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.
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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
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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
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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:
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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
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