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HomeMy WebLinkAbout1993 contract 2 EVFCFIRE PROTECTION TOWN OF ENFIELD THIS AGREEMENT made this 2 day of December, 1992, 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 Yore, 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 18+ 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, 1993 and ending December 31, 1993 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 other4 se 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 2 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 motorized fire -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 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 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 shah arrange through Mutual 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 FIRE COMPANY the sum of One Hundred Forty -Two Thousand Five Hundred Forty Dollars and no 1/100ths ($142,540.00) Dollars, payable in four (4) - installments. Fifteen Thousand and no 1/100ths ($15,000.00) shall be due or. January 15th, 1993 which includes a one time only payment of Two Thousand Five Hundred Dollars and no 1/100ths (C2,5"00.00) "for the9616 purpose of providing physical examinations and Hepatitis B immunizations to fire fighters as required by OSHA regulations. On February 15th, 1993, a payment of Thirty -Four Thousand One Hundred Eighty Dollars and 3 no 1_11/100ths ($34,180.00) is due. The remaining two (2) installments are payable in the amount of Forty -Six Thousand Six F:undred Eighty and no 1;100ths Dollars ($46,680..00)" each on. April 15th,. 1993 and -July 15th. 1993 respectfully. 8. The 'TOWN and FIRE'COMPANY agree that Eight Thousand Do=Llars:.'and`. no 1 100th ("-8,000.00) Dollars of the above payment of $142,540.00 shall be set aside in an interest bearing account and used for the purpose of.. purchasing replacement eme:r gency :vehicles. 9. The parties acknowledge that this agreement repr.esen`ts the entire agreement between the:parties and that any contract"f"or a_.prior ,year which called for any payment to be made in this year is hereby superseded and no further force"and effect. 10. The TOWN agrees that.all monies paid hereunderl'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 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 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 TOWA? 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 4 such Town contracts and hot: 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,, 1991, and 1992.contracts. C. The TOWN may request.and ;pay the expense of and 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" 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, 1993. TOWN OF ENFIELD BY Tow. Supervisor A7. -TEST: a 7 T•7n Clerk ENFIELD VOLUNTEER FIRE COMPANY,INC. B-�' TEST: <