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FIRE AND RESCUE\Bay Ridge Fire 2025-2027 Agreement-Set Public Hearing—11-18-2024
RESOLUTION SETTING PUBLIC HEARING ON 2025 -2027
FIRE PROTECTION SERVICE AGREEMENT BETWEEN TOWN OF
QUEENSBURY AND BAY RIDGE VOLUNTEER FIRE CO., INC.
RESOLUTION NO.: ,2024
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 Agreement with the Bay Ridge Volunteer Fire Co., Inc. will expire
as of December 31, 2024, and
WHEREAS,the Town and the Bay Ridge Volunteer Fire Co., Inc. have negotiated terms for
a new three(3)year Agreement for fire protection services and accordingly,in accordance with Town
Law §184, the Town Board wishes to set a public hearing concerning a proposed 2025 -2027
Agreement for fire protection services,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board shall conduct a public hearing concerning a
proposed 2025 - 2027 fire protection services Agreement between the Town of Queensbury and the
Bay Ridge Volunteer Fire Co., Inc., on Monday, December 2nd, 2024 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 Hearing.
Duly adopted this 18'h day of November, 2024,by the following vote:
AYES
NOES
ABSENT:
AGREEMENTS\Fire&RescueBay Ridge Fire-2025-2027
AGREEMENT
THIS AGREEMENT, made as of the 1" day of January, 2025 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
three(3)years through December 31,2027,and
WHEREAS, the Queensbury 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
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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 fit ther 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 MI 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 equipment
meeting applicable National Fire Protection Association (NFPA) standards for the
condition and capabilities of such equipment, as those capabilities apply to the intended
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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"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
chattered area where the fire occurs, are to have fill 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 that make it
unreasonable to transport fire fighting equipment to the scene of the incident or
emergency.
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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:
(I) 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.
(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
(4)
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 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.
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b) By July 15`1,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, (1) an estimated budget for
each respective year of the proposed, subsequent Agreement itemized to
provide the information required by Town Law §184(1-a)(a); and (2) all
documentation required by Town Law§184(10a)(a).
d) By March 3151,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. The
receipt of this summary 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-For-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 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
b) The Town shall not commence contract renewal negotiations with the Fire
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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 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's Responsibility to Pay.
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. $636,000 for year 2025;
b. $674,160 for year 2026;
c. $714,610 for year 2027.
B. Pay the following sums:
(1) 35%in first audit of 2025/2026/2027 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);
(7)
(4) 20% upon receipt of an acceptable response from the Fire Company addressing
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 findings are listed in the
management letter;
(6) If the Fire Company's insurance increases by more than six-percent (6%)in 2025,
2026 and/or 2027, the Town is willing to negotiate this Agreement concerning the
cost of such increase.
4. Term.
This Agreement shall be for a period of three (3) years beginning January 1, 2025 and
continuing through December 31, 2027. 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 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 or more, the Fire Company agrees to solicit three written quotes
and document the costs.
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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 addition,
the above notification provision shall not apply to the sale of equipment having 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
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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. Official uses of vehicles and apparatus should be governed by the Company's Standard
Operating Procedures, Standard Operating Guidelines and/or Bylaws.
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 of the Town of Queensbury not later than March 31'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. 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
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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.
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.
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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.
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.
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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
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
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STATE OF NEW YORK)
ss.:
COUNTY OF WARREN)
On this day of in the year 2024 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 2024 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
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EXHIBIT A
2025 BUDGET
Operating Expenses $ 321,886.86
Insurance $ 32,736.88
Debt Service $ 254,084.36
ApparatusNehicle Replacement(SEE#1 BELOW) $ 10,000.00
Building Maintenance(SEE#2 BELOW) $ 17,291.90
Total Contract $ 636,000.00
2026 BUDGET
Operating Expenses $ 356,349.23
Insurance $ 32,736.88
Debt Service $ 274,411.11
Apparatus/Vehicle Replacement(SEE#1 BELOW) $ 4,000.00
Building Maintenance(SEE#2 BELOW) $ 5.662.78
TotalCnntract $674,160.00
2027 BUDGET
Operating Expenses $ 373,988.22
Insurance $ 35,136.88
Debt Service $293,484.90
Apparatus/Vehicle Replacement(SEE#1 BELOW) $ 5,000.00
Building Maintenance(SEE#2 BELOW) $ 7,000.00
Total Contract $ 714,610.00
#1: This figure represents this year's set aside as part of your plan to replace apparatus and
vehicles.
#2: This figure represents this year's set aside as part of your plan to maintain your building.
(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 finds, 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 $8,000 for purchase contracts (those involving the acquisition of
commodities, materials, supplies or equipment) or over $8,000 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.
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