HomeMy WebLinkAbout1992 contract 2 EVFCTOWN OF ENFIELD
THIS AGREEMENT made this day of December, 1991, 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 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 -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 th.e " Enfield Fire
Protection District for. a term of one (1) year commencing-January 1,
1992 and ending December 31, 1992 upon the following terms and
conditions:
1. The FIRE COMPANY shall be subject to call for";attendance
upon any fire or, emergency or any reportedfire 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, inc"luding" blit riot
limited to in .the case -of fire, with pumping -and hose . apparatus,
proceed with diligence to make. every reasonable effort"' to C'X ingu sh
it and prevent loss of. life anivorli property in the case of fire or, in the, k
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case of emergency to react appropriately _ and prevent :loss of jife.,
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 fromf other
sources available to it, but not. available to the FIDE ' COMPANY.
3. The FIRE .COMPANY shall keep and: maintain in good repair
and working order, suitable and adequate motorized fire-f%ghting
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 Agreements 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, and workman'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 l~IRE COMPANY :is a
member of the Tompkins County Mutual Aid ;and that in the evert
thefire-fighting apparatus and personnel of the . FIRE COMPANY . are:
out of the district, the FIRE COMPANY shall arrange through; M=utual:
Aid for fire protection as provided hereunder, for the district, during'
its absence.
7. The TOWN agrees, on behalf of the district,, to pay the.
COMPANY the sum of. One Hundred Forty Thousand Forty Dollars and: ,
no 1/100ths ($140,1140.00) Dollars, ` payable. in three (3) equal
installments of Forty -Six :Thousand Six Hundred Eighty and no
1/100ths($46,680.00) Dollars each on January 1 1992, , April 1, 1992;
and July 1, 1992 respectively.
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8. The TOWN and FIRE COMPANY agree that Eight Thousand
Dollars and no 1/100th ($8,000.00) Dollars of the above payment of
$140,040.00 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
aintainingthe 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 during the year at the
request of either party to discuss the FIRE COMPANY'S plan for its
contract with the TOWN, income and expenses as theyrelate 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-exp'ehse of an
independent audit by a Certified Public Accountant, of the financial.
3
-records maintained by the FIRE COMPANY pertaining solely to the
Town funds received pursuant to the 1990 and 1991 contracts.
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 2 this- contract and to the funds used
solely in the discharge ofits obligations under this contract, from the
FIRE COMPANY "Town Account".
d. 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, 1992 -
TOWN OF ENFIELD
ATTEST:
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S te' �,i t
ENFIELD VOLUNTEER FIRE COMPANY,
C.
BY
S
STATE OF -NEW YORK :
COUNTY OF TOWKIIVS: SS:
On this /_.?, - day of December, 1991, 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:
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No ry Public
Nlntary ^E h'ir•F,, :'c. '- -:e.Y York -
Tv le, ald.At--
�qft-, 6Ae-.,,
/a/t.t's
ENFIELD
RESIDENTS
TAKE
NOTICE
LEASE
IFLEP WONE ANY aR ALL F t
HE FOLLOWING... :.... ... .,
TDWN SUPEFVISOR
ROGER HUBBELL
I OWN eOARD MEMBERS
R0BER i LIN -TON
DAVID SQGK'
LARRY S-FILWELL
ROGER LAUE
FIRE CO. SOARD 0r D)REC FORS
00/11 S EA M ON
DENNY H U$f FLIL
JEFF BRAVVARD
LARRY SA ULSGIVER
AR) COVERT
ED SIMMONS
SOY BA Ri9i EP E
Z73- 6999
77-C
272--3890
272-5031
3S 7-(c7£q
272-2)3b
:j
273-0!62.
77-1779
7- 3 13
Aiiz mU j/ -/E 7-45\,oUoj*Ra mEEi im6a WED. CcT 5-ril
This Department administers a tax distribution program whereby foreign
insurance companies (companies licensed to do business in this state, but chartered
under the laws of another state) must pay a tax on fire insurance premiums to the
fire department of the city, village, fire district, or fire protection district M
within which an insured risk is located. This tax is commonly called the "2V tax
In order to accomplish this, insurers or their agents must properly identify
the name of the authorized territory (city, village, fire district, or fire
protection district) for each policy of fire'- insuranceissued. The name` is
converted to a fire code number using a fire code manual published by this
Department. This is done to facilitate the reporting and payment of the tax.
We have identified areas within the State in which miscodings have developed,
resulting in improper payments of the tax. The major cause of the miscoding is the
use of a mailing address (zip code locality name) in assigning the fire code
number. Investigations suggested that if an authorized territory has a name
different from a mailing address within it, half of the fire premiums may be
improperly allocated.
To counter this problem, and to simplify the identification process, in April
1982 a project was begun to compile a directory of all the state's streets and
roads which would indicate the territorial location of each such street or road.
Each authorized territory was asked to submit a listing of all streets and
roads contained within the territory, together with the zip code number of the post
office through which each street or road would be addressed. An identification of
streets or roads which crossed territorial lines was also requested.
With the information submitted a supplement to the fire code manual was issued
listing zip codes, the names of streets and roads within the zip code and the fire
code number for each street or road. Periodically, as additional information has
been submitted, up—dated issues have been made.,
w.
N.Y.S: FIRE DISTRI:CT..LIST.ING F.OR ENFIELD Tf.',D - 5214
.y
STREET CODE NO, STREET CODE NO.
1 4 8 5 0 'B'LACK OAK RD ...... (REF# R0001).5214
BUTTERNUT CREEK'•RD.....:::.....5214
CONNECTICUT HILL RD (PARTIAL)..5214
APPLEGATE RD...................5214"GRI'FFEN RD, ...................... 5214
BLACK OAK RD ...... (.REF# R0002).5214 HlNES RD........................5214
BOSTWICK RD ....... (REF# R0003).5214' LEONARD RD.....................5214
COLEGROVE RD (PARTIAL).. ; ......52141 •,PORT'ER• HILL, -RD.'..: (RE.F# R0008).5214
E ARTIFICAL INSEM C00'P INC.'....5214 ROCKWELL RD ..................... 5214
ENFIELD CENTER RD ..............5214, STONEHOUSE RD .................. .5214
ENFIELD ELEMENTARY SCHOOL ... ,.,5214 THOMAS RD (T/O ENFIELD) ........ 5214
ENFIELD FALLS RD..(REF# R0012).5214;WOODARD RD.....................5214
ENFIELD .MAIN RD (ST RTE 327).,.5214_
FISH RD.'.......................5214•
GEORGIA RD.....................5214 R E F E R E N C E S
GRAY RD........ ................ 5214
HALSEYVILLE RD....(REF# R0004).5214 -
HARVEY HILL RD .... (REF# R0005).5214 R0001 - FROM CONNECTICUT HILL TO
HAYTS RD .......... (REF# R0006).5214 CAYUTIVILLE RDS
HUBBELL DRIVE :.................5214:,-R0003 - ROCKWELL TO-HINES RDS
IRADELL 'RD ........ (REF# R0007).5214
MARSHALL RD .....................5214
MECKLENBURG .RD....(REF# R0008).5214`, 1 4 8 8 6
PORTER HILL RD...(REF# R0009).5214
ROTHERMICH RD ......... ........5214'
RUMSEY HILL RD 5214 AIKEN RD .......... .......... ....5214
SAGE RD..... „ 5214 B -LACK OAK RD ......(REF# R0002).5214
SH.EFFIELD.RD. .......,:,.,.:.5214 HARVEY HILL RD .... (REF# 80003).5214
TEETER RD (PARTIAL)...,,::.,;...5214 •IRADELL RD ........ (REF# R0004).5214
TRUMBULLS CORNERS (REF#..:80010). 5214 MECKLENBURG RD (RT(REF# R0005).5214
VAN DORNS Rbll. .:.(REFW R0011).5214 PODUNK RD....I.... (REF# .R0006).5214
TOWNLINE RD ....... (REF# R0007),52i4
TUCKER RD......., .5214
R :E F E R E N C E S WATERBURG RD ...... (REF# 80008),5214
•WEATHERBY RD...................5214
R0002 - MECKLENBRG TO HARVY HILL RD
R0003 - FROM SHEFFIELD TO ENFIELD R E F E R E N C E S
MAIN RD (RT 327)
R0004 - FROM MECKLENBURG TO
IRADELL 'RD'S R0002 - HARVEY HILL TO WEATHERBY RD
R0005 - ENFIELD MAIN -BLACK OAK RD R0003 - FROM T/LINE TO BLK OAK RDS
R0006 - SHEFFIELD-HALSEYVILLE RD'S R0004 - FROM HALSEYVILLE TO (COUNTY
R0007 - SHEFFIELD-HALSEYVILLE RD LINE RD) TOWNLINE RDS
R0008 - (RT 79) FROM SHEFFIELD R0005 - PODUNK TO TOWNLINE RDS
TO PODUNK RDS R0006 - MECKLENBURG (RT 79) TO
R0009 - FROM TRUMBULLS CORNERS TO IRADELL RDS
ROCKWELL RDS R0007 - IRADELL TO WEATHERBY RDS
R0010 - ENFIELD FALLS-HINES RDS R0008 - MECKLENBURG (RTE 79) TO
80011 - TO IRADELL RD IRADELL RDS
ENFIELD FALLS RD (RT 327)
R0012 - FROM HUBBELL DR TO HINES RD
& FR TREAMEN PK TO GRAY RD
1 4 8 6 7