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HomeMy WebLinkAboutD-1632-03 Fire ProtectionORDINANCE NO. D-1632~03 Spo,,o~ ')Councilor Snyder i AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA, APPROVING AND ADOPTING INTERLOCAL FIRE PROTECTION AGREEMENT WHEREAS, Indiana Code 36-I-7 authorizes cooperative endeavors between governmentaI units so as to better and more economically and efficiently serve the public health, safety and welfare; and WHEREAS, Indiana Code 36-1-7-2 authorizes the Common Council to approve such "interlocal agreements;" and WHEREAS, the "interlocal agreement" by and between the City of Carmel, Indiana and Clay Township, Hamilton County, Indiana, pertaining to the provision of fire protection services, a copy of which is attached hereto and incorporated herein as Exhibit A ("interlocal Agreement"), is in the best interests of the City of Carmel and its residents. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of Carmel, Indiana, as follows: Section 1. The foregoing Recitals are fully incorporated herein by this reference. Section 2. The Interlocal Agreement should be and is hereby approved and adopted by the Common Council of the City of Carmel, Indiana. Section 3. The Clerk-Treasurer is hereby directed to file a copy of the Interlocal Agreement with the Hamilton County Recorder and State Board of Accounts within the time periods establistied by Indiana Code 36-1-7-6. Section 4. This Ordinance shall be in full force and effect from and after the date of its passage, execution by the Mayor and such publication as is required by law. PASSED by the Cormnon Council of the City of Cam~el; Indiana, this '/'ha'day of,..)~:~ __., 2003, by avote of '~ ayes and ~ nays. COMMON COUNCIL FOR THE CITy OF C~ r Rob~ ~"a'~tre all .~onald E. C~er ~ 200500014018 Filed ~or Record in~ Prepared by Douglas C. Haney, Carmel Ci~ Aao~ey 03-07-2005 ORDI Spo ..... Councilor Snyder ATTEST: Diana L. Cordray, IAMC, Clerk~T~surer 2003, atP~;e~)'bcYlolI~;:°.~. ~a. yor of the City of Carmel, Indiana, this/~ day of ~, Diana L. Cordray, IAMC, Clerk-Tre~rer App.~ox~ed by me, the Mayor of the City of Carmel, Indiana, this/~day of V/b~ 2003, at ~2 ~ O'clock, ?0. M. rainard, Mayor ATTEST: Diana L. Cordray, IAMC, Clerk-~asurer Council Ordinance No. D- 1632-03 Page Two of Two Pages Prepared by Douglas C. Haney, Carmel City Attorney 2003 CONTRACT FOR FIRE PROTECTION PAGE 1 APPROVED, AS 10 FORM BY: ~ CONTRACT FOR FIRE PROTECTION BETWEEN THE CITY OF CARMEL, INDIANA, AND CLAY TOWNSHIP OF HAMILTON COUNTY 2003 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 1~ day of January, 2003; WITNESSETH: WHEREAS, the City and Township have heretofore entered into contracts for fire protection of the Township; and WHEREAS, the City and Township have agreed to continue fire protection arrangements for the additional period of one (1) year beginning as of January 1, 2003, and continuing through December 31, 2003; and WHEREAS, the City and Township have agreed that fire protection shall not be discontinued until the 2004 Con-ffact 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 and advanced life support emergency service ("life support"), the Communication Center Service, and administer the "911 emergency service" (all the foregoing collectively "Fire Protection"). EXHIBIT A 2003 CONTRACT FOR FIRE PROTECTION PAGE2 2. The Township hereby agrees to leave all of its fire fighting equipment, tracks and accessories, and life support emergency vehicles at the disposal of the City throughout the term of this Agreement. 3. The City will continue to operate the six (6) stations now in use and to operate advanced life support vehicles out of each station. 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 the Fire Department budget shall be the ratio based upon the Township's 2001 (pay 2002) assessed valuation outside the corporate limits compared to the City's 2001 (pay 2002) 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(I/2) of the Communication Center's budget multiplied by the ratio based upon the Township's 2001 (pay 2002) assessed valuation outside the corporate limits compared to the City's 2001 (pay 2002) assessed valuation as they relate to the total of the two. The 2001 (pay 2002) assessed valuation of the Township outside the corporate limits is $1,537,015,000 or 39.78% of the total assessed valuation of the Township. The 2001 (pay 2002) assessed valuation of the City is $2,326,478,066 or 60.22% of the total assessed valuation. 