FIRE PROTECTION SERVICE AGREEMENT
THIS AGREEMENT, made as of this 54th day of January, 20165, between the TOWN
OF MALTA, County of Saratoga, State of New York, hereinafter designated as the ATown@)
and MALTA RIDGE VOLUNTEER FIRE COMPANY, INC., a not-for-profit corporation, duly
organized and existing under and by virtue of the laws of the State of New York, and having its
principal offices within the Town of Malta, County of Saratoga, State of New York, (hereinafter
designated as the (ACompany@).
WITNESSETH:
WHEREAS, there has been duly established in the Town of Malta a fire protection
district known as Town of Malta Fire Protection District No.1, the territory of which embraces
the lands in the Town of Malta outside the incorporated Village of Round Lake, and as such
territory is more fully described in the resolution which established such fire protection district,
and
WHEREAS, this agreement with the Company is for the purpose of providing fire
protection services and emergency services, in the case of accidents, calamities or other
emergencies in connection with which the services of firefighters would be required within the
fire protection district for the period January 1, 20165 through December 31, 20165, and
WHEREAS, following a public hearing duly called by the Town Board of the Town of
Malta pursuant to Section 184 of the Town Law, the Town was authorized to contract with the
Company for fire protection and emergency services within said fire protection district upon the
terms and provisions hereinafter set forth, and
WHEREAS, pursuant to its April 1, 1980 resolution, the Town Board of the Town of
Malta did adopt and did define a Afirst call@ line within the aforesaid fire protection district as
follows:
Beginning at a point in the westerly boundary of the Town of Malta, with the Town of
Ballston on County Road 82 such point being three hundred (300') feet south of the intersection
of the pavement of County Road 82 with the pavement of New York State Highway 67 and
continuing from said point of beginning easterly on a line parallel with New York State Highway
67 at a constant distance of three hundred (300') feet from such state highway to the intersection
of New York State Highway 67 with U.S. Route 9 and thence continuing in an easterly direction
at a constant distance of three hundred (300') feet from the pavement of Dunning Street in the
Town of Malta to a point three hundred (300') feet west of the pavement of the access road to the
New York State facility known as Test Site Road, and then continuing in a southeasterly
direction parallel with such access road at a constant distance of three hundred (300') feet from
the pavement of such road and continuing along such line as extended until such line intersects
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with the westerly boundary of the Town of Stillwater and the easterly boundary of the Town of
Malta where such line terminates, and
WHEREAS, by separate agreements with the Village of Round Lake and the Malta Ridge
Volunteer Fire Company, Inc., the area north of the Afirst call@ line is the primary
responsibility of the Malta Ridge Volunteer Fire Company, Inc., and the area south of the Afirst
call@ line is the primary responsibility of the Village of Round Lake and its agent the Round
Lake Hose Co. No. 1,
NOW THEREFORE, for and in consideration of the covenants and agreements herein
contained, the Town does by this agreement engage the Company to furnish fire protection and
emergency services within the aforesaid fire protection district, and the Company agrees to
furnish such services for said district in the manner following, to wit:
1. The Company shall at all times during this term of this Agreement be subject to call for
attendance at any fire or other emergency occurring in the district when notified by
alarm, telephone call, or any other means from any person within said district of a fire or
emergency within the district as clarified more fully below in describing which fire
company has primary responsibility. The Company shall respond and attend upon the
fire or emergency without delay with one or more companies, equipment and resources
that may be necessary and suitable for the control of said fire or emergency, and the
saving of life and property.
It is understood and agreed that the aforementioned described @first call@ line shall be
applicable to the provision of fire protection in the Town of Malta Fire Protection District
No. 1 which is located in the area north of the first call line.
The primary responsibility of the area north of the Afirst call@ line is the responsibility
of the Malta Ridge Volunteer Fire Company, Inc. and the area south of the Afirst call@
line is the responsibility of the Village of Round Lake and its agent, the Round Lake
Hose Co. No. 1. In respect to any building bisected by the Afirst call@ line, the Malta
Ridge Volunteer Fire Company, Inc. and the Village of Round Lake and its agent, the
Round Lake Hose Co. No. 1, understand and agree that any call to such a building
bisected by the Afirst call@ line would be deemed a mutual aid call.
It is further understood and agreed that with respect to any residences and buildings
located on the following town roads are and shall be the primary responsibility of the
Village of Round Lake and its agent, the Round Lake Hose Co. No. 1: Wood Mint Place,
Tea Berry Place, Wake Robin Road, and Pepperbush Place.
(It is understood that by the mutual consent of the Malta Ridge Volunteer Fire Company,
Inc. and Round Lake Hose Co. No. 1, and as permitted by law, that occasional fund
raising activities have been conducted at the intersection of U.S. Route 9 , N.Y. 67 and
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Dunning Street in the Town of Malta which is known as AMalta Corners@. The
aforementioned Afirst call@ line is not intended to infringe upon such activities as
permitted by law.)
2. The Town agrees that the Company shall respond to calls for mutual aid assistance under
the terms and conditions of the New York State Mutual Aid Law, and notwithstanding
anything to the contrary herein, nothing in this agreement shall be deemed to prevent the
Company, at its option, from participating in conventions, parades, meetings, and schools
of instruction, both within and outside the Town of Malta.
