Fire Joinder Carmel/Clay Twp
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2007 CONTRACT FOR FIRE PROTECTION
2007
CONTRACT FOR FIRE PROTECTION
BETWEEN THE CITY OF CARMEL, INDIANA
AND
CLAY TOWNSHIP OF HAMIL TON 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 ofJanuary, 2007.
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 ofJanuary 1,2007, and continuing through December 31, 2007;
and
WHEREAS, the City and the Township have agreed that fire protection shall not be discontinued until
the 2008 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:
I. The City agrees to furnish fire protection service to the residents ofthe 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.
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2007 CONTRACT FOR FIRE PROTECTION
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 2007 Fire
Department budget shall be the ratio based upon the Township's 2006 (pay 2007) assessed valuation outside
the corporate limits compared to the City's 2006 (pay 2007) assessed valuation as they relate to the total ofthe
two. The proportionate share ofthe Township for the 2007 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 2006 (pay
2007) assessed valuation outside the corporate limits compared to the City's 2006 (pay 2007) assessed
valuation as they relate to the total of the two. The 2006 (pay 2007) assessed valuation of the Township
outside the corporate limits is certified as $1,635,076,469.00 or 20.15% of the total assessed valuation ofthe
Township. The 2006 (pay 2007) assessed valuation of the City is certified as $6,478,727,753.00 or 79.85% of
the total assessed valuation. These certified values and percentages are subject to change by the Hamilton
County Auditor and the 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 Chiefwill 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 the
Township, except the building known as Fire Station No. 45, and to save the Township, the Township Tmstee
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2007 CONTRACT FOR FIRE PROTECTION
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 "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 "F".
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
(I Olh) day following the end of each calendar quarter. All 2007 Budgeted Amounts appropriately encumbered
by the City in 2007 and expended in 2008 shall be separately accounted for and treated as 2007 operating
expense for purposes of this Contract. On or before February 15, 2008, the City further agrees to furnish
statements of all 2007 budgetary items, expenditures and encumbrances in a fonnat 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, 2008, with regard to 2007 unspent monies. In the event that the State
Board of Accounts Audit of the City of Cannel 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 2007 has been
fixed at $17,022,330.00. A copy of said Budget is attached hereto as Exhibit "A2". Of that amount, it is
mutually agreed that the share of the Township should be $3,429,999.50 or 20.15% of the Fire Department
Budget. In the event the expenditures in 2007 are less than $17,022,330.00, the Township's pro rata share of
the money unspent shall be refunded as set forth in Paragraph 8 above. All of the above is subject to and
conditioned upon the approval of the budgetary authorities of the City and the Township. Their approval of
the refund of the parties' respective shares of any unspent monies shall not be unreasonably withheld.
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2007 CONTRACT FOR FIRE PROTECTION
10. The entire budget for the Communications Center of the City and ofthe Township in 2007 has
been fixed at $2,209,100.00. A copy of said Budget is attached hereto as Exhibit "B2". Ofthat amount it is
mutually agreed that the share ofthe Township shall be $222,567.00 (20.15% of 50% of the Communications
Center Budget). In the event the expenditures in 2007 are less than $2,209,100.0, the Township's pro rata
share of the money unspent shall be refunded as set forth in Paragraph 8 above. All of the above is subject to
and conditioned upon the approval of the budgetary authorities ofthe City and the Township. Their approval
of the refund of the parties' respective shares of any unspent monies shall not be unreasonably withheld.
II. In order to pay its share of the above expenses for the year 2007 in the total amount of
$3,652,566.50, the Township appropriated and will seek Dept. of Local Governrnent Finance approval of an
appropriation in its Fire Fighting Fund of$3,652,566.50. By this Agreement, the Township agrees to pay the
entire appropriation of$3,652,566.50 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 ofthepromises 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$3,429,999.50
(2007 Fire Department Budget) and $222,567.00 (2007 Communication Center) in the following manner:
$1,714,999.75 (Fire Department) on or before July 15, 2007,
or within one (1) business
day of the Township's
and receipt of its tax draw
from Hamilton County,
$111,283.50 (Communication Center) whichever is later.
$111,283.50 (Communication Center)
on or before December 31,
2007, or within one (1)
business day of the
Township's receipt of its
tax draw from Hamilton
County, whichever is later.
$1,714,999.75 (Fire Department)
and
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2007 CONTRACT FOR FIRE PROTECTION
Notwithstanding the foregoing scheduled payments, the Township may, at its option, and in lieu ofthe
payments due on December 31 st, pay an amount which will: (a) cause the total payments made by the
Township pursuant to this Section to equal ninety-five percent (95%) ofthe 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 ofthe actual expenditures by the City for
the Fire Department and the Communication Center, the Township shall pay to the City an amount necessary
to reconcile the actual payment due no later than February 15, 2008, for 2007 costs.
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 2007, 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 2008 and
to assist the Township in its budgeting process, the City agrees to include the Township in its 2008 budget
discussions and send to the Township copies of completed budgets as proposed by the Mayor for the Fire
Department and the Communication Center by the later of July 1, 2007, or at least seven (7) days before the
joint budget meetings, and the final budgets as approved by the Department of Local Goverrunent Finance by
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2007 CONTRACT FOR FIRE PROTECTION
February 28,2008, or within thirty (30) days after receipt offinal budget approval. All budget meetings shall
take place at a location mutually agreeable to the parties.
16. The parties acknowledge that in consideration ofthe 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 2007 in the amount of Forty-Five Thousand Dollars
($45,000.00) per year ("County's Salary Supplement"). The City agrees to submit claims to the County for
the County's Salary Supplement on or before December 31, 2007. The County's Salary Supplement for the
year 2007 shall be applied to reduce the total operating expense for the Communications Center under
Paragraph 10 of this Contract.
17. 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.
18. This Agreement shall be in full force and effect as ofthe I st day ofJ anuary 2007, and continue
through the 31 sl day of December, 2007, provided, however, that the City shall continue to provide the fire
protection services set forth above until the next contract for 2008 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 and in proportions equal to the average share of monies contributed by each party in the
five (5) prior calendar years immediately preceding the year of contract termination. In the event that the City
has provided Fire Protection in 2008 and a mutually acceptable contract is not reached between the City and
the Township for 2008, the Township shall reimburse the City based upon the same formula utilized in this
Agreement based upon 2006 (pay 2007) assessed valuation.
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2007 CONTRACT FOR FIRE PROTECTION
IN WITNESS WHEREOF, the parties have hereunto set their hands and seals as of the
Of~,2007.
CITY OF CARMEL, HAMILTON COUNTY, INDIANA
By and through its Board of Public Works and Safety
Nor ~~i-
J ames Brainard, Presiding Officer
ate:
ATTEST:
SlIlldrlI! M..JobnSon.
Deputy Clerk for
Di na L. Cordray,
Date:
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/K"'- day
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2007 CONTRACT FOR FIRE PROTECTION
CLAY TOWNSHIP
Hamilton County, Indiana
By:
~ CULL
Douglas Ca lahan, Clay Township Trustee
Date: Co - 2. 7 - f) 7
CLAY TOWNSHIP BOARD
~{ttau~~
Paul K. Bolin, Chairman
Date: <. - 2. "7 - 0 7
~~et?da-tL
Date: (p - 2.. 7- " 7
'.eg{...~
es C. Dillon, Member
e: {g _ 2.. "7 - 01
8
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