JPA - 2016 - EFPD - Fire Code Inspection Enforcement In District For City - 5/24/2016JOINT POWERS AGREEMENT BETWEEN
THE EAGLE FIRE PROTECTION DISTRICT
AND THE CITY OF EAGLE
RELATING TO FIRE CODE INSPECTION, ENFORCEMENT SERVICES, AND FIRE
MITIGATION PLANNING AND OPERATIONS
This Joint Powers Agreement ("Agreement") made and entered into this d-�J
ay of
by and between Eagle Fire Protection District, a duly formed and existing
governmental entity pursuant to the laws and Constitution of the State of Idaho ("EFPD") and the
City of Eagle, Idaho, a municipal corporation of the State of Idaho ("City").
WITNESSETH
WHEREAS, the EFPD is in the regular practice of providing fire code inspection and
enforcement services within its district, and
WHEREAS, the EFPD supports the development and continuation of proper fire code
enforcement to preserve the quality, depth and breadth of its services, and
WHEREAS, Sections 67-2326 through 67-2333, Idaho Code, provide that public
agencies may enter into agreements with one another for joint or cooperative action which
includes, but is not limited to, joint use, ownership, and/or operation agreements and interagency
contracts for service, activity or undertakings. This Agreement is, and shall be construed as, a
joint powers agreement enacted pursuant to Sections 67-2326 through 67-2333, Idaho Code
WHEREAS, the City has an interest in consistent application of fire services as
evidenced by City Ordinance 79 implementing the Uniform Fire Code, and
WHEREAS, the City has previously designated EFPD as the one and only official fire
protection entity for the City in Eagle City Code Title 4 chapter 8 section 1, and
Joint Powers Agreement Between The Eagle Fire Protection District and The
City of Eagle Relating to Fire Code Inspection and Enforcement Services - 1
WHEREAS, the City desires to contract with EFPD for the performance of the
hereinafter described fire code inspections, services, enforcement, and other related functions
within its boundaries by the EFPD;
NOW, THEREFORE, in consideration of the mutual promises and covenants herein
contained, it is mutually agreed as follows:
1. EFPD Obligations:
A. Fire Code Inspection and Enforcement Services. The EFPD will make available to
the City the fire code inspection and enforcement services described in this
Section 1 at the rates listed in Exhibit A, attached hereto and incorporated herein
by reference.
B. Administrative Services. Administrative services include planning and statistics
(including but not limited to fire and city code enforcement), training, accounting,
payroll, personnel, media relations, fleet control, radio maintenance, purchasing,
records, and inspections/internal investigations. EFPD shall provide
administrative services in line with fire protection district guidelines.
C. Method of Service. The level, degree and type of services and the number of
positions assigned to those services shall be determined by the EFPD Chief or
his/her designee.
D. Computers. The EFPD will be responsible for the repair and maintenance of all
equipment, software, and accessories that are used by EFPD.
E. Reporting.
a) Reporting Districts. Reporting districts coterminous with the City boundaries will
be maintained to enable accurate data collection on enforcement services provided
and fire service activity.
Joint Powers Agreement Between The Eagle Fire Protection District and The
City of Eagle Relating to Fire Code Inspection and Enforcement Services - 2
b) Notification of Significant Activity. The EFPD will notify the City in the event of
a significant occurrence within the City.
c) Monthly Reports. The EFPD will provide monthly reports to the City on
significant activities occurring within the City limits.
F. Personnel and Equipment. The EFPD is acting hereunder as an independent
contractor so that:
a) Control of Personnel. Control of personnel, standards of performance, discipline
and all other aspects of performance shall be governed entirely by the EFPD.
Allegations of misconduct shall be investigated in accordance with EFPD
protocol.
b) Status of Employees. All persons rendering service hereunder shall be for all
purposes employees of the EFPD.
c) Liabilities. All liabilities for salaries, wages, any other compensation, injury, or
sickness arising from performance of the services by the EFPD hereunder shall be
that of the EFPD.
