Loading...
HomeMy WebLinkAbout2007 Enfield Volunteer Fire Company Fire Contract other documentsTire rrxw i CV i I%JIV L*V114 1 MAA 1 2007 THIS AGREEMENT made this 11th_ day of April, 2007, 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 NC. a T , 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'. AGREEMENT_ WHEREAS, there has been duly established a. Fire Protection District which includes the entire geographic territory of the Townof_Enfield and, WHEREAS, that following a public hearing duly held asprovided for in Section 184 of the Town Law of the State of New York, the Town is thereby duly authorized to contract with the FIRE COMPANY for fire protection services and emerganpy service in . case of accidents, calamities or other emergencies in the Town of Enfield Eire Protection District. NOW, THEREFORE, the Town engages the FIRE COMPANY to provide fire protection and emergency services to the Enfield Fire Protection District fora term of- one (1) year commencing 1 January 2007 and ending 31 December '2007,u' pon the following terms and conditions= 1. The FIRE COMPANY shall be subject to call for attendance upon any fire, medical emergency or life threatening emergency occurring in the district. 2. The FIRE COMPANY shall, when noted by the Tompkins County 911 Center or otherwise of a fire, medical emergency or life threatening emergency occuiiring in the district, respond and attend without delay with suitable equipment apparatus, and personnel, including but not limited to in the case of fire, with pumping and hose apparatus, proceed with diligence to make every reasonabie effort to extinguish said fire and prevent the loss: of.life and/or property in the case of fire, or in the case of emergency, to react appropriately to attempt to prevent the loss: of; life. 3. The FIRE COMPANY shall keep and maintain in good repair and working order, suitable and adequate fire -fighting apparatus and all other necessary fire -fighting tools, implements and equipment and emergency service equipment to properly discharge its obligations hereunder. I 4. The FIRE COMPANY agrees to supply the services of trained and equipped fire- fighters and emergency medical personnel, utilizing mutual aid when necessary. _- 5. The FIRE COMPANY agrees to procure, obtain and maintain in full force and effect during the terms of this agreement, sufficient insurance coverage for the fire -fighting and emergency apparatus and personnel to be used in discharging its duties herein, 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. Proof of said coverages shall be provided to the Town upon request. 6. The TOWN acknowledges that the FIRE COMPANY is a member of the Tompkins County Mutual Aid network, and that in the event the fire -fighting apparatus and personnel of the FIRE COMPANY are committed or unable to respond, the FIRE COMPANY and/or Tompkins County 911 Center shall arrange through Mutual Aid for fire protection forthe district, as herein required. 7. For the year 2007, the TOWN agrees, on behalf of the district, to pay the FIRE COMPANY the sum of two hundred thirty thousand dollars and no cents ($230,000.00) payable in four (4) installments as follows: Date Pavable Amount Pavable January 20, 2007 $ 25,000.00 February 20, 2007 $ 18,750.00 March 20, 2007 $ 91,250.00 May 20, 2007 $ 95,000.00 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 above, but rather that the FIRE COMPANY may be separately reimbursed by the TOWN for any such costs of responding to a hazardous materials emergency from monies which the TOWN may be able to obtain from other sources, available to the TOWN, but not available to the FIRE COMPANY. In the event that an accident of such type should occur, the TOWN shall act in good faith to collect any such compensation as may become available. However, in the event that the TOWN is unsuccessful in collecting funds for such an incident, both parties to this contract agree to abide by a binding decision as to any amount of compensation as adjudicated by a committee of five persons, two persons selected by each party to this agreement and the fifth member being a senior member of the Tompkins County Board of representatives that represents the Town of Enfield. 2 8. 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 therefore subject to collection with TOWN taxes. 9_ 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 paid for largely by public funds. The parties agree that it is in their mutual interest and in the interest of the public to assist each other in maintaining the public trust. In order to further these interests, and assist each other in maintaining the public trust, the FIRE COMPANY and the TOWN agree to the following: a) The parties agree to meet during the year at the request of either party, to discuss the provision of FIRE COMPANY services as contained herein. Said meetings shall take place as a part of the regularly scheduled meetings of the TOWN BOARD. The FIRE COMPANY also agrees that a member of its Board of Directors will be present at the regularly scheduled monthly Town Board meeting. The FIRE COMPANY shall provide quarterly the following: i. information as to the number and types of calls/responses made by the FIRE COMPANY since the last report. ii. A synopsis of staffing and training levels of the FIRE COMPANY, including a complete listing of all active members of the FIRE COMPANY. iii. A statement of income and expenses as they relate to the activities of the FIRE COMPANY under this contract. These reports are Fire Company Treasurer reports labeled Quarterly report, Spending report, and Budget report. On an annual basis, at the close of the Fire Company's fiscal year, the Fire Company will provide to the Town Board a statement of outstanding debts. This paragraph does not, however, imply directly or indirectly, approval by the TOWN BOARD of