TOWN OF RED HOOK FIRE PROTECTION DISTRICT FIRE SERVICE AGREEMENT – VILLAGE OF RED HOOK
THIS AGREEMENT, made as of the 1[st] day of January, 2025 between THE TOWN OF RED HOOK, Dutchess County, New York (hereinafter referred to as the “TOWN”), a municipal corporation, and the VILLAGE OF RED HOOK, Dutchess County, New York (hereinafter referred to as the “VILLAGE”), a municipal corporation, and the RED HOOK FIRE COMPANY, INC., (hereinafter referred to as “FIRE COMPANY”), a NotFor-Profit Corporation.
WITNESSETH:
WHEREAS, there has been duly established in the said Town of Red Hook a fire protection district embracing all of the territory in said Town outside of the Villages of Red Hook and Tivoli, as such territory is more fully described in the resolution establishing such district and duly adopted by the Town Board of said Town on October 23, 1946 (the “District”); and
WHEREAS, under Section 1402(e)(1) of the Not-For-Profit Corporation Law of the State of New York, the Fire Company is under the control of the Village by virtue of being situated therein; and
WHEREAS, the Town desires to have fire protection from the Fire Company to provide such protection for the District; and
WHEREAS, following a public hearing duly called, the Town Board was duly authorized to contract with the Village and the Fire Company for the fire protection to that portion of said District described herein;
NOW THEREFORE, in consideration of the terms and provisions hereinafter set forth, the parties hereto agree as follows:
- The Fire Company shall at all times during the period of this agreement be subject to call for attendance upon the fire occurring in such District South and East of a division line running through said District from Cruger’s Island in the Hudson River, easterly along Whalesback to Baxter’s Corners (intersection of Budd’s Corners and Whalesback), then continuing northerly along Budd Coners/Rt. 79 and then easterly along Pitcher Lane to Route 9; thence north along Route 9 to the Dutchess-Columbia Line;. When notified by alarm or telephone call of a fire within said District, the Fire Company shall respond and attend upon the fire without delay with one or more companies and with suitable ladders, pumping and hose apparatus. Upon arriving at the scene of the fire, the firefighters of the Fire Company attending shall proceed diligently and in a way reasonably suggested to extinguishing of the fire and saving of lives and property in connection therewith.
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- In consideration of the furnishing aid and the use of its apparatus as aforesaid, the Fire Company shall be remunerated as provided therein. The amount payable shall include a base payment as follows:
(a) The sum of THREE HUNDRED THIRTEEN THOUSAND, FIVE HUNDRED NINETY DOLLARS ($313,590.00) in the year 2025 to be paid in two installments, the first on March 31, 2025 and the second on June 30, 2025, PLUS 100% of the eligible Red Hook LOSAP Program estimated to be TWENTY-ONETHOUSAND SIX HUNDRED DOLLARS ($21,600.00) payable upon receipt of an invoice.
(b) The sum of THREE HUNDRED NINETEEN THOUSAND EIGHT HUNDRED SIXTY-TWO DOLLARS ($319,862.00) in the year 2026 to be paid in two installments, the first on March 31, 2026 and the second on June 30, 2026, PLUS 100% of the eligible Red Hook LOSAP Program for 2026, estimated to be TWENTY-ONE THOUSAND SIX HUNDRED DOLLARS ($21,600.00) payable upon receipt of an invoice.
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The Town expressly agrees to contribute to the cost of Worker’s Compensation Insurance and NYS Disability Insurance for the protection of the members of the Fire Company and to reimburse the Village for the payment of the premiums as set by the State of New York in connection therewith a sum estimated to be THIRTY THOUSAND DOLLARS ($30,000.00) per year. The Town expressly agrees that the reimbursement for Worker’s Compensation Insurance and NYS Disability Insurance referenced in paragraph 3 of the agreement shall be based upon the actual cost of insurance paid by the Village of Red Hook and that the Town shall reimburse the Village Seventy-five (75%) percent of the total insurance premiums and associated costs upon presentation of the bill(s) by the Village of Red Hook.
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All of the parties hereto agree to abide by the provisions of the Federal, State and Local Laws so far as the same may be applicable to each.
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The Fire Company assumes all liability for damage, loss or destruction of its machinery and apparatus and agrees to provide adequate collision, fire, theft and comprehensive insurance upon said machinery, apparatus and equipment so as to protect and hold harmless the Town and Village from any and all claims arising by reason or damage, loss or destruction thereof.
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All monies to be paid under any provisions of this agreement shall be a charge upon the said District to be assessed and levied upon the taxable property in said District and collected with the Town taxes.
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The Fire Company agrees to provide liability insurance for personal injuries and property damage upon its fire fighting equipment in the amount of FOUR MILLION DOLLARS ($4,000,000.00) inclusive as to indemnify and save harmless the Town and Village from any claims arising through the operations thereof. The Fire Company shall provide evidence of such insurance in effect prior to January 1 each year, not later than
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30 days prior to the expiration date thereof, and at any time upon reasonable request of the Town or Village.
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The Town will allocate to pay to the Fire Company the sum of TWO THOUSAND DOLLARS ($2,000.00) in each calendar year during the term of this agreement, payable at the time of the first installment of the base payment and receipt of audited expenses related to recruitment of new Fire Company members.
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The Town shall allocate a payment to the Fire Company in the amount of FIFTEEN THOUSAND DOLLARS ($15,000.00) in each calendar year, payable at the time of the first installment of the base payment and on receipt of invoices and evidence of authorization by the Fire Company Board of payment of capital expenses.
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The payments hereunder are conditioned upon the Town receiving not less than one hundred eighty days following the end of each calendar year the following: (i) a duly audited or official financial statement by the Red Hook Fire District acceptable in the form and content directed by the Town Board; provided that such financial statement shall meet the requirements of Section 209-z of the General Municipal Law, (ii) a copy of the adopted budget for the then current fiscal year, and any related capital plan.
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The Fire Company shall comply with the requirements of Section 209-ee of the General Municipal Law and its adopted code of ethics.
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The Fire Company will provide to the Village of Red Hook at the commencement of this Agreement and in the last quarter of each year a list of Interior Firefighters on the roster so they can be insured as required by the NYS Volunteer Firefighter Enhanced Cancer Disability Benefits Program. The Village will order the required coverage based on the information provided by the Fire Company and will pay the premium for the coverage. The Town agrees to reimburse the Village an amount equal to 75% of the actual cost of the Cancer Benefit Coverage premium in each year during the term of this Agreement, upon invoice by the Village.
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This agreement shall continue for a term of two years from January 1, 2025, through December 31, 2026.
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IN WITNESS WHEREOF, the parties have duly executed and delivered this agreement the day and year first above written.
TOWN OF RED HOOK
________________________________________ BY: SUPERVISOR ROBERT McKEON
VILLAGE OF RED HOOK
________________________________________ BY: MAYOR KAREN SMYTHE
RED HOOK FIRE COMPANY
________________________________________ BY: DIRECTOR
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State of New York ) County of Dutchess ) ss.:
On the ____ day of ________ in the year ____ before me, the undersigned personally appeared __________________________, personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument.
_____________________________ Notary Public
State of New York ) County of Dutchess ) ss.:
On the ____ day of ________ in the year ____ before me, the undersigned personally appeared __________________________, personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument.
______________________________ Notary Public
State of New York) County of Dutchess) ss.:
On the ____ day of ________ in the year ____ before me, the undersigned personally appeared __________________________, personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument.
________________________________ Notary Public
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