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HomeMy WebLinkAbout2008 Enfield Volunteer Fire Company fire companyTOWN OF ENFIELD 2008 FIRE PROTECTION CONTRACT THIS AGREEMENT (the "Agreement") is deemed made and effective as of the 151 day of January, 2008, by and between the. TOWN OF ENFIELD, -an incorporated municipal subdivision of the State of New York located in Tompkins County, New York (hereinafter, 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, the "FIRE COMPANY") (the TOWN and the FIRE Company are sometimes referred to as the "Parties", and the use of the term "TOWN shall include the boards, elected officials, appointed officials, employees, and agents of . the TOWN, wherever the context so permits or allows). AGREEMENT: WHEREAS, there has been duly established a Fire Protection. District which includes the entire geographic territory of the Town of Enfield (hereinafter, the "District"); and WHEREAS, following a public hearing duly held as provided for in, Town Law §184, the TOWN is hereby duly authorized to contract with the FIRE COMPANY for fire protection services and emergency service in case of accidents," calamities or other emergencies in the District.. NOW, THEREFORE, the Town engages the FIRE COMPANY to provide fire protection and emergency services -, to the District for a term of" .one year (commencing January 1, 2008 and,ending December 31, 2008) upon the -following terms and conditions: 1. The FIRE COMPANY shallpromptly respond to calls for attendance at any fire, for any medical emergency, and for any life threatening emergency event occurring in the. District. "Respond" shall mean a verbal or other communicated response plus attendance thereat in person. 2. When notified by any person or entity, including, but not limited to, the - Tompkins County 911 Center, that there is a fire, medical emergency or life threatening emergency occurring in the District, the FIRE COMPANY shall (i) respond and attend without delay, with suitable equipment, apparatuses, and personnel, including (but riot limited to) in the cage of fire pumping and: hose apparatus and qualified and trained personnel, (ii) proceed with diligence to make every reasonable 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 COMPMANY shall keep and maintain in good ,repair and working order suitable and adequate fire -fighting apparatus, together, with all other necessary fire -fighting tools, implements, equipment, and emergency service equipment to properly discharge its obligations pursuant to this Agreement. 4. The FIRE COMPANY agrees to supply the services of trained and equipped firefighters and emergency medical personnel, utilizing mutual aid when necessary. If ambulance services are provided, the FIRE COMPANY will utilize only operators and providers with current Ambulance Service Certificates who are in compliance with Public Health Law Article 30. The FIRE COMPANY shall not be responsible : for fire inspections in the District pursuant to this Agreement. 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 herein, including, but not limited to liability, property damage, and collision coverage(s). The amount of liability coverage shall be at least $3,000,000.00<per event and per person, shall be based upon an all -hazards or broad form coverage (or its equivalent), and the TOWN shall be named.:as an additional insured upon any such policy. The amount of loss or damage coverage for property shall be sufficient to replace any essential equipment or vehicles damaged or destroyed by any cause or event. Motor vehicle coverage shall provide at least $1,000,000.00 in coverage upon a per event and per person basis, and the T,, 'O shall be named as an additional insured upon any such policy. 6. The TOWN acknowledges that the FIRE COMPANY is a member of the Tompkins County Mutual. Aid network and that in the ,event that fire- fighting apparatus and personnel of the FIRE COMMPANY are committed or unable to respond, the FIRE COMPANY and the Tompkins County 911 Center shall arrange fire protection for the District. F) 7. For the year 2008, the TOWN agrees, on behalf of the District, to pay the FIRE COMPANY $230,000.00, said amount to be paid in 4 installments as follows: Date Pavable Amount Payable January 20, 22008 $50,000.00 February 20, 2008 $50,000.00 March 20, 2008 $50,000.00 April 20, 2008 $80,000.00 The Parties agree that it is not their intention that this Agreement, cover the costs and expenses incurred by the FIRE COMPANY in responding to spills or other emergencies involving hazardous materials, 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 money which the TOWN may be able to obtain from other sources, including, but not limited to SEMA and FEMA. In the event of a hazardous materials incident, the TOWN agrees to attempt to collect any funds as may be reasonably available for or in relation to such incident, and to pay the - same over to the FIRE COMPANY in reimbursement of the FIRE COMPANY's expenses, but only so long as permitted by :the grant terms or by law, and not prohibited by the authority disbursing such funds. However, in the event that the TOWN is unsuccessful in collecting funds for such an incident, or is not permitted to pay over any money so received, the Parties agree to meet to reasonably, determine what recompense is owed to the FIRE COMPANY for such services as provided. In the event of any failure to agree, the Parties agree that they shall be bound by the lawful determination of a committee of five persons, two persons selected by each party to this Agreement, and the fifth member being the senior member of the Tompkins County Board of Representatives representing the Town of Enfield. 8. The TOWN agrees that all money paid hereunder shall be a charge upon the District, shall be assessed and levied upon the taxable property in the District, and shall be subject to collection with annually levied Town taxes.. 9. The Parties acknowledge that in performing the terms of; this Agreement, the FIRE COMPANY is performing an essential public function which is paid for largely by public funds. The Parties thus 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 maintaininb the public trust, the Parties agree: a) The Parties agree to.meet during the year upon either's request, to discuss the provision of . FIRE COMPANY services. Meetings shall take place as a part of the regularly scheduled meetings of the TOWN Board. The FIRE COMPANY agrees that a member of its Board of Directors -will be present at the regularly.scheduled monthly Town Board meetings. The FIRE COMPANY shall provide the following at least once each calendar quarter: 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 Agreement, mainly including the FIRE COMPANY's Treasurer's reports -labeled- Quarterly Report, Spending Report, and Budget Report. - iv. 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. The provisions . of this subparagraph are not intended to provide the TOWN with any. approval or other authority .relative to the FIRE COMPANY's use or.utilization of money, equipment or personnel. b) The TOWN may request (by resolution of the TOWN Board) an audit of the FIRE COMPANY and District expenses, but the cost thereof shall be TOWN expense (up to the amount of $3,000.00, which amount shall be adequately documented by the provider): Such audit shall be performed by a qualified and certified public accounting agency and shall pertain solely to the use and utilization of TOWN funds received'pursuant to this Agreement and any prior similar agreement between the Town and the FIRE COMPANY. The Parties agree to act in good faith and to take steps to accomplish said audit. The FIRE COMPANY . agrees. to provide reasonable access to necessary audit information, as determined by 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. 4 c) The FIRE COMPANY will provide a written report on or before July 1, 2007 on restructuring ,its current debt service to address potential savings. d) If and upon the affirmative Resolution of the TOWN Board, The TOWN BOARD will hold a public hearing relative to Town Law § 170 regarding the potential formation of a fire district in the Town of Enfield no later than July 1, 2008. e) The FIRE COMPANY agrees that it will abide by the -laws, rules regulations, and requirements (i) of the TOWN relating to hazardous materials and disasters; (ii) set forth by the County in the Tompkins County Multi -Jurisdictional All -Hazards Mitigation Plan (to which the TOWN is a signatory), or its equivalent and as amended; and (iii) of SEMA and FEMA. Further, the FIRE COMPANY agrees to cooperate with the TOWN to (i) coordinate emergency and disaster communications, (ii) to apply for and manage any disaster relief funds available directly or indirectly through FEMA or SEMA (or any similar or related agency), and (iii) to coordinate operations with FEMA and SEMA within the District and the County of Tompkins. 10. With the safety of its emergency responders and citizens as priority goals, the Parties agree that it is mutually beneficial to recognize and acknowledge the need for the Fire Company's . compliance with all applicable standards, including Federal, State and Local statutes, rules and regulations, and voluntary consensus standards, and to reasonably fund such compliance (the costs thereof being part- of the money paid to the FIRE COMPANY pursuant to this Agreement). . 11. This Agreement constitutes the entire understanding of the Parties and revokes and supersedes all prior agreements between them and is intended as a final expression of their agreement. It shall not be modified or amended except by a writing that is signed by the Parties hereto which specifically refers to this Agreement. This Agreement shall take precedence over any other documents that may be in conflict herewith. The Parties shall- not be bound by any agent's or employee's representation, promise, or inducement not set forth in this Agreement. No course of prior dealings between the Parties and no usage of trade shall be relevant or admissible to supplement, explain, or vary any of the terms of this Agreement. Acceptance of or acquiescence in a course of performance rendered under this or any prior Agreement shall not be relevant or admissible to determine the meaning of this Agreement, even though the accepting or acquiescing party has knowledge of the nature of the performance and an opportunity to make objection. No 5 representations, understandings, or agreements have been made or relied upon in the making of this Agreement other than those specifically set forth herein. 