatic Aid Agreement Dispatch Agreement 14 Article 11 Financial Provisions Budget and Funding Contract Amount Equipment and Apparatus Budget Budget Submission Grants NACFR Designated Expenditures NACFR Station Nos. 18 and 20 Exclusion 16 Article 12 Annexations Annexations 16 Article 13 Miscellaneous Assignment and Subcontracting Severability Entire Agreement Contract Renewal No Third Party Beneficiaries Dispute Resolution Notice 17 Appendices Appendix A Schedule of Equipment and Apparatus Appendix B Cooperative Agreements Appendix C Memorandum of Understanding Between NACFR and Local No. 149: Seniority Appendix D NACFR Strategic Plan Appendix E NACFR Boundaries Appendix F NACFR Employees Appendix G Budget & Expenses Appendix H Equipment List Appendix I Legal Descriptions (Fire Stations No. 16, No. 18, No. 20) Appendix J Apparatus Replacement Plan FY UPDATE - JOINT POWERS AGREEMENT FOR FIRE PROTECTION NORTH ADA COUNTY FIRE & RESCUE DISTRICT Page 2 of 111

7 JOINT POWERS AGREEMENT FOR FIRE PROTECTION AND EMERGENCY SERVICES BY AND BETWEEN THE CITY OF BOISE CITY AND NORTH ADA COUNTY FIRE & RESCUE DISTRICT FY 2012 UPDATE THIS AGREEMENT was made and entered into on 15 th day of December, 2009, by and between the City of Boise City, an Idaho municipal corporation, ( City ) and North Ada County Fire & Rescue District, a duly and regularly organized fire district pursuant to Idaho law ( NACFR ) and this FY Update is entered into this 27th day of September, 2011, and effective as of October 1, Collectively, the City and the NACFR may be referred to as the Parties. WHEREAS, the City is a municipal corporation organized under the laws of the State of Idaho, and WHEREAS, the City operates the Boise Fire Department and provides comprehensive fire and emergency medical services, and other services related to public safety within the City limits, and WHEREAS, NACFR is a fire protection district duly and regularly organized pursuant to the provisions of Idaho Code, Title 31, Chapter 14, for the purposes of providing comprehensive fire and emergency medical services, and other services related to public safety within the boundaries of NACFR, and WHEREAS, pursuant to Idaho Code Sections , , and , the parties are authorized to enter into agreements for the joint exercise of their respective powers, and WHEREAS, the parties believe the continued performance of respective obligations under this joint powers agreement to provide combined fire department services to the residents of NACFR and the City eliminates duplication of some services and resources, improves or maintain the quality of fire, emergency medical and other services within the respective service areas of the parties, and stabilizes the cost for providing these services in NACFR and the City, and WHEREAS, the City and NACFR have a long-standing working FY UPDATE - JOINT POWERS AGREEMENT FOR FIRE PROTECTION NORTH ADA COUNTY FIRE & RESCUE DISTRICT Page 3 of 111

8 relationship and have operated under the Cooperative Fire Protection Agreement Between the City of Boise and North Ada County Fire and Rescue District (NACFR Automatic Aid Agreement) by which the City and NACFR make joint response to numerous calls for emergency service in the areas covered by such agreement; and, NOW, THEREFORE, in consideration of the mutual benefits each party will realize the City and NACFR agree as follows: Article 1. Definitions As used herein, the following terms, phrases and words shall have the following designated meanings: 1.1 Apparatus shall mean those motor vehicles owned by NACFR, which are more particularly described in Appendix A, attached hereto and incorporated herein by reference. 1.2 Board of Commissioners shall mean the duly elected and serving Board of Fire Commissioners for North Ada County Fire & Rescue District. 1.3 Claim shall mean any and all judgments, claims, causes of action or demands, lawsuits, suits, proceedings, losses, assessments, fines, penalties, obligations, costs, expenses, liabilities, and damages, including all related interest, penalties, reasonable attorney's fees, deficiencies, levies, duties and impositions, whether based upon contract, tort, negligence or otherwise. 1.4 Commencement Date shall mean the date the NACFR employees, outlined in Appendix F, attached hereto and incorporated herein by reference, begin their employment with the City. 1.5 District shall mean the North Ada County Fire & Rescue District (NACFR). 1.6 NACFR Boundaries shall mean the legally-defined geographical area constituting NACFR which may be subject to change based upon annexations of land outside the current boundaries, or annexations by other governmental entities of land currently within NACFR. The current geographical NACFR boundaries are shown on Appendix E, attached hereto and incorporated herein by reference. 1.7 Effective Date shall mean the date this Agreement shall become effective, December 31, 2009, or such other date as shall be agreed upon between the Parties. 1.8 Equipment shall mean equipment, tools, computers, furnishings, supplies and other items of tangible personal property which are owned by NACFR and housed FY UPDATE - JOINT POWERS AGREEMENT FOR FIRE PROTECTION NORTH ADA COUNTY FIRE & RESCUE DISTRICT Page 4 of 111

9 in its facilities and/or attached to, mounted upon or contained in its Apparatus, as more particularly described in Appendix A, attached hereto and incorporated herein by reference. Excluded from this definition are books, records and property used in the administrative functions of NACFR Commissioners. 1.9 Fiscal Year or Budget Year shall mean October 1 through September Fire Chief shall mean the Fire Chief of the Boise Fire Department Hire Date shall mean the date as shown in Appendix F, attached hereto and incorporated herein by reference or as outlined in Article NACFR Employees NACFR employees shall mean those persons who were, prior to this Joint Powers Agreement, employed by NACFR, and who, if the Joint Powers Agreement is terminated, will return to the employment of NACFR, and as further described in Section 4.1 of this Agreement NACFR Fire Chief or NACFR Chief shall mean the Fire Chief appointed by the NACFR Board of Commissioners PERSI shall mean the Public Employees Retirement System of Idaho Real Property shall mean that land and improvements that are the subject of this Agreement including fire stations/facilities, and improvements thereon owned in whole or in part by NACFR Seniority shall mean the date shown in Appendix C, attached hereto and incorporated herein by reference. This shall either be the date of hire by NACFR or the seniority date. FY UPDATE - JOINT POWERS AGREEMENT FOR FIRE PROTECTION NORTH ADA COUNTY FIRE & RESCUE DISTRICT Page 5 of 111

