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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 1995 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, 1995; 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) of January 1, 1995, and continuing through year beginning as December 31, 1995; WHEREAS, the Protection and City and Township have agreed that said Fire shall not be discontinued until the 1996 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 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. 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 1994 assessed valuation compared to the City's 1994 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 1994 assessed valuation compared to the City's 1994 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 contract for Fire Protection 3 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. 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 1995 Budgeted Amounts appropriately encumbered by the City in 1995 and expended in 1996 shall be Contract for Fire Protection 4 separately accounted for and treated as 1995 operating expense for purposes of this Contract. On or before February 28, 1996, the City further agrees to furnish a statement of all 1995 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 July 15, 1996. 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 1995 has been fixed at $6,051,267.00. 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 $2,553,635.00 (42.2%). In the event the expenditures in 1995 are less than $2,553,635.00, 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 1995 has been fixed at $787,481.00. 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 $166,158.00 (42.2% of 50%). In the event the expenditures in 1995 are less than $166,158.00, the Township's pro rata share of contract for Fire Protection 5 the money unspent shall be refunded as set forth in paragraph 8 above. 11. In order to pay its amount of $2,719,793.00, the share of the above expenses in the Township appropriated $2,719,793.00 and received State Tax Board approval of the appropriation in the sum of $1,805,393.00 in its Fire Fighting Fund due to levy limits, and by this agreement, the Township agrees to pay the entire appropriation of $1,805,393.00 to the City as payment of its share of the total costs of Fire Protection less any refund due it by reason of money unspent out of the 1994 budget of the Carmel Fire Department. 12. The Township further agrees to seek authorization to borrow funds in an amount.not to exceed $914,400.00 to enable it to complete the payment of the total sum of $2,719,793.00 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 herdby agree to pay said City the total sum of $2,553,635.00 (F~re Department) Center) in the following manner: $1,276,818.00 (Fire Department) and $83,079.00 '(Communication Center) and $166,158.00 (Communication on or before July 15, 1995, or within one (1) business day of the Township's receipt of its tax draw from Hamilton County, whichever is later. contract for Fire Protection $1,276,817.00 and (Fire Department) on or before December 31, 1995, or within one (1) business day of the Township's receipt of its tax draw from Hamilton County, whichever is later. $83,079.00 (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 1995 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 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 1996 and to assist the Township in its budgeting process, the City agrees to include the Township in its 1996 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, 1995, and the final budgets as approved by the State Board of Accounts by January 10, 1996. 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, 1995, and continue through the 31st day of December, 1995; provided, however, that the City shall continue to provide the fire protection services set forth above until the next contract for 1996 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 1996 and a mutually acceptable contract is not reached between the contract for Fire Protection 8 City and the Township for 1996, 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 BOARD OF PUBLIC WORKS CITY OF-CARMEL AND SAFETY H~ Ted Jo] Attest: Date: ~ nty, ~ndiana Susan W. Jones, Clerk Treasurer Date: Approved Date: ~,/2J7////~' CLAY 4NSHIP BOARD CLAY TOWNSHIP Hamilton County, Indiana Da~e:~//7 410-10000 FULL Time RE;UL,~R 41.n-II000 PORT TI~E 410-12.000 OUERTI~E 41 0-I 2001 SCNEDULEB 41 O-I 200Z UNSC~!E~IJI. EO q10-12003 410-2!000 E~PLGYER'S SH~RE OF SOC ~!O-2Z.000 [i1PLOYER'S SH~RE OF 410-Z300i UNZFO~E~ 410-2300Z CIU[L[~N 4t0-26000 REFERE~ENT BENEFITS - F ~20-30i00 STATIONERY ~NO BP, ZNTEI) 4zo.- Oo OFFZCE SUPPLIES 470-31100 BOTTLEO GOS 420-31300 OIESEL FUEL 420-31~00 GOSOLINE 420-31500 OIL BUGGET 3,206, 724.00 3%,913.00 272,050.00 ~93,i88.Q.(L 6,206. 2~000:00 6~ 500. O0 950 OL) 6]50.00 % 000. O0 780. OO ' 2s 420':32000Z::~TiRES RNl] TUllES .: !:':: 5;500,00 '~ ('~ ~ q2Oj~2:~O0 ~:!~!G~RAGE RNO MOTOR SUPPLi ::::=:::= 2,750. O0 8 ~ q2O:~d6'~:~:~:~bZl::DI~ ,ATERr~LS z ': :' ":':I, 900, qO - ,: - 420-36500 S~LT ~ND COLCIU~ 300 On _ F~; 422-~7~0 REP~!R F~RFS :: ::: :~::::j??E::;>>E:;~::~>2Q~O00.O0 - ,~) 4ZO..3ECog S~6LL TeES AND HINDRE ~:~'=::~:~1,500.00 )'a2).~2Ctz:~'}~O_..OZ~C~_~.~!lE~Nq sm]P=~i::::::~:::::~1:'= ~ q20-390ol LIKENS 8 BLONKETS z, OoO:O0 ~.) ~ q20-39002 REFERENCE HANUALS 500.O0 36 qPO-~gQll SPFCTAL AFPART~FNTAI SU 5,150 ~2 q20-39099 OTHER ~ISCELLRNEOUS 5, QOQ.QO .> ~i q30-qOqO0 CONSULTING FEES 500.00 4s 4~O;~O~OZ _~E~[~L. ~Ez!L.[~ Ca'J~SE~j~L ............. ~ 4]0-~079~ OTHER ~EBICAL ,~ _ q30-q1901 FILM OEUELOP~[HT 600.~0 4e 4ZO-d190] S~FTWARF SlIPP.0RT 750 s~OOq T~ PER DIE~S 200.~ EXHIBIT FUN OBJ BESCR[FTIOH 1995 BUBGET BEPT: q30-~O00 q3O-q~500 q30-q5001 430-q5002 ~)30-47000 170 FIRE DEFT TELEPHONE LINE AND TOLL FAX LINE AND TOLL CHANG INTERNAL M~IERIALS PROMOTIONAL S SPECIAL P UORK~EN'$ CO~PENSATIO~ 10,500.00 430. QO 100.00 2,000.00 18,900.00 q30~)7560:~: GEH~RAL':iNSURANdE 83,900. O0 430~q8000 ELECTRICITY 24,500.00 430-q8500UATFR ~ND S~R ~,700 O0 q3O-qAOOO GAS N,OOQ.OO 430-50100 EUILBIHG REPAIRS & ~AIN 20,000.00 j 430-50101 TRASH COLLECTION ?200 O0 ~9~3~q0~ :E' CO~i:R~T~B GROUNDS flazH I, 320. oo :~:: :=~3~:5~_::::CO~T:RRdED=:RADi~:~R~HTE 3,500.00 ::~ 43~:56~ ::=:CoH~=D='cE:~H~HG SEA 3,000 do q30-SQ~O0 OTHER CONTRACTED SERUIC 10,000.00 _ 5,061 O0 ' 't...., ~ .v~ SOFTWARE 1,TOO GO AUTG~G~ILE LEASE ~05T~qE .