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HomeMy WebLinkAboutFire Joinder Carmel/ Clay CONTRACT FOR FIRE PROTECTION BETWEEN THE CITY OF CARMEL, INDIANA, AND CLAY TOWNSHIP OF HAMILTON COUNTY 1998 THIS AGREEMENT, made and entered into by and between the City of Cannel, Hamilton County, Indiana, hereinafter called "City" and Clay Township, Hamilton County, Indiana, hereinafter called "Township" as of the 1st day of January, 1998; 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 I, 1998, and continuing through December 31, 1998; and WHEREAS, the City and Township have agreed that said Fire Protection shall not be discontinued until the 1999 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 Service and administer the "911 emergency service" (herein "Fire Protection"). 2. The Township hereby agrees to leave all of its fire fighting equipment, trucks and accessories, and basic life support emergency vehicle at the disposal of said City. CONTRACT FOR FIRE PROTECTION PAGE 2 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 Carreel 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 1997 assessed valuation compared to the City's 1997 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 (th) of the Communication Center's budget multiplied by the ratio based upon the Township's 1997 assessed valuation compared to the City's 1997 assessed valuation as they relate to the total of the two. The City agrees to maintain a minimum of eighty-one (81) full-time, paid firemen at all times during the continuation of this agreement, including a full-time, paid Fire Chief, twenty-four (24) of said firemen to be on duty at all times, with at least eight (8) full-time, paid firemen to be maintained at the Carreel Headquarters Fire Station. In the event that firemen terminate employment 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. The Fire Chief will be appointed by the Mayor, after consultation with the Township Trustee and the Township Board. CONTRACT FOR HRE PROTECTION PAGE 3 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 buildings 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 inventory of all apparatus and equipment, together with a statement as to its operating 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. All 1998 Budgeted Amounts appropriately encumbered by the City in 1998 and expended in 1999 shall be separately accounted for and treated as 1998 operating expense for purposes of this Contract. On or before February 28, 1999, the City further agrees to furnish a statement of all 1998 Budgetary items, expenditures and encumbrances in a format which can be reconciled to the contract amounts. The City shall repay to the Township its share of unspent monies contributed for Fire Protection no later than June 15, 1999. In the event that the State Board of Accounts Audit of the City of Carreel requires an adjustment of the above computations, 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 the Fire Department of the City and of the Township in 1998 has been fixed at $7,797,782.00. A copy of said budget is attached hereto as Exhibit "A". Of CONTRACT FOR FIRE PROTECTION PAGE4 that amount, it is mutually agreed that the share of the Township should be $3,119,113.00 in the Fire Department budget. In the event the expenditures in 1998 are less than $7,797,782.00, 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 1998 has been fixed at $942,607.00. 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 $188,521.00 (40.0% of 50%). In the event the expenditures in 1998 are less than $942,607.00, 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 $3,307,634.00, the Township appropriated $ 330763~-. oo appropriation in the sum of $ 2831529.00 and by this agreement, the Township and received State Tax Board approval of the in its Fire Fighting Fund due to levy limits, agrees to pay the entire appropriation of $ 2831529. oo to the City as payment of its share of the total costs of Fire Protection. 12. The Township further agrees to seek authorization to borrow funds in an amount not to exceed $ 5ooooo. oo to enable it to complete the payment of the total sum of $3,307,634.00 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 $3,119,113.00 (Fire Department) and $188,521.00 (Communication Center) in the following manner: CONTRACT FOR FIRE PROTECTION PAGE 5 $1,559,556.50 and (Fire Department) on or before July 15, 1998, or within one (1) business day of the Township's receipt of its tax draw from Hamilton County, whichever is later. on or before December 31, 1998, or within one (1) business day of the and Township' s receipt of its tax draw from Hamilton County, whichever is later. $ 94,260.50 (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 1998 year, the City shall notify the Township in writing no later than thirty (30) days prior to the need of 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 total budget or whether an additional appropriation for the year 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 94,260.50 (Communication Center) $1,559,556.50 (Fire Department) CONTRACT FOR FIRE PROTECTION PAGE 6 available in the current year' s budget, the Township shall include the additional funds needed in the subsequent year's 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 in the form of a cash refund as set forth in paragraph 8 above. 15. In anticipation of a Contract for Fire Protection between the City and the Township in 1999 and to assist the Township in its budgeting process, the City agrees to include the Township in its 1999 budget discussions and 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, 1998, and the final budgets as approved by the State Board of Accounts by January 10, 1999, or within thirty (30) days after receipt of final budget approval. All budget meetings shall take place at a location mutually agreeable to the parties. 16. The parties agree that all requests for payments and/or adjustments to payments pursuant to this Fire Contract shall be 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 1st day of January, 1998, and continue through the 31st day of December, 1998; provided, however, that the City shall continue to provide the fire protection services set forth above until the next contract for 1999 is negotiatefi and ratified between the City and Township or until the Township has retained alternate fire protection. In the event that the City has provided Fire Protection in 1999 and a mutually CONTRACT FOR HRE PROTECTION PAGE 7 acceptable contract is not reached between the City and the Township for 1999, the Township shall reimburse the City based upon the same formula utilized in this agreement based upon 1998 assessed valuation. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals as of the · day of..~;efi., q4, ~ BOARD OF PUBLIC WORKS AND SAFETY ,1998. CITY OF CARMEL Hamilton County, Indiana Date: ,~' ~' ~'a~ Approved Date: CLAY TOWNSHIP Hamilton County, Indiana Clay Township Trustee Date:~ i'~ ~' CL~~P BOARD