10 Article 2 Purpose and Intent, Administration, Term and Termination 2.1 Purpose and Intent The intent of this Joint Powers Agreement is to reduce redundancy and maximize efficiency and cost effectiveness in the delivery of Fire, Medical and Emergency Services to a joint Boise/NACFR service area. This Agreement is to permit the City to assume the primary responsibility for providing comprehensive fire and services to the persons and property within NACFR. This Agreement also regulates the right and responsibilities of the signatories under this Agreement. 2.2 Administration The Board of Commissioners pursuant to Idaho Code Title 31, Chapter 14, shall retain authority over the Fire District. The City s Fire Chief shall be vested with the authority and responsibility for administering and managing the services the City will provide pursuant to this Agreement. City s administrative responsibilities shall include, but are not limited to: The City s Fire Chief or his/her designee shall attend meetings at the request of the Board of Commissioners to provide information and reports relative to the governance of NACFR and participate in NACFR s Strategic Planning Process, as set forth in Appendix D, attached hereto and incorporated herein by reference. 2.3 Term Unless either Party terminates this Agreement in writing as herein provided, the initial term of this Agreement shall be for five (5) years, commencing December 31, 2009, and ending December 30, 2014, and renewable thereafter for five (5) additional terms of five (5) years each. 2.4 Termination Either party may terminate this Agreement by providing the other party with one-hundred eighty (180) days notice in writing. Article 3 Fire Services 3.1 Level of Service City previously agreed to provide services, to the persons and property covered by this Agreement, equal to or better than the levels of staffing/deployment presently being provided. However the current fiscal climate has necessitated the temporary closure of Fire Station 18 and adjustment in staffing/deployment by mutual agreement of the Parties commencing October 1, 2010 (closure) and May 1, 2011 (4 person to 3 person) necessitating an adjustment in potential service level and response time. Once staffing/deployment in NACFR for a particular budget year has been established pursuant to the budget process set forth in Article 11, the City agrees not to reduce or permanently increase the levels of staffing/deployment in the budget year in NACFR, without express approval of NACFR Board. Irrespective of the budget process, in no event during the term of this Agreement shall the City reduce the levels of staffing/deployment in NACFR below the level currently in place without express approval of the NACFR Board. Additionally, City shall not, without express approval of the NACFR Board, add FY-2012 UPDATE - JOINT POWERS AGREEMENT FOR FIRE PROTECTION NORTH ADA COUNTY FIRE & RESCUE DISTRICT Page 6 of 111

11 to or increase any services within the District (e.g., EMS). For purposes of this Article 3.1, the term permanently, shall mean for a period of greater than 90 days. Response time standards for NACFR will vary depending on incident location and may not be the same as the City's standard of a 4 minute travel time. Upon approval of the NACFR Board, the City will continue to respond with resources commensurate with FY-2010 levels when the fiscal climate permits the reopening of Fire Station Resource Management The City shall have discretion with respect to service delivery and allocation of resources to meet such short-term coverage requirements during extraordinary events including, but not limited to, emergencies, major incidents, training, special events, etc. 3.3 Equipment Location Throughout the term of this Agreement or any extension or renewal thereof, the Parties shall negotiate and mutually agree on any changes in Equipment and Apparatus location except as described in Article 3.2. Article 4 NACFR Employees 4.1 Employment of NACFR Employees NACFR employees on December 30, 2009, identified in Appendix F, attached hereto and incorporated herein by reference, shall become employees of the City commencing December 31, 2009, and shall remain City employees, subject to the City s conditions of employment unless retired, resigned, or terminated. Those persons hired as replacements will be City employees subject to the City s conditions of employment. The employees will be subject to the provisions of the Collective Labor Agreement between the City and Local No. 149 or for those non-contract employees they shall be subject to the provisions of the City s employment policies, terms and conditions. The Department Specialist shall be subject to the City s probationary period and the City s requirements of that period. The hire date and seniority date of the Department Specialist shall be December 31, If employment occurs beyond this date, NACFR agrees to pay for the additional costs incurred using the same contract pricing methodology as shown in Appendix G, attached hereto and incorporated herein by reference If the Parties terminate this Agreement on or before December 31, 2014, the employees who originally became City employees on the Effective Date of this Agreement shall be terminated by the City, except for those employees enumerated in Appendix C, in the NACFR FY112 Update column, who shall remain with the City. (Note: During the FY11 Update, two employees were inadvertently omitted from the list in Appendix C and have been added back into Appendix C in this FY12 Update. The two employees are Craig Martin and Martin Knoelk). FY-2012 UPDATE - JOINT POWERS AGREEMENT FOR FIRE PROTECTION NORTH ADA COUNTY FIRE & RESCUE DISTRICT Page 7 of 111

12 4.2 Administration Personnel NACFR shall be responsible for and pay for the cost of the employees/positions as shown in Appendices F and G as amended from time to time, attached hereto and incorporated herein by reference, and the Parties shall negotiate and mutually agree to any changes to this provision. The contract price for FY-2012 includes administrative overhead as well as automatic aid to the City. 4.3 Sick Leave Balance (section deleted as no longer relevant). 4.4 Vacation Leave Balance (section deleted as no longer relevant). 4.5 Worker s Compensation NACFR shall retain responsibility and liability for the payment of any and all worker s compensation coverage, claims, or benefits for any NACFR employee whose claim arose out of his or her employment with NACFR. 4.6 Pre-employment Requirements (section deleted as no longer relevant) Health Insurance NACFR employees shall not be subject to any pre-existing clause so long as continuous coverage is maintained as is outlined in this Article NACFR shall be responsible for insuring that NACFR contract employees receive continuous health care benefits up to the first eligibility date following the commencement date with the City NACFR shall be responsible for insuring that NACFR noncontract employees receive continuous health care benefits up to the commencement date with the City. If, following the commencement date, NACFR non-contract employees are subject to a waiting period for the City s health insurance plan, City shall pay the costs to maintain existing health insurance coverage up to the expiration of the waiting period. Article 5 Fire Stations/Real Property 5.1 Ownership and Occupation NACFR shall retain ownership over all NACFR-owned Real Property. In order to carry out the purposes of this Agreement, the City shall lease the Real Properties as set forth in Article 5.3 of this Agreement for the housing of personnel, fire apparatus, and equipment associated with the services the City performs pursuant to this Agreement. City may also utilize the Real Properties for miscellaneous incidental purposes related to fire prevention, training, and/or public education. The City shall not remove any NACFR-owned furnishings, appliances, or fixtures from the real property without the prior written approval of NACFR and shall deliver the same to FY-2012 UPDATE - JOINT POWERS AGREEMENT FOR FIRE PROTECTION NORTH ADA COUNTY FIRE & RESCUE DISTRICT Page 8 of 111

