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HomeMy WebLinkAbout2008 Enfield Volunteer Fire Company Fire protection contract9mosm- V1011 THIS AGREEMENT (the "'Agreement"') is deemed wade and effective as of the ist day of January, ?; by and tteen 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 VOLUI TEER FIDE COX-1PANY lNC. a corporation organized under the laws of the State of New York, of the town of Enfield, Tompkins County, New York (hereinafter, the "FIRE WMPAI' YY') (the TOWN and the FIRE Company are sometimes referred to,as "Parties", and the use of the term "TOWN" shall include the boards, dected officials, appointed officials, employees, w agents of the TOWN, wherever context so permits or allows). AGREEMENT: WHEREAS, dwm has --•been duly established a Fire Protection District Bch includes the pj& story 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 COMPA TY for fire "prohvfim services and emergency service in case of accidents�-calamities or oto' �ju &.es in the District. NOW, THERVM- , the Town engages the FM COMPANY to provide fire protection and emergmcY services to the, District for a term of one -year (commencing,jantlary 1, 2008 and ending Dec -ember 31, 2008) upon the following terms and condi i w fire pumping and nese apparatus and qualified and trained personnel, 0i proceed with diligence to make even„, reasonable effort to extinguish said fire and prevent ffie 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 CONIFVIANY shall keep and maintain in good repair and working order suiltable and adequate fire -fighting apparatus, together with all other necessary I*"hting tools, implements, equipment, and emergency service equipment to properly discharge its obfigations 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 AmbuLuice Service Certificates who, are in compliance with Public Health l aw ArUcle 30. The FIRE COMPANY shall not be responsible for fire inspections in the District pursuant to this Agreement 5. The. C I*AN agrees to procure, obtain, and maintain in full free and. effect during the terra of this Agreement sufficient insurance coverage for the- 60tir g 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 beet least $3,000,000-00 per event and per person, shall be based upon an -ah hom.ards r broad fo coy=erag (or its equivalent), and the TOWN shall, be named as an additional insured upon. any such policy. The amount of joss of damage coverage for property shall be sufficient to replace any essential'equipn ent or vehicles damaged ed 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 TOWN shaft be named as an additional insured upon any such polar. - 6. The TOWN acknowledges that the FIRE COMPANY is a member of the Tompkins Cjouniv Mutual Aid network and that in the event that fire- fighting apes and personnel of the FERE COMPANY are committed or umible to respond, the FIRE COMPANY and the Tomp tim County 913 Cej�_ shall arrange fire protection for the District. 2 7. For the year 2008, the T iA' agrees, on behalf of the District, to pay the Ply COMPANY $230,000.00, said amount to be paid in 4 installments as follows. Date-Pavable Amount Pavable January 20, 2008 $50,000.00 Februan, 20, 20ii8 $50,000.00 March 20, 2008 $50,.000.00 April2,0,2008 $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 emerges from money which the TOWN may be able to obtain from other sources, including, but not limited to SEXIA and FEMA- In the event of a hazardous materials incident, the TOIVP� agrees to attempt to collect- any, funds as may -be reasonabIV 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 on1v so lung 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 col=lecting funds - for such an incident, car is not permitted to pay oer any money so received, the Partaes agree to meet to reasonably determine what recompense is ovTed 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 bN tt7e lawful determination of a committee of five persons, two persons selected by each party to this Agre,and the fifth member being the senior' member of the Tompkins Board of Representatives reprRsenting the Town of Enfield. 8. The Tfl�T agees teat all ?money paid hereunder shall be.a charge up= the Distri shat# '.assessed and !'levied upon tie taxable ' in the District, and 6hall be subject to collection with annually l " `' Town taxes. 9. The Parte acknowledge that in performing the terms of this Agreement, the FM COMPAQ is perforating an essential public functi6n"which is paidfor laxgoy by public funds. The Parties thus agree that it is in their mutual iFest, and in the interest of the public, to assist each other in, maintaining the public trust_ In order to further these interests, andmoist each tither in maintaining 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 CONIPANY 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 reguiarly sched uled monthly Town Board meetings. The FIRE COMPANY shall, provide the following at least once each calendar quarter: i. infomation as to the number and types of calls/respa�s made bythe COMPANY since the last report. ii. A synopsis of stiffing and training levels of the FIRE COMPAN- Y, includin a complete listing of all active members of the FMCOMPANY. iii.. A statement of income and expenses as they relate to the activities of the FIRE CO IPANY under this Agreement, mainly including the FIRE CO MP ANY's Treasurer's reports labeled Quarterly Report, ending Report, and Budget Report. iv_ On an annual basis, at the close of the FIRE C MPANY s, fiscal vim, the FTRE CO IPAT'\"i` 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 . COMPAN`Y's use or utilization of money, equipment or personnel - b) The TOWN may request tem resolution