Documents

resolution 3 pages

Also attached to this agenda item: Res 22-2022 Quaker Bridge Fire Agreement

THIS AGREEMENT made as of the 1st day of February 2022 between the TOWN BOARD OF THE TOWN OF CORTLANDT, Westchester County, (hereinafter designated as the “TOWN”), and the VILLAGE OF CROTON- ON-HUDSON, Westchester County, New York, (hereinafter designated as the “VILLAGE”). WHEREAS, there has been duly established in the said Town of Cortlandt, a Fire Protection District known as the MT. AIRY/QUAKER BRIDGE FIRE PROTECTION DISTRICT, embracing territory in the said Town of Cortlandt adjacent to the Village of Croton-on-Hudson; and WHEREAS, during a Town Board Meeting held on January 11.2022 duly called the Town Board members of the I own ot Cortlandt duly authorized an Agreement with the Village of Croton-on-Hudson to provide for fire protection to said district upon the terms and provisions herein set forth: and WHEREAS, this contract has been duly authorized by the Board of Trustees of the Village, it appearing to the Village that such service can be supplied consistent with other obligations of the Fire Department of the Village of Croton-on-Hudson, New York: NOW, THEREFORE, in consideration of the mutual promises herein contained the Town and the Village agree to wit: The Fire Department of the Village at all times during the period of this agreement shall be subject to calls for attendance upon any fire occurring within the limits of the MT. AIRY/QUAKER BRIDGE FIRE PROTECTION DISTRICT, and when notified by alarm or telephone call of a fire within the said MT. AIRY/QUAKER BRIDGE FIRE PROTECTION DISTRICT, such department shall respond and attend upon the fire without delay with one or more apparatus, and with suitable equipment thereof. 2. Upon arrival at the scene of the fire, the firemen of the Fire Department of the Village of Cioton-on-Hudson so attending, shall proceed diligently and in every way reasonably suggested, to the extinguishment of the fire and saving of life and property in connection therewith. 1. 3. In consideration of the availability and furnishing of aid and the use of the apparatus aforementioned the Village shall receive the sum of $345,387.00 (THREE HUNDRED FORTY FIVE THOUSAND, THREE HUNDRED EIGHTY SEVEN DOLLARS and 00/100) per annum and the Town covenants and agrees on it’s own behalf and on behalf of the MT. AIRY/QUAKER BRIDGE FIRE PROTECTION DISTRICT to pay the same to the Village in the manner provided by Special District Law. YEAR 2022 AGREEMENT MT.AIRY/QUAKER BRIDGE FIRE PROTECTION DISTRICT PAGE TWO 4. It is agreed that of the contract price S69,077.00 (SIXTY NINE THOUSAND SEVENTY SEVEN AND 00/100) shall be paid directly to the Fire Council of the Village of Croton-on-Hudson for fire department or fire company purposes; and the balance of $276,310.00 (TWO HUNDRED SEVENTY SIX THOUSAND, THREE HUNDRED TEN DOLLARS AND 00/100.) shall be paid to the Village. 5. The Town shall not be liable for any loss or damage sustained by the fire apparatus or equipment of the Village in answering, attending upon, or returning from a call lor attendance in said district if such loss or damage is covered by the Village’s insurance and the Village collects therefore. To the extent that the Village’s insurance does not cover any such loss or damage, or the Village fails to collect on such insurance, after making diligent efforts to do so, then the Town shall be liable to the Village for such loss or damage. If the Village seeks to hold the Town liable under this paragraph, it shall make it’s relevant insurance policies available to the Town; and if the Town believes that such loss or damage is covered by insurance and the insurance company fails to pay, then the Town Attorney in the name of the Village may prosecute a claim under the insurance policy. No claim shall be allowed by the Village against the Town under this paragraph unless within sixty (60) days after such loss or damage has been sustained, a written notice thereof shall be served by mail or otherwise upon the Clerk of the Town. 6. The Village agrees that it will obtain adequate and suitable standard public liability and property damage policies of insurance and shall have the same duly endorsed to cover the said MT.AIRY/QUAKER BRIDGE FIRE PROTECTION DISTRICT. 7. It is agreed that suitable provisions shall be contained iin any insurance policy obtained by the Village to the effect that the foregoing provisions relating to reimbursement to the Village does not insure to the benefit of the insurance company and do not give said insurance company any right or reimbursement or subrogation as against the said MT.AIRY/QUAKER BRIDGE FIRE PROTECTION DISTRICT for any damages which may be sustained or losses which shall be incurred by the Village which engaged in business for the MT. AIRY/QUAKER BRIDGE FIRE PROTECTION DISTRICT. Such provisions are inserted herein pursuant to the General Municipal Law it being the intention of the parties hereto that the insurance policies which are to be endorsed by the Village to cover the MT AIRY/ QUAKER BRIDGE FIRE PROTECTION DISTRICT for the losses specified YEAR 2022 AGREEMENT MT.AIRY/QUAKER BRIDGE FIRE PROTECTION DISTRICT PAGE THREE in the foregoing paragraph shall do so insofar as they may under the prevailing provisions of law. All money to be paid under any provision of this Agreement shall be charge upon the said MT. AIRY/ QUAKER BRIDGE FIRE PROTECTION DISTRICT to be assessed and levied upon the taxable property in said district and collected by the Town. Employees of the Fire Department of the Village while engaged in the performance oi their duties in answering, attending upon, or returning from any call provided for in this Agreement, shall have the same rights, privileges, and amenities as if performing the same in the Village of Croton-on-Hudson, New York. 10. The MT. AIRY/ QUAKER BRIDGE FIRE PROTECTION DISTRICT wall file a copy of their annual audit with the Town Clerk of the Town of Cortlandt within thirty (30) days of its receipt. 11. This Agreement shall continue for a period from January 1, 2022 to December 31, 2022. The payment of the amount due for the entire period of this contract shall be made no later than June 1, 2022 upon voucher of the Village of Croton-on-Hudson, New York. This agreement will automatically renew if the contract price remains the same. 8. 9. IN WITNESS WHEREOF the parties hereto have hereunto duly executed and delivered this Agreement the day and the year first written above. BY: RICHARD H. BECKER, SUPERVISOR ATTEST: CHRISTINE B. COTHREN, DEPUTY TOWN CLERK VILLAGE OF CROTON-ON-HUDSON BY: BRYAN T. HEALY, VILLAGE MANAGER ATTEST: