INTERLOCAL COOPERATION AGREEMENT
FOR THE LOGANSPORT FIRE PROTECTION TERRITORY
BY AND BETWEEN THE CITY OF LOGANSPORT, INDIANA
AND CLAY, EEL AND NOBLE TOWNSHIPS OF CASS COUNTY, INDIANA
EFFECTIVE DATE:
July 1, 2010
INTERLOCAL COOPERATION AGREEMENT FOR THE
LOGANSPORT FIRE TERRITORY
This Interlocal Cooperation Agreement (“Agreement”) is by and between the City of Logansport, Indiana (“City”) and Clay, Eel and Noble Townships of Cass County, Indiana (“Townships”), and shall be effective as of the date of recordation of this Agreement with the Cass County Recorder.
DECLARATION OF PURPOSE
WHEREAS, Logansport and Clay, Eel and Noble Townships (collectively, the “Participating Units”) have adopted identical ordinances/resolutions, pursuant to I.C. 36-8-19, to establish the Logansport Fire Protection Territory (“Territory”), as evidenced by Ordinance No. _________ adopted by the Common Council of the City of Logansport on March 22, 2010, and Resolution Nos. __________, __________ and __________, respectively, adopted by the Township Boards of Clay, Eel and Noble Townships on March 22, 2010; and
WHEREAS, in order to clarify and define the agreement of the Participating Units to establish and administer the affairs of the Territory, the parties are entering into this Agreement; and
WHERAS, I.C. 36-1-7 et seq. provides that a power that may be exercised by an Indiana political subdivision and by one or more other governmental entities may be exercised by one or more entities on behalf of others or jointly by the entities by entering into a written Interlocal Cooperation Agreement, and the Participating Units desire to enter into such an agreement to administer the affairs of the Territory.
NOW, THEREFORE, the parties hereto mutually agree as follows:
ARTICLE I
Creation of Fire Protection Territory
Section 1.1. Territory Established. The Participating Units hereby ratify and affirm the establishment of the Territory as a fire protection territory under the provisions of I.C. 36-8-19 et seq. The geographic area constituting the Territory shall include all areas within the corporate boundaries of the City of Logansport, and all areas within the township boundaries of Clay, Eel and Noble Townships, inclusive. It is hereby stipulated that Logansport and Clay, Eel and Noble Townships are contiguous to each other. The area contained within the Territory is further illustrated and described on Exhibit A attached hereto.
Section 1.2 Purpose. The Territory has been established for the following purposes:
a. Fire protection, including the capability for extinguishing all fires that might be reasonably expected because of the types of improvements, personal property, and real property within the Territory;
b. Fire prevention, including identification and elimination of all potential and actual sources of fire hazard; and
c. Other purposes or functions related to fire protection and fire prevention, including public safety, emergency medical response and all other emergency response, which further the purposes of promoting the health and safety of the citizens located within the Territory.
Section 1.3. Tax Rate The Participating Units hereby agree to establish different rates for the units included within the Territory, but the rates shall apply uniformly to all of the taxable property within each Participating Unit for the purposes set forth in Section 1.2 above, in accordance with the terms of I.C. 36-8-19-6 (c)(3) and 36-8-19-8. The Participating Units further agree to establish a uniform tax rate upon all taxable property within the Territory for the purpose of funding an equipment replacement fund pursuant to I.C. 36-8-19-8.5 for the purposes set forth in Subsection 1.4(b) herein.