13 NACFR upon termination of this Agreement or any extension or renewal thereof in good condition, reasonable wear and tear thereof expected. Additionally, NACFR shall inventory and generally identify station items present at the time of the Effective Date of this Agreement. Going forward, NACFR will identify, inventory and mark those items greater than $5, NACFR Offices NACFR shall retain office, meeting, and storage space as the Board of Commissioners and its staff may require to conduct NACFR business at Stations No. 16, No. 18 and No NACFR Fire Stations No. 16 (5800 Glenwood Street), No. 18 (3895 Chinden Boulevard) and No. 20 (5871 Hidden Springs Drive, Ada County, Idaho). NACFR shall lease to the City and City shall lease from NACFR, the Real Properties consisting of NACFR Fire Station No. 16 and more particularly described in Appendix I, attached hereto and incorporated herein by reference, for the sum of One Dollar ($1.00) each per year for the purpose of providing public safety services pursuant to this Agreement. Notwithstanding Article 2.4, if the Parties terminate this Agreement, the City shall have at least one-hundred eighty (180) days from the date of notice of termination to vacate the Real Properties. 5.4 Future Facilities The City and NACFR shall create a new Facility Siting Plan for the purpose of planning future construction and staffing of additional fire stations and other facilities required for the City to provide adequate levels of service within the NACFR boundaries. At such time new fire stations may be constructed within NACFR, the City shall lease those fire stations under the same terms and conditions as NACFR Fire Stations No. 16, No. 18, and No. 20 are being leased or used. 5.5 Waste and Nuisance Not Permitted The City shall not commit or permit waste on the Real Properties and shall not allow nuisances to exist or be maintained thereon. 5.6 Maintenance The City shall maintain the Real Properties in a safe, neat and clean condition at all times, with reasonable wear and tear expected, and in compliance with the City's regular maintenance schedules for its City-owned fire stations. The City Fire Chief, or his/her designee, shall report on maintenance and repairs or required repairs the City has performed or believes need to be performed on NACFR's Real Properties at each monthly Board of Commissioners meeting. City shall not, without express NACFR Board approval, make any repairs to any NACFR Real Property in excess of the approved budgeted amount for the R&M Buildings/Grounds account. NACFR shall make payment to the City for such maintenance and authorized and approved repairs each month. For those specific items listed in Appendix G, the amounts will be specified in the Appendix. NACFR shall be responsible for the depreciation, all FY-2012 UPDATE - JOINT POWERS AGREEMENT FOR FIRE PROTECTION NORTH ADA COUNTY FIRE & RESCUE DISTRICT Page 9 of 111

14 improvements, and reasonable wear and tear of the Real Properties. Repairs shall be performed according to the relevant Building Code, within a reasonable time. At all reasonable times, NACFR shall have the right to inspect each of the Real Properties. Emergency repairs, meaning repairs which are required to avoid or prevent risk of injury to persons or property, are excepted from the preapproval requirement. For non-emergency repairs which require the approval of NACFR Board, City shall notify the Districts Administrative Manager and have the repair request put on the agenda for the next regularly scheduled meeting of the District Commissioners at which time the Board shall be advised of the requested repair, the purpose or need for such repair and the anticipated cost of such repair. 5.7 Utilities NACFR will maintain their current utility accounts and shall pay for those costs directly except cellular telephone services (see Appendix G). 5.8 Improvements All improvement, modifications, and upgrades to the Real Properties shall require the approval of the Board of Commissioners. In the event the improvement or modification is subject to City s Division of Purchasing requirements, the City s Fire Chief shall prepare the required bid specifications and submit them to the Board of Commissioners for its formal approval. NACFR shall be responsible for and pay for the cost of all such improvements, modifications and upgrades. 5.9 Fire Station 18 While Closed During the period of temporary closure of Fire Station 18, responsibility to maintenance, utilities, and any improvements under the above article shall be the responsibility of NACFR, except as enumerated in Appendix G. Article 6 NACFR Owned Equipment and Apparatus 6.1 Schedule of Equipment and Apparatus NACFR's schedule of its Equipment and Apparatus is attached hereto as Appendix A and incorporated herein by reference. This includes equipment located on the Apparatus as well as any additional Equipment. For those items greater than $5,000 in value, NACFR will notate this on the inventory list. 6.2 Ownership and Use of Equipment and Apparatus NACFR shall retain ownership and title to NACFR owned Equipment and Apparatus. The City shall have the right to use NACFR Equipment and Apparatus for any and all direct and incidental fire, emergency medical and other services contemplated by this Agreement. At the termination of this Agreement, City shall return all Equipment and Apparatus to NACFR in good working order, reasonable wear and tear expected. Except during the course of emergency operations, and for purposes of gathering companies for training, the City agrees to station the Equipment and Apparatus set forth in Appendix A, attached hereto and FY-2012 UPDATE - JOINT POWERS AGREEMENT FOR FIRE PROTECTION NORTH ADA COUNTY FIRE & RESCUE DISTRICT Page 10 of 111

