3.8 3.8
FIRE AND RESCUE\Fire Contracts—Bay Ridge Qby Central and WGF—2024 Agreements-Set 3 Sep Public Hearings-12-4-2023
RESOLUTION SETTING PUBLIC HEARINGS ON ONE (1) YEAR FIRE
PROTECTION SERVICES AGREEMENTS BETWEEN TOWN OF
QUEENSBURY AND THE BAY RIDGE, QUEENSBURY CENTRAL AND
WEST GLENS FALLS VOLUNTEER FIRE COMPANIES FOR 2024
RESOLUTION NO.: 92023
INTRODUCED BY:
WHO MOVED ITS ADOPTION
SECONDED BY:
WHEREAS, fire protection services are provided to the Town of Queensbury by the Bay
Ridge Volunteer Fire Co., Inc., North Queensbury Volunteer Fire Co., Inc., Queensbury Central
Volunteer Fire Co., Inc., South Queensbury Volunteer Fire Co., Inc., and West Glens Falls Volunteer
Fire Co., Inc., in accordance with agreements between each Fire Company and the Town, and
WHEREAS, the Town's Agreements with Bay Ridge Volunteer Fire Co., Inc., North
Queensbury Volunteer Fire Co., Inc., Queensbury Central Volunteer Fire Co., Inc. and West Glens
Falls Volunteer Fire Co., Inc.,will expire as of December 31, 2023, and
WHEREAS, the Town has negotiated terms for a new one (1) year Agreement for fire
protection services for 2024 with the Bay Ridge, Queensbury Central and West Glens Falls Volunteer
Fire Companies and accordingly, in accordance with Town Law §184, the Town Board wishes to set
three(3) separate public hearings concerning the proposed Agreements,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board shall conduct three (3) separate public
hearings concerning the three (3) proposed Agreements for fire protection services for 2024 between
the Town and the Bay Ridge, Queensbury Central and West Glens Falls Volunteer Fire Companies on
Monday, December 18t', 2023 at 7:00 p.m., and
BE IT FURTHER,
RESOLVED, that the Town Board hereby authorizes and directs the Queensbury Town Clerk
to publish a Notice of Public Hearing in the Post-Star Newspaper once at least ten (10) days prior to
the Public Hearings.
Duly adopted this 4t'day of December, 2023,by the following vote:
AYES
NOES
ABSENT:
AGREEMENTS\Fire&Rescue\Bay Ridge Fire—2024
AGREEMENT
THIS AGREEMENT, made as of the 1s` day of January, 2024 between THE TOWN
BOARD OF THE TOWN OF QUEENSBURY, acting for and on behalf of the Town of
Queensbury, a municipal corporation situated in the County of Warren and State of New York
(hereinafter referred to as the "TOWN"), and the BAY RIDGE VOLUNTEER FIRE
COMPANY, INC., a New York Not-for-Profit Corporation, located in the Town of Queensbury,
Warren County,New York(hereinafter referred to as the "FIRE COMPANY").
WITNESSETH, that
WHEREAS, there has been duly established in the Town a Fire Protection District
encompassing all of the geographical territory of said Town, and the Town has provided for its fire
protection by contracting with five volunteer fire companies in the Town,and
WHEREAS, the purpose of this Agreement with the Fire Company is to provide volunteer
fire protection services in the Fire Company's chartered area and other areas on a mutual aid basis
for one(1)year through December 31,2024,and
WHEREAS,the Queensbury Town Board(Town Board),after conducting a public hearing
in accordance with New York State Town Law §184, duly adopted a Resolution authorizing this
Agreement for fire protection on behalf of the Fire Protection District with the Fire Company upon
the following terms and conditions:
NOW, THEREFORE, for and in consideration of the covenants and agreements herein
contained, the Town does by this Agreement engage the Fire Company to furnish fire protection to
the Fire Protection District and the Fire Company agrees to furnish fire protection for the district in
the following manner:
1. Fire Company to Use Best Efforts to Perform Duties; Failure to Perform.
The Fire Company covenants and agrees that it will use its best efforts at all times to control
and extinguish any fire or emergency causing damage in the Fire Protection District. This
Agreement is not to be cancelled, revoked or terminated by either party within the term of this
Agreement unless it is proven that one party or the other has been willfully negligent and neglectful
with respect to any of the Agreement's terms or provisions.
It is further agreed between the parties that if the Fire Company shall fail to respond to any
alarm and fulfill and perform its duties and obligations at any time during the duration of this
Agreement for a period of 30 days and without a reasonable explanation, 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 one or more of the other Fire Companies located in the Town for furnishing fire
protection to the chartered area of the Fire Company, all or any part of the monies due or to become
due under this Agreement for the period for which such service is to be rendered. In the event that
monies have already been paid to the Fire Company for the period involved, then said Company
shall refund to the Town the full amount of the unearned money on a pro-rata basis per day of
failure to provide service.
2. Fire Company Duties.
The Fire Company shall:
A. Be and remain duly incorporated and qualified under §501(c)(3) of the United States
Internal Revenue Code.
B. At all times during the period of this Agreement, maintain and provide adequate and
suitable apparatus, appliances and equipment, hereafter referred to generally as
(2)
equipment meeting applicable National Fire Protection Association (NFPA) standards
for the condition and capabilities of such equipment, as those capabilities apply to the
intended use, and that 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 chartered area of the Fire Company.
C. The Fire Company shall at least annually test any dry hydrants located within the Fire
Company's chartered area. The Fire Company shall provide the Town with an inventory
of dry hydrants within its chartered area (including their locations) by August 31 St of
each year of this Agreement. If the Fire Company wishes to request the Town's
assistance for repairs, the Fire Company shall promptly notify the Town Supervisor in
writing, and the Town may provide that assistance.
D. When notified by an alarm or telephone call from any person of any fire within the said
chartered area of the Fire Company, the Fire Company shall respond to the fire or other
emergency without delay with all of the Fire Company's equipment and resources that
may be necessary and suitable for the control of said fire or emergency, and the saving
of life and property.
E. The Fire Company shall, when needed and called by any officer of any Fire Company
within the Fire Protection District of the Town of Queensbury, respond with all
equipment and use all of the Fire Company's resources required in the officer's
discretion to extinguish and control the fire and to save life and property anywhere
within the Town of Queensbury. When the Fire Company is called and attending a fire
or incident outside of the Fire Company's chartered area, the proper officers of the Fire
Company within the chartered area where the fire occurs, are to have full control and
charge of the fire or incident or any necessary work or procedure in connection with the
fire or incident, and the Fire Company is not to be charged with any neglect or liability
because of the acceptance of orders or directions of the officer in charge of the incident
or in fighting the fire or emergency or because of impassable roads or other conditions
(3)
that make it unreasonable to transport firefighting equipment to the scene of the incident
or emergency.
F. The Fire Company may respond to calls for mutual aid assistance under terms and
conditions of the New York State Mutual Aid Law.
G. Notwithstanding anything to the contrary herein, nothing in this Agreement shall be
deemed to prevent the Fire Company from participating in conventions, parades,
meetings,and schools of instruction,both within and without the Town of Queensbury.
H. Use the monies received from the Town in accordance with this Agreement for only the
following purposes and subject to the following conditions:
(1) The monies provided in accordance with this Agreement shall be used in
accordance with the budget that has been submitted by the Fire Company,
attached as Exhibit A and incorporated herein for all purposes: The Fire
Company may move funds as necessary between expense categories within the
operating expenses; however, the Fire Company cannot move funds as
necessary between the two categories of expenses listed on Exhibit A.
(2) Notwithstanding anything provided in the budget, it is agreed that none of the
Town funds shall be used for purposes of the payment of banquets or awards,
fund raising activities, clothing not used for fire-fighting purposes,
compensation or reimbursement for the purchase of telephones by members,
wear and tear on members' personal vehicles or personal equipment such as
computers or telephones used in connection with Fire Company activities,
associated expenses or payment of compensation to any officers or other
members of the Fire Companies, except that these restrictions shall not prohibit
reimbursing members for telephone calls, food and beverage, and other business
expenses related to the Fire Company purposes.