12. The Parties agree that sources of water are an important aspect of fire protection, and accordingly, the Parties 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. The Parties agree that should the FIRE COMPANY have any, surplus funds, they will 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 for emergency repairs. 14. If any provision hereof is held invalid or unenforceable by'a court or tribunal of competent jurisdiction, such invalidity shall not affect the validity or operation of- any, other provision and such invalid provision shall be reformed 'to the . minimum extent required to bring it into compliance with applicable law, or to otherwise make such provision enforceable. Such reformation shall be performed by first taking into account the purposes sought by Parties in any such clause, and second, the intent of the Parties as , gleaned from other provisions in this Agreement. If such reformation is not possible, then such provision shall be severed from the Agreement. 15. The FIRE COMPANY is an independent contractor, and as such, is solely responsible for its actions and decisions, its own funding and the use thereof, any the management of its equipment and -personnel. The determinations or decisions as to whether and how to respond to any report of fire or other emergency is solely within the discretion of the FIRE COMPANY. The TOWN shall not be responsible to, manage any affairs or personnel of the Fire Company. As an independent contractor, the FIRE COMPANY is responsible for its own payroll, social,, security, employment, and income taxes, as applicable. 16. The FIRE COMPANY shall hold the TOWN harmless and indemnify the TOWN from and against any and all claims, liabilities, judgments, suits, debts, obligations, costs, damages, and the like, including attorneys' fees, arising from any claims or causes of action, whether in law or equity or sounding in contract, tort or otherwise, which may be asserted: against the TOWN by any person or entity resulting fromthe performance or non- performance of services or by acts (or failures to act) by or of the FIRE COMPANY (including its agents and affiliates) arising from or its connection with this Agreement. The indemnity obligation of the FIRE 6 COMPANY shall be enforced to the fullest extent allowed by law. The FIRE CONIPANY assumes all risk of loss and claims arising from or in relation to its provision or non -provision of services. In no event is the TOWN liable for, nor may any recovery be had against the TOWN for, any punitive, incidental or consequential damages, including but not limited to, damages to property, for loss of use, loss of time, loss of data, or loss of profits or income. In all events, the sole extent of the TOW T's liability to any person or entity shall not exceed $1,000.00. 17. This Agreement is personal to the FIRE COMPANY, and as such, this Agreement is not assignable. by the FIRE COMPANY by, act or by operation of law. 18. The failure by either or both Parties to strictly enforce the terms or provisions of this Agreement shall not constitute a waiver relative to the enforcement or future enforcement of such terms or provisions, nor for the enforcement of any other terms or provisions of this Agreement. IN WITNESS WHEREOF, the TOWN and the FIRE COMPANY have duly executed and delivered this Agreement. O OF ENFIEL �s. B:,,,. Frank Podufalski, To I Supervisor ATTEST Town Clerk Dated �� ALICE W. LAUE Notary Pubic State of New York No. 01 iA5044010 Qualified in Tompkins County My Commission Expires May 22, 20,E ENFIELD VOLUNTEER FIRE COMPANY, IN B., 4 Dennis G. Hubbell, President" ATTEST rte--- . Town Clerk Dated . Notary F 'rc-E-W 1AUE r tate of New York 4 10 My Couffahed in j '`s�orr ExpiresMaY County 22, 20, Enfield Volunteer Fire Company 172 Enfield Main Rd Ithaca NY 14850 Dennis G Hubbell, President Please be advised that by way of administrative decision the Enfield Town Board has decided to accept your provision of $2,000,000.00 in liability coverage per event and per person instead of the $3,000,000.00 outlined in the contract. This letter is to advise you that the 2008 Fire Protection. Contract for TheTownof Enfield is herby amended under #5 of the terms and conditions to read as follows; "The" amount of liability coverage shall be at least $2,000,000.00 per event and per, person, shall. be based upon an all -hazards or broad form coverage (or its equivalent); and the TOWN shall be named as an additional insured upon any such policy:" Re ectfully, Frank Podufalski Supervisor, Town of Enfield