15 incorporated herein by reference, at NACFR Fire Stations No. 16, No. 18, No. 20, Logistics and City Hall West unless relocated by mutual agreement. 6.3 Maintenance Throughout the term of this Agreement or any extension or renewal thereof, the City shall maintain NACFR's Equipment and Apparatus in good working order and the City shall be responsible for the normal maintenance and repairs of the Equipment and Apparatus. Such maintenance and repairs shall be conducted in accordance with the City's schedule of maintenance and repairs for its own Equipment and Apparatus. However, and notwithstanding the foregoing, City shall not incur any maintenance or repair expenses for NACFR Equipment or Apparatus in excess of, the approved budgeted amounts for the sub-categories of R&M Shop, R&M Auto and R&M Other, without express approval of the NACFR Board. The City Fire Chief or his/her designee shall submit monthly expenditure reports on maintenance and repairs the City has performed on NACFR's Equipment and Apparatus,. NACFR shall have the right to inspect the Equipment and Apparatus upon reasonable notice to the City. NACFR shall make payment to the City for such maintenance and repairs to NACFR owned Equipment and Apparatus monthly. Emergency repairs, meaning repairs which are required to avoid or prevent risk of injury or harm to persons or property, are excepted from the pre-approval requirement. Any repairs requiring NACFR Board approval shall be handled in the same manner as is set forth in section 5.6 above Purchases of Equipment and Apparatus NACFR and the City shall mutually agree on purchases of Equipment and Apparatus required to maintain the level of service agreed to during the term of this Agreement or of any extension or renewal thereof. NACFR shall pay the cost of any new Equipment or Apparatus. The Apparatus Replacement Plan is attached as Appendix J. Article 7 Insurance and Liability Coverage. 7.1 Insurance on Equipment and Apparatus The City shall, throughout the term of this Agreement and any extension or renewal thereof, at its own expense, keep and maintain in full force and effect, a policy of insurance with an insurer having a Best s rating of AV or better insuring the Equipment and Apparatus against fire, theft, and other hazards in an amount equal to the full replacement cost basis, provided that the City may choose to self-insure some or all of said risk in lieu of purchasing insurance coverage from a third party. The City shall receive any amounts paid for claims made under this policy or paid pursuant to the City s self-funded plan. The City, at its election, shall either pay such insurance proceeds to NACFR or shall use the proceeds to repair or replace the Equipment or Apparatus. The City is liable for the loss or damage of NACFR Equipment and Apparatus, beyond normal depreciation, not covered by insurance under the City s care and control as specified in Section 6.2 of this FY-2012 UPDATE - JOINT POWERS AGREEMENT FOR FIRE PROTECTION NORTH ADA COUNTY FIRE & RESCUE DISTRICT Page 11 of 111

16 Agreement. On or before the Effective Date of this Agreement, City shall provide NACFR proof of insurance coverage required pursuant to this Article Insurance on Real Property NACFR shall obtain and maintain, throughout the term of this Agreement or any extension or renewal thereof, fire and extended insurance coverage for the Real Properties, constituting Fire Stations No. 16, No. 18, No. 20, leased to or used by the City pursuant to this Agreement. The insured amount must be equal to or greater than replacement cost. City and NACFR each shall pay one-half (½) the cost of such coverage, which amount shall be included in NACFR s annual budget. On or before the Effective Date of this Agreement, NACFR shall provide City proof of insurance coverage required pursuant to this Article 7.2. Additionally, NACFR shall also maintain public liability insurance for each of the Real Properties pursuant to the monetary amounts specified in the Idaho Tort Claims Act, naming NACFR and the City as co-insured s, with an endorsement thereon in favor of NACFR. 7.3 Liability to Third Parties Arising Out of Performance Each party to this Agreement shall be responsible for the conduct of its representatives, personnel, agents, officers, and employees as required by Idaho Law. Each party agrees to hold the other harmless from claims premised solely upon the alleged negligent or wrongful conduct of its representatives, personnel, agents, officers, and employees while acting within the scope of their employment. As public agencies, each party recognizes that regardless of whether or not insurance is procured, or self-insurance is adequately funded, each party shall meet any third-party liability obligations which may arise out of performance of this Agreement. These principles shall apply to and govern the relationship between the Parties pursuant to this Agreement, notwithstanding the language of any policy of insurance procured by either Party during the course of performance of the Agreement City shall indemnify, save and hold harmless NACFR from any and all losses, claims, actions or judgments for damages or injury to persons or property and losses and expenses caused or incurred by the City, its contractors, servants, agents employees, guests, and business invitees, not caused by or arising out of the tortuous conduct of NACFR or its employees NACFR shall indemnify, save and hold harmless the City from any and all losses, claims, actions or judgments for damages or injury to persons or property and losses and expenses caused or incurred by NACFR, its contractors, servants, agents employees, guests, and business invitees, not caused by or arising out of the tortuous conduct of City or its employees. FY-2012 UPDATE - JOINT POWERS AGREEMENT FOR FIRE PROTECTION NORTH ADA COUNTY FIRE & RESCUE DISTRICT Page 12 of 111

17 Article 8 Record Storage & Ownership 8.1 Record Storage & Ownership The City is not responsible for the storage or ownership of files prior to the Effective Date of this contract. NACFR administrative storage files shall continue to be the responsibility of NACFR. NACFR shall continue to maintain and archive all Commission-related records. NACFR shall transfer training and personnel files to the City on or before the Effective Date of this Agreement. From and after the Effective Date of this Agreement, City shall retain run records and personnel files. Article 9 Fire Code Enforcement 9.1 Fire Code Enforcement Within NACFR s jurisdiction, City shall be responsible for fire code inspections, plan reviews, investigations, public education activities and enforcement of the fire code adopted by the authorities who have jurisdiction. Article 10 Cooperative Agreements 10.1 Cooperative Agreements Currently existing cooperative agreements between NACFR and other governmental entities shall remain in full force and effect and City shall assume NACFR s obligations under these agreements, as outlined in Appendix B, attached hereto and incorporated herein by reference. Any modifications to these agreements and/or any new agreements shall require the approval of NACFR s Board of Commissioners, the City and the third party signatory to the agreement NACFR Automatic Aid Agreement From and after the Effective Date of this Agreement, the current NACFR Automatic Aid Agreement between City and NACFR shall be null and void and of no further force and effect. The Parties agree that from and after the Effective Date of this Agreement, neither the City nor NACFR shall be obligated to pay any automatic aid costs associated with the existing NACFR Automatic Aid Agreement. In the event this Agreement terminates, NACFR and City shall negotiate a new NACFR Automatic Aid Agreement; provided, however, that during the time that agreement is being negotiated, City shall continue providing services to NACFR pursuant to this Agreement Dispatch Agreement NACFR shall be responsible for payment for all dispatch services within NACFR and shall pay for those costs directly. FY-2012 UPDATE - JOINT POWERS AGREEMENT FOR FIRE PROTECTION NORTH ADA COUNTY FIRE & RESCUE DISTRICT Page 13 of 111

