ORDINANCE NO. 2016-09
AN ORDINANCE AUTHORIZING THE MAYOR AND THE FISCAL OFFICER
TO ENTER INTO A CONTRACT WITH HARRISON TOWNSHIP FOR
PROVIDING FIRE PROTECTION SERVICES FOR THE YEARS 2016, 2017, AND 2018, AND DECLARING THE SAME AN EMERGENCY
WHEREAS, the Village of Antwerp owns a fire truck and related equipment and has in the past provided fire protection services to outlying areas; and
WHEREAS, the Village of Antwerp and Harrison Township have negotiated the terms and conditions of the Village providing fire protection services to certain portions of Harrison Township.
NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE VILLAGE OF ANTWERP, COUNTY OF PAULDING, OHIO:
Section 1. That the Village of Antwerp Fire Department, hereinafter referred to as “the Village”, will provide fire protection services to that portion of Harrison Township identified in an Agreement to Provide Fire Protection Services (the “Agreement”) and shall be compensated by the Township paying an annual charge of $3,714.00 for the year 2016, $3,788.00 for the year 2017, and $3,864.00 for the year 2018.
Section 2. The Village shall submit an annual invoice to the Township for the annual fixed charge identified in Section 1 above, and any and all charges provided for on the invoice shall be paid by the Township to the Village within thirty (30) days from the date the invoice is received by the Township.
Section 3. All amounts collected as a result of this Ordinance shall be placed into the fund(s) established by the Fiscal Officer as follows: the Fire Fund.
Section 4. That the Mayor and the Fiscal Officer of the Village are authorized to enter into the Agreement with Harrison Township to provide fire protection services for the consideration identified herein.
Section 5. That if any other prior ordinance or resolution is found to be in conflict with this Ordinance, then the provisions of this Ordinance shall prevail. Further, if any portion of this Ordinance is found to be invalid, only that portion shall be held invalid and the remainder shall be in full force and effect.
Section 6. It is found and determined that all formal actions of the Council concerning or relating to the passage of this Ordinance were adopted in an open meeting of the Council, and that all deliberations of the Council and any of its committees that resulted in such formal actions, were in meetings open to the public, in compliance with all legal requirements including all lawful ordinances and any applicable provisions in Section 121.22 of the Ohio Revised Code.
Section 7. This Ordinance shall be retrospective in nature and take effect as of the expiration of the prior ordinances adopted by the Council of the Village of Antwerp and the Agreement and all amendments thereto for the provision of fire protection service in Harrison Township, as reflected in Ordinance Nos. 2011-18, 2015-07, and 2015-25.
Section 8. This Ordinance is hereby declared to be an emergency measure necessary for the immediate preservation of the public health, safety and welfare of the Village and for the reason that the Village and Township must agree to the terms and conditions for the Village to provide fire protection services to the Township, and this Ordinance shall be in full force and effect immediately after its passage; otherwise, it shall take effect and be in force after the earliest period allowed by law.
PASSED THIS _____ day of February, 2016.
Ray DeLong, Mayor
Village of Antwerp
Aimee Lichty, Fiscal Officer
Village of Antwerp
AGREEMENT TO PROVIDE FIRE PROTECTION SERVICES
Pursuant to Ohio Revised Code Sections 505.37 and 9.60, this AGREEMENT is made and entered into this ____ day of ___________, 2016, by and between the Village of Antwerp, County of Paulding, State of Ohio (“hereinafter referred to as the “Village”) and the Township of Harrison, Paulding County, State of Ohio (hereinafter referred to as the “Township”) for the Village to provide fire protection services to the Township for the years 2016, 2017, and 2018, and as more specifically described herein.
WHEREAS, the Mayor and Fiscal Officer of the Village were authorized to enter into this Agreement on February 22, 2016, by an ordinance passed on said date, Ordinance No. 2016-09.
WHEREAS, the Board of Trustees of the Township were authorized to enter into this Agreement on _________________, 2016, by a resolution adopted on said date, Resolution No. _________.
IN CONSIDERATION of the mutual agreements hereinafter contained, and subject to the terms and conditions hereinafter stated, it is hereby agreed by the parties as follows:
1. The Village agrees to provide fire protection services for certain portions of the Township, said territory described as follows:
Sections 1 through 12 of Harrison Township.
2. The scope of the fire protection services provided by the Village to the Township shall be the same as is regularly provided to residents of the Village of Antwerp.
3. Notwithstanding this Agreement to provide fire protection services in the territory described above, the Village’s primary obligation to provide fire protection services is to the territory comprised within the Village’s corporation limits and it shall not be a violation of any of the terms and/or conditions of this Agreement if for any reason the officer in charge of the fire department determines that the department is unable and/or will be delayed in performing the services agreed to herein. The Village shall not be responsible for any loss and/or damages incurred as a result of failure to respond or respond timely to any call for fire protection services in the Township and territory described above.