Section 1.4. Provider Unit. For all purposes of this Agreement, Logansport is hereby designated as the Provider Unit for the Territory (“Provider Unit”). The Provider Unit shall fulfill its obligations as further described and delegated in this Agreement. In addition to the other rights and responsibilities set forth in this Agreement, the Provider Unit shall:
a. Establish and maintain a Logansport Fire Protection Territory Operating Fund (the “Operating Fund”) from which all expenses of operating and maintaining fire protection services for the Territory, including repairs, fees, salaries, depreciation on all depreciable assets, rents, supplies, contingencies, and all other expenses lawfully incurred on behalf of the Territory shall be paid. The foregoing purposes are the sole purposes for the Operating Fund and money in the Operating Fund may not be used for any other expense or purpose;
b. Along with each of the other Participating Units, establish and maintain an equipment replacement fund (the “Equipment Fund”) for the purchase of fire protection and emergency response equipment, including making required payments under an installment conditional sale, mortgage contract or lease rental with option to purchase such equipment, which will be used to serve the Territory in accordance with I.C. 36-8-19-8.5 and -8.7 and Section 7.4 herein;
c. With the assistance of each of the other Participating Units, annually budget the amount of money necessary to meet the expenses of operation and maintenance of the fire protection services within the Territory, plus a reasonable operating balance, in accordance with I.C. 36-8-19-8(c) and the provisions of Article VII herein;
d. Establish a tax levy required to fund the estimated budget of the Territory in accordance with I.C. 36-8-19-8(c), subject to the limitation that the tax rates imposed by Eel, Noble and Clay Townships for the Operating Fund may not exceed 0.237; the tax rate for Logansport for the Operating Fund may not exceed 0.41; and the tax rates for the Equipment Fund for any Participating Unit may not exceed 0.02;
e. Effect transfers to the Operating Fund and Equipment Fund from sources available to the Provider Unit as provided for in I.C. 36-8-19-8(b), (d) and (e) and 36-8-19-8.5(b);
f. Through the Provider Unit’s Clerk-Treasurer, receive and deposit in the Operating Fund and Equipment Fund, as applicable, all sums payable to or on behalf of the Territory and make all necessary disbursements by or on behalf of the Territory from the Operating Fund and Equipment Fund, subject to the availability of an approved appropriation therefor. Except as otherwise provided in this Agreement, no disbursements shall be made from the Operating Fund or Equipment Fund except for claims approved by the Executive Board established herein;
g. Through the Provider Unit’s Clerk Treasurer, provide administration of all employee payroll and benefits related to the operation of the Territory, including the administration of group medical insurance benefits, retirement contributions and benefits, worker’s compensation coverage and all other employee benefits for full time and part time employees and volunteers providing services to the Territory. Substantive changes in employee benefits or coverages shall be made only after consultation with and approval of the Executive Board;
h. Through the Provider Unit’s Clerk Treasurer, provide for and administer all liability insurance coverage for the Territory, the Executive Board, the Safety Board and the personnel and equipment serving the Territory and include as co-insureds on all such policies each Participating Unit, the elected officials of each Participating Unit, the Territory, the Executive Board and its members, the Safety Board and its members, the Department established herein, and any other appropriate party. Substantive changes in liability insurance coverages or carriers shall be made only after consultation with and approval of the Executive Board;
i. Provide for the Territory all communications and dispatching services necessary to provide fire protection and emergency response services in the Territory pursuant to an agreement reviewed and approved annually by the Executive Board; and
j. Submit an annual report to the Executive Board, including an accounting for all receipts and disbursements from the Operating Fund, the Equipment Fund and any other accounts or funds utilized to receive, disburse or hold funds generated or utilized for the purposes of the Territory. Submission of this report shall coincide with the Provider Unit’s annual Indiana report to the State Board of Accounts. The annual report shall include the allocation of interest accrued on the investment of Territory operating balance funds held by the Provider Unit.
Section 1.5. Logansport Territory Fire Department Established. The Participating Units hereby authorize, direct, ratify and affirm the establishment of the Logansport Territory Fire Department (the “Department”) by the Provider Unit to provide fire protection services and fire prevention services, and perform all other purposes and functions related to the purposes set forth in Section 1.2 hereof. The following provisions shall apply to the administration and operations of the Department:
a. Members of the Department shall be employees of the Provider Unit and shall serve under the authority and pursuant to the orders of the Chief of the Department, the Executive Board and the Safety Board. Members of the Department may include full time career firefighters, part time firefighters and volunteer firefighters. All firefighters must obtain at least a Firefighter I certification.
b. Members of the Department shall be subject to the rules, procedures and disciplinary actions of the Safety Board, which shall serve as the statutory safety board for the Territory.
c. The number of positions in the Department shall be determined by the Executive Board established herein and approved by the Provider Unit. Their respective salaries and benefits shall be determined by the Executive Board established herein. In the event that reductions in force become necessary for financial reasons, the Executive Board will attempt to use attrition if feasible.
d. The daily operation of the Department, including the scheduling of job assignments and duties for members of the Department, shall be the responsibility of the Chief of the Department. Job assignments and work duties shall be designated pursuant to written job descriptions and guidelines adopted by the Executive Board.