18 Article 11 Financial Provisions 11.1 Budget and Funding In consideration for providing fire and other services hereunder, NACFR agrees to pay the City the amounts set forth herein. By mutual agreement and in compliance with NACFR s and City s statutory requirements, the Parties shall determine annually the amounts NACFR shall pay City. In addition, in the event financial considerations so dictate, the Parties may agree to renegotiate the contract amount during the budget year Contract Amount Effective October 1, 2011 the contract payment amount has been updated. NACFR shall pay to the City Two million one-hundred seventy-nine thousand three-hundred thirty-six Dollars ($2,179,336). NACFR shall pay the City the amount in four payments as follows: Payment No. 1 October 10, 2011 $544, Payment No. 2 January 10, 2012 $544, Payment No. 3 April 10, 2012 $544, Payment No. 4 July 10, 2012 $544, The FY11 contract amount includes a one time $100, credit to fulfill City s obligation, in full, for the Automatic Aid Agreement payment for FY-2009, such credit constitutes an accord and satisfaction of the payment and no other penalties, interest, or payments will be sought. Such amounts shall be payable by NACFR to City upon receipt of an invoice in such form as agreed upon between the Parties. All expenses and obligations which have been specifically authorized and/or approved by the NACFR Board as outlined in Article 5.6 and 6.3 which are not expressly included in the budget set forth in Appendix G, attached hereto and incorporated herein by reference, shall be the responsibility of NACFR. For any period throughout the term of year one (1) of this Agreement, the annual contract amount shall be pro-rated as shown in the amount in this Article Furthermore, an ongoing contract price is outlined in Appendix G, attached hereto and incorporated herein by reference, and upon renegotiation will be the contract price, along with any applicable increases, beginning in year two (2) of this Agreement. However, as more specifically set forth in Article 11.4, the Parties shall renegotiate the contract amount for year two (2) of this Agreement and for each fiscal year thereafter that this Agreement remains in effect. The current budgetary numbers included in this Agreement contemplate and reflect a Two and One-Half Percent (2.5%) wage increase. However, there are FY-2012 UPDATE - JOINT POWERS AGREEMENT FOR FIRE PROTECTION NORTH ADA COUNTY FIRE & RESCUE DISTRICT Page 14 of 111

19 on-going wage negotiations between the City and the Local #149 Fire Fighters Union. The outcome of those negotiations may affect the Fiscal Year 2012 budgetary numbers, and in case of such a result from the wage negotiations, the Parties will negotiate and mutually agree upon whatever appropriate Fiscal Year 2012 budget and contract changes that may be required, if any One Time Costs (section deleted as no longer relevant) Pay Differential From Fire Station 18 Closure NACFR will pay the amount of the pay differential for those personnel transferred from Fire Station 18 to Fire Station 16 and other stations. City will absorb an actual headcount of seven positions including: three Captains, three Senior Firefighters and one Firefighter II. Because City s vacancies are at the Firefighter III rank, NACFR will pay the rank differential so there are no demotions. As Boise Fire promotions or vacancies occur, this differential in pay will be reduced or eliminated Sick and Vacation Leave One Time Costs (section deleted as no longer relevant) Equipment and Apparatus Budget At its sole cost and expense, NACFR shall purchase additional Equipment as the Fire Chief recommends, subject to approval by the Board of Commissioners annually. Upon the execution of this Agreement, NACFR agrees to the Equipment and Apparatus purchases necessary to standardize NACFR s and the City s Equipment and Apparatus as listed in Appendix H, attached hereto and incorporated herein by reference. Additionally, as reflected in Appendix H, purchases of future Equipment may be required as Equipment becomes worn or in a state of disrepair. For FY12, City will purchase all Equipment outlined in Appendix H no later than December 31, Budget Submission On or before July 1 of each year during the term of this Agreement or any extension or renewal thereof, the City shall submit to the NACFR Board of Commissioners, a proposed budget for the following fiscal year in such detail and in a format to which the Parties may agree Grants NACFR and the City shall coordinate grant applications. On behalf of NACFR, the City may apply for grants that may be available to NACFR under various federal and state programs NACFR Designated Expenditures Once each month City shall submit an invoice in such form to which the Parties may agree for the following expenses: (1) Motor fuel usage according to vehicle; (2) Repair and maintenance the City performs pursuant to this Agreement; (3) Repair and FY-2012 UPDATE - JOINT POWERS AGREEMENT FOR FIRE PROTECTION NORTH ADA COUNTY FIRE & RESCUE DISTRICT Page 15 of 111