3. The Company shall at all times during the period of this contract maintain and provide
adequate and suitable apparatus, appliances and equipment, hereafter referred to
generally as equipment, meeting NFPA standards for the condition and capabilities of
such equipment, as those capabilities apply to the intended use, and that the equipment
shall be maintained for year round service, and be prepared for and be subject to call for
response to and attendance upon any fire or emergency occurring in the fire protection
district when notified by alarm, telephone call, or any other means from any person
within said district of a fire or emergency within the district. The Company shall respond
and attend upon the fire or emergency without delay with one or more companies,
equipment and resources that maybe necessary and suitable for the control of said fire or
emergency, and the saving of life and property.
4. The Company shall meet as needed and at all times work cooperatively with the Town,
the Village of Round Lake Fire Department and the Round Lake Hose Company, Inc. to
continue to implement mutually agreed upon aspects of the approved Town’s Fire
Protection Master Plan which improves the operating effectiveness of providing fire
protection and emergency services in the Town and the Village. All parties will work
cooperatively in the area of procurement in order to facilitateto implement a procurement
process which avoids to the maximum extent possible duplicate equipment purchases.
5. In consideration of the Company furnishing fire protection and other emergency services
and the use of its apparatus as aforesaid, the Town covenants and agrees on behalf of the
said fire protection district to pay the Company the following amount for the calendar
year beginning on January 1, 20165 and ending December 31, 20165:
Payment of $89372,5200 by no later than March 1, 20165
The Company agrees to establish a separate bank account for equipment capital needs
and agrees to provide a copy of the account’s bank statement on a quarterly basis.
The Town agrees to provide the Company with gasoline for its emergency vehicles which
will be billed to the Company by the Town at the Town’s cost plus an administrative and
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overhead cost of $.05 cents per gallon on a monthly basis.
6. Notwithstanding anything herein to the contrary, the monies set forth in the budget
submitted to the Town Board, prior to the adoption of this agreement, for the purposes of
accumulation each year for the purchase of vehicles, other apparatus and equipment, land
or buildings, shall be continuously retained or utilized by the Company and maintained in
a separate fund or funds and the Company shall account for said monies at the end of
each calendar year to the Town. In the event that this Agreement is not renewed, these
monies shall be used to offset any debt owed by the Company relating for fire protection.
7. The Town and the Company agree that the Company will continue, in connection with its
involvement in the Fire Companies of Malta, Inc., to support and operate the new joint
central fire station.
8. The Company agrees to procure all goods and/or services competitively and in
accordance with sound procurement practices.
9. The members of the Company shall have access to the gymnasium at the David R.
Meager Community Center as scheduled in consultation with the Director of Parks,
Recreation and Human Services in exchange for providing an emergency services
column for the Town of Malta newsletters upon request by the Town.
10. The volunteer firefighters shall be covered under the County of Saratoga=s Workers
Compensation Self-Insurance Plan consistent with the requirements of the New York
State Volunteer Fireman’s Benefit Law.
11. The Company, an independent contractor to the Town with respect to all services and
obligations contemplated herein, shall hold harmless the Town, together with its agents,
employees, officers, principals and designated representatives from any and all liability
for any reason whatsoever arising out of the performance or failure of performance of its
duties, components, obligations or operations under this agreement, including the cost of
reasonable attorneys’ fees. In addition the Company hereby agrees to obtain insurance
from a company licensed to do business in the State of New York with a BEST rating of
A or better and to supply the Town a certificate of insurance showing a) at least
$1,000,000.00 combined single limit liability coverage per occurrence Automobile
Liability and b) at least $1,000,000.00 combined single limit liability coverage per
occurrence General Liability coverage with a $103,000,000.00 general aggregate, a
$101,000,000.00 products and completed operations aggregate and $1,000,000 errors and
omissions coverage. Umbrella coverage may be used to satisfy the required limits. The
certificate shall provide for 10 days written notice to the Town for cancellation.
Additionally, it is agreed that the Company shall name the Town as additional insured on
such policy. The provisions of this paragraph shall be broadly construed in favor of the
Town, so as to carry out its purpose of protecting the Town from any and all liability
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caused by the actions or inactions of the Company, whether actual or alleged.
12. The Company acknowledges that it has a general duty to provide services to the public
and there is no such duty to any specific group, individual, or property owner.
13. The Town and the Company agree that the methods, means, and decisions as to how
service shall be rendered in the area protected are the sole discretion of the officers or
members of the respective fire departments, as the case may be, on the scene of an
emergency except that said methods, means and decisions shall be in compliance with
New York State and United State Laws and regulations promulgated there under and
shall be performed with due care under the circumstance.
14. The Company shall comply with any and all applicable laws, statutes, ordinances, rules
and regulations in the rendering of fire protection and emergency services in its
relationships with its volunteers, employees and clients, and in all other respects.
15. The Company shall continue its attempts to solicit grant funding to defer the cost of
providing fire protection and emergency services from appropriate funding sources.