4. In exchange for providing the fire protection services to the territory described herein, the Township agrees to compensate the Village as follows:
a. A fixed annual charge of $3,714.00 for the year 2016;
b. A fixed annual charge of $3,788.00 for the year 2017; and
c. A fixed annual charge of $3,864.00 for the year 2018.
5. The Village shall submit an annual invoice to the Township for the fire protection services provided to the Township and for any charges due and owing by the Township to the Village as provided in paragraph 4 above. Any and all charges provided for on the invoice shall be paid by the Township to the Village within thirty (30) days from the date the invoice is received by the Township. Failure to remit payment of said invoice could result in termination of this Agreement.
6. The volunteers, employees, agents, and/or officers of the Village that will provide the services to the Township as provided in this Agreement are deemed to be acting within the scope of their employment in providing said services. The Village assumes the cost and/or expenses associated with any injury to those providing the services on behalf of the Village and/or any damage to equipment used in the performance of this Agreement. To the extent permitted under Ohio law, the Township agrees to fully indemnify and hold harmless the Village, its elected officials, its officers, agents, employees and volunteers from any and all obligations, liabilities or claims which may arise as a direct or indirect consequence of the Village’s performance of this Agreement and the services agreed to be performed by the Village herein or the actions of the Village, its officials, agents, employees and any subcontractors employed by the Village. The Township will name the Village of Antwerp as an additional insured on its insurance policy. The Township’s insurance coverage shall be primary insurance as it respects the Village, its elected officials, officers, agents, employees or volunteers and that any insurance maintained by the Village, its elected officials, officers, agents, employees or volunteers shall be excess to the Township’s insurance and shall not contribute to it.
7. The Village hereby represents that the individuals that will provide the fire protection services are volunteers, employees, agents, and/or other officials acting on behalf of the Village. No principal-agent or employer-employee relationship is created by this Agreement. As such, the Township and any of its officials, employees, agents, and/or volunteers are not eligible to receive any benefits from the Village, including but not limited to, OPERS, vacation, sick leave, health insurance, life insurance, worker’s compensation insurance, unemployment compensation, any form of retirement benefits (including social security eligibility), or other benefits based upon the status of the Village providing the fire protection services as independent contractors of the Township. The Township is responsible for payment of all applicable taxes, including federal, state, and local taxes.
8. The Village and the Township each reserve the right to unilaterally terminate this Agreement, with or without cause, upon sixty (60) days written notice to the other party. Any such termination will not alter the obligation of the Township to pay any amounts due and owing to the Village by way of this Agreement for services rendered prior to the termination of said Agreement. It is the responsibility of the Township to notify the users of these services within the territory described herein of the termination of this Agreement.
9. Each party shall maintain accurate records, reports and other documents to sufficiently and properly account for all costs and expenses incurred by each party in the performance of its obligations under this Agreement. These records shall be available in accordance with the public entity’s public records policy for inspection, review, audit, or other legitimate purpose by an authorized representative of the other party, the State of Ohio, the Federal Government, or representative of any, for a minimum of five (5) years after payment has been made pursuant to the terms of this Agreement or until after a State Audit, whichever occurs earlier.
10. This Agreement shall not be assignable by either party hereto without the prior written consent of the other party.
11. If legal action is initiated by either party for the purpose of enforcing or interpreting this Agreement, the prevailing party shall be entitled to its attorney’s fees and costs in enforcing this Agreement.
12. The validity and interpretation of any of the terms or provisions of this Agreement or of the rights or duties of any of the parties hereunder shall be governed by the laws of the State of Ohio.
13. The invalidation of any clause or provision of this Agreement shall have no effect on the remaining provisions of this Agreement, and as such, the remaining Agreement shall remain in full force and effect, and be interpreted as consistently as possible.
14. Any notice required to be given hereunder, shall be given as follows:
The Village of Antwerp The Township of Harrison
Attn: Sara Keeran, Administrator Attn:
P.O. Box 1046
Antwerp, Ohio 45813
Telephone: (419) 258-2371
Fax: (419) 258-1337
Attn: Ray Friend, Fire Chief
P.O. Box 1046
Antwerp, Ohio 45813
Telephone: (419) 258-8081
Fax: (419) 258-8081
15. This Agreement shall be effective as of January 1, 2016, and shall continue in full force and effect thereafter for the calendar years of 2016, 2017, and 2018 subject to the terms and conditions set forth herein. This Agreement supercedes any and all prior agreements between the Village and the Township pertaining to the provision of fire protection services.
16. It is understood and agreed by the parties hereto that the signatories to the Agreement have been duly authorized to execute this Agreement on behalf of the respective parties, and that the parties hereby waive any challenge or defense to the validity of this Agreement based on lack of capacity, or irregularity in the procedures surrounding the execution of this Agreement.
Executed at __________________________, Ohio, on the day and year first above written.
VILLAGE OF ANTWERP TOWNSHIP OF HARRISON
Title: Mayor Title:
Title: Village Fiscal Officer Title: