HomeMy WebLinkAbout1991 contract EVFCFIRE PROTECTION CONTRACT
TOWN OF ENFIELD Y.d
/ 9F/
THIS AGREEMENT -made this day of r, 4-9%, 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 1-84 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,
1991 and ending December 31, .1991 upon the following terms and
conditions:
1. The FIRE COMPANY shale 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 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 fire or in the
case of emergency to react appropriately and prevent loss of life.
The parties agree that it is not their intention that the cost- to- the
FIRE COMPANY of responding to spills or other emergencies involving
hazardous materials be covered by the consideration set forth below,
but rather that the FIRE COMPANY be separately reimbursed by the
Town for any such cost of responding to a hazardous materials
emergency from monies which the TOWN can obtain from other
sources available to it, but not available to the FIRE COMPANY. -
3. The FIRE COMPANY shall keep and maintain in good repair
and working order, suitable and adequate motorizedfire-fighting
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__,_sn _. discharging . its- duties . hereunder,_ .......... .
including but -n'ot' 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.
b. 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 district, the FIRE :COMPANY shall arrange through Mutual
Aid for fireprotection as provided hereunder, for the district, during
its absence.
7. The TOWN , agrees, on behalf of the district, to pay . the FIRE
COMPANY the sum of One Hundred Fifty -Five Thousand Forty -Dollars
and no 1/100ths ($155,040.00) Dollars, payable in three (3) equal
installments of- Fifty -One Thousand Six Hundred Eighty and. no
1/100ths($51,680.00) Dollars 'each on January 1, 1991, April 1;
1991, and July 1, 1991 ` :respectively.
2
8. The TOWN and FIRE COMPANY agree that $ R®OO of
the above payment of $ /�O _ shall be set aside in an interest
bearing account and used for the purpose of purchasing replacement
emergency vehicles.
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 this year is
hereby superseded 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.
11. 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 largely paid for by
public funds. The parties agree that it is in their mutual interest and
in the interest of the public that they assist each other in maintaining
the public trust. In order to further these interests, and assist each
other to maintain the public trust, and in order to foster an
understanding and appreciation of the work of the FIRE COMPANY,
the FIRE COMPANY and the TOWN agree to the following:
a. The parties agree to meet periodically, but not less than
quarterly (with meetings held more frequently at first in order to
establish procedures), to discuss the FIRE COMPANY's plan for its
contract with the TOWN, income` and expenses as they relate to the
obligations of the FIRE COMPANY under this contract, expenditures to
date under this contract, and other aspects of its financial condition
and operations solely as they pertain to fund allocations under this
contract. The TOWN also agrees to pay for any consulting services of
a certified public accountant or other consultant to assist the FIRE
COMPANY and the TOWN to` come to a working agreement concerning
what items are usually included by fire companies in their periodic
reports to their towns, .pertaining to Town Funds, received pursuant
to Town fire protection contracts and to their discharge of their
obligations under such Town contracts and how best to make these
periodic reports.
b. The TOWN may request and pay the expense of an
independent audit by a Certified Public Accountant, of the financial
records maintained by the FIRE COMPANY pertaining solely to the
Town funds received pursuant to the 1990 contract.
C. The TOWN may request and pay the expense of an
independent audit by a Certified Public Accountant of . the financial
records maintained by the FIRE COMPANY pertaining solely to the
Town funds received pursuant to this contract and to the funds used
solely in the discharge of its obligations under this contract from the
FIRE COMPANY "Town Account".
The FIRE COMPANY and the TOWN agree to act -in good faith
and to take steps with all due haste to accomplish the provisions of
this paragraph.
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, 1991
TOWN OF ENFIELD
BY
Town Supervisor
ATTEST:
<��.,, � •f ` .ate , ¢ .0 .�
/Town Clerk
FNFIFT n VOLUNTEER FIRE COMPANY,
f, INC.
h
ATTEST:
j
A
4
STATE OF NEVA YORK :
COUNTY OF TOMI'KINS: SS:
On this day o�.� 19 before me personally
appeared ETTA C. GRA , to me ` nown 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. -
tarp Public y
Notary Public- ate of t:x,'ew York,
STATE OF NEW YORKNo. 4787348
Quallified in lompksns C- arty
COUNTY OF TOMPKINS : SS.: Tern i-a.pires September 30, I9.
n this day of I 19 before me personally
ca to me kwn, 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-
hatit was so affixed by order of . the Board . of Directors- of said;' --
corporation and that . -he executed thr,, document thereto by -like order:" .
ti4 .
(A�t4u ,17
Notublic
.J!"AN tkl, SV'. R QLD
ry ';
Noeabiio, urate of ;:ew York