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HomeMy WebLinkAboutMN-BFC-2013-03-19CITY OF ITHACA BOARD OF FIRE COMMISSIONERS MEETING MINUTES Tuesday, March 19, 2013 Present: Chair Gilligan Commissioners: Hoard, Ellsworth, McGonigal Others Present: Fire Chief — Parsons Alderperson and Liaison to Board — Fleming Information Management Specialist - Myers I. Call To Order: Chair Gilligan called to meeting to order at 1605 hours. II. APPROVAL OF MINUTES: A. Approval of the February 12, 2013 Board of Fire Commissioners Meeting Minutes - Resolution By Commissioner Hoard: Seconded by Commissioner McGonigal RESOLVED, That the minutes of the February 12, 2013 Board of Fire Commissioners meeting be approved as corrected. Carried Unanimously III. ADDITIONS TO OR DELETIONS FROM THE AGENDA: There were no additions to or deletions from the agenda. IV. PERSONS WISHING TO SPEAK TO THE BOARD OF FIRE COMMISSIONERS: Lyle Neigh addressed the Board to remind them of the need to return certain items, privately purchased, by members of Company #5 to its members. The items consist of two stained glass windows, minute books, and an antique poker table. A brief discussion followed on the floor with Board members and members of the public (members of the veteran volunteer fire company) about where the items could be located and how to return them. The Board and Chief Parsons had no problem with returning the items to the company as soon as they are located. Ray Wheaton reported that it had been brought to his attention that Bill Chapin, former bunker at IFD and first responder who died during a rescue effort 27 years ago, would soon have his name placed on the National Fire Fighters Memorial in Maryland. There are efforts underway as well to have his name placed on the New York State Fallen Fire Fighters Monument in Albany. Tony Scaglione is working on that effort and may need a letter in support from the Board of Fire Commissioners. March 19, 2013 V. CORRESPONDENCE: A. Chair Gilligan reported that the bank statement from the Tompkins Trust Company Donation Fund dated February 28, 2013 had a beginning balance of $1,058.51 and an ending balance of $1,058.51 reflecting no activity as of February 28, 2013. Chair Gilligan read the following letters submitted by Mr. Lyman Baker for the record: Dear Board members, The first mention of Fire Police by the Firemen's Association of the State of New York was in Elmira circa 1876. The Fire Police are unique in that they are the first trained Firefighters, belonging to a fire department, while being a volunteer. Firefighter policy in the Ithaca Fire Department has changed, in that you can now just join as a Fire Police. Fire Police training has not changed. Members of Neriton Hose and Ladder Company 9 Fire Police should have training with other law enforcement agencies according to the seminar program which I just attended. There is additional Fire Police training at: www.ResponderSafety.com Also, 1 hope the Ithaca Board of Fire Commissioners can open the doors of the Fire Stations next year for recruitment of new volunteers during April 2014 at the FASNY open house program. I will help. Thanks for listening, Lyman Baker 74 Mary Street Ithaca, NY 14850 607 - 272 -6274 2. RE: Ithaca City Cemetery Firemen's Section: Dear Board members, Ray Wheaton and Lyman Baker patrolled the area for vandalism in February 2013 for 2 hours each. To our amazement, the memorial wreath placed at the Firemen's Monument on December 7, 2012 was still standing tall. Thanks for taking part in this annual ceremony. Lyman Baker, March 19, 2013 March 19, 2013 B. Chair Gilligan reported to members of the public that the change in date for the March Board of Fire Commissioners' meeting was discussed at the end of the February Board meeting. He stated that the agenda for today's meeting was posted to the City's website on March 8, 2013, and the city's website also noted the new meeting date on its home page. He explained that there isn't a way for the public to sign up for notifications of changes to meeting dates at this point. He does not want to take on additional tasks nor ask staff to take on additional tasks to create such a notification process for changes in meeting dates, when individuals can view the website or call to confirm meeting dates. VI. MEMBERSHIP CHANGES: A. There were no membership changes to report. B. Chair Gilligan reported that one application for volunteer membership was submitted, will be reviewed, and placed on a future agenda for the Board's consideration. VII. MISCELLANEOUS REPORTS: A. Town of Ithaca: Chair Gilligan reported that the next Town of Ithaca report would be provided in May. B. City of Ithaca: Commissioner Hoard reported that the next City of Ithaca report would be provided in May. C. Audit: The audit was reviewed and completed by Commissioner Ellsworth. D. Fire /Police Report: Dave Cornelius provided the following report for the Board: The training on February 19, 2013 was on blood borne pathogens. March's training is scheduled to be on the City's diversity and anti - discrimination policies. Fire Police members, Jim Rogers, Jack Gould, and Dave Cornelius responded to a rollover accident at the Corner of Meadow Street and Green Street on February 12, 2013 at around 5:00 p.m. Being rush hour, they were able to keep traffic moving around the accident scene for about an hour. The new 800 MHz radios Company 9 ordered for our fire police have been received and are at County Dispatch awaiting programming. These will be issued to our members as soon as they are received. We have already received training on the 800 MHz radios but will need to sit down with Chief Parsons to discuss the radio procedures we need to follow to stay in compliance with the County's guidelines. Respectfully submitted, David Cornelius March 19, 2013 VIII. DEPARTMENT REPORTS: A. Fire Chief and Deputy Chief Reports: Chief Parsons highlighted and discussed in detail with the Board items from his monthly report dated March 8, 2013, which is attached to the minutes. A brief discussion followed on the floor regarding the revised budget process for 2014. Alderperson Clairborne is the "point" person for information on the fire department for Common Council. He will meet with the Chief to review responsibilities of the department and become better informed of the department's programs. Commissioner Ellsworth questioned whether there were plans for a merger between the fire department and building department. Alderperson Fleming responded that a merger is not planned for the 2014 budget. Discussion followed on the floor regarding resources for all the fire inspections that will be needed in both the City and Town of Ithaca related to all the new construction taking place. IX. OLD BUSINESS: A. Status & Impact of Proposal to Shift Responsibility for Fire Inspections Out of IFD to Building Department: Chair Gilligan reported that the Mayor had intended to appoint a committee to review the proposal, but at this point had not done so. He noted that he would keep this item "open" on the Board's agenda. B. Update on Funds Returned to City Chamberlain by Former Volunteer Companies: Chair Gilligan reported that he was not aware of any company returning money to the City Chamberlain. Chief Parsons stated that one company contacted the City Chamberlain last week, but he is not aware of any of the details. Chair Gilligan stated that he would follow up with City Chamberlain Parsons and City Attorney Lavine on the topic and report back to the Board next month. C. Recognition of Former Volunteers with Ithaca Fire Department: Chair Gilligan stated that this issue is still too sensitive at this time, and not particularly desirable to move forward with at this point. He noted that it would be brought back to the Board at some point in the future. D. Report From Committee Working on Volunteer Recruitment /Active Membership Categories and Requirements for Class I, II, III — Volunteer Handbook Update: Commissioner Hoard reported that the sub - committee met and work was assigned. At this point, work on assignments is incomplete. He will try to meet with Chair Gilligan and Chief Parsons briefly after today's meeting to develop a plan to move forward. 4 March 19, 2013 E. Amendment to Agreement Between the City of Ithaca and the Ithaca Veteran Volunteer Fireman's Association (IVVFA) — Resolution By Commissioner McGonigal: Seconded by Commissioner Ellsworth WHEREAS, on August 11, 1998, an agreement was executed between the Ithaca Veteran Volunteer Fireman's Association (hereinafter, IVVFA) and the Board of Fire Commissioners of the Ithaca Fire Department for the housing and display of the Steamer at the IVVFA's facilities at 638 Elmira Road; and WHEREAS, the Board of Fire Commissioners recognizes the value of a proper location and enclosure for the preservation and display of such an artifact as the Steamer, which the IVVFA has provided for almost 15 years; and WHEREAS, the City of Ithaca, currently carries, and agrees to continue to carry, insurance to cover any damage or loss to the Steamer in an amount sufficient to protect the City of Ithaca's interest in the Steamer; and WHEREAS, in consideration of the valuable housing and display services provided by the IVVFA under the agreement, the City of Ithaca has determined that additional insurance from the IVVFA would be an unnecessary redundancy in the use of the IVVFA resources; WHEREAS, the City of Ithaca anti - discrimination statement was amended subsequent to the signing of the original agreement; and now, therefore it is RESOLVED, to amend the original agreement to remove the IVVFA's obligation to insure the Steamer and update the City's anti - discrimination clause and be it AGREED, an amendment to the original agreement shall be executed between the parties which will amend the original agreement as follows: 1) To delete paragraph (2)(H) in its entirety, and substitute the following language: (2)(H) That the BOARD, through the City of Ithaca, will insure the Steamer in an amount sufficient to protect the City of Ithaca's interest in the Steamer. 2) To delete paragraph (7) in its entirety, and substitute the following language: (7) The LICENSEE will not discriminate against any employee, applicant for employment, sub - contractor, supplier of materials or services, or program participant because of actual or perceived: age, creed, color, disability, ethnicity, familial status, gender, height, immigration or citizenship status, marital status, national origin, race, religion, sexual orientation, socio- economic status, or weight. 3) All other provisions of said Agreement shall remain in full force and effect. March 19, 2013 IN WITNESS WHEREOF, the parties hereto have executed or approved this Amendment of the Agreement on the dates appearing under their signatures. ITHACA BOARD OF FIRE COMMISSIONERS: William Gilligan, Chair — Board of Date Fire Commissioners ITHACA VETERAN VOLUNTEER FIREMEN'S ASSOCIATION, LICENSEE Aw , Ithaca Date Veteran Volunteer Firemen's Association Chair Gilligan reported that the proposed amendment to the 1998 agreement (attached to the minutes) was reviewed by Bill Baker, President of the Ithaca Veteran Volunteer Fire Company, and by other members of that company and was approved. Commissioner McGonigal stated that the steamer is "irreplaceable ", as was noted by someone at a previous meeting. He feels that insuring the steamer by the City is a good idea, as well as a way for the veterans to save some money. A Vote on the Resolution Resulted as Follows: Carried Unanimously F. Consideration of Reporting and Other Requirements for Volunteer Companies and Recipients of 2% funds: Chair Gilligan stated that two reports had been submitted regarding the 2% monies — one from the veteran volunteer company, and one from Company #1. He noted that these reports are due to New York State by March 1s` of each year. He will check with Company #9 and the other formerly active company members regarding the status of the 2% funds. Discussion followed on the floor regarding what the report needs to contain, since no funds were received in 2012. Chair Gilligan responded that the report should contain the balance in the account and what the money was used for. The companies should follow the same reporting format as in previous years. Mr. Gould stated that he believed Company #6 turned in the report, and Mr. Wheaton stated that he believed Company #2 turned in their report. Chair Gilligan stated that he would touch base with the other formerly active company members to determine the status of their reports. N March 19, 2013 G. Discussion of Guidelines for using Board of Fire Commissioners Donation fund: Chair Gilligan stated that he would see if a report can be done on what, specifically, this fund has been used for over the past five years and use that as a starting point for the Board's discussion of the topic. At this time, the balance is $1,058.51. Ray Wheaton reported that the City of Ithaca Fire Department established a not - for - profit organizational structure in the early 1990's for a bank account that could be used for donations by the public that would provide a tax - exempt status as an incentive for donations. That account should still be in place and the Board should investigate its status and the rules for how those donations can be used. Chief Parsons responded that he would touch base with former Chief Wilbur and Volunteer Coordinator Lynch about the not - for - profit designation and the status of the account. He will report back to the Board on his findings. X. NEW BUSINESS: A. City /Town Fire Service Agreement and Impact on Level of Fire Service Protection if Changed /Terminated: Chief Parsons reported that the Mayor and Town of Ithaca Supervisor have been meeting to discuss the contract. The Town of Ithaca has stated publicly that they don't feel they can continue to pay the same amount for fire services. He stated that in the 1980's — 1990's the Town of Ithaca was paying for half the cost of the fire services, and that was why two stations were built in the Town of Ithaca, and one station closed in the City of Ithaca. Now the Town of Ithaca pays for fire services provided by the City of Ithaca Fire Department based on assessments. Currently, that equals about 32% of the fire department's budget. He stated that no other municipalities have expressed a desire to take over these fire services on behalf of the City for the Town due to the high call volume. He further reported that the Town of Ithaca has to notify the City of Ithaca by the end of the year if they don't want to renew the contract. He further noted that a public conversation will need to occur in the next few months as well. Chair Gilligan stated that the Board would like to see the electronic contract between the Town of Ithaca and City of Ithaca for the Board's April agenda to discuss further. Chief Parsons stated that he would make sure the document was provided in time for the agenda for the April meeting. B. Discussion of 2014 Budget Process: Chair Gilligan questioned when the Board would interface with Common Council or Alderperson Clairborne regarding the department's 2014 budget. He noted that the intent is to have a better process for the review and recommendation of a budget. In addition, all terms for Common Council members end on December 31, 2013 so there is the potential for changes in the Council's make -up for 2014 as well. 7 March 19, 2013 Chief Parsons explained that he does not have the guidelines from the Mayor for the development of the department's 2014 budget. He noted that there is not much that can be further cut in terms of the current fire department budget and that if cuts are required then it will affect services. If services are affected, then Common Council and the Mayor will need to provide direction as to what services should no longer be performed. He also noted that the department is in year 3 of 5 of the contract with fire fighters and labor costs will increase in upcoming years due to increases included with the contract. In addition, pension and health insurance costs continue to increase. XI. ADJOURNMENT: On a motion, the meeting adjourned at 1737 hours. Sarah L. Myers William Gilligan Information Management Specialist Chair R1 CITY OF ITHACA 310 West Green Street Ithaca, New York 148505497 OFFICE OF THE FIRE CHIEF Telephone: 607 /272 -1234 Fax: 6071272 -2793 MEMORANDUM To: Board of Fire Commissioners From: Tom Parsons, Fire Chief Date: March 8th, 2013 Re: Fire Chief's Monthly Report to the Board of Fire Commissioners ADMINISTRATIVE DIVISION Administration 1) Career Personnel Report PERSONNEL STAFFING LEVELS 1 Chief 1 Deputy Chief (per diem) 5 Assistant Chiefs 9 Lieutenants 48 Fire Fighters 64 Uniform Personnel 1 Administrative Coordinator Total employees as of February 28th, 2013 — 65 a) Hiring /Recruitment Committee • No Report b) Retirements: • No Report C) Promotions: • No Report e) Vacancies: • None Page 2 of 8 - Fire Chief's Monthly Report 2) Budget Status March 8th, 2013 a) 2012 Budget: We have nearly half of the department's firefighters and officers up for EMT recertification this year. This will put some added pressures on our overtime budget. We also had 3- second alarm incidents in February that has drawn upon our overtime budget line. We continue to transition more of our apparatus repairs to DPW. I expect it will be a noticeable savings to the department's repair budget line over the rest of the year. b) Capital Budget — A Capital Project plan was developed by the City's Engineering Department to replace both roofs of Central Fire Station. The estimated cost is for $359,735.75. City Common Council and the Town of Ithaca Board have approved the Capital Project. We will soon be going out to bid on the HVAC system upgrade at Central Station. This project has been in design since last year. It is anticipated that work will start in the next couple of months 3) County Communications and 911 Program: a) Tompkins County 911 Center received a 2.8 million dollar grant from NYS for Interoperable Communications. This will not directly benefit Ithaca, but will help our neighboring departments that border other counties. 4) Grants and Donations a) On March 6th, 2013, IFD submitted a grant application to the NYS Department of Homeland Security and Emergency Services for water rescue equipment and training. The grant will provide funding for more swift water and calm water rescue equipment as well as funding the training of the firefighters on the use of the equipment provided in by the grant. There is no local share required to receive the grant. 5) Resource Recovery Legislation No Report 6) City Charter Update No Report Operations 1) Mutual Aid Calls: Quarterly Report Page 3 of 8 - Fire Chief's Monthly Report March 8th, 2013 2) Selected Calls — 1. 07 February 2013 - Structure Fire — 109 Delaware Street, City of Ithaca a. IFD units were on the scene in under 3 minutes b. Fire was controlled within 15 minutes c. Damage was limited to a bathroom and attic space d. No injuries of civilians or firefighters e. Mutual aid from Newfield, Cayuga Heights and Lansing to cover Ithaca Fire Stations while all units were out on the call f. Cause of the fire was a malfunction of a bathroom fan fixture 2. 10 February 2013 —Gorge Rescue —Six Mile Creek in the Town of Ithaca a. IFD units were dispatched to a person who fell into the gorge and couldn't climb out. Person was not injured. b. IFD set up a rope system to lower a rescue down to the victim and to raise them back up to the top. It took 10 persons to rescue the individual. c. Newfield Fire Department responded with an ATV to help transport people and equipment out of the watershed area d. IFD units were on the scene for about 2 hours. 3. 14 February 2013 - Structure Fire — 1059 Danby Road, Town of Ithaca a. IFD units were on the scene in 4 minutes b. Fire was controlled within 10 minutes c. Fire Damage to two apartment units along the exterior wall d. No injuries of civilians or firefighters e. Mutual aid from Newfield, Cayuga Heights and Lansing to cover Ithaca Fire Stations while all units were out on the call f. Preliminary cause is accidental 4. 23 February 2013 - Structure Fire — 101 Harris B Dates Drive, Town of Ithaca a. IFD units on the scene in 4 minutes b. Fire was extinguished by CMC security c. IFD ventilated smoke from the floor and area of the fire d. Damage was minor e. No injuries of civilians or firefighters f. IFD at the time of the call was already out on two other calls. IFD units were either released from other assigned calls, or units were diverted to the higher priority incident. g. Cause of the fire was malfunction of mechanical equipment. 5. 27 February 2013 - Structure Fire — 1686 Slaterville Road, Town of Dryden (Mutual Aid Request) a. IFD units on the scene in 5 minutes ( the location is just outside the Town of Ithaca) b. Fire was brought under control in 20 minutes. c. IFD units were the first firefighters to attack the fire d. Fire Damage was extensive to the building e. No injuries to civilians or firefighters. There were some pets who died from smoke inhalation Page 4 of 8 - Fire Chief's Monthly Report f. IFD units were on the scene for about 2 hours 3) Support No Report LIFE SAFETY DIVISION Fire Prevention Bureau March 8th, 2013 1) Code Enforcement Division: The following is a list of February activities - Complaints Received: 24 Referred to Town of Ithaca 1 Referred to City Building Department 18 Inspections: 210 City Fire Safety & Property Maintenance 85 Town Fire Safety & Property Maintenance 121 City — Sprinkler Inspections 4 Notices: 30 Inspection Past Due 15 Permits Expired 15 Permits or Certificates: 30 Operating Permit — Assembly Occupancy 15 Operating Permit — Hazardous Occupancy 0 Operating Permit — Lumber Yard 1 Operating Permit — Elevator 1 Certificate of Compliance - Occupancy 13 Certificate of Compliance — Fire Alarm 0 Certificate of Compliance — Fire Sprinkler 0 Certificate of Compliance — Alternative Suppression 0 2) Fire Investigation Unit: There were two fire investigations performed in February: • 1059 Danby Road, Town of Ithaca, Structure Fire at an Apartment Building - Preliminary Cause: Accidental Page 5 of 8 - Fire Chief's Monthly Report March 8th, 2013 • 101 Harris Dates Drive, Cayuga Medical Center, Town of Ithaca, Fire in a Storage Room — Cause was a failure of mechanical equipment 3) Public Education and Special Events: Public Education Events: 1 Fire Drills Witnessed: 0 Child Safety Seat Inspections: 3 4) Town of Ithaca: The Fire Inspection work we've been doing for the Town of Ithaca continues to move along well. I believe we've made good progress on getting the Town caught up with over due fire inspections. Lt Haines -Sharp has been meeting weekly with the Town's Director of Code Enforcement Bruce Bates. Over the last two weeks we've been up on Cornell Campus inspecting non -state owned facilities in both the Town and the City. 5) City of Ithaca: The City Administration Committee has revised the budget process for the 2014 budget. The process starts with Common Council and ends with Common Council. Each department will be meeting with a designated representative from Common Council, which for the