HomeMy Public PortalAbout154-2023 - Finance - Spring Grove - 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 I, 2024, and ending December 31, 2024.
W1TNESSETH:
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 st:,ed 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
Page 1 of 5 Contract No. 154-2(123
fighting such fire, subject to the condition that such fioshall beinulocation accessible byroad,
involving only reasonable risks to the safety of the pcoonuo| and the protection of the equipment of
the Fire Department ofCITY.
2. CITY shall be responsible only for tile use of due diligence by its I"ire 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 ut the scene nf 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 "ny
other ro|i or u|unn, the Chief'of"
the Pi,c Department of CITY shall have the absolute and cnnop}ctc
discretion to deic,noiue vvbcrc and when the fire-fighting equipment and personnel of the Fire
Department n[CITY, mr any part thereof, shall bo allocated nrdispatched.
4. The fire-fighting apparatus and equipment now owned by CITY xbu|| ouobnun to be
the sole property of CITY, and CORPORATION shall not, hy this Agreement, acquire any right, title,
ur interest ino,tn such fire-fighting apparatus and equipment. Neither shall CORPORATION, bythis
Agreement, acquire any right, title, or interest in or to any fi,n-figbdog 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 |iubic for negligence as u result wfany loss or damage attributable
frono any breakdown or 000cbuuico| hzi|u,c in the operation of the fire-fighting equipment to be used
and provided under the terms of this Agreement.
Page 2uf5 Contract No. 154'%0%3
0. CORPORATION shall not be liable for negligence asu result nfany personal injury to
any individual rucnnhcr oFCll /`S Fire I}cpudmcoL v/bk]h occurs vvbilc any such individual is
responding to any co@| for fire-fighting services frono any resident of CORPORATION, and
CORPORATION ohn[U not be |iah|c for negligence usuresult oF any dncnogc to anyOrc'fighfing
apparatus or equipment of any kind owned by CITY, which occurs while Such equipment or apparatus
is being used and crnp|uycd in fighting any fire within CORPORATION.
7. ybrauumt to Indiana Code 22-9-1-10, neither CITY nor C00PO0/\Tl(JN shall
discriminate against any employee ocapplicant for employment inbc employed iu the performance of
this AgrccnncoL with respect to hire, tenure, terms, conditions o, privileges of employment or any
matter directly or indirectly ,c|utcd to employment, because of race, religion, color, ucu, disability,
national origin, or ancestry. Additionally, both CITY and CORPORATION agree to comply with all
applicable /\nucricuus with Disability Act (/\D/\) roquiccoucotu and Title \/l Civil Rights Act non-
discrimination cuquirsnocn1a.
8. puruuom< to Indiana Code 22'5'\.7, CITY certifies that it does not knovviog|ycoop\oy
any unauthorized alien and is enrolled in the Indiana E'Vorifv 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 C|TY`S services, CORPORATION sbuD pay the auon of Eighty
Thousand Five Hundred One Dollars and Zero Cents ($80,50 1.00) for the calendar year 2024, payable
in two (2) equal inotn||nocois of Forty Thousand Two Hundred Fifty [)oilnru and Fifty Cents
($40,250.50)cach. Said payments will bc due Oil or before June 30, 2O24, and December 3|, 2UZ4.
Page 3ofS Contract No. 154-Zo%3
10. This Agreement is personal to the pat-ties hereto and neither party may assign or
delegate any o[its righr 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 arnended in whole
or in part at any tirno by filing with the /\gzncoucnt avvdttun instrument setting forth such changes
signed hy both parties.
l|. This Anrcconcut may be simultaneously executed in ocvcca| 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 pndico specifically agree
that no arbitration or mediation shall be required prior to the cornnocuccnocnt of legal proceedings in
said Courts.
13. Any pe:son executing this Agreement in a representative capacity hereby warrants that
be has been duty authorized by his or tier principal to execute this Agreement.
14. In the event of any breach of this Agreement by C()9LP0R/\Il()N, and in addition to
any other damages or r--medies, CORPORATION shall be liable for all costs incurred by CITY due to
the enforcement of this Agreement, including but not limited to CITYS reasonable attorney's fees.
15. In the event that an ambiguity or question of intent or a need for interpretation of this
Agreement nziunn, this AAccocucni Shu|| 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 provixiouaof this Agreement.
Page 4of5 Contract No. l54-%O23
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: - By:
Vicki Robinson, President Printed: , Trustee
By: /PR_ ',2)3 Date:
Emily Filrner, Member
Advisory Board
By: t , Chairperson
Matt Evans, Member rintec#4. ( Tcfr•r•1 C-147-leo )
Date:
>(' , Deputy
ted: ( Ztj.s ri. axrce,
APPROVED': Member
. S o'v.6j yor Printed: ( 7
Date: Date: ,Page 5 of 5 Contract No. 154-2023