Copies of such funding requests will be provided to the Town upon request. The Town
will work cooperatively with the Company in their attempts to solicit grant funding.
16. The Company hereby agrees to submit a copy of its financial statements prepared by an
independent certified public accountant or a copy of its not-for-profit tax return within
thirty days upon completion. The Round Lake Hose Co. No. 1 and Malta Ridge
Volunteer Fire Company, Inc. shall continue to work cooperatively to establish a uniform
accounting system for recording all fire protection revenues and expenditures not only
those derived from this contract. The Company=s books and records shall be subject to
an independent audit by a Certified Public Accountant selected by the Town Board of the
Town of Malta and paid for by the Town at such times as the Town Board shall
determine appropriate.
17. The Company agrees that the Town Board, its employees, agents, servants and assigns
shall, at a mutually agreed upon time, have access to any and all fire protection buildings,
equipment and tools for the purpose of inspection and evaluation.
18. It is further agreed between the parties hereto that if the Company shall fail to willfully
respond to alarms and/or willfully fulfill and perform its duties and obligations under this
contract and without reasonable explanation, at any time during the duration of this
contract, or at any time notifies the Town that it does not intend to perform its duties for
any period of time, then the Town may allot and pay to another fire company located in
said Town for furnishing fire protection to the fire protection district, a pro-rated portion
of any part of the monies due or to become due under this Agreement for the period for
which such service is rendered. In the event that monies have already been paid to the
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Company for the period involved, then said Company shall refund to the Town the full
amount of unearned money on a pro-rata basis per day of failure to provide service. The
intent of this paragraph is not to prohibit temporary coverage for the Company under
unusual circumstances which may occur from time to time.
19. The parties hereto mutually covenant and agree that they will use their best efforts at all
times in cooperating to control and extinguish any fire or emergency causing damage in
the said fire protection district, and this agreement is not to be canceled, revoked, or
terminated by either party within the term of this contract unless it is proven that one
party or the other has been willfully negligent and neglectful with respect to any of the
terms or provisions set forth herein.
20. The Company agrees to provide upon request by the Town a report summarizing the
number of fire calls, a breakdown of fire calls by type and the average fire call response
time for the current and prior calendar year as well as any other information relating to
the provision of fire protection and emergency services that is reasonably required by the
Town.
21. In the event any parts of this Agreement are found to be void by a court of law, the
remaining provisions of this Agreement shall nevertheless be binding with the same force
and effect as though the voided parts were deleted.
22. The Company agrees to the provisions of Section 109 of the General Municipal Law that
this contract shall not be assigned, transferred, conveyed or otherwise disposed of without
the consent in writing of the Town, which consent shall be entirely within the Town=s
discretion but which consent shall not be unreasonably withheld. The intent of this
paragraph is not to prohibit temporary coverage for the Company under unusual
circumstances which may occur from time to time.
23. The Company agrees to the provisions of Section 103-b of the General Municipal Law
which requires that upon a refusal of a person when called before a Grand Jury or other
authorized persons to testify concerning any transaction or contract with the Town or
who refuses to sign a waiver of immunity against subsequent criminal prosecution or to
answer any relevant questions concerning such transaction or contract shall be
disqualified thereafter from contracting with any municipal corporation, fire district,
public department, agency or official thereof for a period of five (5) years after such
refusal or until disqualification shall be removed.
24. Parties hereto agree that this contract shall be for a period of one year commencing on
January 1, 20165 and terminating on December 31, 20165. The parties also agree the
Company shall begin the process of preparing a financial operating and capital budget
that may enable the Parties to enter into a long-term contract in the near future, and that a
discussion draft of that contract shall be provided to the Town on or before August 15,
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20165.
IN WITNESS WHEREOF, the parties have duly executed and delivered this Agreement
the day and year first above written.
Town of Malta
By:
__________________________
Vincent DeLuciaPaul J. Sausville,
Supervisor
Malta Ridge Volunteer Fire Company, Inc.
By:
:
:
COUNTY OF SARATOGA :
__________________________
Richard Jennings, President
STATE OF NEW YORK
ss.
On this ____ day of ____________, 20165, before me, the undersigned,
personally appeared ______________________, personally known to me or provided to me on
the basis of satisfactory evidence to be the individual whose name is subscribed to the within
instrument, acknowledged to me that he/she is the __________________ of the
________________, executed such instrument in his/her capacity pursuant to authority duly
vested in him/her by ___________________ and that by his/her signature on the instrument, the
individual, or the person upon behalf of which the individual acted, executed the instrument.
___________________________________
NOTARY PUBLIC
STATE OF NEW YORK
:
:
COUNTY OF SARATOGA :
ss.
On this ____ day of ____________, 20165, before me, the undersigned,
personally appeared ______________________, personally known to me or provided to me on
the basis of satisfactory evidence to be the individual whose name is subscribed to the within
instrument, acknowledged to me that he/she is the __________________ of the
________________, executed such instrument in his/her capacity pursuant to authority duly
vested in him/her by ___________________ and that by his/her signature on the instrument, the
individual, or the person upon behalf of which the individual acted, executed the instrument.
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___________________________________
NOTARY PUBLIC
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