4.03 4.3
FIRE AND RESCUE\WGF Fire 2020-22 Agreement-Set Public Hearing-I-13-20
RESOLUTION SETTING PUBLIC HEARING ON 2020 — 2022
FIRE PROTECTION SERVICES AGREEMENT BETWEEN TOWN OF
QUEENSBURY AND WEST GLENS FALLS VOLUNTEER FIRE CO., INC.
RESOLUTION NO.: ,2020
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 and the West Glens Falls Volunteer Fire Co., Inc. have negotiated
terms for a new three(3)year Agreement for fire protection services, and
WHEREAS, in accordance with Town Law §184 and General Municipal Law §209(b), the
Town Board wishes to set a public hearing concerning the proposed 2020-2022 Agreement for fire
protection services,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board shall conduct a public hearing concerning
the proposed 2020-2022 fire protection services Agreement between the Town of Queensbury and
the West Glens Falls Volunteer Fire Co., Inc., on Monday,January 27`", 2020 at 7:00 p.m.,and
4
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 13`h day of January, 2020, by the following vote:
AYES
NOES
ABSENT:
AGREEMENTS\Fire&Rescue\West Glens Falls Fire—2020-2022
AGREEMENT
THIS AGREEMENT, made as of the ls` day of January, 2020 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 three(3) years through December 31, 2022, 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 Companv 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 parry 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
equipment meeting applicable National Fire Protection Association (NFPA) standards
for the condition and capabilities of such equipment, as those capabilities apply to the
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December 30,2019
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 3 1" 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
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:
(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 restricted categories such as insurance, debt and vehicle
funds.
(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.
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(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 251h, 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
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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 151h, 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 31 st, 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
b) The Town shall not commence contract renewal negotiations with the
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December 30,2019
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 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 the following amount
for furnishing fire protection in accordance with the terms of this Agreement:
a. $664,120 for year 2020;
b. $677,402 for year 2021;
C. $690,950 for year 2022.
B. Pay the following sums:
(1) 35%in first audit of 2020/2021/2022 following full execution of the agreement;
(2) 25%upon delivery of audit documents to the Town or Auditor(no later than 3/31);
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December 30,2019
(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;
(5) In an ideal situation, the 3`d and 4ch 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
2020, 2021 and/or 2022, 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, 2020 and
continuing through December 31, 2022. 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$50,000 or more, without
prior approval by Resolution of the 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
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December 30,2019
improvement thereon, or debt. With respect to any improvements or non-emergency
repairs costing $5,000 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,
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.
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
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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
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.
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 S` 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
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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.
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.
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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.
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
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December 30,2019
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 1/121h 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 WEST GLENS FALLS
VOLUNTEER FIRE CO., INC.
BY: BY:
JOHN F. STROUGH, III
TOWN SUPERVISOR PRESIDENT
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December 30,2019
STATE OF NEW YORK)
ss..
COUNTY OF WARREN)
On this day of in the year 2020 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 2020 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
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December 30,2019
EXHIBIT A
FIRE COMPANY BUDGET
2020
Operations 332,720.
Insurance 45,000
Capital Budget/Debt Service 286,400
TOTAL 664,120
2021
Operations 341,002
Insurance 45,000
Capital Budget/Debt Service 291,400
TOTAL 677,402
2022
Operations 349,550
Insurance 45,000
Capital Budget/Debt Service 296,400
TOTAL 690,950
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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 $1,000 for purchase contracts (those involving the acquisition of
commodities, materials, supplies or equipment) or over $1,000 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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NOTICES\FIRE\WGF Fire—2020-22 Agreement--1-27-20
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN THAT THE QUEENSBURY TOWN BOARD WILL
CONDUCT A PUBLIC HEARING ON MONDAY, JANUARY 27TH, 2020 AT 7:00 P.M. AT
THE QUEENSBURY ACTIVITIES CENTER, 742 BAY ROAD, QUEENSBURY FOR THE
PURPOSE OF HEARING ALL INTERESTED PERSONS CONCERNING A NEW THREE (3)
YEAR AGREEMENT FOR FIRE PROTECTION SERVICES BETWEEN THE TOWN OF
QUEENSBURY AND THE WEST GLENS FALLS VOLUNTEER FIRE CO., INC. FOR 2020-
2022. THE PROPOSED COST OF THE PROVISION OF FIRE PROTECTION SERVICES TO
THE TOWN BY THE FIRE COMPANY IS AS FOLLOWS:
PROPOSED CONTRACT AMOUNTS
FIRE COMPANY 2020 2021 2022
WEST GLENS FALLS
VOLUNTEER FIRE CO., INC. $664,120 $677,402 $690,950
THE AUTHORITY FOR THE PROPOSED AGREEMENT IS NEW YORK STATE
TOWN LAW§184.
FOR FURTHER INFORMATION REGARDING THE PROPOSED AGREEMENT, ALL
INTERESTED PERSONS MAY CONTACT OR VISIT THE QUEENSBURY TOWN CLERK'S
OFFICE, 742 BAY ROAD, QUEENSBURY (518) 761-8234 DURING NORMAL BUSINESS
HOURS.
BY ORDER OF THE QUEENSBURY TOWN BOARD.
PUBLICATION DATE: JANUARY ,2020
CAROLINE H. BARBER
TOWN CLERK
TOWN OF QUEENSBURY