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HomeMy WebLinkAbout1987-12-21/1988 Fire Protection Contract 1988 FIRE PROTECTION CONTRACT TOWN OF ENFIEI D THIS AGREEMENT made this day of December, 1987, by and between the TOWN OF ENFIELD, a municipal corporation, of Tompkins County, New York, hereinafter called the "TOWN" and the ENFIELD VOLUNTEER FIRE COMPANY, INC., a corporation organized under the laws of the State of New York, of the Town of Enfield, Tompkins County, New York, hereinafter called the "FIRE COMPANY." WITNESSETH: WHEREAS, there has been duly established a Fire Protection District which included the entire geographic territory of the Town of Enfield, and WHEREAS, that following a public hearing duly held as provided for in section 184 of the Town Law of the State of New York, the TOWN is duly authorized to contract with the FIRE • COMPANY for fire protection service and emergency service in case of accidents, calamities or other emergencies in the Enfield Fire Protection District. NOW THEREFORE, the TOWN engages the FIRE COMPANY to provide fire protection and emergency service to the Enfield Fire Protection District for a term of one (1) year commencing January 1, 1988 and ending. December 31, 1988, upon the following terms and conditions: 1. The FIRE COMPANY shall be subject to call for attendance upon any fire or emergency or any reported fire or emergency occurring in the district. 2. The FIRE COMPANY shall, when notified by alarm or telephone call or otherwise of a fire or emergency or reported fire or emergency occurring in the district, respond and attend without delay with suitable equipment and apparatus, including but not limited to in the case of fire, wit-laer, pumping and hose apparatusporoceed with diligence to make every reasonable effort to extinguish- it and prevent loss of life and/or property in the case of - 2 - fire or in the case of emergency to react appropriately and prevent loss of life. 3. The FIRE COMPANY shall keep and maintain in excellent repair and working order, suitable and adequate motorized firefighting apparatus, including pumpers, tankers, hoses, ladders and all other necessary fire-fighting tools, implements and equipment and emergency service equipment to properly discharge its obligations hereunder. 4. The FIRE COMPANY agrees to supply the services of a sufficient number of trained and equipped fire-fighters and emergency medical personnel to properly discharge its obligations hereunder. 5. The FIRE COMPANY agrees to procure, obtain and maintain in full force and effect during the term of this Agreement, sufficient insurance coverage for the fire-fighting and emergency apparatus and personnel to be used in discharging its duties hereunder, including but not limited to personal liability, property damage, collision, workmen's compensation payable to a volunteer fire-fighter as provided by Section 205 of the General Municipal Law of the State • of New York. 6. %The TOWN acknowledges that the FIRE COMPANY is a member of the Tompkins County Mutual Aid and that in the event the fire-fighting apparatus and personnel of the FIRE COMPANY are out of the distrcit, the FIFE COMPANY shall arrange through Mutual -Aid for fire protection as provided hereunder, for the distrct, during its absence. .7. The TOWN agrees, on behalf of the distrct, to pay the FIRE COMPANY the sum of Seventy-Four Thousand Fifty ($74,050.00) Dollars, payable in three (3) installments: two each of Twenty-Four Thousand Six Hundre4 Eighty Three and 34/100 ($24,683.34) Dollars on January 1, 1988 and April 1, 1988 respectively, and one of Twenty-Four Thousand. Six Hundred Eighty Three and 33/100 ($24,683.33) Dollars on July 1, 1988. 8. The TOWN and FIRE COMPANY agree that portons of the above payment of $74,050.00 shall be set aside and used as follows: (a) Six Thousand Two Hundred Fifty ($6,250.00) Dollars in an interest bearing account for the purpose of purchasing a replacement fire - 3 truck; and (b) Five Thousand Eight Hundred Fifty ($5,850.00) Dollars for the purpose of purchasing Occupational Safety and Health Act required equipment. 9. The TOWN further agrees, on behalf of the district, to pay the FIRE COMPANY the sum of Fourteen Thousand Four Hundred Fifty ($14,450.00) Dollars upon completion of construction of the new fire protection building, as previously described to the Town Board. Such payment shall be made to. the FIRE COMPANY 25 days after interest on permanent building financing begins to accrue, and shall only be used for or applied toward regularly scheduled payments of debt service (principal and interest) due and payable to the lending institution in calendar year 1988. Any portion not comsumed or not scheduled to be consumed by such payments due and payable in 1988 shall be returned to the T07WN forthwith. The FIRE COMPANY shall provide the TOWN with notice within 5 days after interest an permanent building financing has commenced accruing. 10. The parties acknowledge that this agreement represents the entire agreement between the parties and that any contract for a prior year which called for any payment to be made in 1988 is hereby superceded and of no further force and effect. 11. The TOWN agrees that all monies paid hereunder shall be a charge upon the fire protection district and shall be assessed and levied upon the taxable property in the district and subject to collection with TOWN taxes. IN WITNESS* WHEREOF, the parties have duly executed and delivered this Agreement the day and year first above written, to be effective the first day of January, 1988. TOWN OF ENFIELD BY Town Supervisor ATTEST: Town Clerk ENFIELD VOLUNTEER FIRE COMPANY, - 4 - INC. • BY ATTEST: Secretary STATE OF NEW YORK COUNTY OF TOMPKINS: SS: On this day of 198_, before me personally appeared ETTA C. GRAY, to me known to be the Supervisor of the Town of Enfield, Tompkins County, New York, which executed the foregoing instrument,and being duly authorized by the Town Board of the Town of Enfield to execute the foregoing instrument. Notary Public • STATE OF NEW YORK COUNTY OF TOMPKINS : SS.: On this day of 198_, before me personally came to me known, who, being duly sworn, did .depose and say that he resides in the Town of Enfield, Tompkins County, New York, that he is the President of the Enfield Volunteer Fire Company, Inc., the corporation described in, and which executed the foregoing instrument, that he knows the seal of said corporation, that the seal affixed to such instrument is the corporate seal and that it was so affixed by order of the Board of Directors of said corporation and that he executed the document thereto by like order. Notary Public TOWN OF ENFIELD R.D. #5 ITHACA, N.Y. 14850 December 21, 1987 The Special Town Board Meeting regarding the Fire Protection Contract for 1988 was called to order at 7:30 pm.with the following members present: Elected Officials: Other Officials: Councilman Laue Town.Clerk Jean Scofield Councilman Lanning Councilman Scofield Councilman Linton Supervisor Gray A memo was read dated October 2, 1984 by. Supervisor Gray to Roger Hubbell from Town Attorney Shirley Egan. ,r Town Attorney Shirley Egan feels that the original contract with no changes be adopted and any problems be discussed at a later date. • Councilman Linton made a motion to adopt the contract with changes in pp 2 and except for pp 9-. Councilman Laue seconded the motion. Roll call was taken: Councilman Scofield - no, Councilman Laue - aye, Councilman Linton - aye, Councilman Lanning - no, Supervisor Gray - no. Notion was defeated. Councilman Lanning made a motion to adopt contract with no changes. Councilman Laue seconded the motion. Roll call was taken: Councilman Laue - aye, Councilman Linton - no, Councilman Scofield - aye, Councilman Lanning - aye, Supervisor Gray - aye. Motion carried. Councilman Laue made a motion to adjourn meeting. Councilman Scofield seconded the motion. P-lotion carried. Meeting adjourned at 8:33 pm. Respectfully submitted, Jean Scofield Town Clerk r