5. The City agrees to maintain a minimum of one hundred twenty six (126) full time, sworn firefighters at all times during the continuation of this agreement, including a full-time, paid Fire Chief, forty two (42) of said firefighters to be assigned to each of three (3) shifts at all times. In the event that firefighters terminate employment during the year, the City will continue to be in 2003 CONTRACT FOR FIRE PROTECTION PAGE 3 compliance with this paragraph so long as it hires replacement firefighters 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 all Township residents. The Fire Chief will be appointed by the Mayor, after consultation with the Township Trustee and the Township Board. 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 the Fire Department and the Communication Center, to carry all necessary insurance on firefighters/personnel and on all buildings and equipment of the City and Township, except the building known as Fire Station No. 45, and to save the Township, the Township Trustee and the Township Board harmless ~om any and all liability, except as to Fire Station No. 45. A copy of the Declaration Page of the Liability Insurance Policy carded by the City on the Fire Department and the Communication Center is attached hereto as Exhibit "C" and a Certificate of Additional Insured is attached hereto as Exhibit "D", naming the Township, the Township Trustee and the Township Board as additional insureds. A copy of the Declaration Page of the Casualty and Premises Liability Policy carried by the Township on Fire Station No. 45 is attached hereto as Exhibit "E' and a Certificate of Additional Insured naming the City as additional insured on Fire Station No. 45 is attached hereto as Exhibit 7. The City shall provide to the Township a complete inventory of all Fire Department apparatus and equipment each year. 8. The City agrees to furnish quarterly statements of all operating expenses on or 2003 CONTRACT FOR FIRE PROTECTION PAGE 4 before the tenth (10t~) day following the end of each calendar quarter. All 2003 Budgeted Amounts appropriately encumbered by the City in 2003 and expended in 2004 shall be separately accounted for and treated as 2003 operating expense for purposes of this Contract. On or before February 15, 2004 the City further agrees to furnish a statement of all 2003 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 comributed for Fire Protection no later than February 15, 2004. 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 oftbe Audit Report. 9. The entire budget for the Fire Department of the City and of the Township in 2003 has been fixed at $13,015,135. 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 $5,177,421 (39.78% of the Fire Department Budget). In the event the expenditures in 2003 are less than $13,015,135, 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 2003 has been fixed at 1,585,694. A copy of said Budget is attached hereto as Exhibit "B". Of that mount it is mutually agreed that the share of the Township shall be $315,395 (39.78% of 50% of the Communications Center Budget). In the event the expenditures in 2003 are less than $1,585,694, the Township's pro rata share of the money unspent shall be refunded as set forth in Paragraph 8 above. 2003 CONTRACT FOR FIRE PROTECTION PAGE 5 11. In order to pay its share of the above expenses in the total amount of $5,492,816, the Township appropriated $5,492,816 and received State Tax Board approval of the appropriation in its Fire Fighting Fund, and by this agreement the Township agrees to pay the entire appropriation of $5,492,816 to the City as payment of its share of the total costs of Fire Protection. 12. The Township further agrees to take all action necessary to seek authorization to borrow funds, if necessary, to enable it to complete the payment of the total amount due and payable for its share of the costs of Fire Protection required pursuant to this Agreement. 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 the City the total sum of $5,177,421(Fire Department) and $315,395 (Communication Center) in the following $2,588,710.50 (Fire Department) on or before July 15, 2003, or within one (1) business day of the Township's and receipt of its tax draw from Hamilton County, $157,697.50 (Communication Center) whichever is later. $2,588,710.50 (Fire Department) and $157,697.50 (Communication Center) on or before December 31, 2003, or within one (1) business day of the Township's receipt o f its tax draw from Hamilton County, whichever is later. manner: Notwithstanding the foregoing scheduled payments, the Township may, at its option, and 2003 CONTRACT FOR FIRE PROTECTION PAGE 6 in lieu of the payments due on December 31st, pay an amount which will: (a) cause the total payments made by the Township pursuant to this Section to equal ninety-five percent (95%) of the scheduled payments for the year; or (b) equal the total percentage of budget actually spent by the Fire Department and Communication Center for the year, as received in writing from the City no later than December 30, whichever amount is greater. In the event the foregoing payments shall be less than the pro rata share of the actual expenditures by the City for the Fire Department and the Communication Center, the Township shall pay to the City an mount necessary to reconcile the actual payment due no later than February 15, 2004. 