fire department is J.R. Clairbome. There will be a programmatic overview of a department's area of responsibility. Common Council will make recommendations to the Mayor in July based on tax cap, fund balance, staffing /layoffs, and programmatic priorities. The Mayor and the Controller, with input from each department head, will develop a budget that is to be presented to Common Council on October 1St. As part of the budget package, Council will receive a 2 page Departmental Budget Executive Narrative from the department heads, using a Council approved template that will also include an opportunity to identify needs not included in Mayor's proposed budget. Proposed 2013 calendar: • 2/27 CA: Discuss process at City Administration meeting make recommendation to Council • 3/6: Council reviews and adopts process • 3/27 -5/22 CA: Assigned City Administration member holds an in depth discussion session with DHs for assigned programmatic area. At City Administration, monthly discussion of priorities, opportunities, concerns by programmatic area led by assigned City Administration member focus on programmatic overview not a line by line discussion; align with strategic themes. All Council invited if interested • 3/27 -5/22 CA: Schedule monthly discussion of a draft Council budget priorities document that aligns with outcomes of strategic planning event; all Council invited if interested Page 6 of 8 - Fire Chief's Monthly Report March 8th, 2013 • 5/22 CA: Finalize recommendation of priorities: tax cap, fund balance, staffing /layoffs, programmatic priorities • 6/6: Council adoption of budget priorities; directive memo to Mayor • 6/26 -7/24 CA: Draft and finalize a Departmental Budget Executive Narrative document template to be used by department heads for their discussion at Council (think: IYB format from last year) • 9/25 CA: Refine October meeting schedule and review process, if needed • 10 /1: Mayor presents budget to Council at first budget meeting along with department head's executive summaries • In October, there will be Council meetings to discuss different elements of the budge process and the budget itself. • 11/12: Council votes on budget OPERATIONS DIVISION Response 1) Monthly Incident Report: City of Ithaca: 272 Incidents (71.58 %) Fires: 5 EMS /Rescue: 115 Hazardous Conditions: 16 Service Calls: 13 Good Intent: 29 Alarms/No Fires: 94 Town of Ithaca: 105 Incidents (27.63 %) Fires: 3 EMS /Rescue: 54 Hazardous Conditions: 2 Service Calls: 3 Good Intent: 13 Alarms/No Fires: 30 Mutual Aid: 3 Incidents (.79 %) Fires: 1 EMS /Rescue: 2 Hazardous Conditions: 0 Service Calls: 0 Good Intent: 0 Total: 380 Incidents (100 %) Page 7 of 8 - Fire Chief's Monthly Report March 8th, 2013 2) Emergency Management: In February, I met with members from the Tompkins County Health Department, Department of Emergency Response, and Department of Social Services to discuss ways that Tompkins County can develop and improve the effectiveness of the County's Emergency Operations Center. The City of Ithaca routinely activates it Emergency Operations Center during times of pending or actual disasters. That includes special events and weather emergencies. When disasters involve more than just the City of Ithaca, the goal will be to have City Staff and Officials join forces with Tompkins County Staff and Officials with the operation and staffing of a County Emergency Operations Center. Support 1) Training Center Quarterly Report 2) Apparatus and Facilities Ladder Truck 933: Our 1998 LTI Ladder Tower has been out of service since late November of 2012 with a broken cradle support. We have spent two months trying to get parts to repair the truck, but so far the manufacturer, American LaFrance, has not been able to deliver the parts we need. On February 19th, we transported the truck to Pennsylvania to have the unit repaired at third parry service center that has people with the expertise and knowledge to make the repairs. I expect the truck to return to service the week of March 17th New Ladder Truck: Pierce Manufacturing has notified us that they have begun construction of our new ladder truck. It is expected to be delivered to Ithaca this June 2006 Lift Truck: The City of Syracuse has offered to purchase our 2006 Altec Lift Truck that we put up for sale late 2012. This truck was used by the Fire Alarm Superintendent to maintain the municipal fire alarm system before it was decommissioned in 2011. Terms of the sale have been finalized through the City Controller's Office and the transfer will take place on March 13th. Training Quarterly Report — Volunteer Recruitment and Retention Page 8 of 8 - Fire Chief's Monthly Report March 8th, 2013 1) Summaries of Service Hours: Quarterly Report 2) There are currently 15 Active Volunteer Firefighters and Fire Police 3) Requests from Company Members to become active: No Requests Received 4) We have had one inquiry from a member of the community to join. An application has been provided. It has not been returned. LICENSE AGREEMENT FOR DISPLAY OF ANTIQUE STEAMER FIRE ENGINE Made this —x4r day of August, 1.998, by and between THE ITHACA BOARD OF FIRE COMMISSIONERS, a corporation with offices at 310 West Green Street, Ithaca, New York, hereinafter called the "BOARD" and the ITHACA VETERAN VOLUNTEER FIREMEN'S ASSOCIATION, a not -for- profit corporation incorporated under the laws of New York State with offices at 638 Elmira Road, Ithaca, New York, hereinafter called the "LICENSEE." WITNESSETH: WIiEREAS, the LICENSEE wishes to display an antique, horse - drawn steam fire engine built in 1896, hereinafter called the %ksteamer," which is under the jurisdiction of the Ithaca City Fire Department, for the purposes of preserving the steamer, providing appropriate public display of an important historical piece, and for the further purpose of creating public recognition of the services provided by the LICENSEE in terms of its stewardship of the Ithaca Fire Department's history and artifacts; and WHEREAS, the BOARD wishes to license the property for these purposes. NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained, the parties do hereby agree as follows: 1. The 1896 steamer is now, and always will be, the property of the City of Ithaca and managed by the BOARD. 2. The BOARD agrees to permit the LICENSEE to display the steamer on the following conditions; A. That while under the Control of the LICENSEE, the steamer will remain on the premises of the LICENSEE, 638 Elmira Road, Ithaca, New York, cr such other premises mutually agreed to, in writing, between the two parties; B. That the display space, located at 638 Elmira Road, Ithaca, New York, is environmentally appropriate to foster the preservation of the steamer; Q: \ATT0RNL7Y \ANGELA \FIRE.CNT b0 /Z0 39dd OS id3Q 38I3 VDVHII E6LZZLZLO9 9Z:ZZ ET0Z /Gi /E0 C. That the display space has adequate security to insure the safe keeping of the steamer; D. That the BOARD will have access to examine and /or repair or restore the steamer upon two (2) business days' notice. E. That the LICENSEE will obtain the permission of the Fire Chief prior to making any repairs, improvements, or other alterations to the steamer, and that such permission will not unreasonably be withheld; F. That the LICENSEE shall obtain prior written notice from the Fire Chief for the transportation of the steamer; G. That all transportation costs shall be paid by the LICENSEE; H. That the LICENSEE shall submit to the BOARD a certificate of insurance listing the BOARD as an additional insured in an amount equal to or greater than the appraised value of the steamer. 3. The LICENSEE shall indemnify and save the City of Ithaca and the BOARD harmless from any and all liability arising from the display of the steamer and from any and all liability arising from injuries during the term of this agreement, to any person or property occasioned wholly or in part of by any action or omission of the LICENSEE, its agents or invitees. 4. The term of this agreement shall be in effect for 99 years from. the date of execution. Either party will have the right to terminate this agreement upon 90 days' written notice to the other party. S. This agreement shall terminate if the LICENSEE shall ever become insolvent and /or disbands or dissolves. 6. Workers Compensation and Disability Coverage: As a condition for entry into this agreement, the LICENSEE shall present evidence to the BOARD that the LICENSEE provides the levels of workers compensation and disability coverage required by the State of New York or that such coverage is not required. e: \ATTORNEY \ANGELA \FIRE.CNT D0 /EO 39Vd OS id3G 38Id COVHII £6LZZLZLO9 9Z:ZZ ELOZ /bt /EO 7. Non - Discrimination: The LICENSEE shall not discriminate against any employee, applicant for employment, sub- contractor, supplier of materials or services or program participant because of race, age, creed, color, sex, national origin, disability, marital status or sexual preference. IN WITNESS WHEREOF, the parties hereto have hereunder set their hands and seals the day and year first written above. DATED: l/ 198 Q: \ATTORNEY \ANGELA \FtRE.CNT THE ITHACA BOARD OF FIRE COMMISSIONERS �44u.r.wov�� �s� j'`'`am `�""�'�►� . THE ITHACA VETERAN VOLUNTEER FIREMEN' S ASSOCIATION, LI/C�ENSEE By Xxxx D0 /D0 39dd OS id30 3d1J dOdHlI E6LZZLZL09 9Z :ZZ ELOZ /bt /E0