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.
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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
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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
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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