(4)
(3) Notwithstanding anything herein to the contrary, the monies set forth in the
budget for purposes of accumulation each year towards the purchase of vehicles
or other apparatus authorized by said budget account line, shall be continuously
retained by the Fire Company and maintained in a separate fund and the Fire
Company shall account for such monies in each annual audited financial report.
All interest earned on such funds shall be credited toward and maintained in the
vehicle/equipment purchase fund and restricted as above. Any expenditure from
the vehicle fund is subject to prior approval by the Town Board after reasonable
justification by the Fire Company. In the event that this Agreement is not
renewed,this money shall be used to offset any debt owed by the Fire Company.
If the Fire Company has no debt,vehicle and equipment reserve monies shall be
returned to the Town.
(4) The Fire Company shall mail and/or personally deliver the documents identified
below, in acceptable form, to the Town's Budget Officer each year of this
Agreement or any extension thereof as follows:
a) By June 25th, an annual audited financial report of the previous year in the
format prescribed by the Town prepared on an accrual basis by a Certified
Public Accountant engaged by the Town. Company will not be held
responsible for forwarding report after June 25th if they have complied with
the timeline to be set forth in the agreement with the firm to be chosen.
Such report shall verify the Fire Company's qualification under 501(c)(3) of
the United States Internal Revenue Code and shall include statements of all
revenues regardless of source and all expenditures regardless of purpose,
with specific schedules of expenditures of Town funds. The Fire Company
shall be entitled to receive a copy of the proposed Agreement between the
Town and the Certified Public Accountant. A copy of any management
letter issued by the auditor shall also be provided. It is specifically
(5)
understood that the requirement for the Fire Company to provide a complete
financial report of all revenues and expenditures is to conform with prudent
fmancial disclqsure and public accountability. It is not intended that money
received from fundraising, grants, bequeaths and other non-Town sources
will be applied to expenses for which the Town has agreed to pay within the
approved budgets.
b) By July 15th, an annual update of the Fire Company's five (5) year capital
plan that forecasts future capital needs and expenditures, including
anticipated vehicles, equipment, tools, other apparatus, facilities or
improvements to facilities to be used for firematic purposes.
c) On July 15th of the fmal year of this Agreement,a budget for each respective
year of the proposed, subsequent Agreement.
d) By March 31s`, a summary of Fire Company Members' Service Award
Credits for the previous year. The Town, specifically including the Town's
Budget Officer, shall be provided detailed records of such Service Award
Credits upon written request within 10 business days of such written request.
e) Prior to the expiration of the previous insurance policies, the Fire Company
will provide copies of insurance certificates specified in Paragraph 8 of this
Agreement.
(5) Notwithstanding any provision of this Agreement, at any time that the Fire
Company is in default of the documentation requirements of this Paragraph:
a) The Town may defer any payments due to the Fire Company under this
Agreement until the default is cured;and
(6)
b) The Town shall not commence contract renewal negotiations with the
Fire Company.
c) In the event that a payment is deferred because of non-compliance with
reporting requirements, the Fire Company may appeal to the Town
Board for a partial or full payment of amounts otherwise due by
providing an explanation of extenuating circumstances.
(6) Fire Company books and records shall be subject to an independent audit by a
Certified Public Accountant selected by the Queensbury Town Board and paid
for by the Town at such times as the Town Board shall determine appropriate.
3. Town's Responsibility to Pay.
The Town agrees to:
A. Pay to the Fire Company and the Fire Company agrees to accept$554,38,4 for the year
2024 for furnishing fire protection in accordance with the terms of this Agreement.
B. Pay the following sums:
(1) 35%in first audit of 2024 following full execution of the agreement;
(2) 25%upon delivery of audit documents to the Town or Auditor(no later than 3/31);
(3) 20% upon receipt of audit and management letter from auditors (no later than June
25);
(4) 20% upon receipt of an acceptable response from the Fire Company addressing
remedies/corrective actions for audit findings;
(7)
(5) In an ideal situation, the 3rd and 4th payments listed above could be made
simultaneously, provided the audit is clean and no findings are listed in the
management letter;
(6) If the Fire Company's insurance increases by more than four-percent (4%) in
2024, the Town is willing to negotiate this Agreement concerning the cost of such
increase.
4. Term.
This Agreement shall be for a one(1)year period beginning January 1,2024 and continuing
through December 31 2024. The parties intend to open negotiations for a future agreement at least
45 days prior to expiration of this Agreement
5. Restrictions on Purchase,Sale,'Use or Disposition of Fire Company Assets.
A. The Fire Company agrees not to purchase or to enter into any binding contract to incur
debt of any amount or to purchase any piece of apparatus, equipment, vehicles, real
property, or make any improvements thereon with a value of$80,000. 5000 or more,
without prior approval by Resolution of the Queensbury Town Board. As part of the
approval process, the Fire Company will be expected to show financial responsibility
and ability to maintain a responsible debt level. It is understood and agreed that such
approval will not be interpreted as any agreement by the Town to assume responsibility
or liability for payment or guarantee or assure payment for such apparatus, equipment,
real property or improvement thereon, or debt. With respect to any improvements or
non-emergency repairs costing $8;000;070O0 or more, the Fire Company agrees to
solicit three written quotes and document the costs.
B. The Fire Company agrees not to sell, give, or otherwise dispose of any vehicle,
(8)
equipment,machine, or other apparatus acquired by or through the use of funds received
from the Town by reason of this Agreement, or any prior agreement, without prior
notification of the Town Board and except through or by way of, sale or conveyance to
the highest bidder following an advertised auction or solicitation of bids or transfer to
another emergency service funded by the Town of Queensbury. However, this
provision shall not prohibit vehicle/equipment trade-ins or transfers to another Town of
Queensbury Fire Company or Emergency Squad, nor shall it prohibit the Fire Company
from donating personnel equipment such as replaced turn-out gear to other Fire
Companies or Rescue Squads when replacing such equipment in accordance with a
normal replacement schedule. In addition,;the above notfcafion_provrsion shallFnot
apply to the"sale of equipment havtng a value ofiless than 44i910&
C. In the purchase or sale of apparatus, equipment, vehicles or real property, or the making
of improvements, the Fire Company shall make every effort to avoid any conflict of
interest. The Fire Company shall not purchase such things from or sell such things to a
"related party" unless the Fire Company's Board of Directors (excluding any "related
party")approves such purchase or sale. A"related party"shall be:
(1) any member of the Fire Company or his/her family; or
(2) any business where any member of the Fire Company or his/her family,
directly or indirectly,work,receive financial remuneration or own part or all
of such business. For the purposes of this provision, "family" shall include
spouse,children,parents or siblings.
D. In recognition that the payment made by the Town in accordance with this Agreement
constitutes nearly the entire.budget of the Fire Company and the long-standing support
of the Fire Company by the Town, the Fire Company agrees: (1) that in the event of
dissolution or cessation of operation of the Fire Company during the term of this
Agreement, all assets of the Fire Company remaining after the payment of its debts shall
(9)
be distributed to the Town to be used for purposes substantially similar to those of the
Fire Company; and (2) that the Fire Company shall not sell, lease, convey, give or
otherwise transfer any real property without a prior Resolution of the Town Board
approving the transfer.
E. The Fire Company agrees to utilize purchasing guidelines as set forth and contained
herein as Exhibit B or Company policy submitted and agreed to by the Town Budget
Officer.
F. sUse ofivefcles'and tapparatus shouldbe restricted to offcial usessas determined by
the Fire Company_ Only authorized occupants pursuing,offcial purposes or duties
of the rFire Company,' are,allowed"to` {use Fire LCompany`vehicles Such Fire
`Com an authorized `occupants k use 2Fire_Company'vehiclesx and apparatus
Xmay
while+pursuinVauthor zed, duties of th`e yFirei'`Company and pre-Board-approved
activities,such as tattending off cial ceremonl s,like parades'or,<other activities that
have;a` direct,relationship?to of c alu activities rx In aaddition,p th`e Fire �Comp�any's
Board mayµauthori of�a FareCompanyvehicle for travel between his/her
official ,domicile or Job site and emergency,inciden sy an k order to *is sure ,rapid
response and expediently respond kemergency stuations
6. Fire Company Awards Program Records.
The Fire Company is hereby required to keep, maintain and allow inspection by the
Queensbury Town Supervisor, Town Board and Town Budget Officer, certain records relating to
recordation and accumulation of points by Volunteer Fire Fighters participating in the Volunteer
Firemen Awards Program established previously by Local Law following approval of the voters at
a referendum. The Fire Company shall keep all records that are required by such Local Law and the
records shall be provided and certified to the Town Board at such times and in such form as may be
prescribed by the Town Board not later than March 31st of each year, or not later than 30 days after
a written request has been made. (Reference is hereby made to Chapter 16 of the Queensbury
Town Code).
