Fire Joinder Carmel/Clay CO~'£MACT FOR FIRE PROTECTION
BETWw. w.~ THE CITY OF ~r., INDIANA, AND
CT.Ay TOWNSHIP OF HAMILTON COUNTY
1994
THIS AGREEMENT, made and entered into by and between the City
of Camel, Hamilton County, Indiana, hereinafter called "City" and
Clay Township, Hamilton County, Indiana, hereinafter called
of the 1st day of January, 1994;
"Township" as
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, 1994, and continuing through
December 31, 1994; and
WHEREAS, the City and Township have agreed that said Fire
Protection shall not be discontinued until the 1995 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
Protection").
2. The Township hereby agrees to
service"
(herein "Fire
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 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
assessed valuation computed to the City's 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 of the Communication Center's budget multiplied by the ratio
based upon the Township's assessed valuation computed to the City's
assessed valuation as they relate to the total of the two.
5. The City agrees to maintain a minimum of sixty-seven (67)
full time, paid firemen at all times during the continuation of
this agreement, including a'full time, paid Fire Chief, twelve (12)
of said firemen to be on duty at all times, with at least six (6)
full time, paid firemen to be maintained at the Carmel Headquarters
Fire Station. In the event that firemen terminate employment
Contract for Fire Protection 3
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 building 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 operation 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. On or before February 28, 1995, the City
further agrees to furnish a statement of all 1994 Budgetary items
and expenditures
contract amounts.
of unspent monies
in a format which can be reconciled to the
The City shall repay to the Township its share
contributed for Fire Protection no later than
Contract for Fire Protection 4
July 15, 1995.
of the City
computations,
In the event that the State Board of Accounts Audit
of Carmel requires an adjustment of the above
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 fire department of the City and of
the Township 1994 has been'fixed at $4,683,353.00. 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
$1,920,175.00. In the event the expenditures in 1994 are less than
$4,683,353.00, 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 1994 has been fixed at $763,314.00.
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 $157,279.00. In the event the expenditures in 1994 are less
than $763,314.00, 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 $2,077,454.00, the Township appropriated $2,077,454.00
and received State Tax Board approval of the appropriation in the
sum of $1,373,432.00 in its Fire Fighting Fund due to levy limits,
and by this agreement, the Township agrees to pay the entire
appropriation of $1,373,432 to the City as payment of its share of
Contract for Fire Protection 5
the total costs of Fire Protection less any refund due it by reason
of money unspent out of the 1993 budget of the Carmel Fire
Department.
12. The Township further agrees to seek authorization to
borrow funds in an amount not to exceed $704,022.00 to enable it
to complete the payment of the total sum of $2,077,454.00 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
$1,920,175.00 (Fire Department) and $157,279.00 (Communication
Center) in the following manner:
$960,088.00 (Fire Department)
and
$78,640.00 (Communication
Center)
on or before July 15, 1994,
less any credit due the
Township under paragraph
8 and 9 of Contract for
Fire Protection betweenthe
parties hereto covering the
year 1993 and subject to
the borrowing status of the
Township
$960,087.00 (Fire Department)
and
on or before December
1994.
$78,639.00 (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 1994 year, the City shall notify the Township
in writing no later than thirty (30) days prior to the need of
Contract for Fire Protection 6
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
whether an additional appropriation for the year
total budget or
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-
guent years 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 as an offset against 1995 funding
requirement.
15. In anticipation of a Contract for Fire Protection between
the City and the Township in 1995 and to assist the Township in its
budgeting process, the City agrees to 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, 1994, and
the final budgets as approved by the State Board of Accounts by
January 10, 1995.
contract for Fire Protection
16. The parties'agree that all requests for payments and/or
adjustments to payments, pursuant to this fire contract, shall ~e
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 l~t day of January, 1994, and continue through the 31st day of
December, 1994; provided, however, that the City shall continue to
provide the fire protection services set forth above until the next
contract for 1995 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
1995 end a mutually acceptable contract is not reached between the
City and the Township for 1995, 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
and seals as of the /~ day of
BOARD OF PUBLIC WORI(S
Attest:
, 1994.
CITY OF CARMEL
Hamil on nty, Indiana
Ted Jo , Mayor.
· ~
D .~~ ~/'~
Susan W. Jones, Clerk Treasurer
Date:
Contract for Fire Protection s
CLAY TOWNSHIP
Hamilton County, Indiana
C~Y TO~SHIP BO~