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HomeMy Public PortalAbout092-2011 - Fire - WAYNE TWPAGREEMENT FOR FIRE DEPARTMENT SERVICE This agreement is entered into by the City of Richmond, Indiana, by and through its Board of Public Works and Safety, hereinafter referred to as "CITY", and Wayne Township, Wayne County, Indiana, by and through its Trustee and Advisory Board, hereinafter referred to as "CORPORATION", for the period beginning January 1, 2012, and ending December 31, 2012. WITNESSETH: WHEREAS, CITY maintains an efficient Fire Department, and owns adequate and modern fire -fighting equipment which is operated by well -trained personnel; and WHEREAS, CORPORATION owns no fire -fighting equipment and employs no trained personnel nor does it maintain a voluntary Fire Department, and it is therefore desirous of contracting with CITY for adequate fire protection; and WHEREAS, CITY desires and is willing to make its fire -fighting equipment and personnel available to CORPORATION for the protection of the residents of CORPORATION and their property from the hazards of fire; NOW, THEREFORE, in consideration of the mutual covenants of the parties made herein including the above stated recitals, and in order to make a record of the prior verbal agreement of the parties, it is expressly promised and agreed by and between CITY and CORPORATION, as follows: 1. CITY shall, during the term of this Agreement, cause to be issued to its Fire Department a standing order to heed and respond to any call of fire alarm received by it, reporting a fire within the limits of CORPORATION. Said order shall direct the Fire Department of CITY to dispatch such equipment and personnel to such location in CORPORATION as may be necessary for the purpose of fighting such fire, subject to the condition that such fire shall be in a location accessible by road, involving only reasonable risks to the safety of the personnel and the protection of the equipment of the Fire Department of CITY. Contract No. 92-2011 Page 1 of 4 2. CITY shall be responsible only for the use of due diligence by its Fire Department in responding to any call pursuant to this Agreement, and the personnel of its Fire Department shall use its best efforts in fighting any such fire, considering the equipment available at the time of any such call, the current techniques of fighting any such fire, and the conditions and circumstances which may prevail at the time of and at the scene of any such fire. 3. In the allocation and dispatching of the personnel and equipment of the Fire Department of CITY in response to any call of alarm pursuant to this Agreement, or in response to any other call or alarm, the Chief of the Fire Department of CITY shall have the absolute and complete discretion to determine where and when the fire -fighting equipment and personnel of the Fire Department of CITY, or any part thereof, shall be allocated or dispatched. 4. The fire -fighting apparatus and equipment now owned by CITY shall continue to be sole property of CITY, and CORPORATION shall not, by this Agreement, acquire any right, title, or interest in or to such fire -fighting apparatus and equipment. Neither shall CORPORATION, by this agreement, acquire any right, title, or interest in or to any fire -fighting equipment that may be subsequently purchased by CITY from any funds whatsoever, including monies paid pursuant to the terms of this Agreement. 5. CITY shall not be liable for negligence as a result of any loss or damage attributable from any breakdown or mechanical failure in the operation of the fire -fighting equipment to be used and provided under the terms of this Agreement. 6. CORPORATION shall not be liable for negligence as a result of any personal injury to any individual member of CITY'S Fire Department which occurs while any such individual is responding to any call for fire -fighting services from any resident of CORPORATION, and CORPORATION shall not be liable for negligence as a result of any damage to any fire -fighting apparatus or equipment of any kind owned by CITY, which occurs while such equipment or apparatus is being used and employed in fighting any fire within CORPORATION. Page 2 of 4 7. Pursuant to Indiana Code 22-9-1-10, neither CITY nor CORPORATION shall discriminate against any employee or applicant for employment to be employed in the performance of this Agreement, with respect to hire, tenure, terms, conditions or privileges of employment or any matter directly or indirectly related to employment, because of race, religion, color, sex, disability, national origin, or ancestry. 8. As compensation for CITY'S services, CORPORATION shall pay the sum of Six Hundred Sixty-one Thousand Five Hundred Thirty-four Dollars and Zero Cents ($661,534.00) for the calendar year 2012, payable in four (4) equal installments of One Hundred Sixty-five Thousand Three Hundred Eighty-three Dollars and Fifty Cents ($165,383.50) each. Said payments will be due on or before March 31, June 30, September 30, and December 31, 2012. 9. This Agreement is personal to the parties hereto and neither party may assign or delegate any of its rights or obligations hereunder without the prior written consent of the other party. It shall be controlled by Indiana law and shall be binding upon the parties, their successors and assigns. It constitutes the entire Agreement between the parties, although it may be altered or amended in whole or in part at any time by filing with the Agreement a written instrument setting forth such changes signed by both parties. 10. This Agreement may be simultaneously executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. 11. The parties hereto submit to jurisdiction of the courts of Wayne County, Indiana, and suit arising under this Agreement, if any, must be filed in said courts. The parties specifically agree that no arbitration or mediation shall be required prior to the commencement of legal proceedings in said Courts. 12. Any person executing this Agreement in a representative capacity hereby warrants that he has been duly authorized by his or her principal to execute this Agreement. Page 3 of 4 13. In the event that an ambiguity or question of intent or a need for interpretation of this Agreement arises, this Agreement shall be construed as if drafted jointly by the parties, and no presumption or burden of proof shall arise favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement at Richmond, Indiana, as of the day and year first written above, although signatures may be affixed on different dates. "CITY" THE CITY OF RICHMOND, INDIANA BY AND THROUGH ITS Board of Public Works and Safety By: S/S Vicki Robinson Vicki Robinson, President By: S/S Dian Lawson Dian Lawson, Member By: S/S Anthony L. Foster, 11 Anthony L. Foster, II, Member Date: July 7, 2011 APPROVED: S/S Sarah L. Hutton Sarah L. Hutton, Mayor Date: "CORPORATION" WAYNE TOWNSHIP, WAYNE COUNTY, INDIANA by and through its Trustee and Advisory Board By: _S/S Susan Isaacs Printed: Susan Isaacs Trustee Date: October 18. 2011 Advisory Board S/S Martha Dwyer Chairperson Printed: (Martha Dwyer ) S/S Marilyn A. Sowers Secretary Printed: (—Marilyn A. Sowers S/S Terri E. Smith Member Printed: (Terri E. Smith ) Date: October 18, 2011 Page 4 of 4