HomeMy WebLinkAboutFire Joinder Carmel/Clay CONTRACT FOR FIRE PROTECTION
BETWEEN THE CITY OF CARMEL, INDIANA, AND
CLAY TOWNSHIP OF HAMILTON COUNTY
1996
THIS AGREEMENT, made and entered into by and between the City
of Carmel, Hamilton County, Indiana, hereinafter called "City" and
Clay Township, Hamilton County, Indiana, hereinafter called
"Township" as of the 1st day of January, 1996;
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, 1996, and continuing through
December 31, 1996; and
WHEREAS, the City and Township have agreed that said Fire
Protection shall not be discontinued until the 1997 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").
CONTRACT FOR FIRE PROTECTION Page 2
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.
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
Protection to
only monetary liability of the Township for Fire
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
1995 assessed valuation compared to the City's 1995 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 (1/2) of the Communication Center's budget
multiplied by the ratio based upon the Township's 1995 assessed
valuation compared to the City's 1995 assessed valuation as they
relate to the total of the two.
5. 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 Carmel
Headquarters Fire Station. In the event that firemen terminate
employment during the year, the City will continue to be in
CONTRACT FOR FIRE PROTECTION Page 3
Township residents.
after consultation
Board.
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
The Fire Chief will be appointed by the Mayor,
with the Township Trustee and the Township
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 inven-
tory 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 1996 Budgeted Amounts appropriately
encumbered by the City in 1996 and expended in 1997 shall be
CONTRACT FOR FIRE PROTECTION Page 4
separately accounted for and treated as 1996 operating expense for
purposes of this Contract. On or before February 28, 1997, the
City further agrees to furnish a statement of all 1996 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, 1997. In the event that the
State Board of Accounts Audit of the City of Carmel 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 1996 has been fixed at $6,066,949.00. 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
$2,486,873.00 in the Fire Department budget plus $152,250.00 for
pensions, totalling $2,639.123.00 (43.5%). In the event the
expenditures in 1996 are less than $6,066,949.00, 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 1996 has been fixed at $799,860.00.
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 ~~00 (43.5% of 50%). In the event the expenditures in
CONTRACT FOR FIRE PROTECTION Page 5
1996 are less than
the money unspent
above.
11.
amount
$799,860.00, the Township's pro rata share of
shall be refunded as set forth in paragraph 8
In order to pay its share of the above expenses in the
of $2,813,093.00, the Township appropriated $2,813,093.00
and received State Tax Board approval of the appropriation in the
sum of $2,500,894.00 in its Fire Fighting Fund due to levy limits,
and by this agreement, the Township agrees to pay the entire
appropriation of $2,500,894.00 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 $312,199.00 to enable it
to complete the payment of the total sum of $2,812,613.00 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
Center) in the following manner: ~ j~
$1,319,561.50 (Fire Department on or before July 15, 1996,
and Pension) or within one (1) business
day of the Township's
and receipt of its tax draw
from Hamilton County,
whichever is later.
CONTRACT FOR FIRE PROTECTION Page 6
$1,319,561.50 (Fire Department)
and
on or before December 31,
1996, or within one (1)
business day of the
Township's receipt of its
tax draw from Hamilton
County, whichever is later.
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 1996 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 available in the current year's budget, the
Township shall include the additional funds needed in the subse-
quent year's budget and shall promptly pay when funds are then
available.
CONTRACT FOR FIRE PROTECTION Page 7
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 1997 and to assist the Township in its
budgeting process, the City agrees to include the Township in its
1997 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, 1996, and
the final budgets as approved by the State Board of Accounts by
January 10, 1997, 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, 1996, and continue through the 31st day of
December, 1996; provided, however, that the City shall continue to
provide the fire protection services set forth above until the next
contract for 1997 is negotiated and ratified between the City and
Township or until the Township has retained alternate fire protec-
CONTRACT FOR FIRE PROTECTION Page 8
tion. In the event that the City has provided Fire Protection in
1997 and a mutually acceptable contract is not reached between the
City and the Township for 1997, the Township shall reimburse the
City based upon the same formula utilized in this agreement based
upon 1996 assessed valuation.
IN WITNESS WHEREOF, the parties have hereunto set their hands
and seals as of the ~ day of
BOARD OF PUBLIC WORKS
Attest:
M~W~ , 1996.
CITY OF CARMEL
Hamilton County,~In 'aria
Date:
Clerk Treasurer
Date: D -ZO -- q
Approved Date.~
·
CLAY TOWNSHIP BOARD
CLAY TOWNSHIP
Hamilton County, Indiana
Clay township Trustee
Date: 7~j ~z~/zg~ / ~