Loading...
HomeMy WebLinkAboutFire Joinder Carmel/Clay CO~'£MACT FOR FIRE PROTECTION BETWw. w.~ THE CITY OF ~r., INDIANA, AND CT.Ay TOWNSHIP OF HAMILTON COUNTY 1994 THIS AGREEMENT, made and entered into by and between the City of Camel, Hamilton County, Indiana, hereinafter called "City" and Clay Township, Hamilton County, Indiana, hereinafter called of the 1st day of January, 1994; "Township" as WITNESSETH: WHEREAS, the City and Township have heretofore entered into contracts for fire protection of said Township; and WHEREAS, said City and Township have agreed to continue said fire protection arrangements for the additional period of one (1) year beginning as of January 1, 1994, and continuing through December 31, 1994; and WHEREAS, the City and Township have agreed that said Fire Protection shall not be discontinued until the 1995 Contract is negotiated and ratified between the parties or until the Township has retained alternate fire protection. NOW, THEREFORE, it is mutually agreed by and between the parties hereto as follows: 1. The City agrees to furnish fire protection service to the residents of the Township outside the limits of the City, including basic life support emergency service, the Communication Center Contract for Fire ProtectiOn 2 Service and administer the "911 emergency Protection"). 2. The Township hereby agrees to service" (herein "Fire leave all of its fire fighting equipment, trucks and accessories, and basic life support emergency vehicle at the disposal of said City. 3. The City will continue to operate the four (4) stations now in use, and to operate the basic life support emergency vehicle out of the station to be designated by the chief of the Carmel Fire Department. 4. The only monetary liability of the Township for Fire protection to the City will be to pay the contract payments as hereinafter set forth. The proportionate share of the Township for fire department budget shall be the ratio based upon the Township's assessed valuation computed to the City's assessed valuation as they relate to the total of the two. The proportionate share of the Township for the Communication Center's budget shall be one- half of the Communication Center's budget multiplied by the ratio based upon the Township's assessed valuation computed to the City's assessed valuation as they relate to the total of the two. 5. The City agrees to maintain a minimum of sixty-seven (67) full time, paid firemen at all times during the continuation of this agreement, including a'full time, paid Fire Chief, twelve (12) of said firemen to be on duty at all times, with at least six (6) full time, paid firemen to be maintained at the Carmel Headquarters Fire Station. In the event that firemen terminate employment Contract for Fire Protection 3 during the year, the City will continue to be in compliance with this paragraph so long as it hires replacement firemen within a reasonable time of the termination. The City further agrees to maintain the Communication Center and administer Emergency "911" services and make the same available to the Township residents. 6. The City agrees to purchase all materials and supplies, to pay all compensation to personnel and firemen, pay the costs of the operation of said fire department and said Communication Center, to carry all necessary insurance on firemen/personnel and on all building and equipment of the City and Township, and to save the Township, the Township Trustee and the Township Board harmless from any and all liability. A copy of the Liability Insurance Policy on the Fire Department and the Communication Center shall be furnished to the Township and shall name the Township, the Township Trustee and the Township Board as additional assureds. 7. The City has provided to the Township a complete inven- tory of all apparatus and equipment, together with a statement as to its operation condition. 8. The City agrees to furnish monthly statements of all operating expenses on or before the thirtieth (30th) day following the end of each month. On or before February 28, 1995, the City further agrees to furnish a statement of all 1994 Budgetary items and expenditures contract amounts. of unspent monies in a format which can be reconciled to the The City shall repay to the Township its share contributed for Fire Protection no later than Contract for Fire Protection 4 July 15, 1995. of the City computations, In the event that the State Board of Accounts Audit of Carmel requires an adjustment of the above the Township or the City will remit any amounts due as a result of the audit within thirty (30) days of receipt of the Audit Report. 9. The entire budget for fire department of the City and of the Township 1994 has been'fixed at $4,683,353.00. A copy of said budget is attached hereto as Exhibit "A". Of that amount it is mutually agreed that the share of the Township should be $1,920,175.00. In the event the expenditures in 1994 are less than $4,683,353.00, the Township's pro rata share of the money unspent shall be refunded as set forth in paragraph 8 above. 