(10)
7. Unforeseen Events.
The Town agrees that in the case of an unforeseen,justifiable event which has the effect of
substantially impairing or reducing the capability of the Fire Company to carry out its duties of fire
protection, the Town will entertain reasonable requests or applications for additional financial aid
or assistance to the Fire Company to alleviate or eliminate the condition. It is understood,however,
that the Town, by agreeing to entertain any such applications or requests, does not hereby in any
respect make any representation, commitment or guarantee that additional funds or aid will be
provided to the Fire Company by the Town or that the same are permitted under law.
8. Fire Company Insurance Requirements.
The Fire Company shall provide all insurance coverage required in the performance of this
Agreement and the Town shall be in no respect liable for any act or omission of the Fire Company,
its members, employees, servants,or agents.
Appropriate liability insurance shall be obtained by and/or on behalf of the Fire Company as
further set forth below. Such insurance shall be procured from an insurance company licensed to
do business in New York State. The Fire Company shall provide the Town with a copy of
Certificate of Insurance demonstrating at least the following coverage:
A. $1,000,000 combined single limit liability coverage, per occurrence, for Business Auto
with a$2,000,000 Umbrella Policy;and
B. $1,000,000 Combined Single Limit Liability Coverage per occurrence for General
Liability Coverage with.a $3,000,000 General Aggregate.and $3,000,000 Product and
Completed Operation Aggregate.
C. Building Casualty Coverage equal to replacement value.
(11)
D. Vehicle Casualty and Collision Coverage equal to replacement value.
Umbrella Coverage may be used to satisfy the required limits. The Certificate of Insurance
shall name the Town as additional insured and provide for thirty (30) days written notice to the
Town of any cancellation.
9. Access.
The Fire Company agrees that the Town Board, its employees, agents, servants and assigns
shall, within ten (10) days of written request, have access to any and all Fire Company owned
buildings and real property for purposes of inspecting and evaluating the buildings, property,
vehicles,equipment,tools and other apparatus.
10. Agreement Not Assignable.
This Agreement and any and all duties, responsibilities, rights and benefits accruing under
this Agreement may not be assigned or delegated without the written consent of the Town of
Queensbury, which consent shall be entirely within the Town's discretion. The intent of this
paragraph is not to prohibit temporary coverage by a neighboring Fire Company under unusual
circumstances that may occur from time to time.
11. Notices.
All notices, requests, demands and other communications hereunder shall be in writing and
shall be deemed to have been duly given if delivered in person or mailed certified mail return
receipt requested,to the Town,Fire Company or their respective officers.
12. Counterparts.
(12)
This Agreement may be executed simultaneously in two or more counterparts, each of
which shall be deemed an original but all of which constitute one and the same instrument.
13. Severability.
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 void parts were deleted.
14. Modification by Writing Only; New York State Law; Venue; Captions.
No waiver of or modification to any provisions of this Agreement shall be valid unless in
writing and signed by an authorized representative of the party against whom charged. This
Agreement shall be construed in accordance with New York State Law. Venue for any action
concerning this Agreement shall be Warren County. Captions have been added for convenience
only and are not to be determinative in the interpretation or construction of this Agreement.
15. Successor Agreement.
In the event that this Agreement expires before the next Fire Company Agreement can be
negotiated,the Town and Fire Company agree that the terms and provisions of this Agreement may,
by agreement of the parties, remain in full force and effect during the interim period pending
execution of a new agreement. During this interim period,the Town Supervisor may,if so directed
by the Town Board, approve monthly vouchers limited to 1/12th of the Fire Company's previous
year's budget.
IN WITNESS WHEREOF,the parties hereto have signed and executed this Agreement as
(13)
of the date first written above.
TOWN OF QUEENSBURY BAY RIDGE VOLUNTEER
FIRE COMPANY, INC.
BY: BY:
JOHN F. STROUGH, III CHARLES T. MELLON, SR.
TOWN SUPERVISOR PRESIDENT
STATE OF NEW YORK)
ss.:
COUNTY OF WARREN) -
On this day of in the year 202_before me, the undersigned, a notary
public in and for said state, personally appeared JOHN F. STROUGH, III, personally known to
me or proved to me on the basis of satisfactory evidence to be the individual whose name is
subscribed to the within instrument and acknowledged to me that he executed the same in his
capacity, and that by his 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)
ss.:
COUNTY OF WARREN)
On this day of in the year 202_before me, the undersigned, a notary
public in and for said state,personally appeared CHARLES T.MELLON,SR.,personally known
to me or proved to me on the basis of satisfactory evidence to be the individual whose name is
subscribed to the within instrument and acknowledged to me that he executed the same in his
capacity, and that by his signature on the instrument, the individual or the person upon behalf of
which the individual acted, executed the instrument.
Notary Public
(14)
•
EXHIBIT A
FIRE COMPANY BUDGET
2024
IVlaintenance;Operations,'Insurance, `: $363;210
Capital Pr"ojects'and_:Apparatu__s
Replacement
Debt Service t h 3: ur . «1 a" 13.1 72 115
., ..,..,.�ru._. _.._. P_..Y�'.u- .uiu..L ..,�._1....__..,•r . _.. F a....x�4n...ru..�.r;.f � !-e f
'� d"�+z", s
TQTAL�. ' �t _{# _1 r x E 1 3 {. KS 385
•
•
•
•
(15)
EXHIBIT B
Town of Queensbury
Fire and EMS Purchasing Guidelines
This Purchasing Policy for the Volunteer Fire Companies and EMS Squads currently under contract
with the Town of Queensbury is intended to assure economical use of public funds, facilitate the
acquisition of goods and services of optimum quality at the lowest price and guard against
favoritism,extravagance,fraud and corruption.
Types of Purchases
There are two basic types of purchase contracts:
• Purchase Contracts — involve the acquisition of commodities, materials, supplies or
equipment
• Contracts for Public Work—generally involve services,labor or construction
Many times a contract may involve both types. As a general rule, if a contract is predominantly for
services and the acquisition of goods is incidental, then it will be considered a Contract for Public
Work.
Aggregate purchases over 589 $5 000 for purchase contracts (those involving the acquisition of
commodities, materials, supplies or equipment) or over r 2,O $5,0:00 for public works contracts
(those involving services, labor or construction) will require three (3) quotes. The contract will be
awarded to the lowest responsible bidder/quote (vendor submitting the lowest bid or price quote
that meets all product specifications). All related party (current officers, board members, members
in general) contracts (purchase and public works) would require approval of the majority of each
company's/squad's Board of Directors. All IRS guidelines will be followed for the issuance of
1099's for those vendors meeting IRS stipulations.
(16)
4
1 I
AGREEMENTS Wire&Rescue\Qby Central Fire—2024
AGREEMENT
THIS AGREEMENT, made as of the 1st day of January, 2024 between THE TOWN
BOARD OF THE TOWN OF QUEENSBURY, acting for and on behalf of the Town of
Queensbury, a municipal corporation situated in the County of Warren and State of New York
(hereinafter referred to as the "TOWN"), and the QUEENSBURY CENTRAL VOLUNTEER
FIRE COMPANY, INC., a New York Not-for-Profit Corporation, located in the Town of
Queensbury, Warren County,New York(hereinafter referred to as the "FIRE COMPANY").
WITNESSETH, that
WHEREAS, there has been duly established in the Town a Fire Protection District
encompassing all of the geographical territory of said Town, and the Town has provided for its fire
protection by contracting with five volunteer fire companies in the Town,and
WHEREAS, the purpose of this Agreement with the Fire Company is to provide volunteer
fire protection services in the Fire Company's chartered area and other areas on a mutual aid basis
for one(1)year through December 31,2024,and
WHEREAS,the Queensbury Town Board(Town Board), after conducting a public hearing
in accordance with New York State Town Law §184, duly adopted a Resolution authorizing this
Agreement for fire protection on behalf of the Fire Protection District with the Fire Company upon
the following terms and conditions:
NOW, THEREFORE, for and in consideration of the covenants and agreements herein
contained, the Town does by this Agreement engage the Fire Company to furnish fire protection to
the Fire Protection District and the Fire Company agrees to furnish fire protection for the district in
(1)
the following manner:
1. Fire Company to Use Best Efforts to Perform Duties; Failure to Perform.
The Fire Company covenants and agrees that it will use its best efforts at all times to control
and extinguish any fire or emergency causing damage in the Fire Protection District. This
Agreement is not to be cancelled, revoked or terminated by either party within the term of this
Agreement unless it is proven that one party or the other has been willfully negligent and neglectful
with respect to any of the Agreement's terms or provisions.
It is further agreed between the parties that if the Fire Company shall fail to respond to any
alarm and fulfill and perform its duties and obligations at any time during the duration of this
Agreement for a period of 30 days and without a reasonable explanation, 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 one or more of the other Fire Companies located in the Town for furnishing fire
protection to the chartered area of the Fire Company, all or any part of the monies due or to become
due under this Agreement for the period for which such service is to be rendered. In the event that
monies have already been paid to the Fire Company for the period involved, then said Company
shall refund to the Town the full amount of the unearned money on a pro-rata basis per day of
failure to provide service.
2. Fire Company Duties.
The Fire Company shall:
A. Be and remain duly incorporated and qualified under §501(c)(3) of the United States
Internal Revenue Code.
B. At all times during the period of this Agreement, maintain and provide adequate and
suitable apparatus, appliances and equipment, hereafter referred to generally as
(2)
equipment meeting applicable National Fire Protection Association (NFPA) standards
for the condition and capabilities of such equipment, as those capabilities apply to the
intended use, and that 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 chartered area of the Fire Company.
C. The Fire Company shall at least annually test any dry hydrants located within the Fire
Company's chartered area. The Fire Company shall provide the Town with an inventory
of dry hydrants within its chartered area (including their locations) by August 31 St of
each year of this Agreement. If the Fire Company wishes to request the Town's
assistance for repairs, the Fire Company shall promptly notify the Town Supervisor in
writing,and the.Town may provide that assistance.
D. When notified by an alarm or telephone call from any person of any fire within the said
chartered area of the Fire Company, the Fire Company shall respond to the fire or other
emergency without delay with all of the Fire Company's equipment and resources that
may be necessary and suitable for the control of said fire or emergency, and the saving
of life and property.
E. The Fire Company shall, when needed and called by any officer of any Fire Company
within the Fire Protection District of the Town of Queensbury, respond with all
equipment and use all of the Fire Company's resources required in the officer's
discretion to extinguish and control the fire and to save life and property anywhere
within the Town of Queensbury. When the Fire Company is called and attending a fire
or incident outside of the Fire Company's chartered area, the proper officers of the Fire
Company within the chartered area where the fire occurs, are to have full control and
charge of the fire or incident or any necessary work or procedure in connection with the
fire or incident, and the Fire Company is not to be charged with any neglect or liability
because of the acceptance of orders or directions of the officer in charge of the incident
or in fighting the fire or emergency or because of impassable roads or other conditions
(3)
that make it unreasonable to transport firefighting equipment to the scene of the incident
or emergency.
F. The Fire Company may respond to calls for mutual aid assistance under terms and
conditions of the New York State Mutual Aid Law.
G. Notwithstanding anything to the contrary herein, nothing in this Agreement shall be
deemed to prevent the Fire Company from participating in conventions, parades,
meetings,and schools of instruction,both within and without the Town of Queensbury.
H. Use the monies received from the Town in accordance with this Agreement for only the
following purposes and subject to the following conditions:
(1) The monies provided in accordance with this Agreement shall be used in
accordance with the budget that has been submitted by the Fire Company,
attached as Exhibit A and incorporated herein for all purposes. The Fire
Company may move funds as necessary between expense categories within the
operating expenses; however, the Fire Company cannot move funds as
necessary between the two categories of expenses listed on Exhibit A.
(2) Notwithstanding anything provided in the budget, it is agreed that none of the
Town funds shall be used for purposes of the payment of banquets or awards,
fund raising activities, clothing not used for fire-fighting purposes,
compensation or reimbursement for the purchase of telephones by members,
wear and tear on members' personal vehicles or personal equipment such as
computers or telephones used in connection with Fire Company activities,
associated expenses or payment of compensation to any officers or other
members of the Fire Companies, except that these restrictions shall not prohibit
reimbursing members for telephone calls, food and beverage,and other business
expenses related to the Fire Company purposes.
(4)
(3) Notwithstanding anything herein to the contrary, the monies set forth in the
budget for purposes of accumulation each year towards the purchase of vehicles
or other apparatus authorized by said budget account line, shall be continuously
retained by the Fire Company and maintained in a separate fund and the Fire
Company shall account for such monies in each annual audited financial report.
All interest earned on such funds shall be credited toward and maintained in the
vehicle/equipment purchase fund and restricted as above. Any expenditure from
the vehicle fund is subject to prior approval by the Town Board after reasonable
justification by the Fire Company. In the event that this Agreement is not
renewed,this money shall be used to offset any debt owed by the Fire Company.
If the Fire Company has no debt,vehicle and equipment reserve monies shall be
returned to the Town.
(4) The Fire Company shall mail and/or personally deliver the documents identified
below,.in acceptable form, to the Town's Budget Officer each year of this
Agreement or any extension thereof as follows:
a) By June 25th, an annual audited financial report of the previous year in the
format prescribed by the Town prepared on an accrual basis by a Certified
Public Accountant engaged by the Town. Company will not be held
responsible for forwarding report after June 25th if they have complied with
the timeline to be set forth in the agreement with the firm to be chosen.
Such report shall verify the Fire Company's qualification under 501(c)(3) of
the United States Internal Revenue Code and shall include statements of all
revenues regardless of source and all expenditures regardless of purpose,
with specific schedules of expenditures of Town funds. The Fire Company
shall be entitled to receive a copy of the proposed Agreement between the
Town and the Certified Public Accountant. A copy of any management
letter issued by the auditor shall also be provided. It is specifically
(5)
understood that the requirement for the Fire Company to provide a complete
fmancial report of all revenues and expenditures is to conform with prudent
financial disclosure and public accountability. It is not intended that money
received from fundraising, grants, bequeaths and other non-Town sources
will be applied to expenses for which the Town has agreed to pay within the
approved budgets.
b) By July 15th, an annual update of the Fire Company's five (5) year capital
plan that forecasts future capital needs and expenditures, including
anticipated vehicles, equipment, tools, other apparatus, facilities or
improvements to facilities to be used for thematic purposes.
c) On July 15th of the final year of this Agreement,a budget for each respective
year of the proposed, subsequent Agreement.
d) By March 31St, a summary of Fire Company Members' Service Award
Credits for the previous year. The Town, specifically including the Town's
Budget Officer, shall be provided detailed records of such Service Award
Credits upon written request within 10 business days of such written request.
e) Prior to the expiration of the previous insurance policies, the Fire Company
will provide copies of insurance certificates specified in Paragraph 8 of this
Agreement.
(5) Notwithstanding any provision of this Agreement, at any time that the Fire
Company is in default of the documentation requirements of this Paragraph:
a) The Town may defer any payments due to the Fire Company under this
Agreement until the default is cured;and
(6)
b) The Town shall not commence contract renewal negotiations with the
Fire Company.
c) In the event that a payment is deferred because of non-compliance with
reporting requirements, the Fire Company may appeal to the Town
Board for a partial or full payment of amounts otherwise due by
providing an explanation of extenuating circumstances.
(6) Fire Company books and records shall be subject to an independent audit by a
Certified Public Accountant selected by the Queensbury Town Board and paid
for by the Town at such times as the Town Board shall determine appropriate.
3. Town's Responsibility to Pay.
The Town agrees to:
A. Pay to the Fire Company and the Fire Company agrees to accept$921 733 for the year
2024 for furnishing fire protection in accordance with the terms of this Agreement.
B. Pay the following sums:
(1) 35%in first audit of 2024 following full execution of the agreement;
(2) 25%upon delivery of audit documents to the Town or Auditor(no later than 3/31);
(3) 20% upon receipt of audit and management letter from auditors (no later than June
25);
(4) 20% upon receipt of an acceptable response from the Fire Company addressing
remedies/corrective actions for audit fmdings;
(7)
(5) In an ideal situation, the 3`d and 4th payments listed above could be made
simultaneously, provided the audit is clean and no fmdings are listed in the
management letter;
(6) If the Fire Company's insurance increases by more than four-percent (4%) in
2024, the Town is willing to negotiate this Agreement concerning the cost of such
increase.
4. Term.
This Agreement shall be for a one(1)year period beginning January 1,2024 and continuing
through December 31,2024. The parties intend to open negotiations for a future agreement at least
45 days prior to expiration of this Agreement
5. Restrictions on Purchase,Sale,Use or Disposition of Fire Company Assets.
A. The Fire Company agrees not to purchase or to enter into any binding contract to incur
debt of any amount or to purchase any piece of apparatus, equipment, vehicles, real
property, or make any improvements thereon with a value of$80,000,$59 80 or more,
without prior approval by Resolution of the Queensbury Town Board. As part of the
approval process, the Fire Company will be expected to show financial responsibility
and ability to maintain a responsible debt level. It is understood and agreed that such
approval will not be interpreted as any agreement by the Town to assume responsibility
or liability for payment or guarantee or assure payment for such apparatus, equipment,
real property or improvement thereon, or debt. With respect to any improvements or
non-emergency repairs costing $8,000 _ 88A or more, the Fire Company agrees to
solicit three written quotes and document the costs.
(8)
B. The Fire Company agrees not to sell, give, or otherwise dispose of any vehicle,
equipment,machine, or other apparatus acquired by or through the use of funds received
from the Town by reason of this Agreement, or any prior agreement, without prior
notification of the Town Board and except through or by way of, sale or conveyance to
the highest bidder following an advertised auction or solicitation of bids or transfer to
another emergency service funded by the Town of Queensbury. However, this
provision shall not prohibit vehicle/equipment trade-ins or transfers to another Town of
Queensbury Fire Company or Emergency Squad, nor shall it prohibit the Fire Company
from donating personnel equipment such as replaced turn-out gear to other Fire
Companies or Rescue Squads when replacing such equipment in accordance with a
normal replacement schedule. In addataon,ahe(above not f cation provision shall;not
apply to`the sale of equipment havwg a value of less than $8,000
C. In the purchase or sale of apparatus, equipment, vehicles or real property, or the making
of improvements, the Fire Company shall make every effort to avoid any conflict of
interest. The Fire Company shall not purchase such things from or sell such things to a
"related party" unless the Fire Company's Board of Directors (excluding any "related
party")approves such purchase or sale. A"related party"shall be:
(1) any member of the Fire Company or his/her family; or
(2) any business where any member of the Fire Company or his/her family,
directly or indirectly, work,receive financial remuneration or own part or all
of such business. For the purposes of this provision, "family" shall include
spouse,children,parents or siblings.
D. In recognition that the payment made by the.Town in accordance with this Agreement
constitutes nearly the entire budget of the Fire Company and the long-standing support
of the Fire Company by the Town, the Fire Company agrees: (1) that in the event of
dissolution or cessation of operation of the Fire Company during the term of this
(9)
Agreement,all assets of the Fire Company remaining after the payment of its debts shall
be distributed to the Town to be used for purposes substantially similar to those of the
Fire Company; and (2) that the Fire Company shall not sell, lease, convey, give or
otherwise transfer any real property without a prior Resolution of the Town Board
approving the transfer.
E. The Fire Company agrees to utilize purchasing guidelines as set forth and contained
herein as Exhibit B or Company policy submitted and agreed to by the Town Budget
Officer.
F. Use of vehicles tand apparatus shod ff ,ul be restricted rto o ieial:uses as determined by
�, a�n rr ... -: ^moo-n..a.y-y r � k� t i �,S 3� 5Fc yr- �'�' fy � .�e
the Fire Company Onlyauthorized occupants pursuing offcial purposes or duties
Oft the Fire Company$are alloweds rto use`JFire "Company,,!vehicles Such"Fire
Company authorized occupants may use$ FirCompany; hacles#and„apparatus
while pursuing authorized duties t.thex Fire Company and.;pi a Board-approved
activities, such,as attendang3off cial,ceremonies lake parades or;other activitieskthat
have a direct relationship to offcial activities li%additaon wth�e Fire Company s
Board may authorize the'use of a Fire Com,par y vehicle for">travel between his/her
offcial domicile Kor Iob trite and emergency r incidents inyrorder to ensurer rapid
li
response and expediently respond to,emergency situations.
6. Fire Company Awards Program Records.
The Fire Company is hereby required to keep, maintain and allow inspection by the
Queensbury Town Supervisor, Town Board and Town Budget Officer, certain records relating to
recordation and accumulation of points'by Volunteer Fire Fighters participating in the Volunteer
Firemen Awards Program established previously by Local Law following approval of the voters at
a referendum. The Fire Company shall keep all records that are required by such Local Law and the
records shall be provided and certified to the Town Board at such times and in such form as may be
prescribed by the Town Board not later than March 31st of each year, or not later than 30 days after
a written request has been made. (Reference is hereby made to Chapter 16 of the Queensbury
(10)
Town Code).
7. Unforeseen Events.
The Town agrees that in the case of an unforeseen,justifiable event which has the effect of
substantially impairing or reducing the capability of the Fire Company to carry out its duties of fire
protection, the Town will entertain reasonable requests or applications for additional fmancial aid
or assistance to the Fire Company to alleviate or eliminate the condition. It is understood,however,
that the Town, by agreeing to entertain any such applications or requests, does not hereby in any
respect make any representation, commitment or guarantee that additional funds or aid will be
provided to the Fire Company by the Town or that the same are permitted under law.
8. Fire Company Insurance Requirements.
The Fire Company shall provide all insurance coverage required in the performance of this
Agreement and the Town shall be in no respect liable for any act or omission of the Fire Company,
its members,employees, servants,or agents.
Appropriate liability insurance shall be obtained by and/or on behalf of the Fire Company as
further set forth below. Such insurance shall be procured from an insurance company licensed to
do business in New York State. The Fire Company shall provide the Town with a copy of
Certificate of Insurance demonstrating at least the following coverage:
A. $1,000,000 combined single limit liability coverage, per occurrence, for Business Auto
with a$2,000,000 Umbrella Policy;and
B. $1,000,000 Combined Single Limit Liability Coverage per occurrence for General
Liability Coverage with a $3,000,000 General Aggregate and $3,000,000 Product and
Completed Operation Aggregate.
(11)
C. Building Casualty Coverage equal to replacement value.
D. Vehicle Casualty and Collision Coverage equal to replacement value.
Umbrella Coverage may be used to satisfy the required limits. The Certificate of Insurance
shall name the Town as additional insured and provide for thirty (30) days written notice to the
Town of any cancellation.
9. Access.
The Fire Company agrees that the Town Board, its employees, agents, servants and assigns
shall, within ten (10) days of written request, have access to any and all Fire Company owned
buildings and real property for purposes of inspecting and evaluating the buildings, property,
vehicles,equipment,tools and other apparatus.
10. Agreement Not Assignable.
This Agreement and any and all duties, responsibilities, rights and benefits accruing under
this Agreement may not be assigned or delegated without the written consent of the Town of
Queensbury, which consent shall be entirely within the Town's discretion. The intent of this
paragraph is not to prohibit temporary coverage by a neighboring Fire Company under unusual
circumstances that may occur from time to time.
11. Notices.
All notices, requests, demands and other communications hereunder shall be in writing and
shall be deemed to have been duly given if delivered in person or mailed certified mail return
receipt requested,to the Town,Fire Company or their respective officers.
12. Counterparts.
(12)
This Agreement may be executed simultaneously in two or more counterparts, each of
which shall be deemed an original but all of which constitute one and the same instrument.
13. Severability.
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 void parts were deleted.