20 maintenance of hydrants where applicable; and (4) Physical examinations conducted based on current authorized positions. NACFR shall pay such invoiced amounts within sixty (60) days of receipt NACFR Station No. 18 and Station No. 20 Because NACFR Station No. 20 is not staffed, with the exception of IT startup and maintenance costs, and NACFR Station 18 will be temporarily closed, NACFR Station Nos. 18 and 20 are excluded from all budget and expense calculations except as enumerated in Appendix G, attached hereto and incorporated herein by reference. For those items outlined in Article 11.6, the City will request payment monthly, when applicable. Article 12 Annexations 12.1 Annexations In the event of annexations initiated by the City of land within NACFR boundaries or in the event of annexations by NACFR of additional territory into NACFR, the City and NACFR agree to meet and discuss the fiscal impact of annexation, if any, and shall agree upon any adjustments, in either party s share of payments pursuant to this Agreement, which shall be reflected in the following year s budget. Article 13 Miscellaneous 13.1 Assignment and Subcontracting Neither party shall assign, sublet or transfer any interest or service or enter into any subcontracts for services included within this Agreement, without the prior written consent of the other Severability If any provision of this Agreement or its application is held invalid by a court of competent jurisdiction, the remainder of the Agreement shall not be affected Entire Agreement This Agreement constitutes the entire Agreement between the Parties. No change, termination or attempted waiver of any of the provisions of this Agreement shall be binding on either party unless executed in writing by each of the Parties. In the event that another entity wishes to become a party to this Agreement, NACFR and the City shall mutually agree to any and all modifications to this Agreement resulting from such addition Contract Renewal This Agreement is a five (5) year contract subject to the annual appropriation of funds necessary for the parties to perform under the terms of this Agreement. At the annual budget negotiation meeting contemplated in Article 11.4, the signatories may propose modifications to this Agreement. To be adopted, such modification must be approved by both FY-2012 UPDATE - JOINT POWERS AGREEMENT FOR FIRE PROTECTION NORTH ADA COUNTY FIRE & RESCUE DISTRICT Page 16 of 111

21 parties. In the event that the Agreement is not renewed, notice must be provided as described in section 2.4 in this Agreement. This provision is not intended to subject the entire Agreement to renegotiation annually and does not allow a party to renegotiate non-budget provisions of the contract at any other time other than the annual budget negotiations meeting time No Third Party Beneficiaries This Agreement is entered into solely for the benefit of the Parties hereto. Except as described herein, it shall confer no benefits, direct or indirect, on any third persons, including employees of the Parties. No person or entity other than the Parties themselves may rely upon or enforce any provision of this Agreement. The decision to assert or waive any provision of this Agreement is solely that of the Parties Dispute Resolution If the parties cannot reach an agreement and resolution of a dispute, the Parties shall submit to mediation prior to litigation. The Parties shall use a mediation mutually agreed upon by the parties or, if no agreement can be reached concerning a mutually acceptable mediator, the parties shall obtain a list of qualified mediators form the Clerk of the Idaho Supreme Court and each party shall alternatively strike one name from the list until such time that the parties either agree or there is only one name remaining, in which case that person will be the mediator for the parties Notice All notices and demands required under this Agreement shall be in writing and shall be deemed to have been duly given, made and received when delivered or deposited in the United States mail, registered or certified mail, postage pre-paid, addressed as follows: To NACFR: To City: Chair, Board of Commissioners Fire Chief North Ada County Fire & Rescue Boise Fire Department 5800 Glenwood Drive 333 North Mark Stall Place Garden City, Idaho Boise, Idaho FY-2012 UPDATE - JOINT POWERS AGREEMENT FOR FIRE PROTECTION NORTH ADA COUNTY FIRE & RESCUE DISTRICT Page 17 of 111

22 IN WITNESS WHEREOF, the parties subscribe their names on the day and year noted. Mike Irvin, Administrative Fire Chief Dennis L. Doan, Fire Chief North Ada County Fire & Rescue District Boise City Fire Department P.O. Box P.O. Box 500 Garden City, Idaho Boise, Idaho ATTEST: Boise City Clerk Date Boise Mayor, David Bieter North Ada County Fire & Rescue: Mike Irvin, Chairman Margaret Dimmick, Commissioner Jeff Ramey, Commissioner FY-2012 UPDATE - JOINT POWERS AGREEMENT FOR FIRE PROTECTION NORTH ADA COUNTY FIRE & RESCUE DISTRICT Page 18 of 111

23 ATTEST: District Secretary, Margaret Dimmick Date State of Idaho ) ) County of Ada ) On this day of, 2011, before me, the undersigned Notary Public, who is/are personally known to me to be the person(s) described in and who executed the foregoing instrument and acknowledged before me that they executed the same. IN WITNESS WHEREOF I have hereunto set my hand and affixed my official seal the day and year last above written. Notary Public for the State of Idaho Residing at My Commission Expires: FY-2012 UPDATE - JOINT POWERS AGREEMENT FOR FIRE PROTECTION NORTH ADA COUNTY FIRE & RESCUE DISTRICT Page 19 of 111

24 Appendix A Schedule of Equipment and Apparatus Engine Pierce Enforcer 1500 GPM 750 Gallon tank Brush BME GMC GPM Pump and Roll 400 Gallon tank Water Tender Pierce International 1000 GPM 2500 Gallon tank Mule Kawasaki Enclosed 4x4 with snow plow Reserve Engine Pierce Enforcer 1500 GPM 750 Gallon tank Brush BME GPM Pump and Roll 400 Gallon Tank FY-2012 UPDATE - JOINT POWERS AGREEMENT FOR FIRE PROTECTION NORTH ADA COUNTY FIRE & RESCUE DISTRICT Page 20 of 111

25 Staff Vehicle Logistics 2008 Ford F-350 Staff Vehicle Logistics 2006 Ford F-150 Staff Vehicle Prevention 2008 Ford Expedition Staff Vehicle Prevention 2009 Ford Expedition FY-2012 UPDATE - JOINT POWERS AGREEMENT FOR FIRE PROTECTION NORTH ADA COUNTY FIRE & RESCUE DISTRICT Page 21 of 111

26 Appendix B Cooperative Agreements FY-2012 UPDATE - JOINT POWERS AGREEMENT FOR FIRE PROTECTION NORTH ADA COUNTY FIRE & RESCUE DISTRICT Page 22 of 111