the acquisition of any equipment. b.) The TOWN may request by resolution of the Enfield Town Board and shall pay the expenses of an independent audit, by a creditable public accounting agency, of the financial records maintained by the FIRE COMPANY pertaining solely to the town funds received pursuant to this contract and to the use of said funds in the discharge of the obligations contained in this agreement between the parties since 1 January 1995. The TOWN shall pay the direct costs of the FIRE COMPANY related to such audit or review not to exceed $1,000.00, which costs are to be fully documented, in sufficient detail to identify the exact expenditure of such funds by the FIRE COMPANY. c.) The FIRE COMPANY and the TOWN agree to act in good faith and to take steps to accomplish the provisions of the preceding paragraph, should the TOWN elect to exercise its audit rights. The FIRE COMPANY agrees to provide reasonable access to necessary audit information, as determined by 3 the independent auditor, when given reasonable notice of the same. The TOWN specifically acknowledges the extensive amount of time required for the completion of an audit. Accordingly, any audit instituted under the terms and conditions of this agreement shall be so conducted so as to be completed as expeditiously as prudently possible. d.) The FIRE COMPANY will provide a written report on or before July 1, 2007 on restructuring its current debt service including potential savings. e.) The TOWN BOARD will hold a public hearing relative to Section 170 of the New York State Town Law on the formation of a Fire district in the Town of Enfield no later than July 1, 2007. 10. With the safety of it's emergency responders and citizens as a priority goal, the FIRE COMPANY and the TOWN agree that it is mutually beneficial to both parties to recognize and acknowledge the need for the Fire Company's compliance with all applicable standards, including Federal, State and Local statutes and voluntary consensus standards, and to reasonably fund such compliance. 11. The parties acknowledge that this agreement represents the entire Agreement between the parties, superseding any previous agreement(s). 12. The TOWN and the FIRE COMPANY agree that sources of water are an important aspect of fire protection of the TOWN and agree to carry on mutual discussions of appropriate ways to address water needs with respect to fire service during the duration of this agreement. 13. This agreement shall commence as of January 1, 2007 and continue through December 31, 2007. 14. Both parties agree that any surplus funds left (if arty) at the end of the year be placed in a reserve account. It is further agreed that these funds will be used at the Fire Company's discretion to reduce costs of capital projects or emergency repairs. 15. If any provision of this agreement is held to be invalid or unenforceable, all other provisions hereof shall nevertheless continue in full force and effect. 4 IN WITNESS WHEREOF, the parties have duty executed and delivered this Agreement. TOWN OF ENFIELD ENFIELD VOLUNTEER FIRE COMPANY, INC. By:- JZn M. Owens, Supervisor Dennis G. Hubbell, President ATTEST ATTEST Town Clerk/ Town Clerk f Dated U�i� Z /0 Dated ALICE W. LAUE Notary Fublic State of New York ALICE IN. LAUE No. OJLA5044010 Notary Pubiic State of New York oualified in Tompkins County. �� No. 0 i LA5044010 My Commission Expires May 22, 2-0L Oualified in Tompkins County My Commission' Expires May 22, 2O' f Town of Enfield 168 Enfield Main Road Ithaca, New York 14850 ---------------- (607)273-8256 Office May 9, 2007 President, Dennis Hubbell Chief, Ronald Switzer Enfield Volunteer Fire Company, Inc. 172 Enfield Main Road Ithaca, New York 14850 Re: Town of Enfield/Enfield Volunteer Fire Company, Inc./Fire Contract Dear Mssrs. Hubbell and Switzer: The Enfield Town Board (hereinafter referred to as the "Town") wishes to provide notice to the Enfield Volunteer Fire Company, Inc. (hereinafter referred to as the "Fire Company") to the following provisions in regards to the Town of Enfield's contract policy procedures as they relate to the Fire Company: 1. The Fire Company will assume the decisions of the active and non-active membership status of its personnel and will allow the Fire Company to determine and take on the responsibility of who is and who is not a member and to file a document with the Town Clerk for` distribution to the Town Board enumerating any changes in membership within ten (10) days of any change in membership. 2. The Fire Company will assume the responsibility of establishing and maintaining a minimum training standard of all of its members and the Town will leave such decisions up to the discretion of the Fire Company's Board of Directors or their Fire Chief. 3. The Fire Company willensure thatmew members pass a pre -membership physical and that existing members will have periodic physicals at the discretion of the Fire Company's Board of Directors or their Fire Chief or as may be required by law. 4. When providing services for the Town, no one is to be under the influence of illegal drugs and/or alcohol. Furthermore, taxpayer funds shall not be used to fund any function where alcohol is provided. 5. The Town realizes the Fire Company is subject to and must comply with the provisions of the Open Meetings Law (Public Officers Law Article 7) and the Freedom of Information Law (Public Officers Law Article 6). 