Fire Joinder Carmel/Clay TwpAPPROVED A T
2008 CONTRACT FOR FIRE PROTECTION fO?M BY; O
2008
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 Cannel, Hamilton County,
Indiana, hereinafter called the "City," and Clay Township, Hamilton County; Indiana, hereinafter called the
"Township," as of the 1" day of January, 2008.
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, 2008, and continuing through December 3J, 2008;
and
WHEREAS, the City and the Township have agreed that fire protection shall not be discontinued until
the 2009 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:
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.
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2008 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 2008 Fire
Department budget shall be the ratio based upon the Township's 2007 (pay 2008) assessed valuation outside
the corporate limits compared to the City's 2007 (pay 2008) assessed valuation as they relate to the total of the
two. The proportionate share of the Township for the 2008 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 2007 (pay
2008) assessed valuation outside the corporate limits compared to the City's 2007 (pay 2008) assessed
valuation as they relate to the total of the two. The 2007 (pay 2008) assessed valuation of the Township
outside the corporate limits is certified as $1,725,507,240.00 or 1992% of the total assessed valuation of the
Township. The 2007 (pay 2008) assessed valuation of the City is certified as $6,936,589,520.00 or 80.08% 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, swam
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 "911'1 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 the Township Board.
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2008 CONTRACT FOR FIRE PROTECTION
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 "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
(1 Oa') day following the end of each calendar quarter. All 2008 Budgeted Amounts appropriately encumbered
by the City in 2008 and expended in 2009 shall be separately accounted for and treated as 2008 operating
expense for purposes of this Contract. On or before February 15, 2009, the City further agrees to furnish
statements of all 2008 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, 2009, with regard to 2008 unspent monies. In the event that the State
Board of Accounts Audit of the City of Carmel 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.
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2008 CONTRACT FOR FIRE PROTECTION
9. The entire budget for the Fire Department of the City and of the Township in 2008 has been
fixed at $18,214,718.00. 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 $3,628,371:83 or 19.92% of the Fire Department
Budget. In the event the expenditures in 2008 are less than $18,214,718.00, 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 2008 has
been fixed at $2,644,200.00. A copy of said Budget is attached hereto as Exhibit "132". Of that amount it is
mutually agreed that the share of the Township shall be $263,362.32 (19.92% of 50%) of the Communications
Center Budget). In the event the expenditures in 2008 are less, than $2,644,200.00 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 2008 in the total amount of
$3,891,734.15, the Township appropriated and will seek Dept. of Local Government Finance approval of an
appropriation in its Fire Fighting Fund of $3,891;734.15. By this Agreement, the Township agrees to pay the
entire appropriation of $3,891,734.15 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 $3,628,371.83
(2008 Fire Department Budget) and $263,362.32 (2008 Coin municati on Center) in the following manner:
$1,814,185.92 (Fire Department) on or before July 15, 2008, or within
one (1) business day of the Township's
and receipt of its tax draw from Hamilton County,
whichever is later.
$131,681.16 (Communication Center)
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2008 CONTRACT FOR FIRE PROTECTION
51,814;185.92 (Fire Department) on or before December 31, 2008, or within
one (1) business day of the Township's
and receipt of its tax draw from Hamilton County,
whichever is later.
$131,681.16 (Communication Center)
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 amount necessary
to reconcile, the actual payment due no later than February 15, 2009, for 2008 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 theyear 2008, 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 2009 and
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2008 CONTRACT FOR FIRE PROTECTION
to assist the Township in its budgeting process, the City agrees to include the Township in its 2009 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, 2008, 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, 2009, orwithin 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 acknowledge that in consideration of the 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 2008 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, 2008. The County's Salary Supplement for the
year 2008 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 of the 1"day of January 2008, and continue
through.the 31" day of December, 2008, provided, however, that the City shall continue to provide the fire
protection services set forth above until the next contract for 2009 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 parry 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 2009 and a mutually acceptable contract is not reached between the City and
the Township for 2009, the Township shall reimburse the City based upon the same formula utilized in this
Agreement based upon 2007 (pay 2008) assessed valuation.
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2008 CONTRACT FOR FIRE PROTECTION
IN WITNESS WHEREOF, the.pardes have'hercunto seftheir hands and seals as of the day
of ,°200&.
CITY OF CARMFL.HAMILTON COUNTY,'NDIANA
By and'through its Board.of Public Works-and Safety
Sandra M, Johnson,
Deputy Clerk for
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ATTEST.
Di a L. Cordr<ay, IAMC, erk-Treasurer
Date: q-3-OF
2008 CONTRACT FOR -1R1_;FROTECTION
CLAY TOWNSHIP
Hamilton County, Indiana.
By:
Douglas llahan, Clay Township Trustee
Date: q-23--ok
CLAY TOWNSHIP BO
4-
-Mary Eckard, Cha' ian
Date: 9- a -ah'
e- 4.?ej ,
amen C. Dillon;;Secretary
Date: 9/.13 0.8
Paul K. Bolin?y?Me her
Date- q/ 23 ( 491/
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2008 CONTRACT FOR'MIEPI OTPCTION
CLAY TOWNSHIP
Hamilton County, Indiana
By'.Douglas =allaban,-Clay Township Trustee
Date! (?a - 2.'1-cp
CLAY ?T?OWNSHIP BOARD
1Viairy Eckardt C lairman
Date: ae" ??'/ ez
es C'. Dillon;:Secrefary'
ate:, ? !a y?d?a?b
Paul'.TC. B61in, Member
Date:
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