e. The Participating Units have elected to participate in the 1977 Police and Firefighter’s Pension and Disability Fund (the “1977 Fund”), and career members of the Department shall be eligible to receive 1977 Fund benefits upon qualifying for admission to the Fund, subject to obtaining any necessary governmental agency authorization or consent to do so and approval of the final benefits plan details and cost by the Executive Board. Career members of the Department shall not be eligible for any other retirement benefits. Part time firefighters and volunteer firefighters will not be participants in the 1977 Fund, but the Department will maintain, at a minimum, all required insurance provided under IC 36-8-12 to cover the part time and volunteer firefighters.
Section 1.6. Ordinance Enforcement. The Participating Units each hereby designate and establish the Provider Unit as the enacting authority and the Department as the enforcing authority for the Indiana Fire Code, and any other fees, ordinances, schedules or permits deemed reasonably necessary to carry out the purposes of the Territory, all to be enforced throughout the Territory, in compliance with applicable laws, ordinances and regulations adopted from time to time by the Provider Unit. The enactment of any fees, ordinance, schedule or permit by the Provider Unit as described herein shall be subject to the approval of the Executive Board, and to the extent that such fee, ordinance, schedule or permit applies to an area outside the municipal boundaries of Logansport, the majority vote required by this subsection must include the vote of the township representative to which the fee, ordinance schedule or permit is to apply. Except as provided herein, each of the foregoing ordinances for code, schedules and procedures shall be enforced uniformly throughout the Territory by the Provider Unit and the Department on the same terms and with the same powers and authority as within the geographic boundaries of the Provider Unit.
ARTICLE II
Executive Board
Section 2.1. Established. The Participating Units hereby establish an Executive Board for the Territory, consisting of the executive officer of each of the Participating Units, and the chairman of the Finance Committee of the legislative body of the Provider Unit. In the event an executive officer does not wish to serve, they may appoint a representative to the Executive Board, which appointee must be a member of the legislative body of the Participating Unit. No member of the Executive Board may serve as a firefighter on the Department. The general administration of the affairs of the Territory shall be vested in the Executive Board, which shall constitute the joint board required by I.C. 36-1-7-3.
Section 2.2. Term. Each member of the Executive Board shall serve a term which coincides with the member’s term as the executive of their respective Participating Unit, and the term for the non-executive member of the Executive Board shall expire on December 31 of each year. Members of the Executive Board shall automatically be succeeded by their successors to the office of the executive of their Participating Unit.
Section 2.3. Chairman. The chairmanship of the Executive Board shall rotate on a calendar year basis between the executives of each Participating Unit.
Section 2.4. Secretary. The Executive Board shall appoint a secretary at its first meeting of each calendar year. The Secretary shall record all official meetings of the Executive Board.
Section 2.5. Regular and Special Meetings. The Executive Board shall conduct a minimum of one (1) regular scheduled meeting per month throughout the calendar year, unless a specific determination is made at a regular or special meeting that any future regular meeting is unwarranted or unnecessary. The Executive Board shall receive and approve, reject or modify the annual budget for the Territory as recommended by the Department, in accordance with Article VII herein. Special meetings of the Executive Board may be called at any time by the Chairman or by any two (2) members of the Executive Board.
Section 2.6. Notice of Meetings. Public notice of the date, time and place of all regular or special meetings, executive sessions or any rescheduled or reconvened meeting of the Executive Board shall be given in accordance with I.C. 5-14-1.5-5(b)(2) and pursuant to the provisions of the Indiana Open Door Law, I.C. 5-14-1.5.
Section 2.7. Agenda. A written agenda shall be established by the member(s) of the Executive Board responsible for calling the meeting and shall be posted at the meeting location prior to the time of the meeting.
Section 2.8. Quorum and Voting. At any meeting of the Executive Board, the presence of three (3) members of the Executive Board shall be necessary to constitute a quorum. Unless otherwise provided in this Agreement, action by the Executive Board shall be authorized by the affirmative vote of not less than three (3) members of the Executive Board acting at a properly called meeting at which a quorum is present.
