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1.3 FIRE AND RESCUE\.South Queensbury Fire 2024 AMENDMENT Agreement—Change 1 Year Increase$-APPROVE—12-18-2023 RESOLUTION APPROVING AMENDED AGREEMENT FOR FIRE PROTECTION SERVICES BETWEEN TOWN OF QUEENSBURY AND SOUTH QUEENSBURY VOLUNTEER FIRE CO., INC. 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 Volunteer Fire Company and the Town, and WHEREAS, by Resolution No.: 267,2020, the Queensbury Town Board, on behalf of the Fire Protection District, authorized a five (5) year fire protection services Agreement with the South Queensbury Volunteer Fire Co., Inc., (Fire Company) for 2021 - 2025 dated January 1, 2016 (Primary Agreement), and WHEREAS, the Town and the Fire Company have negotiated terms for a 2024 Amendment Agreement for fire protection services to, among other things, amend the term of the Primary Agreement from a five (5) year period to a four (4) year period (or from 2021 —2024) and amend the amount paid by the Town to the Fire Company for the year 2024 as set forth in the proposed Amended Agreement presented at this meeting, and WHEREAS, in accordance with Town Law §184 and General Municipal Law §209(b), the Town Board conducted a public hearing on Monday, December 4t"and December 18t", 2023 and heard all interested persons concerning the proposed Amended Agreement, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board, on behalf of the Fire Protection District, hereby approves the 2024 Amended Agreement for fire protection services between the Town of Queensbury and the South Queensbury Volunteer Fire Co., Inc., and authorizes and directs the Town Supervisor to execute such Amended Agreement in substantially the form presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor and/or Budget Officer to take such other and further actions necessary to effectuate the terms of this Resolution. Duly adopted this 18t'day of December, 2023,by the following vote: AYES NOES ABSENT: Fire & Rescue\Amended ASmvrnent - South Qby Fire—Change to I Year for 2024 ONLY and Increase S and Minor Astrendments —Jan 2024 AMENDMENT AGREEMENT THIS AMENDMENT AGREEMENT CONTAINS PROVISIONS WHICH AMEND AND/OR MODIFY THE ORIGINAL FIRE PROTECTION SERVICES AGREEMENT (HEREINAFTER REFERRED TOAS THE "PRIMARYAGREEMENT') AUTHORIZED BY QVEENSBURY TOWN BOARD RESOLUTION NO.: 267,2020. IF ANY PROVISIONS CONTAINED IN THIS AGREEMENT .SHOULD CONFLICT WITH THE PRIMARY AGREEMENT FOR FIRE PROTECTION SERVICES, THE PROVISIONS OF THIS AGREEMENT SHALL BE CONTROLLING THIS .AMENDMENT AGREEMENT, made as of the 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 situate in the County of Warren and State of New York (hereinafter referred to as the "TOWN"), and the SOUTH QUEENS13LTRY 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"). WITNESSE'TH, that WHEREAS, by Resolution No.: 267,2020, the Town and the Fire Company entered into an Agreement for fire protection services (Primary Agreement) for a period of five (5) years begnu ung January 1 , 2021 and continuing through December 31 , 2025, and WHEREAS, the Town and Fire Company have negotiated terms for an Amendment Agreement for fire protection services to, among other things, amend the term of the Primary Agreement Morw= or from January 1 , 2021 and continuing through , '''3 and amend the amount paid by the Town to the Fire Company for the year , and WIMREAS, on Monday, December 4#', 2023, the Town Board duly held a public hearing concerning this Amendment Agreement, heard all interested persons and detained it necessary and in the public interest to authorize this Amendment Agreement, NOW, THEREFORE, for good and valuable consideration as set forth herein, the parties agree that this Amendment Agreement amends the Primary Agreement for Fire Protection Services, attached hereto as Exhibit C, as follows: 1 . Paragraph 3 "Town's Responsibility to Pay" — Amend Subparagraph A(d) as follows: IMMOINUMN as follows: 2. Paragraph 3 "Town', Responsibility to Pay" - Amend Subparagraph B(1) as follows: "35% in first audit of 2021/2022/2023/2024= following full execution of the agreement" and amend Subparagraph B(6) as follows: "If the Fire Company's insurance increases by more than ISE= in 2021, 2022, 2023 , the Town is willing to negotiate this Agreement concerning the cost of such increase." 3. Paragraph 4 "Term" - Amend as follows: "This Agreement shall be for a period of five (5 four (4) years beginning January 1 , 2021 and continuing through ORMOM The parties intend to open negotiations for a future agreement at least 45 days prior to expiration of this Agreement." 4. The title of Paragraph 5 "Restrictions on Purchase, Sale or Disposition of Fire Company Assets", is amended to read "Restrictions on Purchase, Sale, W or Disposition of Fire Company Assets" and such paragraph will be amended at Subsections A and B and a new Subsection F will be added as follows: A. The Fire Company agrees not to purchase or to enter into any binding contract to incur (2) debt of any amount or to purchase any piece of apparatus, equipment, vehicles, real property, or make any improvements thereon with a value of " 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 5 or more, the Fire Company agrees to solicit three writtenn quotes and document the costs. 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. RPIPMEOMM Amend the dollar amounts for and as set forth in the attached Exhibit A. (3) 6. Exhibit B "Town of Queensbury Fire and EMS Purchasing Guidelines" — Amend . ' I�AIl !' as set forth in the attached Exhibit B. 7. Other than as set forth in this Amendment Agreement, no waiver of or modification to any provisions of this Amendment Agreement or the Primary Agreement for Fire Protection Services shall be valid unless in writing and signed by authorized representatives of the parties. IN WITNESS WHEREOF, the parties hereto have signed and executed this Agreement as of the I' day of January, 2024. TOWN OF QUEENSBURY SOUTH QUEENSBURY VOLUNTEER FIRE COMPANY, INC. BY: BY: -------------------- JOHN F. STROUGH, III TOWN SUPERVISOR PRESIDENT STATE OF NEW YORK ) ssa COUNTY OF WARREN ) On this day of , in the year 20 before me, the undersigned, a notary public in and for said state, personally appeared JOHN F. STROUGR a 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.s COUNTY OF WARREN ) On this day of , in the year 20_ 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 (4) EXHIBIT A. FIRE COMPANY BUDGET 2021 Maintenance, Operations, Insurance, $ 1992775 Capital Projects and Apparatus Replacement Debt Service $184,037 TOTAL S383Al2 2022 Maintenance, Operations, Insurance, $203,771 Capital Projects and Apparatus Replacement Debt Service $187,717 TOTAL $3919488 2023 Maintenance, Operations, Insurance, $207,846 Capital Projects and Apparatus Replacement Debt Service $ 191 ,472 TOTAL $399,318 2024 Maintenance, Operations, Insurance, Capital Projects and Apparatus Replacement Debt Service HAURM TOTAL [5) 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 fluids, 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 � �'� for purchase contracts (those involving the acquisition of commodities, materials, supplies or equipment) or over '� 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 A n general) contracts (purchase and public works) would require approval of the majority of each company's/squa&s Board of Directors. All IRS guidelines will be followed for the issuance of 1099's for those vendors meeting IRS stipulations. (6) COPY OF "PxtEVLA rrY AGREEMENT" BETWEEN THE TOWN BOARD OF THE TOWN OF QUEENSBURY AND SOUTH QUEENSBURY VOLUNTEER FIRE COMPANY, INC. aattr: tENTSWIm & ttsoua, trri AGREEMENT _ THIS ACRE < , made as of the I'c day of January, 2021 between THE'TQWN BOARD OF THE TOWN OF QUEENSBURY, acting for and on behalf of the Town of Queensbury, at municipal corporation situated in the Gaunty of Warren and State of New York (hereinafter referred to as the "TOWN*'), and the SOUTH QUEENSSURY VOLUNTEER FIRE CO&IPANY, INC., a New York Nat for-Profit Corporation, located in the Town of Queensbtery, Warren County, New York (hereinafter referred to as the "F[, RE C0 k4pANY"). WIT"NESSETH, that WHEREAS, there has been duly established in the Town a Fire Proteotion Distdct encompassing all of the geographical teritory 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 ConV any is to provide volunteer fire protection services in the Fire Cornpames chartered area and other areas on a mutual aid basis for five (5) years through December 31, 2025, and 'WH ' 4 AS, the Queensbury Town Board, after conducting a pubic hearing in a000rdance 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 ternzs and conditions: NOW. ITIR-Rr!'r oRra,., for and in consideration of the covenants and agreements herein contained, the Town does by this Agreement engage the Fire Company to furnish fire pmtecdw to the Fire Protection District and the Fire Company agrees to filmish lire protection for the distriet in the following rnanner, I- Fire CRM.Ranv to Use est I{:fforts to Perform Dutiesy Failure to Perform, The Fire Company covenants and agrees that it will use its best efforts at all times to control I 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 w4lecvtft,rl 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 of30 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 Five Company, all or any part of the monies due or to 6ecorne due under this Agreement for the period far'which such service is to be rendered, In the evert that monies have already been paid to the Fire Company for the period involved, there said Company shall refund to the Town the full amount of the unearned money on a pro-rate basis per day of failure to provide service. 2. Fire Compariv 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 end provide adequate and suitable apparatus, appliances and equipment, hereafter referred to generally as (2) equipment meeting applicable National Fires protection Association (NFFA) 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 rue or emergency occurring in the chartered area of the Fire Company. Cr The Fide Company shall at least annually test any dry hydrants located within the Fine 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 3l'r of each year of this Agreement. if the Fire Company wishes to request the Townes 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 Prom arty person of any fire within the said chartered area of the Fire Company, the Fire Company shall respond to the fire orother arnmSency without delay with all of the Fue Company's equipment and resources that may be mx=sary and suitable for the control of said fine or emergency, and the saving of life and property, E. The Fire Company shall, when needed and called by any officer of any Fine 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 offi+cees discretion to extinguish and control the fire and to save life and property anywhere within the Town of Queensbury. When the Fire Conripany is called and attending a fire or incident outside of the Fine Company's chartered area„ the proper officers of the R re Company within the chartered area where the fire occurs, arc 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 fine fighting equipment to the scece 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 decrned 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 oWy 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 fiends shall be used for purposes of the payment of banquets or awards, fund raising activities, clothing not used for fire iitghting 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 busvtess expenses related to the Fire Company purposes. (4) (3) Notwithstanding anything herein to the contrary, the monies set fork in the budget for purposes of accumulation each year towards the purchase of vehicles or other apparatus authorized by said budget account fine, shall be continuously retainod by the Fire Company and maintained in a separate fund and the Fire Company shaulI account for such monies in each annual audited financial report. All interest earned on such funds "I 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 snail 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 C?fR= each year of this Agreement or any extension thereof as foilows: 'a) By June 25a , 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 2561 if they have complied with the tinwline 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 Towns 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 cornplete financial report of all revenues and expenditures is to conform with prudent financial disclosure and public accountability. It is not intended tW money received from fundraising, grants, bequeaths and other nor -Torun sources will be applied to expenses for which the Town has agreed to pay within the approved budgets. b) By July 15% 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 far ferematic purposes. c) 4n July 15a` of the final year of this Agreement, (1) an estimated budget far e each respeadves year of the proposed, subsequent Agreernnt itemized to provide the information required by Town Law §184-(1-&Xa); and (2) all documentation required by Town Law §184(l OaXa). d) By March 3IIN a summary of Fire Company Members' Service Award Credits for the previous year: The Town, specifically including the T'own's Budget Officer, shall be provided detailed records of such Service Award Credits upon written request within 10 business days of such written request. The receipt of this surntnary shall include a list of all members, including new members approved by the Fire Company since the last such list was provided, and shall constitute the required written notice of new members pursuant to Not-Far-Profit Corporation Law §1402(c)(3). e) Prior to the expiration of the previous insurance policies, the Fire Company will provide copies of insurance certificates specified in Paragraph $ of this Agreement (6) (.S) Notwithstanding any provision of this Agreement, at any time that the Fire Company is in default of the documentation requirements of this Paragraph: a) T1ze Town may defer any payments due to the Fire Company unkx this Agreement until the default is cured; and b) The Town shall not commence contract renewal negotiations with the Fire Company. c) In the event that a payment is deferred 'because of ton-compliawe with reporting requirements, the Fire Company may appeal to the Town Board for a partial or full payment Of amounts ot&eawise due by providing an explanation of extenuating circ=stanc:es. . (6) Fire Company hooks and records shall be subject to an independent audit by a Certified Public Accountant selected 'by the Town Board of the Town of Queensbury and paid for by the Town at such times as the Town Board shall determine appropriate. 3. Town*as Resnonsibllitw to Paw- The Town agrees to. A. Pay to the Fire Company and the Fire Company agrees to accept the following amount for furnishing fire protection in accordance with the terms of this Agreement: a. $383,812 for year 2021, Id b. $391,488 for year 2022; , . a. $399,318 for year 2023 d. $407,304 for year 2024 (a) $415,450 for year 2025. B. Pay the following sums: (1 ) 35% in first audit of 2o21 2022712023/2024/2025 following full execution of the agrearrie nt. (2) 25% upon delivery ofaudit 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 f`rorrr the Fire Company addressing rernedie.Voorrective actions for audit findings; (5) In an ideal situation, the 3i3 and 4e' 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 (41%) in 2021, 2022, 2023, 2024 and/or 2025, the Town is willing to negotiate this Agreement concerning the cost of such increase. 4. Tcrxn. This Agreement shall be for a period of five (5) years beginning January 1, 2021 and continuing through December 31, 2025. The parties intend to open negotiations for a future agreement at least 45 days prior to expirationpf this Agreement 5. RestELeffans on Purchase Sate or Disposition of Fire Company Assets. y t - A. The Fire Company agrees not to purchase or to enter into any binding contruct to incur debt of any amount or to purchase any piece of apparatus, equipment, vehicles, real ProPey, or make any improvements thereon with a value of$50,000 or mare, without prior approval by Resolution of the Town Board of the Town of Queensbury. As part of the approval process, the Fire Company will be expected to show financial responsibility and ability to maintain a responsible debt Ievel, It Is understood and agreed that such approval will not be Interpreted as any agreement by the Town to assume responsibility or liability far payment or guarantee or assure payment for such apparatus, equipmere, real PmPcrCy or improvement then eon, or debt.. With respect to . any improvements or non-emcgeracy repaim costing $5,000 or more, the rue 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, equipment, machine, or ether apparatus acquired by or through the use offends 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'conveyawe 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 vehiclefequlpmcnt 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 Cum-out gear to other Fire Companies or Rescue Squads when replacing such equipment in accordance with a none d replacement schedule. C. In the purchase or safe of apparatus, equipment, vehicles or real property, or the nxaking of improirements. the Fire Company shall stake every. eft'art to avoid any rontUict of interest. The Fire Company shall-not purchase such things from or sell such things to a "Iodated party" unless the Fire Company's Board of Directors (excluding any "related Party") approves such purchase or sale. A `Yelated patty" shall be: (9) Cl) 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 remuaamdon or own part or all of such business. For the purpose s of this provision, "family"' shall include spouse, children, parents or siblings. D, In rcoogniticM that the payment made by the Town ire accordance with this Agreement constitutes nearly the entire budget of the Fire Company and the long-stamding support of the Fire Comipany 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 Agreamen% 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, convay, 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 coo hdried hereinas Exhibit B or Company Policy submitted and agreed to by the Town Budget Officer. 6, +Nre Company Awards Itirygram Records. The Fire Company is hereby required to keep, maintain and allow inspection by the Queensbury Town Supervisor, Town Board and Town Budget Officer, cbrtain records relating to recordation and accumulation of-points byr 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 of the Town of Queensbury not later than March 3 I a 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 Code of the Town of Queensbury). 