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HomeMy WebLinkAbout1987 contract EVFCFIRE PROTECTION CONTRACT TOWN OF ENFIELD THIS AGREEMENT made this,11- ay of December, 1987, 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, INC., a 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." WITNESSETH: WHEREAS, there has been -duly established a Fire Protection District which included 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 TOWN is duly authorized to contract with the FIRE COMPANY for fire protection service and emergency service in case of acci4ents, calamities or other emergencies in the Enfield Fire Protectidn District. NOW THEREFORE; the TOWN engages the FIRE COMPANY to provide fire protection and emergency service to the Enfield Fire Protection District for a term of one (1) year commencing January 1, 1988 and ending December 31, 1988, upon the following terms and conditions: 1. The FIRE COMPANY shall be subject to call for attendance upon any fire or emergency or any reported fire or emergency occurring in the district. 2. The FIRE COMPANY shall, when notified by alarm or telephone call or otherwise of a fire or emergency or reported fire or emergency occurring in the district, respond and attend without delay with suitable equipment and apparatus, including but not limited to in the case of fire, r,�pumping and hose apparatus proceed with diligence to make every reasonable effort to extinguish it and prevent loss of life and/or property in the case of 1 -2 - fire or in the case of emergency to react appropriately and prevent loss of life_ 3. The FIRE COMPANY shall keep and maintain in excellent repair and working order, suitable and adequate motorized firefighting apparatus, including pumpers, tankers, hoses, ladders and all other necessary fire -fighting tools, implements and equipment and emergency service equipment to properly discharge its obligations hereunder. 4. The FIRE COMPANY agrees to supply the services of a sufficient number of trained and equipped fire-fighters and emergency medical personnel to properly discharge its obligations hereunder. 5. The FIRE COMPANY agrees to procure, obtain and maintain in full force and effect during the germ of this Agreement, sufficient insurance coverage for the fire -fighting and emergency apparatus and personnel to be used in discharging its duties hereunder, including but not limited to personal liability, property damage, collision, workmen's compensation payable to a volunteer fire-fighter as provided by Section 205 of the General Municipal Law of the State of New York. 6. , The TOWN acknowledges that the FIRE COMPANY is a member of the Tompkins County Mutual Aid and that in the event the fire -fighting apparatus and personnel of the FIRE COMPANY are out of the distrcit, the FIRE COMPANY shall arrange through Mutual Aid for fire protection as provided hereunder, for the distrct, during its absence. 7. The TOWN agrees, on behalf of the distrct, to pay the FIRE COMPANY the sum of Seventy -Four Thousand Fifty ($74,050.00) Dollars, payable in three (3) installments: two each of Twenty -Four Thousand Six Hundred Eighty Three and 34/100 ($24,683.34) Dollars on January 1, 1988 and April 1, 1988 respectively, and one of Twenty -Four Thousand Six Hundred Eighty Three and 33/100 ($24,683.33) Dollars on July 1, 1988. 8. The TOWN and FIRE COMPANY agree that portons of the above payment of $74,050.00 shall be set aside and used as follows: (a) Six Thousand Two Hundred Fifty ($6,250.00) Dollars in an interest bearing account for the purpose of purchasing a replacement fire - 3 - truck; and (b) Five Thousand Eight Hundred Fifty ($5,850.00) Dollars for the purpose of purchasing Occupational Safety and Health Act required equipment. 9. The TOWN further agrees, on behalf of the district, to pay the FIRE COMPANY the sum of Fourteen Thousand Four Hundred Fifty - ($14,450.00) Dollars upon completion of construction of the new fire protection building, as previously described to the Town Board. Such payment shall be made to . the FIRE COMPANY 25 days after interest on permanent building financing begins to accrue, and shall only be used for or applied toward regularly scheduled payments of debt service (principal and interest) due and payable to the lending institution in calendar year 1988. Any portion not comsumed or not scheduled to be consumed by such payments due and payable in 1988 shall be returned to the TOWNforthwith. The FIRE COMPANY shall provide the TOWN with notice within 5 days after interest on permanent building financing has commenced accruing. 10. The parties acknowledge that this agreement represents the entire agreement between the parties and that any contract for a prior year which called for any payment to be made in 1988 is hereby superceded and of no further force and effect. 11. 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 subject to collection with TOWN taxes. IN WITNESS' WHEREOF, the parties have duly executed and delivered this Ain greement the day and year first above written, to be effective the first day of January, 1988. ATTEST: own Clerk TOWN OF ENFIELD BY Ei&. IA - Town Supervisor ENFIELD VOLUNTEER FIRE COMPANY, ATTEST: .1 d• e� Secretary STATE OF NEW YORK COUNTY OF TOMPKINS: SS: ce?� 198 . before me personally On this a9) _day of �,,,� appeared ETTA C. CRAY, to me known to be the Supervisor, of the Town of Enfield, Tompkins County, New York, which;, executed: the. foregoing instrument,and being duly authorized b.y the Town Board Of the Town of Enfield to execute the foregoing "-instrument. No y Public STATE OF NEW YORK COUNTY OF TOMPKINS : SS.: n this::;;,/ ,day of.L, , 19&7, before me personally campto me known, -who, being duly sworn, did .depose and say that he resides in the. Town of Enfield, Tompkins County, New York, that he is the President of the Enfield Volunteer Fire Company, Inc., the -corporation described in, and which executed the foregoing instrument,. that he knows the seal of said corporation, that the seal affixed to such instrument is the corporate seal and that it was so affixed by order of the . Board of Directors of said corporation and that he executed the document thereto by like order. tary Public