G. Provision of Personnel. The EFPD shall furnish all personnel and such resources
and material deemed by the EFPD as necessary to provide the level of service
herein described. Ownership of equipment purchased by the EFPD is retained by
the EFPD.
H. City Services. Services to the City shall consist of fire code inspection,
enforcement, and other related services provided by personnel assigned primarily
for the benefit of the geographic areas within the boundaries of the City except as
may be modified by Section 7, below.
2. City Obligations:
Joint Powers Agreement Between The Eagle Fire Protection District and The
City of Eagle Relating to Fire Code Inspection and Enforcement Services - 3
A. General. City services include:
a) Development and plan review services.
b) Fee imposition and/or collection.
c) Code violation enforcement.
d) Enforcement of mitigation planning and implementation.
e) Assistance in fire code development.
f) Emergency operations and planning.
B. Billing Services.
a) Billing. In consideration for duties, services, and functions heretofore described in
Section 1, the City may collect and remit to the EFPD as provided for in Exhibit
A for such services billed and collected. In the event the parties agree to this
reimbursement, a procedure for collection and remittance shall be agreed upon in
writing by the parties prior to such reimbursement.
b) Remittance. All sums collected pursuant to this agreement, less administrative
fees, shall be paid to EFPD on a monthly/quarterly basis.
C. City Responsibilities. In support of the EFPD providing the services described
herein, the City states the following:
a) Municipal Fire Protection Authority. The City delegates municipal fire protection
authority on such EFPD employees as might be engaged hereunder in enforcing
City ordinances within City boundaries, for the purposes of carrying out this
Agreement.
b) Special Supplies. The City shall supply, at its own cost and expense, any special
supplies, stationery, notices, forms, and the like where such must be issued in the
name of the City.
Joint Powers Agreement Between The Eagle Fire Protection District and The
City of Eagle Relating to Fire Code Inspection and Enforcement Services - 4
3. Duration.
This Agreement is effective upon authorization and signature by all parties and this
Agreement may be renewed upon the mutual written consent of the parties.
4. Termination Process.
Each parry may initiate a process to terminate this Agreement as follows:
A. Notice of Termination. In the event either party hereto desires to terminate the
Agreement prior to the expiration date, such parry may do so by giving (60) days
written notice to other parties.
B. Transition Plan. Within 60 days of the receipt of such written termination notice, the
parties shall commence work on and complete a mutually agreed-upon transition
plan providing for an orderly transition of responsibilities from the EFPD to the City.
The planning method should proceed along the lines of a project management
approach to facilitate the joint planning process by the City and the EFPD. The
overarching goal of the transition plan will be to ensure there is no disruption in
service to the community. Each party shall bear its respective costs in developing the
transition plan.
5. Indemnification.
A. City to Hold EFPD Harmless. The EFPD, its officers, agents, and employees, shall
not be deemed to have assumed any liability for the acts of said City or any officers,
agents or employees thereof, and the City hereby covenants and agrees to hold and
save the EFPD and all of its officers, agents, and employees harmless from all claims
whatsoever that might arise against the EFPD, its officers, agents, or employees, by
Joint Powers Agreement Between The Eagle Fire Protection District and The
City of Eagle Relating to Fire Code Inspection and Enforcement Services - 5
reasons of any acts or failures to act on the part of the City, its officers, agents or
employees.
B. EFPD to Hold City Harmless. The EFPD hereby covenants to hold and save the City
and all its officers, agents, and employees, harmless from any claims whatsoever that
might arise against the City, its officers, agents, or employees by reason of any acts or
failures to act on the part of the EFPD, its officers, agents, or employees in the
performance of the duties required by the terms of this Agreement.
C. Liability Related to City Ordinances, Policies, Rules and Regulations. In executing
this Agreement, the EFPD does not assume liability or responsibility for or in any
way release the City from any liability or responsibility which arises in whole or in
part from the existence or effect of City ordinances, policies, rules or regulations. If
any cause, claim, suit, action or administrative proceeding is commenced in which the
enforceability and/or validity of any such City ordinance, policy, rule or regulation is
at issue, the City shall defend the same and select legal counsel at its sole expense.