10. The entire budget for the Communications Center of the City and of the Township in 1994 has been fixed at $763,314.00. a copy of said Budget is attached hereto as Exhibit "B". Of that amount it is mutually agreed that the share of the Township should be $157,279.00. In the event the expenditures in 1994 are less than $763,314.00, the Township's pro rata share of the money unspent shall be refunded as set forth in paragraph 8 above. 11. In order to pay its share of the above expenses in the amount of $2,077,454.00, the Township appropriated $2,077,454.00 and received State Tax Board approval of the appropriation in the sum of $1,373,432.00 in its Fire Fighting Fund due to levy limits, and by this agreement, the Township agrees to pay the entire appropriation of $1,373,432 to the City as payment of its share of Contract for Fire Protection 5 the total costs of Fire Protection less any refund due it by reason of money unspent out of the 1993 budget of the Carmel Fire Department. 12. The Township further agrees to seek authorization to borrow funds in an amount not to exceed $704,022.00 to enable it to complete the payment of the total sum of $2,077,454.00 payable for its share of the costs of Fire Protection. 13. For and in consideration of the promises and agreements herein and subject to the approval of all necessary state agencies the Township does hereby agree to pay said City the total sum of $1,920,175.00 (Fire Department) and $157,279.00 (Communication Center) in the following manner: $960,088.00 (Fire Department) and $78,640.00 (Communication Center) on or before July 15, 1994, less any credit due the Township under paragraph 8 and 9 of Contract for Fire Protection betweenthe parties hereto covering the year 1993 and subject to the borrowing status of the Township $960,087.00 (Fire Department) and on or before December 1994. $78,639.00 (Communication Center) 14. In the event that the City, based upon actual expenditures, determines that the funds budgeted for Fire Protection will not be sufficient to provide adequate Fire Protection for the 1994 year, the City shall notify the Township in writing no later than thirty (30) days prior to the need of Contract for Fire Protection 6 additional funding. The City shall provide to the Township actual year to date expenditures compared to budgeted expenditures per budget line item. Both the City and the Township shall review these figures to determine whether savings are possible within the whether an additional appropriation for the year total budget or is necessary. If an additional appropriation is mutually found to be necessary, the Township shall, if funds are available, appropriate sufficient funds to pay for its share pursuant to paragraph 4 above within thirty (30) days. In the event that the Township does not have sufficient funds available in the current year's budget the Township shall include the additional funds needed in the subse- guent years budget and shall promptly pay when funds are then available. The Township shall be entitled to a refund of its pro rata share of any unspent additional funds contributed to the City pursuant to this paragraph 14 as an offset against 1995 funding requirement. 15. In anticipation of a Contract for Fire Protection between the City and the Township in 1995 and to assist the Township in its budgeting process, the City agrees to send to the Township copies of completed budgets, as approved by the City Council, for the fire Department and the Communication Center by September 1, 1994, and the final budgets as approved by the State Board of Accounts by January 10, 1995. contract for Fire Protection 16. The parties'agree that all requests for payments and/or adjustments to payments, pursuant to this fire contract, shall ~e placed upon a form approved by the Indiana State Board of Accounts and certified according to Indiana Statute with respect to the amount contained therein. 17. This agreement shall be In full force and effect as of the l~t day of January, 1994, and continue through the 31st day of December, 1994; provided, however, that the City shall continue to provide the fire protection services set forth above until the next contract for 1995 is negotiated and ratified between the City and Township or until the Township has retained alternate fire protec- tion. In the event that the City has provided Fire protection in 1995 end a mutually acceptable contract is not reached between the City and the Township for 1995, the Township shall reimburse the City based upon the same formula utilized in this agreement based upon 1995 assessed valuation. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals as of the /~ day of BOARD OF PUBLIC WORI(S Attest: , 1994. CITY OF CARMEL Hamil on nty, Indiana Ted Jo , Mayor. · ~ D .~~ ~/'~ Susan W. Jones, Clerk Treasurer Date: Contract for Fire Protection s CLAY TOWNSHIP Hamilton County, Indiana C~Y TO~SHIP BO~