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HomeMy WebLinkAbout1990 contract EVFC• 1990 FIRE PROTECTION CONTRACT TOWN OF ENFIELD THIS AGREEMENT made this day of December, 1989, 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 followings 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, 1990 and ending December 31, 1990 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, with ladder, pumping and hose apparatus, proceed with diligence to make every reasonable effort to extinguish it and prevent loss of life ,and/or property in the case of fire or in the case of emergency to react appropriately and prevent loss , of life The parties agree that it is not their intention that the cost to the FIRE COMPANY of responding to spills or other emergencies involving hazardous materials be ; covered by the consideration set forth below, but rather that the FIRE COMPANY be seperately reimbursed by the Town for any such cost. of responding to a hazardous materials emergency from monies which the TOWN can obtain from other sources available to it, but not available to the FIRE COMPANY. 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 FIRE COMPANY shall arrange through Mutual Aid for fire protection as provided hereunder, for the distrct, during its absence. 7. The TOWN agrees, on behalf COMPANY the sum of One Hundred Hundred Thirty ($129,330.00) Dollars installments of Forty Three Thousand of the distrct, to pay the FIRE Twenty -Nine Thousand Three payable in three (3) One Hundred Ten ($43,110.00) 9. The parties .acknowledge that- this agreement represents the entire, agreement between the parties and that any contract for a prior year which called for any payment to be made in 1988 is hereby superceded and of no further force and effect. 10. The TOWN agrees that all monies paid hereunder shall be a charge upon the fire protection district and shall be assessed and levied upon the taxable property in the district and subject to collection with TOWN taxes, IN WITNESS WHEREOF, the parties have duly executed and delivered this Agreement the day and year first above written, to be effective the first day of January, 1990. TOWN OF ENFfFT n STATE OF NEW YORK COUNTY OF TOMPKINS: SS: On this Lday of December, 1989 before me personally appeared ETTA C. GRAY, to me known to be the Supervisor of the Town of Enfield, Tompkins County, New York, which executed the foregoing instrument,and being duly authorized by the Town Board of the Town of Enfield to execute the foregoing instrument. Noo�y Public STATE OF NEW YORK AN M. s `��lEt t7 York 1, b,ic State of New COUNTY OF TOMPKINS : SS.: Notary No. 4787a ,orr,,KlnsCounty Qualine �eute"nt er 39; 19. / l T ra r n this day of December, "$ before me personally y ca ��� to me known who, beingduly 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. Nory Public JEAN M* SCOFIELD Yuri: Notary Public, state of New No. 47873AS Qualifier; i,,, _on-,.,,kins county 91 Term Exair_s September