Section 2.9. Public Records. An official record of all meetings of the Executive Board shall be maintained in the Territory’s principal office. Accurate records of all meetings shall be kept in accordance with I.C. 5-14-1.5-4(b) and (c) and shall be available for public inspection during normal business hours. The Executive Board shall be governed by, and all records of the Executive Board shall be maintained in accordance with, the Indiana Access to Public Records Law, I.C. 5-14-3 et seq.
Section 2.10. Executive Sessions. The Executive Board may hold meetings in executive session only as expressly authorized by and in accordance with the procedures established in the Indiana Open Door Law, I.C. 5-14-1.5. Final action on all matters must be taken at a meeting open to the public in accordance with Indiana law.
Section 2.11. Workshops. The Executive Board may hold such workshops or administrative meetings for the information and education of Executive Board members and employees serving the Territory as are deemed necessary from time to time. Unless otherwise allowed under applicable law, all such workshops and administrative meetings shall be open to the public.
Section 2.12. Powers, Duties and Responsibilities. The Executive Board shall have the following powers, duties and responsibilities with respect to the operations of the Territory:
a. Its primary responsibility shall be the planning and provision of adequate fire protection, fire prevention and emergency response services throughout the Territory as provided in this Agreement;
b. Receive all reports, papers, recommendations and other materials required to be submitted to the Participating Units under the provisions of this Agreement;
c. Appoint a Chief of the Department effective January 1, 2011. The Executive Board shall conduct an evaluation of the Chief of the Department not less frequently than annually;
d. Remove the Chief of the Department by a majority vote of the Executive Board. Until December 31, 2010, the majority vote required by this subsection must include the affirmative vote of the executive of the Provider Unit with the approval of the Logansport Common Council, pursuant to I.C. 36-5-2-13. In the event the Chief of the Department is reduced in grade, he shall be appointed by the Safety Board to the rank in the Department held at the time of his appointment as Chief of the Department, or to such rank to which he had been appointed during his tenure as Chief. If such a position is not then open, the Chief shall be entitled to the pay of such rank and shall be promoted to that rank as soon as an opening is available;
e. Receive, review and take action on the annual budget for the Territory in accordance with the provisions of Article VII hereof;
f. In conjunction with the annual budget process, determine by majority vote the appropriate reimbursement charge to be paid or credited to the Provider Unit for the increased costs of administration and dispatch services provided for in Subsections 1.4(f), (g), (h) and (i) hereof due to the formation of the Territory, and certify the same to the Provider Unit’s Clerk-Treasurer for payment to the Provider Unit from the Operating and/or Equipment Fund, as applicable;
g. Determine by majority vote the pro-rata share of the cost of all insurance premiums directly related to the Territory, the Department, the Safety Board, the Executive Board and the personnel and assets utilized by the Territory, as well as any other pro-rated charges related to Territory operations, and certify the same to the Provider Unit’s Clerk-Treasurer for payment to the Provider Unit from the Operating Fund;
h. Adopt an annual salary resolution for personnel serving the Territory. The salary resolution shall be passed no later than November 15 of each year and submitted for incorporation in the Provider Unit’s salary ordinance for the following calendar year. The salary recommendations shall identify all positions employed, and be presented in a format consistent with the Provider Unit salary ordinance;
i. At each regular monthly meeting, receive and review monthly Department activity reports, monthly claims registers showing expenditures made on behalf of the Territory, a report of any equipment malfunction, or any other items of business or concern to the administration of the Territory;
j. Appoint an attorney for the Territory at the first meeting of each calendar year. The attorney for the Territory shall provide such legal consultation and representation as is deemed necessary by the Executive Board, and shall advise and represent the Executive Board, the Safety Board and the Department as required. The attorney for the Territory shall cooperate and communicate with the attorneys for the Participating Units; and
k. Review the Department’s rules and procedures, as established from time to time, not less frequently than annually, and establish general and special rules and procedures governing the Department and its personnel as needed.
ARTICLE III
Delegation of Specific Powers to Executive Board
Pursuant to I.C. 36-1-7-2 and 36-1-7-3(b), the Participating Units hereby transfer and delegate the following specified powers and authority to the Executive Board to further the purposes of this Agreement:
Section 3.1. Own and Acquire Property. The power to own and acquire real and personal property in the name of the Provider Unit in order to provide for fire protection and prevention and emergency response within the Territory, subject to an approved appropriation by the Participating Units for any acquisition of real or personal property. Any disposal of assets must be approved by the Participating Unit holding title as shown in Exhibit B.
Section 3.2. Contracts. The power to enter into contracts and leases in the name of the Provider Unit for facilities and services related to the purposes of this Agreement, including, but not limited to, agreements for mutual aid with other units, all subject to the availability of an approved appropriation by the Participating Units to fund any such contracts or leases.
Section 3.3. Purchasing Agent. The power to act as the purchasing agent in furtherance of the purposes of this Agreement, in accordance with Section 6.3 hereof.
Section 3.4. Sue and Invoke Remedies. The authority to sue and defend suits in the name of the Territory and/or Provider Unit, as applicable, relating to the Territory or this Agreement, and to invoke any legal, equitable or special remedy for the enforcement of any powers vested by law or delegated by this Agreement to the Department, the Executive Board, the Safety Board or the Territory.
Section 3.5. Gifts and Donations. The authority to accept gifts, donations, grants and subsidies to the Territory for fire protection, fire prevention, fire safety and emergency response purposes. Any such gifts, donations, grants and subsidies shall be deposited in the appropriate Territory fund and held and accounted for by the Provider Unit along with other Territory funds.
Section 3.6. General Authority. In addition to the foregoing, such additional or incidental authority and power as shall be necessary to accomplish the specified powers and authority delegated herein, or as is otherwise necessary to accomplish the specified purposes of this Agreement.
ARTICLE IV
Safety Board
Section 4.1 Established. The Participating Units hereby establish the Safety Board for the Territory, which shall consist of three (3) members: two (2) of whom shall be selected by majority vote of the executives of the Townships that are Participating Units; and one (1) of whom shall be selected by the Executive of the Provider Unit. (“Safety Board”). No member of the Safety Board may serve simultaneously on the Executive Board or as a firefighter on the Department. Members of the Safety Board shall serve at the pleasure of their respective appointing authorities. The Safety Board shall have only those powers, duties and responsibilities as are set forth in this Agreement.
ARTICLE V
Powers and Duties of the Safety Board
Pursuant to I.C. 36-1-7-2 and 36-1-7-3(b), the Participating Units hereby transfer and delegate the following specified powers and authority to the Safety Board to further the purposes of this Agreement:
Section 5.1. Rules and Procedures. The Safety Board’s primary responsibility shall be the hiring, promotion, conduct and discipline of the members of the Department, all in consultation with the Chief of the Department.
Section 5.2. Directives. Except as otherwise specifically provided in this Agreement, individual members of the Safety Board shall not involve themselves in the daily operations of the Department except where incidents or concern become evident to the Safety Board. The Safety Board shall give directives only to the Chief of the Department and shall receive only the Chief of the Department as the primary representative of the Department, except when a designee of the Chief of the Department has been appointed.
Section 5.3. Safety Board. Each of the Participating Units shall delegate to the Safety Board the power to act as the appointing authority and safety board for members of the Department and all other Provider Unit employees included in the Territory’s budget, including, without limiting the foregoing, all powers granted under I.C. 36-8-3-4 and -4.1.
Section 5.4. Regular and Special Meetings. The Safety Board shall conduct such meetings as are required to fulfill the duties set forth herein. Special meetings of the Safety Board may be called at any time by the Chairman or by two (2) members upon written notice as provided for herein.
Section 5.5. Notice of Meetings. Public notice of the date, time and place of all regular or special meetings, executive sessions or any rescheduled or reconvened meeting of the Safety Board shall be given in accordance with I.C. 5-14-1.5-5(b)(2) and pursuant to the provisions of the Indiana Open Door Law, I.C. 5-14-1.5.
Section 5.6. Agenda. A written agenda for each regular or special meeting shall be established by the Chief of the Department and the individual(s) responsible for calling the meeting and shall be posted at the meeting location prior to the time of the meeting.
Section 5.7. Quorum and Voting. At any meeting of the Safety Board, the presence of two (2) members shall constitute a quorum. Action by the Safety Board shall be authorized by the affirmative vote of a majority of the members acting at a regular or properly called special meeting at which a quorum is present.
Section 5.8. Workshops. The Safety Board may hold such workshops or administrative meetings for the information and education of Safety Board members and employees servicing the Territory as are deemed necessary from time to time. Unless otherwise allowed under applicable law, all such workshops and administrative meetings shall be open to the public.
