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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