14. Modification by Writing Only; New York State Law; Venue; Captions.
No waiver of or modification to any provisions of this Agreement shall be valid unless in
writing and signed by an authorized representative of the party against whom charged. This
Agreement shall be construed in accordance with New York State Law. Venue for any action
concerning this Agreement shall be Warren County. Captions have been added for convenience
only and are not to be determinative in the interpretation or construction of this Agreement.
15. Successor Agreement.
In the event that this Agreement expires before the next Fire Company Agreement can be
negotiated,the Town and Fire Company agree that the terms and provisions of this Agreement may,
by agreement of the parties, remain in full force and effect during the interim period pending
execution of a new agreement. During this interim period,the Town Supervisor may, if so directed
by the Town Board, approve monthly vouchers limited to 1/12th of the Fire Company's previous
year's budget.
IN WITNESS WHEREOF,the parties hereto have signed and executed this Agreement as
(13)
•
of the date first written above.
TOWN OF QUEENSBURY QUEENSBURY CENTRAL
VOLUNTEER FIRE
COMPANY, INC.
BY: BY:
JOHN F. STROUGH, III
TOWN SUPERVISOR PRESIDENT
STATE OF NEW YORK)
ss.:
COUNTY OF WARREN)
On this day of in the year 202_ before me, the undersigned, a notary
public in and for said state, personally appeared JOHN F. STROUGH, III, personally known to
me or proved to me on the basis of satisfactory evidence to be the individual whose name is
subscribed to the within instrument and acknowledged to me that he executed the same in his
capacity, and that by his 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)
ss.:
COUNTY OF WARREN)
On this day of in the year 202_ before me, the undersigned, a notary
public in and for said state, personally appeared , personally known to me or
proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to
the within instrument and acknowledged to me that he executed the same in his capacity, and that
by his signature on the instrument,the individual or the person upon behalf of which the individual
acted,executed the instrument.
Notary Public
(14)
•
EXIIIBIT A
FIRE COMPANY BUDGET
2024 •
1Vlantenarce,�Operations,Insurance ' `� r '$633 940
CapitalxProjects and,A_ pparatus
Replacement
Debit Service 1,T^ . 1' '._Ai `4'L n 1 :0:$71793.
(15)
EXHIBIT B
Town of Queensbury
Fire and EMS Purchasing Guidelines
This Purchasing Policy for the Volunteer Fire Companies and EMS Squads currently under contract
with the Town of Queensbury is intended to assure economical use of public funds, facilitate the
acquisition of goods and services of optimum quality at the lowest price and guard against
favoritism,extravagance,fraud and corruption.
Types of Purchases
There are two basic types of purchase contracts:
• Purchase Contracts — involve the acquisition of commodities, materials, supplies or
equipment
• Contracts for Public Work—generally involve services,labor or construction
Many times a contract may involve both types. As a general rule, if a contract is predominantly for
services and the acquisition of goods is incidental, then it will be considered a Contract for Public
Work.
Aggregate purchases over POP, $5000 for purchase contracts (those involving the acquisition of
commodities, materials, supplies or equipment) or over59845000 for public works contracts
(those involving services, labor or construction) will require three (3) quotes. The contract will be
awarded to the lowest responsible bidder/quote (vendor submitting the lowest bid or price quote
that meets all product specifications). All related party (current officers, board members, members
in general) contracts (purchase and public works) would require•approval of the majority of each
company's/squad's Board of Directors. All IRS guidelines will be followed for the issuance of
1099's for those vendors meeting IRS stipulations.
(16)
AGREEMENTS\Fire&Rescue\West Glens Falls Fire—2024
•
AGREEMENT
THIS AGREEMENT, made as of the 1st day of January, 2024 between THE TOWN
BOARD OF THE TOWN OF QUEENSBURY, acting for and on behalf of the Town of
Queensbury, a municipal corporation situated in the County of Warren and State of New York
(hereinafter referred to as the "TOWN"), and the WEST GLENS FALLS VOLUNTEER FIRE
COMPANY, INC., a New York Not-for-Profit Corporation, located in the Town of Queensbury,
Warren County,New York(hereinafter referred to as the "FIRE COMPANY").
WITNESSETH, that
WHEREAS, there has been duly established in the Town a Fire Protection District
encompassing all of the geographical territory of said Town, and the Town has provided for its fire
protection by contracting with five volunteer fire companies in the Town,and
WHEREAS, the purpose of this Agreement with the Fire Company is to provide volunteer
fire protection services in the Fire Company's chartered area and other areas on a mutual aid basis
for one(1)year through December 31,2024,and
WHEREAS,the Queensbury Town Board(Town Board), after conducting a public hearing
in accordance with New York State Town Law §184, duly adopted a Resolution authorizing this
Agreement for fire protection on behalf of the Fire Protection District with the Fire Company upon
the following terms and conditions:
NOW, THEREFORE, for and in consideration of the covenants and agreements herein
contained, the Town does by this Agreement engage the Fire Company to furnish fire protection to
the Fire Protection District and the Fire Company agrees to furnish fire protection for the district in
the following manner:
1. Fire Company to Use Best Efforts to Perform Duties; Failure to Perform.
The Fire Company covenants and agrees that it will use its best efforts at all times to control
and extinguish any fire or emergency causing damage in the Fire Protection District. This
Agreement is not to be cancelled, revoked or terminated by either party within the term of this
Agreement unless it is proven that one party or the other has been willfully negligent and neglectful
with respect to any of the Agreement's terms or provisions.
It is further agreed between the parties that if the Fire Company shall fail to respond to any
alarm and fulfill and perform its duties and obligations at any time during the duration of this
Agreement for a period of 30 days and without a reasonable explanation, 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 one or more of the other Fire Companies located in the Town for furnishing fire
protection to the chartered area of the Fire Company, all or any part of the monies due or to become
due under this Agreement for the period for which such service is to be rendered. In the event that
monies have already been paid to the Fire Company for the period involved, then said Company
shall refund to the Town the full amount of the unearned money on a pro-rata basis per day of
failure to provide service.
2. Fire Company Duties.
The Fire Company shall:
A. Be and remain duly incorporated and qualified under §501(c)(3) of the United States
Internal Revenue Code.
B. At all times during the period of this Agreement, maintain and provide adequate and
(2)
November 30,2023
suitable apparatus, appliances and equipment, hereafter referred to generally as
equipment meeting applicable National Fire Protection Association (NFPA) standards
for the condition and capabilities of such equipment, as those capabilities apply to the
intended use, and that 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 chartered area of the Fire Company.
C. The Fire Company shall at least annually test any dry hydrants located within the Fire
Company's chartered area. The Fire Company shall provide the Town with an inventory
of dry hydrants within its chartered area (including their locations) by August 31 Si of
each year of this Agreement. If the Fire Company wishes to request the Town's
assistance for repairs, the Fire Company shall promptly notify the Town Supervisor in
writing, and the Town may provide that assistance.
D. When notified by an alarm or telephone call from any person of any fire within the said
chartered area of the Fire Company, the Fire Company shall respond to the fire or other
emergency without delay with all of the Fire Company's equipment and resources that
may be necessary and suitable for the control of said fire or emergency, and the saving
of life and property.
E. The Fire Company shall, when needed and called by any officer of any Fire Company
within the Fire Protection District of the Town of Queensbury, respond with all
equipment and use all of the Fire Company's resources required in the officer's
discretion to extinguish and control the fire and to save life and property anywhere
within the Town of Queensbury. When the Fire Company is called and attending a fire
or incident outside of the Fire Company's chartered area, the proper officers of the Fire
Company within the chartered area where the fire occurs, are to have full control and
charge of the fire or incident or any necessary work or procedure in connection with the
fire or incident, and the Fire Company is not to be charged with any neglect or liability
because of the acceptance of orders or directions of the officer in charge of the incident
(3)
November 30,2023
or in fighting the fire or emergency or because of impassable roads or other conditions
that make it unreasonable to transport firefighting equipment to the scene of the incident
or emergency.
F. The Fire Company may respond to calls for mutual aid assistance under terms and
conditions of the New York State Mutual Aid Law.
G. Notwithstanding anything to the contrary herein, nothing in this Agreement shall be
deemed to prevent the Fire Company from participating in conventions, parades,
meetings,and schools of instruction,both within and without the Town of Queensbury.
H. Use the monies received from the Town in accordance with this Agreement for only the
following purposes and subject to the following conditions:
(1) The monies provided in accordance with this Agreement shall be used in
accordance with the budget that has been submitted by the Fire Company,
attached as Exhibit A and incorporated herein for all purposes. The Fire
Company may move funds as necessary between expense categories within the
operating expenses; however, the Fire Company cannot move funds as
necessary between the two categories of expenses listed on Exhibit A.
(2) Notwithstanding anything provided in the budget, it is agreed that none of the
Town funds shall be used for purposes of the payment of banquets or awards,
fund raising activities, clothing not used for fire-fighting purposes,
compensation or reimbursement for the purchase of telephones by members,
wear and tear on members' personal vehicles or personal equipment such as
computers or telephones used in connection with Fire Company activities,
associated expenses or payment of compensation to any officers or other
members of the Fire Companies, except that these restrictions shall not prohibit
reimbursing members for telephone calls, food and beverage, and other business
(4)
November 30,2023
expenses related to the Fire Company purposes.
(3) Notwithstanding anything herein to the contrary, the monies set forth in the
budget for purposes of accumulation each year towards the purchase of vehicles
or other apparatus authorized by said budget account line, shall be continuously
retained by the Fire Company and maintained in a separate fund and the Fire
Company shall account for such monies in each annual audited financial report.
All interest earned on such funds shall be credited toward and maintained in the
vehicle/equipment purchase fund and restricted as above. Any expenditure from
the vehicle fund is subject to prior approval by the Town Board after reasonable
justification by the Fire Company. In the event that this Agreement is not
renewed,this money shall be used to offset any debt owed by the Fire Company.
If the Fire Company has no debt,vehicle and equipment reserve monies shall be
returned to the Town.
(4) The Fire Company shall mail and/or personally deliver the documents identified
below, in acceptable form, to the Town's Budget Officer each year of this
Agreement or any extension thereof as follows:
a) By June 25th, an annual audited financial report of the previous year in the
format prescribed by the Town prepared on an accrual basis by a Certified
Public Accountant engaged by the Town. Company will not be held
responsible for forwarding report after June 25th if they have complied with
the timeline to be set forth in the agreement with the firm to be chosen.
Such report shall verify the Fire Company's qualification under 501(c)(3) of
the United States Internal Revenue Code and shall include statements of all
revenues regardless of source and all expenditures regardless of purpose,
with specific schedules of expenditures of Town funds. The Fire Company
shall be entitled to receive a copy of the proposed Agreement between the
Town and the Certified Public Accountant. A copy of any management
(5)
November 30,2023
letter issued by the auditor shall also be provided. It is specifically
understood that the requirement for the Fire Company to provide a complete
financial report of all revenues and expenditures is to conform with prudent
financial disclosure and public accountability. It is not intended that money
received from fundraising, grants, bequeaths and other non-Town sources
will be applied to expenses for which the Town has agreed to pay within the
approved budgets.
b) By July 15th, an annual update of the Fire Company's five (5) year capital
plan that forecasts future capital needs and expenditures, including
anticipated vehicles, equipment, tools, other apparatus, facilities or
improvements to facilities to be used for firematic purposes.
c) On July 15th of the final year of this Agreement, a budget for each respective
year of the proposed, subsequent Agreement.
d) By March 31st, a summary of Fire Company Members' Service Award
Credits for the previous year. The Town, specifically including the Town's
Budget Officer, shall be provided detailed records of such Service Award
Credits upon written request within 10 business days of such written request.
e) Prior to the expiration of the previous insurance policies, the Fire Company
will provide copies of insurance certificates specified in Paragraph 8 of this
Agreement.
(5) Notwithstanding any provision of this Agreement, at any time that the Fire
Company is in default of the documentation requirements of this Paragraph:
a) The Town may defer any payments due to the Fire Company under this
Agreement until the default is cured; and
(6)
November 30,2023
b) The Town shall not commence contract renewal negotiations with the
Fire Company.
c) In the event that a payment is deferred because of non-compliance with
reporting requirements, the Fire Company may appeal to the Town
Board for a partial or full payment of amounts otherwise due by
providing an explanation of extenuating circumstances.
(6) Fire Company books and records shall be subject to an independent audit by a
Certified Public Accountant selected by the Queensbury Town Board and paid
for by the Town at such times as the Town Board shall determine appropriate.
3. Town's Responsibility to Pay.
The Town agrees to:
A. Pay to the Fire Company and the Fire Company agrees to accept$ff051 for the year
2024 for furnishing fire protection in accordance with the terms of this Agreement.
B. Pay the following sums:
(1) 35%in first audit of 2024 following full execution of the agreement;
(2) 25%upon delivery of audit documents to the Town or Auditor(no later than 3/31);
(3) 20% upon receipt of audit and management letter from auditors (no later than June
25);
(4) 20% upon receipt of an acceptable response from the Fire Company addressing
(7)
November 30,2023
remedies/corrective actions for audit findings;
(5) In an ideal situation, the 3`d and 4th payments listed above could be made
simultaneously, provided the audit is clean and no fmdings are listed in the
management letter;
(6) If the Fire Company's insurance increases by more than four-percent (4%) in
2024, the Town is willing to negotiate this Agreement concerning the cost of such
increase.
4. Term.
This Agreement shall be for a one (1)year period beginning January 1,2024 and continuing
through Decerntier 3j,'2024. The parties intend to open negotiations for a future agreement at least
45 days prior to expiration of this Agreement
5. Restrictions on Purchase,Sale, or Disposition of Fire Company Assets.
A. The Fire Company agrees not to purchase or to enter into any binding contract to incur
debt of any amount or to purchase any piece of apparatus, equipment, vehicles, real
property, or make any improvements thereon with a value of'$80,000 0O,000 or more,
without prior approval by Resolution of the Queensbury Town Board. As part of the
approval process, the Fire Company will be expected to show financial responsibility
and ability to maintain a responsible debt level. It is understood and agreed that such
approval will not be interpreted as any agreement by the Town to assume responsibility
or liability for payment or guarantee or assure payment for such apparatus, equipment,
real property or improvement thereon, or debt. With respect to any improvements or -
non-emergency repairs costing $8,u000_,a`A _ 9,0,9 or more, the Fire Company agrees to
solicit three written quotes and document the costs.
(8)
November 30,2023
B. The Fire Company agrees not to sell, give, or otherwise dispose of any vehicle,
equipment,machine, or other apparatus acquired by or through the use of funds received
from the Town by reason of this Agreement, or any prior agreement, without prior
notification of the Town Board and except through or by way of, sale or conveyance to
the highest bidder following an advertised auction or solicitation of bids or transfer to
another emergency service funded by the Town of Queensbury. However, this
provision shall not prohibit vehicle/equipment trade-ins or transfers to another Town of
Queensbury Fire Company or Emergency Squad, nor shall it prohibit the Fire Company
from donating personnel equipment such as replaced turn-out gear to other Fire
Companies or Rescue Squads when replacing such equipment in accordance with a
normal replacement schedule. i n addztcon,fthe::above notfcakon provision*Ott not
apply3}to thesale_of equipment j,aycngha value,gf less thanPAPA'
C. In the purchase or sale of apparatus, equipment, vehicles or real property, or the making
of improvements, the Fire Company shall make every effort to avoid any conflict of
interest. The Fire Company shall not purchase such things from or sell such things to a
"related party" unless the Fire Company's Board of Directors (excluding any "related
party")approves such purchase or sale. A"related party"shall be:
(1) any member of the Fire Company or his/her family; or
(2) any business where any member of the Fire Company or his/her family,
directly or indirectly,work, receive financial remuneration or own part or all
of such business. For the purposes of this provision, "family" shall include
spouse,children,parents or siblings.
D. In recognition that the payment made by the Town in accordance with this Agreement
constitutes nearly the entire budget of the Fire Company and the long-standing support
of the Fire Company by the Town, the Fire Company agrees: (1) that in the event of
dissolution or cessation of operation of the Fire Company during the term of this
(9)
November 30,2023
Agreement, all assets of the Fire Company remaining after the payment of its debts shall
be distributed to the Town to be used for purposes substantially similar to those of the
Fire Company; and (2) that the Fire Company shall not sell, lease, convey, give or
otherwise transfer any real property without a prior Resolution of the Town Board
approving the transfer.