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 year 2003, 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 shalt~ 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 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 2003 CONTRACT FOR FIRE PROTECTION PAGE 7 funds contributed to the City pursuant to 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 2004 and to assist the Township in its budgeting process, the City agrees to include the Township in its 2004 budget discussions and send to the Township copies of completed budgets as approved by the City Council for the Fire Department and the Communication Cemer by the later of July 1, 2003, or at least seven (7) days before the joint budget meetings, and the final budgets as approved by the State Board of Accounts by January 10, 2004, 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 acknowledge that in consideration of the Township and the City providing advanced life support services (paramedics) in the Township and providing back-up advanced life support service (paramedics) to other units of Hamilton County, Hamilton County has agreed to supplement the costs of providing advanced life support service (paramedics) under this Contract in the amount oftbe County's equivalent funding, per full-time paramedic, to Riverview Hospital in the year 2003 ("County's Annual Supplement"). The City agrees to submit a claim to the County for the County's Annual Supplement on or before December 31, 2003, which claim will be funded upon the County receiving a verifiable income and expense statement from Riverview for the year 2003. The County's Annual Supplement for the year 2003 shall be deposited to the EMS fund or by mutual agreement applied to reduce the 2003 total operating expense for Fire Protection under Paragraph 8 of this Contract. 2003 CONTRACT FOR FIRE PROTECTION PAGE 8 17. The parties acknowledge that in consideration of the Communication Center providing back-up 911 emergency service for the County, Hamilton County has agreed to pay a portion of the salary of the Communication Center's director for the year 2003 in the amount of Forty-Five Thousand Dollars ($45,000.00) (''County's Salary Supplement"). The City agrees to submit a claim to the County for the County's Salary Supplemem on or before December 31, 2003. The County's Salary Supplement for the year 2003 shall be applied to reduce the year 2003 total operating expense for the Communications Center under Paragraph 10 of this Contract. 18. 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~ 19. This agreement shall be in full force and effect as of the 1 a day of January2003, and cominue through the 314 day of December, 2003, provided, however, that the City shall continue to provide the fire protection services set forth above until the next contract for 2004 is negotiated and ratified between the City and Township or until the Township has retained alternate fire protection. In the event this Agreement is terminated, all jointly owned fire apparatus and equipmem shall be divided between the parties in a mutually agreed upon manner and in proportions equal to the average share of monies contributed by each party in the 5 prior calendar years mediately preceding the year of contract termination. In the event that the City has provided Fire Protection in 2004 and a mutually acceptable contract is not reached between the City and the Township for 2004, the Township shall reimburse the City based upon the same formula utilized in this agreement based upon 2002 pay 2003 assessed valuation. 2003 CONTRACT FOR FIRE PROTECTION PAGE 9 IN WITNESS WHEREOF, the parties have hereunto set their hands and seals as of the Board of Public Works and Safety City of Carmel Hamilton County, Indiana J~es Bralnard, Mayor Date: Approved Date: ~q - ~ ~~ o:1 CLAY TOWNSHIP BOARD ~/~ames'C. Dill-on, C~ p~~ Sec~ ~ ~ Ec~d~em~r CLAY TOWNSHIP Hamilton County, Indiana Ju 't~. Hagan, Trustee Date: