Clay Township Fire Protection Agreement2015 Contract For Fire Protection
2015
CONTRACT FOR FIRE PROTECTION BETWEEN
THE CITY OF CARMEL, INDIANA
AND
CLAY TOWNSHIP OF HAMILTON COUNTY
THIS AGREEMENT, made and entered into by and between the City of Carmel.
Hamilton County, Indiana, hereinafter called the "City," and Clay Township, Hamilton County,
Indiana, hereinafter called the "Township," as of the 1st day of January, 2015.
WITNESSETH:
WHEREAS, the City and the Township have heretofore entered into contracts for fire
protection of the Township; and
WHEREAS, the City and the Township have agreed to continue fire protection
arrangements for the additional period of one (1) year beginning as of January 1, 2015 and
continuing through December 31, 2015; and
WHEREAS, the City and the Township have agreed that fire protection shall not be
discontinued until the 2016 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 and advanced life support emergency service ("life
support"), the Communication Center Service, and administer the "911 emergency service" (all
the foregoing collectively "Fire Protection").
2. The Township hereby agrees to leave all of its fire fighting equipment, trucks 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 2015 Fire Department budget shall be the ratio based upon the Township's 2014 (pay
2015) assessed valuation outside the corporate limits compared to the City's 2014 (pay 2015)
assessed valuation as they relate to the total of the two. The proportionate share of the Township
for the 2015 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 2014 (pay 2015) assessed
2015 Contract For Fire Protection
valuation outside the corporate limits compared to the City's 2014 (pay 2015) assessed valuation
as they relate to the total of the two. The 2014 (pay 2015) assessed valuation of the Township
outside the corporate limits is certified as $198,603,086 or 3.00% of the total assessed valuation
of the Township. The 2014 (pay 2015) assessed valuation of the City is certified as
$6,453,492,202 or 97.00% of the total assessed valuation. These certified values and percentages
are subject to change by the Hamilton County Auditor and Department of Local Government
Finance.
5. The City agrees to maintain a minimum of one hundred forty-four (144) full time,
sworn firefighters at all times during the continuation of this agreement, including a full-time,
paid Fire Chief, a minimum of forty (40) 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 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 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 the Township, except the building known as Fire
Station No. 45, and to save the Township, the Township Trustee and the Township Board
harmless from any and all liability, except as to Fire Station No. 45. A copy of the Declaration
Page of the Liability Insurance Policy carried by the City on the Fire Department and the
Communication Center is attached hereto as Exhibit "A" and a Certificate of Additional Insured
is attached hereto as Exhibit "B", naming the Township, the Township Trustee and the Township
Board as additional insured. 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 "C"
and a Certificate of Additional Insured naming the City as additional insured on Fire Station No.
45 is attached hereto as Exhibit "D".
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
before the tenth (10th) day following the end of each calendar quarter. All 2015 Budgeted
Amounts appropriately encumbered by the City in 2015 and expended in 2016 shall be
separately accounted for and treated as 2015 operating expense for purposes of this Contract. On
or before February 15, 2016, the City further agrees to furnish statements of all 2015 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 February 15, 2016, with regard to 2015 unspent monies. In the event that
the State Board of Accounts Audit of the City of Carmel Requires an adjustment of the above
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2015 Contract For Fire Protection
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
2015 has been fixed at $21,972,815.00. A copy of said Budget is attached hereto as Exhibit "E".
Of that amount, it is mutually agreed that the share of the Township should be $659,184.45 or
3.00% of the Fire Department Budget. In the event the expenditures in 2015 are less than
$21,972,815.00 the Township's pro rata share of the money unspent shall be refunded as set forth
in Paragraph 8 above. However, all of the above is subject to and conditioned upon the approval
of the budgetary authorities of the City and the Township.
10. The entire budget for the Communications Center of the City and of the
Township in 2015 has been fixed at $2,574,590.00. A copy of said Budget is attached hereto as
Exhibit "F". Of that amount it is mutually agreed that the share of the Township shall be
$38.618.85 (3.00%o of 50%) of the Communications Center Budget. In the event the
expenditures in 2015 are less than $2,574,590.00 the Township's pro rata share of the money
unspent shall be refunded as set forth in Paragraph 8 above. However, all of the above is subject
to and conditioned upon the approval of the budgetary authorities of the City and the Township.
11. In order to pay its share of the above expenses for the year 2015 in the total
amount of $697,803.30 the Township appropriated and will seek Dept. of Local Government
Finance approval of an appropriation in its Fire Fighting Fund of $697,803.30. By this
Agreement, the Township agrees to pay the entire appropriation of $697,803.30 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 $659,184.45 (2015 Fire Department Budget) and $38,618.85 (2015 Communication
Center) in the following manner: $329,592.22 (Fire Department) and $19,309.42
(Communication Center) on or before July 15, 2015, or within one (1) business day of the
Township's receipt of its tax draw from Hamilton County, whichever is later, plus $329,592.22
(Fire Department) and $19,309.42 (Communication Center) on or before December 31, 2015, or
within one (1) business day of the Township's receipt of its tax draw from Hamilton County,
whichever is later. Notwithstanding the foregoing scheduled payments, the Township may, at its
option, and in lieu of the payments due on December 31", 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, if 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
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2015 Contract For Fire Protection
amount necessary to reconcile the actual payment due no later than February 15, 2016, for 2015
costs. In addition to the foregoing payments, on or before December 31, 2015, the Township
shall distribute to the City, from County Option Income Taxes available to the Township, a one-
time payment in the amount of $352,816.00.
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 2015, 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, and the Township is unable to obtain an emergency loan, despite its best efforts, 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 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 2016 and to assist the Township in its budgeting process, the City agrees to include
the Township in its 2016 budget discussions and send to the Township copies of completed
budgets as proposed by the Mayor for the Fire Department and Communication Center by the
later of July 1, 2015, or at least seven (7) days before the joint budget meetings, and the final
budgets as approved by the Department of Local Government Finance by February 28, 2016, 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 1" day of January 2015.
and continue through the 31" day of December 2015, provided, however, that the City shall
continue to provide the fire protection services set forth above until the next contract for 2016 is
negotiated and ratified between the City and the Township or until the Township has retained
alternate fire protection. In the event this Agreement is terminated, all jointly owned fire
apparatus and equipment shall be divided between the parties in a mutually agreed upon manner
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2015 Contract For Fire Protection
CLAY TOWNSHIP
Hamilton County, Indiana
Bv:
Douallahan, Clay Township Trustee
Date: December 15. 2015
CLAY TOWNSHIP BOARD
Mary Eckard, Chairm
Date: December 15. 701 5
9�f,�c/r
Matthew. St ydif'S j etary
atic 4
Date: December 15. _015
Paul K. Bolin, Member
Date: December 15. 2015
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2015 Contract For Fire Protection
and in proportions equal to the average share of monies contributed by each party in the five (5)
prior calendar year immediately preceding the year of contract termination. In the event that the
City has provided Fire protection in 2016 and a mutually acceptable contract is not reached
between the City and the Township for 2016, the Township shall reimburse the City based upon
the same formula utilized in this Agreement based upon 2014 (pay 2015) assessed valuation.
IN WITNESS WHEREOF, the parties have hereunto set their hands and seals on the 16n'
day of December, 2015.
CITY OF CARMEL, INDIANA
By and through its Board of Public Works and Safety
w ( `
fires Brainard, Presiding Officer
ate: December 16, 2015
Mary Ann urke, Member
Date: D ember_6 2015
Loratson, Member
Date: I ecember 16, 2015
ATTEST:
iana Cordray, IM A, Clerk -Treasurer
Date: December 16, 2015
5
Sandra M Johns(
flnnl ty Clerk Foi