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HomeMy WebLinkAbout1988 contract EVFC1989 FIRE PROTECTION CONTRACT TOWN OF ENFIELD THIS AGREEMENT made this 1' day of December, 1988, 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 accidents, calamities or other emergencies in the Enfield Fire Protection 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, 1989 and ending December 31, 1989 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, with ladder, 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 -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 term 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 Ninety -Seven Thousand One Hundred Thirty One ($97,131.00) Dollars, payable in three (3) installments of Thirty Two Thousand Three Hundred Seventy Seven ($32,377.00) Dollars each on January 1, 1989, April 1, 1989, and July 1, 1989, respectively. 8. The TOWN and FIRE COMPANY agree that $6,875.00 of the above payment of $97,131.00 shall be set aside in an interest bearing account and used for the purpose of purchasing a replacement fire truck. -3- 9. 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. 10. 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 Agreement the day and year first above written, to be effective the first day of January, 1989. TOWN OF ENFIELD (71 BY Town Supervisor ATTEST: '"wn Clerk � ENFIELD VOLUNTEER FIRE COMPANY, f BY ,. ATTEST: Secretary STATE OF NEW YORK : COUNTY OF TOMPKINS: SS: On this / ()_day of December, 1988 before me personally appeared ETTA C. GRAY, 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 by the Town Board of the Town of Enfield to execute the foregoing instrument. o ary Public STATE OF NEW YORK COUNTY OF TOMPKINS : SS.: Y County ... � r � r � ..,� f On this /5 _day of December, 1988, before me personally came�6/.,)/n;<e lgma� , to 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. N tary Public P . r r