6. Audits and Inspections.
The records and documents with respect to all matters covered by this Agreement
shall be subject to inspection, review or audit by the EFPD or City during the term of
this Agreement and three (3) years after termination unless such records are exempt
from disclosure under Idaho Code sections 9-335 and 9-337 et seq.
7. Amendments.
This Agreement may be amended at any time by mutual written agreement of the City
and the EFPD.
8. Agreement Administration.
Joint Powers Agreement Between The Eagle Fire Protection District and The
City of Eagle Relating to Fire Code Inspection and Enforcement Services - 6
A. Agreement Administrators. The City Mayor or his/her designee and the EFPD by and
through its designated Chief shall serve as agreement administrators to review
performance and resolve operational problems.
B. Referral of Unresolved Problems. The City Mayor shall refer any fire and/or city code
enforcement service operational problem, which cannot be resolved by the Fire
Marshall, to the EFPD Chief. The Chief and Mayor shall meet as necessary to resolve
such issues.
9. Entire Agreement/Waiver of Default.
The parties agree that this Agreement is the complete expression of the terms hereto
and any oral or written representations or understandings not incorporated herein are
excluded. Both parties recognize that time is of the essence in the performance of the
provisions of this Agreement. Waiver of any default shall not be deemed to be a
waiver of any subsequent default. Waiver or breach of any provision of the
Agreement shall not be deemed a waiver of any other or subsequent breach and shall
not be construed to be a modification of the terms of the Agreement unless stated to
be such through written approval by the Parties, which shall be attached to the
original Agreement.
Joint Powers Agreement Between The Eagle Fire Protection District and The
City of Eagle Relating to Fire Code Inspection and Enforcement Services - 7
IN WITNESS WHEREOF, the parties have executed this Agreement.
ATTEST:
2U:� 41�_elall V— I
Eagle City Clerk
CITY OF EAGLE
By:
Stan Ridgeway, M y r
EAGLE FIRE PROTECTION DISTRICT
By:
Michael Winkle, Fire Chief
Joint Powers Agreement Between The Eagle Fire Protection District and The
City of Eagle Relating to Fire Code Inspection and Enforcement Services - 8
EXHIBIT A
Project:
Joint
Fee Types
Quantity Unit ce Extended Price
100
Plan Reviews
Phone Number: I Date:
—Na—me.-
101
Annexation & Zoning Application
$100.00
102
Conditional Use Permit
$100.00
103
Preliminary Plat
$200.00
I04
Planned Development
$300.00
105
Final Planned Development/Final Plat
$200.00
106
Mitigation Fee per Single Family Residence
$500.00
107
Fire Code Plan Review -50% Building Fee
(Includes one Re -Submittal)
108
Additional Submittals (2 or more)
$200.00
109
Fire Sprinkler PIan Review
$200.00
110
Heads
$'2..20
111
Fire Alarm System Plan Review
$175.00
112
Device
$4.20
200
Inspecdons and Permits
201
Final Inspection Includes final first follow -u)
$75.00
202
Subsequent- I hour minimum
$75.00
203
Inspection of Commercial Hoods
$150.00
204
Day Care Inspections
$20.00
205
Fireworks Stand Inspection (Includes one
follow-up)
$25.00
206
Inspection outside of working hours4 hour
minimum
$100.00
207
Inspections Required by Outside Agencies -1
hour minimum
$100.00
208
Permit for High Piled Combustible Storage
$150.00
209
Permit for Public Display of Fireworks
$150.00
210
Inspection for Installation of
Flammable/Combustible Storage Tanks
(1-2 Tanks Flat Fee)
$200.00
211
Additional Tanks
$50.00
212
Permit for Removal
(1-2 Tanks Flat Fee)
$100.00
213
Additional Tanks
$30.00
TOTAL
Project:
Joint
Contractor:
Location:
Contractors Address:
Job Number:
Phone Number: I Date:
—Na—me.-
ame:
Joint Powers Agreement Between The Eagle Fire Protection District and The
City of Eagle Relating to Fire Code Inspection and Enforcement Services - 9