of the TOWN, Board) an audit of the FRE COMPANY and District expenses, but the cost thereof shall- be 1OWNexpense (up to the amount of $3,000.00, ,_ which amount shag. be adequately documented by the pro-vider). Such. audit sha be performied by a qualified and certified ;public: accounting agency and shall pertain sm ely'to;the use and utilization of TO'WN funds received pursuant to aiis. Agreentent and any prior similar agreement between the -IT, own and the FRE COMPANY. The Parties agree to .act in good faith and to take steps to accomplish said audit 'Time FIRE COMPANY agrees to provide reasonable access to necessary audit infortnation, as determi ett by the independent auditor; when given reasonable notice of the same. The TOWN specifically ackno ledge 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 ase peditiousiy as pm d ntl P055 ible, C) The Fly CflMP I Y ill provide a write .report on or before July 1, 2€07 on restructuring; its current debt service to address potential: savings. d) If and upon the affirmative resolution of the TOWN Board, The -fOAN!N BOARD will hold a public hearing relative to Town Law 170 regarding the potentia formation of a fire district in. the Town of Enfield no later than July 1, 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 1vfitigation Plan (to which. the TOWN is a signatory), or its equivalent and as amehded and Wof 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 reef funds available directly or indirectly through FEMA or SEMA (or any � or tied agency), and (iii) to coordinate operations with FMA afid SEMA within dw District and the County of Tompkins. 10. Wish. of its emergency responders and citizens as priprity go*, the Parties agree that it is n1 u:tually beneficial to recce . and acknowledge the need for the hire Company's compliance with all applicable standards, including .Federal, State and local stag, rules and regulations, and voluntary consensus standards, and to reasonably fund such compliance (the cosh thereof being part of the money, paid -to the FIFE CC NI VAN ' pursuant to this Agreement).. 11. This Agreement co titutes the entire understanding of the Parties and revokes and supersedes all prior agreements, between, theist and is intended as a final expression of their agreement It shall not be modified or amended kept by a writing that is signed by the Parties hereto which specifics refers to this Agreement. This Agreement shall take precede over any other documents that may be in conflict herewith. The Parties shall not be bound by any agenfs 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 perforce rendered under this or any prior agreement shall not be relevaut or admissible to determine the meaning of this Agreement even though the accepting or acquiescing pare has knowledge of tine 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 outer than those specifically set forth herein. 1.2. The Parties agree that sources of water are an important aspect of fire p accordingly, gree to carry on mutual rote�+�, and accordirn �, the Parties a discussions of appropriate Nvays to address water needs with respect to fire service during the duration of this Agreement 1.3. 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 fug will be used, at, the FIRE COMPANYs discretion to reduce costs of capital projects or for emergency, repairs. 14. If any provision hereof is held invalid or unenforceable a court or tribunal of competent jurisdiction, such invalidity shall not affect the validity or operation of an %? other pro%vision 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 taidrg 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 shy 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-persc»el. The determinations,.or decisions as to whether and how to respond to any report of fire or.odw, emergency is solely within the discretion €3f the RM COMPANY. The 'l'MIN shall not be responsible to manage any affairs or pemmel of the lire Cornpany. As an independent contractor, the EIDE COMPANY is -responsible for its own payroll, social security, emplo " t and"income taxes, as applicable. 16. The "M ODMPANY, shall hold the'TOWN ha. roles and a ems the TOWN,hudiaAa against any and all claims, liabilities, judgments, suits, debts, �`rgai ns, costs, damages, and the life, irncluding attorneys' fees, arising from any claims or cam 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 from the performance or non- . perforinance of services or by acts {or failures to act) by or of the FIRE COMPANY Jincluding its agents and affiliates) arising from, or in connection with this Agreement The indemnity obEigation of the FEU 6 COMEPANTY shall be enforced to the fullest extent allowed by law. The FIRE COMPANY assumes all risk of loss and claims arising from or in relation to its provision or non-pro%lision of services. In no event is the TOWN liable for, nor may any recovery be had against the TOWN for, any punitive, maidental or consequential damages, including but not limited to, dam -ages to properq,, for loss of use, loss of time, loss of data, or loss of profits- or income. In at I events, the sole extent of the TOWMs hability to any person or entity shall not exceed $1,000.00. 17. This Agreement is personal to the FIRE COXVANY, and as -suck this Agreement is not assignable by the FIRE COMPANY by act or by, operation of law. 18. The failure by either or both Parties tc) 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 W717NESS W11MOF-, the TOWN and the FERE CO-kIPANY have duty executed and delivered this Agreement TOWNOFENFIELD ENFIELD VOLUNTEER FIRE COMPANY, INC. By: By: Frank Podufalski, Town Supervisor Dennis G. Hubbell, President ATTEST ATTEsT Town Clerk Town Clerk Dated Dated 7 THIS AGREEMENT made this 11th day of -April, 2007, by and between the TOWN OF ENFIELD?, a municipal corporation, of Tompkins Cour r, New. York, hereinafter called the "TOWN"), and the ENFIELD VOLUNTEER FIRE COMPANY INC: a: corporation organized under ttse 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 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 Turn is tberoy duly -authorized t6 . contract with the FIRE COMPANY for fire protection services and,emergency service. in case of accidents, calamities or other emergencies in the Townof Enfield Fire Ptotection- District. NOW, THEREFORE, the Town engages the FIRE COMPANY to provide Are. protection and emergency services to the Enfield Fire Protection Di- fol: a#erm of lone (1) year commencing 1 January 2007 and ending 31 December 2007 upon.; the :fallowing terms aril conditions_ 1. The FIRE COMPANY shall be subject to call for attendance upon any fire, medicO. emergency or life threatening emergency occurring in the district_ 2. The FIRE COMPANY shall, when notified by the Tompkins County 911 Center or . otherwise of a fire, medical emergency or life threatening emergency occurring in the distnct. respond and attend wittwt.it 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 reasonable effort to a)dinguish said fife and prevent the loss of life andfor property in the case of fire, or in the case of emerg"WYC,Y, to react appropriately to attempt to prevent the loss of life. The FIRE COMPANY shall keep and maintain in good repair and waking. order,` suitable and adequate fire -fighting apparatus and all other necessary firefighting triols, mpiements and equipment and emergency service equipment to properly discharge its obligations hereunder_ 4. The FIRE COMPANY agrees to supply the services oftrainedand 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, inclining but not limited to personal liability, property lama qu, collision, and workmaWs compensation payable to a volunteer fire-fighter as provided by Section 205 of the General Municipal Law of the State of New York. Proof o€ 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 omitted or unable to respond, the FIRE COMPANY and/or Tompkins County 911 Center shall arrange through Mutual Aid for fire --protection,€or the 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 Payable Amount Pavable, January 20, 2007 25;000:00: February 20, 2007 $ 18;750.010 _ March 20, 2007 $ 91,250.00 May 203. 2007 $ 95,000.03 The parties agree that it is not their intention that the cost to the FIRE COMPANY of responding to spills or other emergencies involvina hazardous materials be covered by the consideration set forth above, but rather than the ,FIRE COMPANY may be separately reimbursed by t 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 goad faith to colli 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 lard of representatives: that represents the Town of Enfield. 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" Zit the request of either .party; . to discuss the provision of FIRE COMPANY services as contained herein. Said meetings shall take.piace 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 cailsftespdnses made ley the FIRE CCMPANY.since the last report. . ii_ A synopsis of staffing and training'tevels of the FIRE C:OMPANY,..: including a complete listing of all active members of the :FIRE: COiOANY. iii. A statement of income and expenses as they relate -to the a6 ivities of the FIRE COMPANY under this contract. These reports are Fire Company . Treasurer reports labeled Otuarteriy report, Spending report, and Budget report. Can an annual basis, at the close of the Fire Ccxttpany's fiscal year, the Fire Company will provide to the To*n Beard 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_shalf.. pay the expenses of an independent audit, by a creditable public accounting agency, of the financial records maintained by the -FIRE C4MPANli' 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 suffcieh detail to identify the exam expenditure of such, funds bythe 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_ 'Tate FIRE COMPANY agrees to provide reasonable access to necessary audit information, as determined by the independent auditor; whean given reasonable notice of the same_ The TOWN specifically acknowied es the extensive.atnount of time required for the completion of an audit r)c , rdingly, any audit instituted under the teras and conditions of this agreement shall be so aoccciuc ted 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 wiill hold e public, hearing relative to Section 1.700 the New York State Towyn 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 c.tizens as a -priority goal, the FIRE COMPANY and the TOWN agree that, it is mutually beneficial to. both parties.to recognize and ackno fledge the need for the Fire Company's compliance- with all applicable standards, including Federal, 'State and Local statutes and voluntary consensus standards, and to reasonable fund such compliance, 11. The parties acknowledge that this agreement represents the entire Agreernerd 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 anY) at the end of theyear be claced 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 Unenfbrceable; all tither provisions hereof shall nevertheless continue in full force and erect: 4 7 r! -nt IN WITNESAS WHEREOF. ".2 a ;Dart �es have du i y:axecultelic"i and del ivered this Agreeme - TOWN OF ENFIELD By -- J4 n M. 'teens. Supervisor U A -If -TEST Town Clerk 17 Dated in Tom;;k1n5- ENFIELD VOUJN-TEER FIRE COMPANY, t"I C. k ryr Der1►'us G1, HubbO, President Town Clerk Dated Yo. ';K!nSCounty i z E S m 22-L