HomeMy Public PortalAbout153-2023 - Finance - Wayne Township - Fire Services (2) . ` .
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AGREEMENT FORMIR0 DEPARTMENT SERVICE
This agreement is entered into by the City of Richmond, Indiana, by and through its Board of
Public Works arid Sufiety, hereinafter referred 10 as "CITY", arid Wayne Township, Wayne County'
Indiana, by and through itSTrUStee and Advisory Board, hereinafter referred to as"CORPORATION",
for the period beginning January ], 2024, and ending December ]|, 2024.
\YlTNESSETH:
VV\{ERB/\8, CITY nouiniuinu all efficient Fire Department and ovvon adequate arid 000dono
fire-fighting equipment which is operated by well-trained personnel; arid
VVE{BllE&S, C()RPUK/\Tl0N nvvnn on fire-fighting equiponcu1 and employs no trained
personnel nor does it m-raintnio a voluntary Fire Department, arid it is therefore desirous of contracting
with CITY for adequate tire protection; and
WHEREAS, CITY desires arid is willing to rouko its fire-fighting equipment arid personnel
available to CORPORATION for the protection of the residents of CORPORATION and their property
from the hazards offire; _
NOW, 1[|;ERI3F(}E<E, in consideration of the mutual covenants ofthc parties nnudc herein
including the above o\o4ed recitals, arid in order to make urccord of the prior verbal agreement n[the
parties, it is expressly promised and agreed by arid between CITY and CORPORATION, as follows:
\. CITY shall,during tile term ofthis Agreement,cause to be issued to its Fire Department
a standing order tu heed and respond to any call offire alarm received by it, reporting ofirc within the
limits of CORPORATION.
Said order shall direct the Fin: C)cpoc1noont of CITY to dispatch such
equipment arid personnel to such location in CORPORATION as may be necessary for tile purpose of
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fighting such fire, oub'iect to the condition that such fire xhoU be in u location accessible by rood,
involving only reasonable risks to the safety of the personnel and the protection of the equipment of
the Fire Department m[CITY,
2. CITY uhoU be responsible only for the use of'due diligence by its Fire [)epur\ronrt in
responding to any call pursuant to this /\grcenncot, and the poonune\ of its Fire Department sho|| use
its best efforts iu fighting any ouob Firr, considering the equipment available oi the time ofuny such
call,the current techniqnes offighting any such fire, and the conditions and cirCUMstances which niay
prevail ot the tiuzcof and ot the scene o[any Such fire.
3. In the o||ocudun and dispatching of the personnel and equipment of the Fire
Department of CITY in response to any call of alarni pursuant to this Agreement, or in response to any
other call or alarm, the Chief n[the Fire Department of CITY ubaU have the nhso|u\c audcoonpkete
discretion to determine where and when the Unc'fiohbog equipment and pconnnc| of the Fire
Department ofCITY, or any part thereof,, uhu|| be u||nootcd or dispatched.
4. The fire-fighting apparatus and equipment now owned by CITY shall continue to be
the sole property o[C1]["y, and C()KPOR/\TlON shall not, by this Agreement, acquire any right, title,
or interest in or to auch fi,c'fighdug apparatus and oquiprnuot. Neither shall CORPORATION, by this
/\greu0000t, acquire any right, title, or ioicccyi in or to any fire-fighting equipment that may be
xuhsoqueody purchased by CITY from any funds whatsoever, including monies paid Pursuant totile
trrrnu of this /\grccnocmt.
5. CITY ohui| not be |iub|c for negligence as o result ofany loss o, darna&cattributable
from any breakdown ormechanical hziiorc in the operation o[thr fire-fighting equipment io be used
and provided under the terms of this &grccrnoot,
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6. CORPORATION shall not he iinh|o for negligence as u result of any personal injury� to
any individual Member of C[I`y`S Fire Department which occurs vvbilc any such individual is
responding to any call for fire-fighting services from any resident of CORPORATION, an-id
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
in being used and enn` myedin fighting any Fire within CORPORATION. �
7. Pursuant to Indiana Code 22'9-1-10, neither C[[Y no, CORP0R/\Tl()Yu xhraU
discriminate againstony employee or applicant for employment k> be oulphovcd in the performance of
this Agreement, with peci to hire, tenure, terms, conditions privileges of' employment
matter directly or indirectly related to employment, because of' race, religion, color, sex, disabilky,
national origin, or ancL-stry. Additionally, both CITY and CORPORATION agree to comply with all
applicable Americans with Disability Act (ADA) requirements and Title VI Civil Rights Act non-
discrim i nation 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 ofNine
Hundred Seventy-eightThOUsand Eight Hundred Eighty Dollars and Zero Cents ($978,880,00) lor the
calendaryear 2024, payable in four(4) equal installments of—Fwo Hundred Forty-fourThOUsand Seven
Hundred Twenty Dollars and Zero Cents ($244,720.00) each. Said payments will be due on or before
Department of Local Government Finance (DLGI',).
Po8c 3 of Contract No. 153-2023
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10. This Agreement is pccnonu\ to the parties hereto and neither party may assign o,
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
o, io part ot any time by filing with the Agreement owritten instrument setting forth nucb changes
signed by both parties.
] \. This Ag,ccnueot onay be simultaneously executed in several counterparts, each of
which shall be an original and all of which shall conStitUte but one and the sarne 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 xho|| be required prior to the oonocucucocuout 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 rernedies, CORPORATION shall be liable for all costs incurred by CITY due to
the enforcement o[this Agreement, including but not limited to C1T`/`S reasonable uttorncy`s fec&.
15. Jn the event that on ambiguity or question o[intent ora need for interpretation o[this
/\&rcr,ncnt arises, this /\groornont shall he 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 nf this Agreement.
Page of Contract No. 153-2023
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 WAYNE TOWNSHIP, WAYNE COUNTY,
by and through its Board of Public Works INDIANA by and through its Trustee and
and Safety Advisory Board
By: 4 1.6, 4.: /t/t,t 0 14.-'
By: — a-4i
Vicki Robinson, President Printed: 5 y a4A I,5. 1..C.5, Trustee
c
By:
Date: Jo - /7 - 3
'—'Emily Ialmer, Member
Advisory Board
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By:
Matt Evan , Member Printed: ( ill ct i,-;i d.fr, /1 _apt.ki'l.-2e4S )
Date: s"----:2L-/--, :- - --ait -T- t.,,N.,,3 di , Secretary
Printed: ( "."-- tc.,....rtc_ i5\ek_c (1/40.e_ k.k )
,,...
Member
Printed: ( & ; ,r/7/ )
Date:
Date: Oa/
Page 5 of 5 Contract No. 153-2023