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59 Appendix C Memorandum of Understanding Between NACFR and Local 149: Seniority REINSTMT DATE #1 REINSTMT DATE #2 EMPL. # NACFR FY12 Update NAME HIRE DATE Geisler, Tracy 09/01/81 NACFR Retired Hamman, Dave 01/01/ Folden, Rick 07/01/ Templeman, Dan 10/18/ Raynor, Tracy 01/06/ Murray, Richard 04/06/ Amandus, Ron 07/16/84 NACFR Young, Dennis 1/1/1985 NACFR Retired LaBour, Jeff 09/08/ Webb, George 09/08/ Martin, Steve 09/08/ Smith, Jason 09/08/ Frederick, Mike 01/12/87 NACFR Layne, Doug 01/22/87 NACFR Retired Glass, Bobby Joe 04/29/ Sipple, Bill 04/15/ Ellis, Jacob 04/15/ Anthony, Dennis 04/15/ Stappler, Jim 05/09/ Lambrou, Robert 05/09/ Kreiter, Mike 05/09/ McNeill, Joe 05/09/ Shaw, Roger 05/09/ Higgins, Jeff 05/09/ Rankin, Bruce 11/01/ Rasulo, Steve 11/01/ Gross, Jim 11/01/ Casetta, Anthony 11/07/ Goldsmith, Gordon 02/06/ Lloyd, Anthony 06/19/ Caldwell, Mitch 06/19/ Huffman, Steve 06/19/ Johnson, Max 06/19/ McCormack, John 06/19/ Forrester, Neal 06/19/ Senteno, Mark 06/19/ Rivera, Curt 06/19/ Tinsley, Bill 06/19/ Helsel, Linda 06/26/ Riedinger, Daryl 10/20/ Fry, Don 10/20/ FY-2012 UPDATE - JOINT POWERS AGREEMENT FOR FIRE PROTECTION NORTH ADA COUNTY FIRE & RESCUE DISTRICT Page 55 of 111

60 Ho, Brent 10/20/ Thomas, Robert 02/20/ Blaser, James 02/20/ Cleary, Dennis 10/01/ Smith, Darryl 10/01/ Klinger, Mark 10/01/ Gifford, Don 10/01/ Kuehn, Richard 10/01/ Miller, Robert 10/01/90 07/18/ Lovell, Thomas 10/01/ Theriot, Terry 10/01/90 08/07/ Thompson, Ren 10/01/90 12/26/ Lewton, Mark 10/01/ Cole, Terry 10/01/ Bradshaw, Joel 10/11/90 NACFR Kain, Sean 04/01/ Womack, Greg 04/01/ Rusher, Don 04/01/ Stewart, Bruce 04/01/ Stone, Bill 04/01/91 08/01/ Campbell, Tom 04/01/ Keuter, Steve 04/01/ Oldenburg, Perry 04/01/ Smith, Kendal 04/01/ Doan, Dennis 04/01/ Ingram, Mike 04/01/ Mattox, Russell 04/01/ Knoelk, Martin 09/01/91 NACFR Peterson, Stan 09/15/ Drake, David 09/15/ Galindo, Ron 09/16/ Pawek, Tom 09/16/ Ashton, Brian 03/09/92 NACFR Quinn, Eric 01/11/ Baldwin, Vance 01/11/ Troxel, Neil 01/11/ Emerson, Chuck 01/11/ Pendleton, James 01/11/ Olinger, Kevin 01/11/ Muir, David 01/11/ Mannion, Dan 01/11/ Lamb, Greg 01/11/ Broden, Keith 02/01/ Hanson, Mike 02/01/94 10/27/ Gainor, Tom 02/01/ Coulter, Connie 02/01/ Holbrook, Dan 02/01/ Kawakami, Jack 02/01/ Campbell, Chris 02/01/ Turley, Fred 02/01/ FY-2012 UPDATE - JOINT POWERS AGREEMENT FOR FIRE PROTECTION NORTH ADA COUNTY FIRE & RESCUE DISTRICT Page 56 of 111

61 McDougall, Paul 02/01/ Kruse, Michael 02/01/ Gillespie, Chris 02/01/ Criner, Ray 09/06/ Smith, Kirk 09/06/ Cooper, Dave 09/06/ Nielson, Peter 09/06/ Ream, Bill 09/06/ Floyd, Clint 11/19/94 NACFR Murphy, William 05/01/ Westerdoll, Mark 05/01/ Swope, Earle 05/01/ Miller, Sean 05/01/ Whitmer,Kirk 05/01/ Briggs, Greg 05/01/ Peters, Jim 05/01/ Walker, Mike 05/01/ Christensen, Rob 05/01/95 NACFR Brown, Rich 05/01/95 NACFR Armstrong, Glenn 09/01/95 NACFR Stroman, Travis 01/28/96 NACFR Caple, Donnie 04/15/ Hummel, Aaron 04/15/ Cook, Natalie 04/29/96 01/01/ Martin, Brian 06/25/ Nebeker, Carl 06/25/ Couture, Aaron 06/25/ Tavernier, Ken 06/25/ Brown, Dana 06/25/ Rabbitt, Jim 06/25/ Torkelson, Bert 06/25/ Zolin, Michael 06/25/ Wiese, Gary 06/25/ Ramey, Greg 06/25/ Broadhead, Thad 07/01/ Boehm, Roy 06/28/96 NACFR Olaso, Thayne 04/15/ Payne, Rick 04/15/ Leuck, Aaron 04/15/ Gray, Chad 04/15/ Long, Scott 04/15/ Harrold, Cody 04/15/ Walker, Shane 09/01/ Skinner, Brian 12/01/ Walcroft, Roy 12/01/ Schmidt, Russell 12/01/ Moore, Thomas 12/10/ Cleveland, Joe 08/12/ Martinsen, Connie 08/26/ Hall, Scott 09/08/ FY-2012 UPDATE - JOINT POWERS AGREEMENT FOR FIRE PROTECTION NORTH ADA COUNTY FIRE & RESCUE DISTRICT Page 57 of 111

