Fire Joinder Carmel/Clay CONTRACT FOR FIRE PROTECTION
BETWEEN THE CITY OF CARMEL, INDIANA, AND
CLAY TOWNSHIP OF ~ILTON COUNTY
1997
THIS AGREEMENT, made and entered into by and between the City of Cannel, Hamilton
County, Indiana, hereinafter called "City" and Clay Township, Hamilton County, Indiana,
hereinafter called "Township" as of the 1st day of January, 1997;
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 fnce protection
arrangements for the additional period of one (1) year beginning as of January 1, 1997, and
continuing through December 31, 1997; and
WHEREAS, the City and Township have agreed that said Fire Protection shall not be
discontinued until the 1998 Contract is negotiated and ratified between the parties or until the
Township has retained alternate ftre protection.
NOW, THEREFORE, it is mutually agreed by and between the parties hereto as follows:
1. The City agrees to furnish f~re protection service to the residents of the Township
outside the limits of the City, including basic life support and advanced 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 and advanced life support emergency vehicle(s) at the disposal
of said City.
3. The City will continue to operate the five (5) stations now in use and to operate
basic life support out of all stations and advanced life support vehicles out of the stations 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 1996 assessed valuation
compared to the City's 1996 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 Centerls budget multiplied by the ratio based upon the Township's 1996
assessed valuation compared to the City's 1996 assessed valuation as they relate to the total of the
two.
5. The City agrees to maintain a minimum of one hundred six (106) full-time, paid
firemen at all times during the continuation of this agreement, including a full4ime, paid Fire
Chief, twenty-four (24) of said firemen to be on duty at all times, with at least ten (10) full-time,
paid fncemen to be maintained at the Carreel 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"
CONTRACT FOR FIRE PROTECTION PAGE 3
services and make the same available to the 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 said Fire Deparunent and said
Communication Center, to carry all necessary insurance on fLremen/personnel and on all buildings
and equipment of the City and Township, and to save the Township, the Township Trustee and
the Towmhip 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 insureds.
7. The City has provided to the Township a complete inventory 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 1997 Budgeted Amounts
appropriately encumbered by the City in 1997 and expended in 1998 shall be separately
accounted for and treated as 1997 operating expense for purposes of this Contract. On or before
February 28, 1998, the City further agrees to furnish a statement of all 1997 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, 1998. In the event that the State Board of Accounts Audit of the City of
Carreel 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.
CONTRACT FOR FiRE PROTECTION PAGE 4
9. The entire budget for the Fire Depat huent of the City and of the Township in 1997
has been fixed at $7,504,381.00. 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 $3,001,753.00'in the
Fire Department budget, plus $143,161.60 for pensions, totalling $3,144,914.60 (40%). In the
event the expenditures in 1997 are less than $7,504,381.00, 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 i ~//';'
in 1997 has been fixed at $866,531.00. 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 $173,306.00
(40.0% of 50%). In the event the expenditures in 1997 are less than $866,531.00, 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 mount of $3,175,059.00, the
T~wnshipappr~priated$3~762~425.~~andreceivedStateTaxB~ardappr~va~~ftheappr~priati~n
in the sum of $1,471.257.00 in its Fire Fighting Fund due to levy limits, and by this agreement,
the Township agrees to pay the entire appropriation of $1,471,257.00 to the City as payment of
its share of the total costs of Fire Prote~.tion.
12. The Township further agrees to seek authorization to borrow funds in an amount
not to exceed $1,703,802.00 to enable it to complete the payment of the total sum of
$3,175,059.00 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
CONTRACT FOR FIRE PROTECTION PAGE 5
sum of $3,001,573.00 (Fire Department) and $173,490.00 (Communication Center) in the
following manner:
$1,500,877.00
and
(Fire Department
and Pension)
on or before July 15, 1997,
or within one (1) business
day of the Township's
receipt of its tax draw
from Hamilton County,
whichever is later.
86,653.00 (Communication Center)
$1,500,876.00
and
(Fire Department)
on or before December 31,
1997, or within one (1)
business day of the
Township's receipt of its
tax draw from Hamilton
County, whichever is later.
$ 86,653.00 (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 1997
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.
CONTRACT FOR FIRE PROTECTION PAGE 6
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 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 fimds 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 1998 and to assist the Township in its budgeting process, the City agrees to include the
Township in its 1998 budget discussions and send to the Township copies of completed budgets
as approved by the City Council for the Fire DeparUnent and the Communication Center by
September 1, 1997, and the final budgets as approved by the State Board of Accounts by January
10, 1998, or within thirty (30) days after receipt of fmal 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, 1997,
and continue through the 31st day of December, 1997; provided, however, that the City shall
CONTRACT FOR FIRE PROTECTION PAGE 7
continue to provide the fire protection services set forth above until the next contract for 1998 is
negotiated and ratified between the City and Township or until the Township has retained alternate
fire protection. In the event that the City has provided Fire Protection in 1998 and a mutually
acceptable contract is not reached between the City and the Township for 1998, the Township
shall reimburse the City based upon the same formula utilized in this agreement based upon 1997
assessed valuation.
IN WITNESS WHEREOF, the parties have hereunto set their hands and seals as of the
/,~;~ day of (';~, .r
.;
BOARD OF PUBLIC WORKS
AND]SAFETY
,1997.
CITY OF CARMEL
Attest:
~-'~ t,~ /~-'
'L ¥ '
Clerk Treasurer L
Date: ~//';/q 7
Approved Date:
CLAY TOWNSHIP
Hamilton County, Indiana
Date:
CONTRACT FOR FIRE PROTECTION PAGE 8
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CLAY TOWNSHIP BOARD