Fire Joinder Carmel/ Clay CONTRACT FOR FIRE PROTECTION
BETWEEN THE CITY OF CARMEL, INDIANA, AND
CLAY TOWNSHIP OF HAMILTON COUNTY
1998
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, 1998;
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 I, 1998, and
continuing through December 31, 1998; and
WHEREAS, the City and Township have agreed that said Fire Protection shall not be
discontinued until the 1999 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 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.
CONTRACT FOR FIRE PROTECTION
PAGE 2
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 Carreel
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 1997 assessed valuation
compared to the City's 1997 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 (th)
of the Communication Center's budget multiplied by the ratio based upon the Township's 1997
assessed valuation compared to the City's 1997 assessed valuation as they relate to the total of the
two.
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 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"
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.
CONTRACT FOR HRE PROTECTION
PAGE 3
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 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 1998 Budgeted Amounts
appropriately encumbered by the City in 1998 and expended in 1999 shall be separately accounted
for and treated as 1998 operating expense for purposes of this Contract. On or before February
28, 1999, the City further agrees to furnish a statement of all 1998 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, 1999. 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.
9. The entire budget for the Fire Department of the City and of the Township in 1998
has been fixed at $7,797,782.00. A copy of said budget is attached hereto as Exhibit "A". Of
CONTRACT FOR FIRE PROTECTION
PAGE4
that amount, it is mutually agreed that the share of the Township should be $3,119,113.00 in the
Fire Department budget. In the event the expenditures in 1998 are less than $7,797,782.00, 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 1998 has been fixed at $942,607.00. 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 $188,521.00
(40.0% of 50%). In the event the expenditures in 1998 are less than $942,607.00, 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 $3,307,634.00, the
Township appropriated $ 330763~-. oo
appropriation in the sum of $ 2831529.00
and by this agreement, the Township
and received State Tax Board approval of the
in its Fire Fighting Fund due to levy limits,
agrees to pay the entire appropriation of
$ 2831529. oo to the City as payment of its share of the total costs of Fire Protection.
12. The Township further agrees to seek authorization to borrow funds in an amount
not to exceed $ 5ooooo. oo to enable it to complete the payment of the total sum of
$3,307,634.00 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 $3,119,113.00 (Fire Department) and $188,521.00 (Communication Center) in the
following manner:
CONTRACT FOR FIRE PROTECTION PAGE 5
$1,559,556.50
and
(Fire Department)
on or before July 15, 1998,
or within one (1) business
day of the Township's
receipt of its tax draw
from Hamilton County,
whichever is later.
on or before December 31,
1998, or within one (1)
business day of the
and Township' s receipt of its
tax draw from Hamilton
County, whichever is later.
$ 94,260.50 (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 1998
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
94,260.50 (Communication Center)
$1,559,556.50 (Fire Department)
CONTRACT FOR FIRE PROTECTION PAGE 6
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 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 1999 and to assist the Township in its budgeting process, the City agrees to include the
Township in its 1999 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, 1998, and the final budgets as approved by the State Board of Accounts by January
10, 1999, 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 1st day of January, 1998,
and continue through the 31st day of December, 1998; provided, however, that the City shall
continue to provide the fire protection services set forth above until the next contract for 1999 is
negotiatefi 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 1999 and a mutually
CONTRACT FOR HRE PROTECTION PAGE 7
acceptable contract is not reached between the City and the Township for 1999, the Township
shall reimburse the City based upon the same formula utilized in this agreement based upon 1998
assessed valuation.
IN WITNESS WHEREOF, the parties have hereunto set their hands and seals as of the
· day of..~;efi., q4, ~
BOARD OF PUBLIC WORKS
AND SAFETY
,1998.
CITY OF CARMEL
Hamilton County, Indiana
Date: ,~' ~' ~'a~
Approved Date:
CLAY TOWNSHIP
Hamilton County, Indiana
Clay Township Trustee
Date:~ i'~ ~'
CL~~P BOARD