62 Cooper, Doug 11/02/ Gates, Doug 11/02/ Ruffing, Charles 11/02/ St Michell, Eric 11/02/ Spencer, Robert 11/02/ Walker, James 09/01/ Barber, Brian 02/14/00 12/16/ Sorenson, Bryan 02/14/ Menlove, Michael 02/14/ Hopkins, Dan 02/14/ Macomb, Brian 02/14/ Linn, Robert 02/14/ Ramey, James 02/14/ Sheehan, Parker * 10/31/ Lilly, Robert * 10/31/ Christensen, Randy* 10/31/ Williard, Dan * 10/31/ Barnard, Jason * 10/31/ Peugh, John * 10/31/ Dial, Steve * 10/31/ Andrews, Rod * 10/31/ Gould, Kevin * 10/31/ Barnack, Randy * 10/31/ Moss, Randy * 10/31/ Ferneau, Rich * 10/31/ Sellers, Lance * 10/31/ Majors, Randy * 10/31/ Poe, Jim * 10/31/ Tappert, Jesse * 10/31/ Stinar, Jason * 10/31/ Barbero, Michael 10/23/00 05/07/ Hilliard, Lance 10/23/ Dethman, Jonas 10/23/ Lacy, Glenn 10/23/ Rios, Noel 10/23/ Kuehl, DeWaine 10/23/ Chan, Jason 10/23/ Lowe, Shane 10/23/ Leiby, James 10/23/ Elsberry, Dave 10/23/00 08/01/ McAdams, Jerry 10/23/ Cairy, Kevin 10/23/ Gonzalez, Alberto 10/23/ McCullough, James 10/23/ Lockman, Michael 10/01/ Mitchell, Roy 10/01/ Andrisek, Anthony 10/01/ Cleaver, Ryan 10/01/ Lewis, Jason 10/01/ Suter, John 10/01/ FY-2012 UPDATE - JOINT POWERS AGREEMENT FOR FIRE PROTECTION NORTH ADA COUNTY FIRE & RESCUE DISTRICT Page 58 of 111

63 Rainey, Marcus 10/01/ Matthews, Brent 10/01/ Roberts, Paul 10/01/ Jones, Kent 10/01/ Smith, Glen 09/16/01 NACFR 2369 Woolford, Travis 02/25/ Gilbertson, Kent 02/25/ McFarland, Andrew 02/25/ Owen, Matthew 02/25/ Walters, Jeffry 02/25/ Wong, Jerrod 02/25/ Res, Shawn 02/25/ Peterson, Darron 02/25/ Millington, Vern 04/22/02 NACFR NACFR Sword, Jennifer 04/29/ Severance, Keith 10/01/ Root, Jeffrey 10/01/ Moore, Jon 10/01/ Berkheiser, Ryan 10/01/ Reitan, Thomas 10/01/ Frederick, Brandon 10/01/ Townsend, Robert 10/01/ Zebell, Jake 10/01/ Allen, Kevin 10/01/ Rosen, Tim 10/01/ Johnson, Jeremy 10/01/ Wonacott, Tim 12/30/02 NACFR NACFR DeVore, Peter 03/24/03 NACFR NACFR Edwards, Jill 01/07/ Bisagno, Mike 07/19/04 NACFR NACFR Schonberger, Edward 10/01/ Mattson, Christopher 10/01/ Nash, Christopher 10/01/ Pruett, Scott 10/01/ Tiffany, Chad 10/01/ Lindsay, James 02/18/ Compton, Tom 02/18/ Cagle, Justin 02/18/ Rajsich, Kyle 02/18/ Wilson, Kevin 02/18/ Cox, Justin 02/18/ Stevens, Randy 02/18/ Austin, Mark 02/18/ Nelson, Shane 02/18/ Martin, Craig 04/20/05 NACFR NACFR Emerson, Zachary 11/01/ Eisenbeiss, Michelle 01/01/ Stover, Patrick 05/15/ Liddell, Josh 05/15/ Chally, Geoffrey 05/15/ FY-2012 UPDATE - JOINT POWERS AGREEMENT FOR FIRE PROTECTION NORTH ADA COUNTY FIRE & RESCUE DISTRICT Page 59 of 111

64 Satterlee, Steven 05/15/ Upton, Andy 05/15/ Damron, Joel 05/15/ Desilet, Philip 05/15/ Hotchkiss, Andrew 05/15/ LeMay, Corey 05/15/ Cook, Shannon 05/15/ Kircher, Jeremy 05/15/ Taylor, Russell 05/15/ Benjamin, Mark 05/15/ Simpson, Brian 05/15/ Murray, Stephen 05/15/ Hargan, Glenn 05/15/ Williams, Ryan 05/15/ Nauman, Trisha 09/26/ Pettinger, Rob 01/31/07 NACFR NACFR Able, Michael 04/16/ Freeman, Kurt 04/16/ Marshburn, Kendra 10/24/ Pedersen, Jacob 11/01/ Gardner, Chris 11/01/ Cowen, Rob 11/01/ Nichols, Ashley 11/01/ Schlabs, Travis 11/01/ Turner, Richard 11/01/ Miller, Joe 11/01/ Mallaburn, Chris 11/01/ Punt, Nathan 11/01/ Westendorf, Jeff 11/01/ Cook, Weston 11/01/07 NACFR NACFR Kudar, KrieAnn 12/27/ Bayless, Matthew 02/04/08 NACFR NACFR Clark, Barbara 10/01/ Schlekeway, Nick 11/01/ Ostermiller, Joe 11/01/ Wilson, Casey 11/01/ Wright, Justin 11/01/ Lutz, Matthew 11/01/ Burgin, Timothy 11/01/ Oldham, Dane 11/01/ Carrico, Bart 11/01/ Yearsley, Jason 11/01/ Nestler, Kirk 11/01/ Quarles, Shane 11/01/ McLean, Craig 11/01/ Zimmerly, Josh 11/01/08 NACFR NACFR Wilson, Hyrum 11/01/08 NACFR NACFR Larrondo, Ray 11/01/08 NACFR NACFR Howell, Randy 03/01/09 FY-2012 UPDATE - JOINT POWERS AGREEMENT FOR FIRE PROTECTION NORTH ADA COUNTY FIRE & RESCUE DISTRICT Page 60 of 111

65 * = employees have higher seniority than group hired on 10/23/00 ** = Same Recruit Class FY-2012 UPDATE - JOINT POWERS AGREEMENT FOR FIRE PROTECTION NORTH ADA COUNTY FIRE & RESCUE DISTRICT Page 61 of 111

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106 Appendix E NACFR Boundaries FY-2012 UPDATE - JOINT POWERS AGREEMENT FOR FIRE PROTECTION NORTH ADA COUNTY FIRE & RESCUE DISTRICT Page 102 of 111