6. The Town realizes that since the Fire Company is receiving public funds, the Fire Company WHEREAS, the Town Board of the Town of Enfield realizes that a new policy section is needed in the Town of Enfield's Policies and Procedures Manual as it -relates to contract policy procedures involving a fire contract; and NOW, THEREFORE, be it RESOLVED, that a new Policy 700_ l titled "Fire Contract" be added to of Enfield's Policies and Procedures Manual and that the following provisions be included under Policy 700.1: A The Fire Company will assume the decisions of the active and non-active membership status of its personnel and will allow the Fire Company to determine and take on the responsibility of who is and who is not a member and to file a document with the Town Clerk for distribution to the Town Board enumerating any changes in membership within ten (10) days of any change in membership. B. The Fire Company will assume the responsibility of establishing and maintaining a minimum training standard of all of its members and the Town will leave such decisions up to the discretion of the Fire Company's Board of Directors or their Fire Chief C_ The Fire Company will ensure that new members pass a pre -membership physical and that existing members will have periodic physicals at the discretion of the Fire Company's Board of Directors or their Fire Chief, or as maybe required by law. D. When providing services for the Town, no one is to be under the influence of illegal drugs and/or alcohol. Furthermore, taxpayer funds shall not be used to fund any function where alcohol is provided. E. The Town realizes the Fire Company is subject to and must comply with the provisions of the Open Meetings Law (Public Officers Law Article 7) and the Freedom of Information Law (Public Officers Law Article 6).- F. ).F. The Town realizes that since the Fire Company is receiving public funds, the Fire Company needs -to comply with state and federal code requirements and the Town suggests that the Fire Company bring their fire hall in compliance with the Americans with Disabilities Act: d 9 G. The Fire Company will allow and encourage the use of the fire hall for charitable fundraising, community events, etc. for the promotion -of community involvement: H. The Fire Company will adopt a procurement policy which will comply with requirements under-General Municipal Law for municipal entities and, forward the same to the Town Clerk for filing and for Town Board distribution. I. The Fire Company will need to submit their fiscal audit report to the state to comply with the new state audit requirements effective August 2007,.the Town asks that Fire Company: provide the same audit report to the Town Clerk for filing and for Town Board distribution. I With respect to the renewal of the fire contract, the Town Board suggests that'at least five months prior to the expiration of any .contract and no later than August 1, the parties are to commence contract negotiations. If the Fire Company Board of Directors and Enfield -Town Board are unable to reach an agreement by November I" of the current contract year, then the Town Board agrees to. carry the current contract over with the same annual fiollar amount and terms with the. exception that the contract willbe on a imonth*to�month basis (with the dollar amount prorated accordingly) until a contract is acceptable 'by both parties; and:it is further RESOLVED, that mi order to initiate these policies and-procedures, the Enfield Town Board will submit a letter to the President and Fire Chief of the Enfield Volunteer Fire Company, Inc. outlining these same provisions as mentioned above-, and it is further RESOLVED, that the Town Supervisor is authorized to sign such letter; and it is fiuther RESOLVED, that the Town Clerk is responsible for photocopying and mailing this letter as indicated; and it is further RESOLVED, that a copy of this letter is to be kept on file at the Town:Hall, � ENFIELD VOLUNTEER FIRE COMPANY INC. 2007 BUDGET PROPOSAL The Board of Directors has compiled the following budget for 2007. As in the past we have submitted an actual operating budget, based on past call volume history, actual contractual quotes, loan commitments and projected equipment purchases. We have added three preventative maintenance contracts, HVAC, Station Auxiliary Power Generator and Breathing Air Compressor. These contracts will assure t:he units will be in top operating condition and extend their useful life. The loan line will need to be increased slightly in anticipation of the delivery of anew piece of fire apparatus in late 2007. This unit will be replacing a Tanker- *hat is 22 .years old. Increases For 2007 HVAC serv?ze contract $700.00 Generator service contract $500.00 Breathing Air Compressor service contract $1000.0.9 i.'aans (new fire apparatus) $3230.09 Insurance $700.00 Motor fuels $1000.011 Utilities (heating oil, propane, telephone and electric) $2500.00 Total increase $9630.00 This represents a 4% increase over 2006 or a total budget of $250,399.00 for 2007. The 41% increase is _7% under the Federal CPI which stands at 4.7% as of August 6, 2006. If the Town Board wishes to enter into a three (3) year contract, assuming we leave the current wording in the contract to renegotiate if needed, then a yearly 4% increase should be sufficient. This would make the contract amounts as follows. 2007 — $250,399.00 2008 — $250,399.00 + 4% = $260,415.00 2009 - $260,415.00 + 4% = $270,831.00 Special notes: The County is currently beginning to build and install the new 800mhz radio system. The County has- committed to cover the cost of most end user equipment. However there is still some gay area as to whether the County will cover all portable radios and pagers. If they do not we will need to sit down and evaluate where we stand. Portables for our Department would cost us an additional $36,000.00 and pagers would be $12,250.00. The County 911 Dispatch Center will be implementing Emergency Medical Dispatch (EMD) in the near future. This will require us to make some small changes in the contract wording to fall in line with the program. .Question and comments are welcome. Address questions and comments to dghubbell@htva.net Respectfully submitted Board of Directors Enfield Volunteer Fire Company Inc. E