HomeMy Public PortalAbout093-2021 - Finance - Spring Grove - 2021 Fire Services AGREEMENT 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 Town of Spring Grove, Inc., Wayne
County, Indiana, by and through its Trustee and Advisory Board, hereinafter referred to as
"CORPORATION", for the period beginning January 1, 2021, and ending December 31, 2021.
WITNESSETH:
WHEREAS, CITY maintains an efficient Fire Depai liiient and owns adequate and modem
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 Depaitiiient of CITY to
dispatch such equipment and personnel to such location in CORPORATION as may be necessary for
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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.
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 Depaitiiient 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
the 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.
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6. CORPORATION shall not be liable for negligence as a result of any personal injury
to any individual member of CITY'S Fire Depai intent 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.
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. Additionally, both CITY and CORPORATION agree to comply with all
applicable Americans with Disability Act (ADA) requirements and Title VI Civil Rights Act non-
discrimination requirements.
8. Pursuant to Indiana Code 22-5-1.7, CITY certifies that it does not knowingly employ
any unauthorized alien and is enrolled in the Indiana E-Verify program. Pursuant to Indiana Code 5-
22-16.5, CITY certifies that CITY is not engaged in investment activities in Iran.
9. As compensation for CITY'S services, CORPORATION shall pay the sum of
Seventy-one Thousand One Hundred Ninety-five Dollars and Zero Cents ($71,195.00) for the
calendar year 2021, payable in two (2) equal installments of Thirty-five Thousand Five Hundred
Ninety-seven Dollars and Fifty Cents ($35,597.50) each. Said payments will be due on or before
June 30, 2021, and December 31, 2021.
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10. 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.
11. 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.
12. 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.
13. 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.
14. In the event of any breach of this Agreement by CORPORATION, and in addition to
any other damages or remedies, CORPORATION shall be liable for all costs incurred by CITY due
to the enforcement of this Agreement, including but not limited to CITY'S reasonable attorney's
fees.
15. 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
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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 in Richmond, Indiana, although
signatures may be affixed on different dates.
"CITY" "CORPORATION"
THE CITY OF RICHMOND, INDIANA TOWN OF SPRING GROVE, INC., WAYNE
by and through its Board of Public Works COUNTY, INDIANA by and through its
and Safety Trustee and Advisory Board
By: /i( By:
Vicki Robinson,President Printed: , Trustee
By: Date:
Emily Palmer,Member
Advisory Board
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