E. The Fire Company agrees to utilize purchasing guidelines as set forth and contained
herein as Exhibit B or Company policy submitted and agreed to by the Town Budget
Officer.
F. 'Use of vehicles_and1 pparatus should be restricted to;offacaahuses as de[ermyned by
the`Fare CompanyOnly authorized�occ_upants pursuing off cral purposes or duties
of the a FireJCompany are allowed"'to use s Fire`'Coynpany vehicles Such Fire
Coynpeiii.authorized occupantsmay�use:Fire'CO: parry vehicles iln apparatus
whale pursuang,authorazetl dutces▪of the�,Fice iCompahy:ai d4pre Board approved
achvitaes such,as a 001: g offeial ce1**Ales like parades or other achyataes that
have ;a direct.relntionshapa toyPo icaa• l f activities ., In addition, the'Fare yCompany s
Board may_aaithorize 2ke 7use of a Fare Company vehicle for travel between his/h�e
official i domicile or.,ob'site_and emergencyetncidents mZorder to ensure rapid
responsean4exped1en6respond to emergency siluaftons
6. Fire Company Awards Program Records.
The Fire Company is hereby required to keep, maintain and allow inspection by the
Queensbury Town Supervisor, Town Board and Town Budget Officer, certain records relating to
recordation and accumulation of points by Volunteer Fire Fighters participating in the Volunteer
Firemen Awards Program established previously by Local Law following approval of the voters at
a referendum. The Fire Company shall keep all records that are required by such Local Law and the
records shall be provided and certified to the Town Board at such times and in such form as may be
prescribed by the Town Board not later than March 31'of each year, or not later than 30 days after
(10)
November 30,2023
a written request has been made. (Reference is hereby made to Chapter 16 of the Queensbury
Town Code).
7. Unforeseen Events.
The Town agrees that in the case of an unforeseen,justifiable event which has the effect of
substantially impairing or reducing the capability of the Fire Company to carry out its duties of fire
protection, the Town will entertain reasonable requests or applications for additional financial aid
or assistance to the Fire Company to alleviate or eliminate the condition. It is understood,however,
that the Town, by agreeing to entertain any such applications or requests, does not hereby in any
respect make any representation, commitment or guarantee that additional funds or aid will be
provided to the Fire Company by the Town or that the same are permitted under law.
8. Fire Company Insurance Requirements.
The Fire Company shall provide all insurance coverage required in the performance of this
Agreement and the Town shall be in no respect liable for any act or omission of the Fire Company,
its members,employees, servants,or agents.
Appropriate liability insurance shall be obtained by and/or on behalf of the Fire Company as
further set forth below. Such insurance shall be procured from an insurance company licensed to
do business in New York State. The Fire Company shall provide the Town with a copy of
Certificate of Insurance demonstrating at least the following coverage:
A. $1,000,000 combined single limit liability coverage, per occurrence, for Business Auto
with a$2,000,000 Umbrella Policy; and
B. $1,000,000 Combined Single Limit Liability Coverage per occurrence for General
Liability Coverage with a $3,000,000 General Aggregate and $3,000,000 Product and
Completed Operation Aggregate.
(11)
November 30,2023 "
C. Building Casualty Coverage equal to replacement value.
D. Vehicle Casualty and Collision Coverage equal to replacement value.
Umbrella Coverage may be used to satisfy the required limits. The Certificate of Insurance
shall name the Town as additional insured and provide for thirty (30) days written notice to the
Town of any cancellation.
9. Access.
The Fire Company agrees that the Town Board, its employees, agents, servants and assigns
shall, within ten (10) days of written request, have access to any and all Fire Company owned
buildings'and real property for purposes of inspecting and evaluating the buildings, property,
vehicles,equipment,tools and other apparatus.
10. Agreement Not Assignable.
This Agreement and any and all duties, responsibilities, rights and benefits accruing under
this Agreement may not be assigned or delegated without the written consent of the Town of
Queensbury, which consent shall be entirely within the Town's discretion. The intent of this
paragraph is not to prohibit temporary coverage by a neighboring Fire Company under unusual
circumstances that may occur from time to time.
11. Notices.
All notices, requests, demands and other communications hereunder shall be in writing and
shall be deemed to have been duly given if delivered in person or mailed certified mail return
receipt requested,to the Town,Fire Company or their respective officers.
(12)
November 30,2023
12. Counterparts.
This Agreement may be executed simultaneously in two or more counterparts, each of
which shall be deemed an original but all of which constitute one and the same instrument.
13. Severability.
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 void parts were deleted.
14. Modification by Writing Only; New York State Law; Venue; Captions.
No waiver of or modification to any provisions of this Agreement shall be valid unless in
writing and signed by an authorized representative of the party against whom charged. This
Agreement shall be construed in accordance with New York State Law. Venue for any action
concerning this Agreement shall be Warren County. Captions have been added for convenience
only and are not to be determinative in the interpretation or construction of this Agreement.
15. Successor Agreement.
In the event that this Agreement expires before the next Fire Company Agreement can be
negotiated,the Town and Fire Company agree that the terms and provisions of this Agreement may,
by agreement of the parties, remain in full force and effect during the interim period pending
execution of a new agreement. During this interim period,the Town Supervisor may,if so directed
by the Town Board/approve monthly vouchers limited to 1/12t' of the Fire Company's previous
year's budget.
IN WITNESS WHEREOF,the parties hereto have signed and executed this Agreement as
(13)
November 30,2023
of the date first written above.
TOWN OF QUEENSBURY WEST GLENS FALLS
VOLUNTEER FIRE CO., INC.
BY: BY:
JOHN F. STROUGH, III
TOWN SUPERVISOR PRESIDENT
STATE OF NEW YORK)
ss.:
COUNTY OF WARREN)
On this day of in the year 202 before me,the undersigned,a notary
public in and for said state, personally appeared JOHN F. STROUGH, III, personally known to
me or proved to me on the basis of satisfactory evidence to be the individual whose name is
subscribed to the within instrument and.acknowledged to me that he executed the same in his
capacity, and that by his 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)
ss.:
COUNTY OF WARREN)
On this day of in the year 202_ before me, the undersigned, a notary
public in and for said state, personally appeared ,personally known to me or
proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to
the within instrument and acknowledged to me that he executed the same in his capacity, and that
by his signature on the instrument,the individual or the person upon behalf of which the individual
acted,executed the instrument.
Notary Public
(14)
November 30,2023
•
•
•
EXHIBIT A
FIRE COMPANY BUDGET
2024
Maintenance, Operations,Insurance, „y ' s y,$479,951.
Capital'Projects.and A_pparatus
Replacement
TOTAL-- ---. _. ? ..," "`_. ._-_' .._ 6Q h G .,$776,351 •
•
•
•
•
(15) •
November 30,2023
EXHIBIT B
Town of Queensbury
Fire and EMS Purchasing Guidelines
This Purchasing Policy for the Volunteer Fire Companies and EMS Squads currently under contract
with the Town of Queensbury is intended to assure economical use of public funds, facilitate the
acquisition of goods and services of optimum quality at the lowest price and guard against
favoritism,extravagance,fraud and corruption.
Types of Purchases
There are two basic types of purchase contracts:
• Purchase Contracts — involve the acquisition of commodities, materials, supplies or
equipment
• Contracts for Public Work—generally involve services, labor or construction
Many times a contract may involve both types. As a general rule, if a contract is predominantly for
services and the acquisition of goods is incidental, then it will be considered a Contract for Public
Work.
Aggregate purchases over r 5O0',WOO, for purchase contracts (those involving the acquisition of
commodities, materials, supplies or equipment) or over $2,500 $5,000 for public works contracts
(those involving services, labor or construction) will require three (3) quotes. The contract will be
awarded to the lowest responsible bidder/quote (vendor submitting the lowest bid or price quote
that meets all product specifications). All related party(current officers, board members, members
in general) contracts (purchase and public works) would require approval of the majority of each
Company's/Squad's Board of Directors. All IRS guidelines will be followed for the issuance of
1099's for those vendors meeting IRS stipulations.
(16)
November 30,2023