7. l'Jnforeseen 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, bovmver, 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. S. Fire Ctornuarkylasumnce Rea uiraments. The Fire Company shall provider all insurance comae required in the performance of this Agreenwrit 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. V.000,000 combined single limit liability coverage, per occurrence, for Business Auto With a SZ000,000 Umbrella Policy; and B. $ 19000,000 Combined Single Limit Liability Coverage per occurrence for General Liability Coverage with a $3,00D,000 Clencral Aggregate and S3,000,000 Product and Completed Operation Aggregate, C. Building Casualty Coveeragc equal to replacement value, D. Vehicle Casualty and Collision Coverage equal to replaceireent value. Umbrella. Coverage may be used to satisfy the required limits. The Certificate oflasurance shall name the Town as additional insured and provide for thirty (30) days written notice to the Town ofany cancellation. 9. Ascess. The Fire {Company agrees that the Town Boa4 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, regiment otAssi anable. This Agreement and any and all duties, responsibilities, rights and benefits accruing wider 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. II . otices. 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 mall return receipt requested, to the Town, Fire Company or their respective officers. (12) I2. 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, Seyerability. In the event any parts of this Agreement are found to be void by a court of law, the retraining provisions of this Agreement shall nevertheless be binding with the same force and effect as though the void parts were deleted, 14. Modification b Wxetin Cbmr New York State Law• Venue• Ca Nans. 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 ape not to be determinative in the interpretation or construction ofthis Agreement, I5. jSuccessor Agreement Fri 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 tray, ifso directed by the Town Board, approve monthly vouchers limited to l/t 2"' of the Fire Company's previous ,year's, budget. IN WITNESS WHEREOF. the parties hereto have signed and executed this Agreement as (13) , y of the date first written above. TOWN OF iQUEENSBURY SOUTH QUEEKSBURY VOLUNTEER FIRE CO., INC. SY: SY: HN F. UGH, III TOWN" SUPERVISOR RESIDENT STATE OF NEW PORK ) ss.: COUNTY dF WARREN) On this !44 ' day of August in the year 2020 before me, the undersigned, a notary public and for said state, Pally appeared J©HN F. STROU'GH, M, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose ,dame is subscribed to the within instrument and acknowledged to me that he executed the Sartre 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 Pubes PAMELA & HUNSINGER STATE OF NE Notary Public, State of New York W YC]►RK ) ��ss anuF 6p[No. Jan. 27,2[�39 COUNTY OF WARREN ) On this ZL day of in the year 020 before me, the undersipn , a no public in and for said stag personas y� bn L)EWC personally known tome or proved to me on the basis of safisftetocy 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 tustru rent, the individual or the person upon behalf of which the fndividual acted, executed the instrurment lPub0 a Las to of N Marque . - Notary t'ublic. State of New York - Warren County Na. 01LAS30IS47 ComrnFsalon t Xtdres Apra 21, 2o02.2 o ey Public (I4) . EXE . BIT A FIRE COMPANY BUDGET Maintenance, Operations, Insurance., $I990775 Capital Projects and Apparatus Replacement Debt Service S I S4,037 TOTAL $393,812 Maintenance, Operations, Insurance, $203,77I Capital Projects and Apparatus Replacement Debt Service.. $I87*7I7 TOTAL S391,488 ,2023 Maintenance, Operations, Insurance, S207,846 Capital Projects and Apparatus R.eplacernerit Debt Service SI9I ,472 TOTAL $399r3l8 fps) A924 Maintenance, Operations, Insurance, M 2,003 Capital Projects and Apparatus Replacement Debt Service $195,301 IMTAL 5407,304 2025 Maintenarice, Operations, Insurance, $216,243 Capital Projects and Apparatus Replacement Debt Service . $199,207 TOTAL 54159450 (16) EKMB A D Town of Queensbury Fire and EMS Purchasing Guidelines This Purchasing Policy for the Volunteer Fire Companies and EMS Squads currently underaontract 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. T'+ypes of Purchases There are two basic types ofpurachase 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 1i2,500 for purchase contracts (those iavoliring the acquisiO tion of commodities, materials, supplies or equipment) or over $2,500 for public works contracts (those invoirriag services, labor or construction) will require three (3) quotes. The contract will be awarded to the lowest responsible bidderlquote (vendor submitting the lowest bid or price quote that meets all product specificatioris). All related party (current offoers, 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 far those vendors meeting IRS stipulations. (17)