Loading...
HomeMy WebLinkAbout1992 contract EVFC1992 FIRE PROTECTION CONTRACT TOWN OF ENFIELD -THIS AGREEMENT made this day of December, 1991, 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 includes 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, 1992 and ending December 31, 1992 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 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 separately 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 good repair and working order, suitable and adequate motorized fire -fighting 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, and workman'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 district, the FIRE COMPANY shall arrange through Mutual Aid for fire protection as provided hereunder, for the district, during its absence. 7. The TOWN agrees, on behalf of the district, to pay the FIRE COMPANY the sum of One Hundred Forty Thousand Forty Dollars and no 1/100ths ($140,040.00) Dollars, payable in three (3) equal installments of Forty -Six Thousand Six Hundred Eighty and no 1/100ths($46,680.00) Dollars each on January 1, 1992, April 1, 1992, and July 1, 1992 respectively. 2 l < 8. The TOWN and FIRE COMPANY agree that Eight Thousand Dollars and no 1/100th ($8,000.00) Dollars of the above payment of $140,040.00 shall be set aside in an interest bearing account and used for the purpose of purchasing replacement emergency vehicles. 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 this year is hereby superseded 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. 11. The FIRE COMPANY and the TOWN acknowledge that in performing -the terms of this contract, the FIRE COMPANY is performing an essential public function which is largely paid for by public funds. The parties agree that it is in their mutual interest -and in the interest of the public that they assist each other in maintaining the public trust. In order to further these interests, and assist each other to maintain the public trust, and in order to foster an understanding and appreciation of the work of the FIRE COMPANY, the FIRE COMPANY and the TOWN agree to the following: a. The parties agree to meet periodically during the year at the request of either party to discuss the FIRE COMPANY's plan for its contract with the TOWN, income and expenses as they relate to the obligations of the FIRE COMPANY under this contract, expenditures to date under this contract, and other aspects of its financial condition and operations solely as they pertain to fund allocations under this contract. The TOWN also agrees to pay for any consulting services of a certified public accountant or other consultant :to assist the FIRE COMPANY and the TOWN to come to a working agreement concerning what items are usually includedby fire companies in their periodic reports to their towns, pertaining to Town Funds received pursuant to Town fire protection contracts and to their discharge of their obligations under such Town contracts and how best to make these periodic reports. b. The TOWN may request and pay the expense of an independent audit by a Certified Public Accountant, of the financial 3 records maintained by -the FIRE COMPANY pertaining solely to the Town funds received pursuant to the 1990 and 1991 contracts. C. The TOWN may request and pay the expense of an independent audit by a Certified Public Accountant of the financial records maintained by the FIRE COMPANY pertaining solely to the Town funds received pursuant to this- contract and to the -funds used solely in the discharge of its obligations under this contract from the FIRE COMPANY "Town Account". d. The FUZE COMPANY and the TOWN agree to act in good faith and to take steps with all due haste -to -accomplish the provisions of this paragraph. 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, 1992 TOWN OF ENFIELD BY Town Supervisor 0 own Clerk ENF= VOLUNTEER FIRE COMPANY, INC 'Z BY ATTEST: 1H On this /2—day of December, 1991, 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. ,v Nog Public STATE OF NEW YORK}� ='a 'ark COUNTY OF TOMPKINS : SS.: C = fed , or okins L� gty Terga wire, September 30, 19, , On this IR day of December, 1991, before me personally came D6rti„ Nr c -SC-A-m c ,j , to me known, who, being duly sworn, did depose and say that he resides in th Town of Enfield, Tompkins County, New York, that he is the rr, of the Enfield Volunteer Fire Company, Inc., I 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. N2, Public �r ,r -_ - Nctary i' i ";c, v fe ° New York . w Y No. 4787348 Quified in T-mokins County Tcr n ares, September 30, 14.. v 61