~TE~ .......... ~a.~ r~ .. !:"..qZO-SR,l'QO .jLr~ER. FEES_.qH!!.. LICENSES__ 4o 430=59000 ~,,, 4~ 440-61000 42 4qO-AXO0~ ~{ q40-6:]100 L,> 4o-63201 SPECIAL PROjECTS BUILBIHC AND BUILDIHg I rlIeNTTI)RF ANn F{XTURFq 8,310 O0 CI)~UNICATION EqUIP~EHI ~,0~0.00 H~RBWARE 5,604.00 2oo.oo 3 Y, qqO-63SO0 GROUNDS MAINTENANCE 800. O0 440-64000 OFFICE EQUIPMENT 500. O0 ................. _.. ~:~:~:~0-67'3G~ OTHER EqUIPmENT [; ~ 430-53099 OTHER RENTAL & LEASES 1,200.00 '~'~) ~ 430-55200 SUBSCRIPTIONS 4,656.00 a~ ~30-56003 SAFETY c ) 3j q30-57001 TRRIHIHG FEES (INTERNAL 1,500.00 ~s q~O-~ T~ZNTN~ FF~S (FXTF~I AOO O0 ~ 3o) ~30-~70~,q iHSTRUCTIGH~L FEES (EXT 8,600.00 FY-FUNB: 9q 101 GENERAL FUND TUN OSJ BESCRIPTION 8EPT: l~O FIRE OEPT 7:. ~'~ Co~FZ~En SPACE RESCUE ~40-670~90THEP~_~,QUIPMENT q~0-69000 LIBRARY REFERENCE MATER DEPT: 1~0 TOTfiL * * * 199~ ~UBgET 300. O0 400.00 6,051.267,00 46 FUM OBJ DfSCRZPTION Ig~5 BUQCET . ~lO-!OOCO FULL TI~E REGULfiR qG2,759.lg 410-~2000 OUERTi~E qlO-2iQOO [~PLOYER'S SHARE OF SOC ~B, q61.08 qlO-?~OOO F~PLOYER'S SH~RE OF HEft qI0-23000 EMPLOVER'S SH~RE OF PER 25,87Q.00 qlO-ZBQOO CLOTHIHG ALLOWANCE q~O-lOQOO OFFIC!fL FnR~S 750 ~ZO-ZO!OO ST~TIOHER~ AN~ PRIHTE~ 250.0~ 420-~0200 OFTICE SUPPLIES 2,350.00 420-31100 BOTTLED GA~ 800 O0 ~0:;:4~0-~'~00 :g~SQLINE 900,00 4~0-1i~60 ~Ti7 ::~:i:~ 150 420-32000 TIRES AHB TU~[S 420-32100 gaRA~E aHB ~OTOR SUPeLI 470-~000 8UI[BTN~ ~AT[RT~IS ~ C' ~:42D-lReO0 ::!:OfHER~i~:I/~:N~NCFSUPPi :::: 750 nO _- q20-39OOO llISCELLANEOUS SUPPLIES ~ C' =! 420-~9002 RETEREHCE MANUALS 1,000.00 a~ 420-3~012 SRFETY SUPPLIES ~5 O0 slz:'~ZO-190~3 ELECTRONICS BOO.CO (._'5 ~z:~20-3~:~]2 PGSTS& NAitD~A2E 3~ . q~.l,_.]~i fiTP;~)IC'PP I a~r~r:e ~ ~ict ~r (.~, as 430-40701 EXfi~S ~OQ.O0 as 41n-42O~ P~TA~F AOO ~O __:: ..... ,,C) !!::!:i~j~qlaO2 TRAiN!N; TReUEL; LO~I 1,5OO.O0 a_.~o q30-qqOOO TELEPHONE LINE AND TOLL lO,50O.O0 L !L q30-qBOOO PRINTING, OTHER THAN OF 4~]O-q_~.~O~1 THTFRH~I MATFRT~I ~ %100 ~0 L_. ~_!:~i0-47CC0 $JORK.".EN'S CO~PE~S~iAu~ ~s :i2%:.'.73~_GE.N_%t~L_IH~U~H[E ......... ~ inn ~C 4e q30-qBOOg EL[CTRICITV 9,520.00 ' L_ 4._Z q30-q8500 WATER AHD SEWER 500.00 ~a 430-~900~ CAS 15~0 60 42;i:~:!!:iiiii~:~iP~EHT KEPAIRS & ~Al :::::::::::::::::::::::::: ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: :s O oo :::? ~ 4]0-50S00 COHTRACTEO RADIO ~AINTE JY,500.O0 &! q, / o,--I,, 'TE' ,L'I FV-FU~'~D: 9't i,,'! GU~E~L FUNB DEPT: :: ~30-BOGOO CO~TR.~CTED CLEANZNG SER 430-50~00 OT~!ER CONTRACTED SERUIC 430-51000 flUTO NEPfiIRS ~ fifilNTEHR 430-51500 fiAINTENRNCE CONTRACTS 410-5!501 EOII!PMENT 430-52600 AUTOMOBILE LEASE 4ZO-B2700 RIGHT-OF-NBY LEASE ~-5309g nTHER RENTAL & LEASES 430-55i00 PROMOTIONAL FUNDS 4~0-55~00 SUBSCRIPTIONS 4~0-57000 TRAIRINOSE~I~RS: 430-~7002 TRAINING FEES (EXTERNAL ~0-~700~ INSTRUCTIONAL FEES (EXT 4~0-~200 SPECIAL INUESTIOfiTION F 115 COmmUNICATION CENTER J BUDGET 1,0OO.OO LOOO.O0 ~00.00 ::150:=00 1,000. O0 1,500. O0 :'!: ' __ ~ ~q0-63200 COfiPUTER EQUIPMENT ~ L:: 29 q40-63201 HARDMARE q40-63202 SOFTWARE ~ qqO-69000 LIBRSRY REFERENCE fiRTIE .~._~ 36 BEPT: 115 TOTAL * * * 787~q80 75