Section 5.9. Executive Sessions. The Safety Board may hold meetings in executive session as authorized by and in accordance with the procedures established in I.C. 5-14-1.5 and other applicable laws. Final action on all matters must be taken at a meeting open to the public in accordance with Indiana law.
Section 5.10. Public Records. An official record of all meetings of the Safety Board shall be maintained in the Territory’s principal office. Accurate memoranda of all meetings shall be kept in accordance with I.C. 5-14-1.5-4(b) and (c) and shall be available for public inspection during normal business hours. The Safety Board shall be governed by, and all records of the Safety Board shall be maintained in accordance with, the Indiana Access to Public Records Law, I.C. 5-14-3 et seq.
ARTICLE VI
Acquisition, Ownership and Disposition of Assets and Joint Facilities
The Participating Units agree to the following procedures regarding the acquisition, ownership and disposition of assets and joint facilities utilized by the Territory:
Section 6.1. Ownership and Control of Assets. Certain equipment, rolling stock, real property, leasehold interests and other tangible and intangible assets utilized to further the purposes of this Agreement shall be titled as outlined in Exhibit B attached hereto, and shall be placed in the care and custody of the Executive Board for use by the Territory in carrying out the purposes of this Agreement.
Section 6.2. Acquisition of Assets. Subject to the availability of an appropriation duly approved by each of the Participating Units pursuant to Article VII herein, the Executive Board shall be authorized to serve as the purchasing agent for furthering the purposes of this Agreement. The approval of all purchases shall be by the majority vote of the Executive Board. Authority for purchases totaling less than $5,000.00 may be delegated by the Executive Board to designated personnel within the Department or the Provider Unit, but only upon the unanimous vote of the Executive Board. All purchases and acquisitions of any equipment, goods or materials for use in the Territory shall be subject to all provisions of Indiana law applicable to public purchasing.
Section 6.3. Disposition of Assets. The Executive Board is authorized to dispose of assets utilized by the Territory in the ordinary course of the Territory’s business by a majority vote and any such disposal shall be made in accordance with Indiana laws applicable to governmental entities. Upon termination of this Agreement, the Executive Board shall prepare a plan for the disposal of all of the assets utilized by the Territory. The termination/disposal plan shall require the unanimous approval of the Executive Board and, once approved, shall be carried out by the Executive Board and the Participating Units. In the event a recommendation for disposal of all assets utilized by the Territory is not approved by the Executive Board, within ninety (90) days following the first action to terminate this Agreement, the matter may be submitted by any Participating Unit to the Circuit Court of Cass County for proper resolution and approval of a termination/disposal plan. All dispositions of such assets must be in accordance with the Indiana laws applicable to governmental entities.
ARTICLE VII
Fire Territory Budget and Finance Matters
Section 7.1. Budget Recommendation. The Department shall, not later than June 15th of each calendar year, submit to the Executive Board a proposed budget for the Operating and Equipment Funds of the Territory for the coming budget year, which proposed budget shall be on Form 1 and follow Indiana Department of Local Government Finance (the “DLGF”) procedures. The proposal may contain a reasonable operating balance, not to exceed twenty percent (20%) of budgeted expenses for fire services as allowed by I.C. 36-8-19-8(c). The representatives of the Participating Units on the Executive Board shall confer and consult with their respective legislative bodies on the proposed budget.
Section 7.2. Executive Board Action. Not later than July 1st of each calendar year, the Executive Board shall consider the proposed budget and either approve, reject or modify it by majority vote. In the event of the approval or modification of the proposed budget, the proposed budget shall be referred to the legislative body of the Provider Unit for consideration and action. The legislative body of the Provider Unit may not act on a proposed budget for the operation of the Territory until it receives a proposed budget from the Executive Board.
Section 7.3. Action by Provider Unit. Upon receipt of the approved budget from the Executive Board, the legislative body of the Provider Unit shall either approve or reject the budget proposal in accordance with its regular budget procedures. In the event the proposed budget is approved as submitted, the budget as approved shall be included with the budget for the Provider Unit, and the legislative body of the Provider Unit shall appropriate the funds contained in the budget and, subject to the limitations provided in Section 1.4(d) hereof, establish a tax levy to be imposed throughout the Territory in an amount required to fund the budget as approved. In the event the legislative body of the Provider
