FIRE PROTECTON AGREEMENT - DRAFT

THIS AGREEMENT , made on the ___ day of ___________, 2025, by and between the VILLAGE OF RED HOOK , a municipal corporation, with its Village Hall located at 7467 South Broadway, Red Hook, NY 12571 (the “VILLAGE”) and the RED HOOK FIRE COMPANY, INC. , a New York not-for-profit corporation, with its office located at Maynard B. Ham Memorial Drive, Red Hook, NY 12571 (the “COMPANY’)

WHEREAS , the provisions of New York State Village Law Section 4-412 empowers the VILLAGE to enter into a contract for the furnishing of fire protection with a fire department in the village or with any city, village, fire district, or incorporated fire company having its headquarters outside such village and maintaining adequate and suitable apparatus and appliances for the furnishing of fire protection in such village; and

WHEREAS , the Board of Trustees of such VILLAGE, having debated and discussed various options for the furnishing of fire protection within the Village; and

WHEREAS , the VILLAGE following a duly noticed public hearing, has decided and voted upon authorizing the COMPANY to provide fire protection within the village and to further provide for the furnishing of emergency service in case of accidents, calamities, or other emergencies in connection with which the services of firefighters would be required, as well as in the case of alarms of fire.

NOW THEREFORE , the VILLAGE has approved the following:

1. The VILLAGE does engage the COMPANY to furnish fire protection to all of the territory embraced within the corporate limits of the Village, including all lands, buildings, structures, and property of every kind contained therein, and to furnish emergency service in case of accidents, calamities, or other emergencies in connection with which the services of firefighters would be required, as well as in the case of alarms of fire.

2. The COMPANY shall be subject to call, attend and respond to all fires, rescue and emergency response with the VILLAGE. When notified by the County 911 Communication Center, fire dispatcher, alarm, telephone call or other communication device from any person or entity of a fire or emergency within the VILLAGE, the COMPANY shall use its best efforts to respond and attend upon the fire and/or emergency immediately. Upon arriving at the scene of the fire, the COMPANY Fire Chief or COMPANY Incident Commander shall assume supervision of the fire or emergency scene for the duration of the fire or other emergency call and shall proceed diligently and in every way reasonably possible to extinguish the fire and to save life and property put in jeopardy by reason thereof.

3. The COMPANY agrees to hold the VILLAGE harmless from and against any damage, losses, costs, expenses, and all claims for personal injury, including death, and property damage arising out of the contract, including any arising out of mutual aid responses,

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and agrees to defend against any and all such damages, losses, costs, expenses, and claims which may be made against the VILLAGE arising out of the performance or failure to perform by the COMPANY hereunder. Also, the COMPANY agrees to procure at its sole expense insurance coverage in the types and minimum amounts, in which the VILLAGE shall be named as an additional insured (for all such insurance types with copies to be supplied to the VILLAGE) evidence of such insurance to be provided to the VILLAGE upon the execution of this agreement:

• i. Commercial General Liability with a combined singles each occurrence limit of $1,000,000 and $3,000,000 in the aggregate for Bodily Injury and Property Damage. Such coverage should include (at the stated limits) Contractual Liability, Management Liability/Errors and Omissions, Product Liability, Professional Health Care Liability, Liquor Legal Liability, and Host Liquor Liability. The VILLAGE shall be named as an additional insured with regard to the insurance types provided in this section.

• ii. Business Automobile Liability with a single limit for each accident of $1,000,000 for Bodily Injury and Property Damage, and including Mutula Aid coverage. In additional, Comprehensive and Collision coverage, with deductible of no greater than $5,000 shall be provided on all vehicles and equipment used to respond to calls for service.

• iii. Excess/Umbrella Liability with a single occurrence and in the aggregate limits of no less than $5,000,000

4. The VILLAGE will pay and provide Volunteer Firefighter Benefits coverage for the membership of the COMPANY with at least statutory limits of coverage and will also pay and provide Cancer Coverage for Interior Certified Firefighters, subject to data provided by the COMPANY and the sharing of costs addressed in the joint contract between the COMPANY and the Village of Red Hook and the Town of Red Hook.

5. The COMPANY will procure and arrange all training and certification requirements for its members. The COMPANY shall be responsible for all maintenance and operating expenses for all vehicles and equipment in order to supply the fire and emergency service response required under the terms of this Agreement.

6. This contract shall extend for a period of two (2) fiscal years, commencing on June 1, 2023.

7. In consideration of furnishing fire protection and emergency service to the VILLAGE, the COMPANY will receive a sum of One hundred twenty thousand three hundred five DOLLARS ($120,305) for fiscal years 2023-2024 and then One hundred twenty thousand three hundred five DOLLARS ($120,305) for 2024-2025, commencing on June 1, 2023 and concluding on May 31, 2025, which sums shall be paid in installments

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of $60,000 on the 31[st] day of July of each year, and the balance in two equal installments on January 15[th] , and April 15[th] of each fiscal year upon submission of an invoice.

8. In recognition of the specialized nature of the services to be provided by the COMPANY, the VILLAGE and the COMPANY hereby agree that neither this Agreement, nor the duties and obligations of the COMPANY hereunder, nor the performance of any of the services to be provided by the COMPANY shall be transferred or assigned by the COMPANY in whole or in part, without the prior written consent of the VILLAGE.

9. The COMPANY shall provide to the VILLAGE prior to its monthly Village Board meeting, a monthly report of the most recently available data (no more than two months prior) of the number of calls responded to by the COMPANY both in the Village of Red Hook and outside the Village including date, time, location, and type of call.

10. The VILLAGE hereby agrees to undertake the responsibility, through its DPW Department personnel, for lawn mowing and the snow plowing and salt/sand treatment of the driveway apron and parking lot of the COMPANY firehouse; but leaving a fourfoot swath unplowed at the building perimeter and not clearing any sidewalk areas.

11. The VILLAGE will mow open areas and areas near the firehouse but will not do landscaping or edge trimming. The Village will continue to mow the grass under the solar panels in the easement area.

12. The VILLAGE will fund an annual $2,500 capital account budget line that can be used to reimburse the COMPANY for capital expenses it incurs, upon submission of qualifying invoices to the VILLAGE.

Further, the parties recognize the items in sub-paragraphs 4, 10, 11 & 12 have value over and above the contract amount. These are stated in addenda attached as exhibits.

IN WITNESS WHEREOF, the VILLAGE has caused this Agreement to be signed by the Mayor, and the COMPANY has caused this Agreement to be executed by its duly authorized officer and its corporate seal to be affixed by such officer, in each case as of the date first set forth above.

VILLAGE OF RED HOOK

DATE:

_____________________________________ BY: KAREN SMYTHE, Mayor

RED HOOK FIRE COMPANY, INC.

DATE:

______________________________________ BY:

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ADDENDUM – FIRE COMPANY AGREEMENT

Values – Mowing, Plowing 2023-25 Seasons and Easement

MOWING -

SEASON APRIL 15 – OCTOBER 15 = 26 WEEKS

ONE MOWING PER WEEK WITH ZERO TURN UNIT AND OPERATOR, ASSUMING ONE HOUR NEEDED.

MACHINE TIME PLUS OPERATOR WITH BENEFITS = $65.00/HOUR

$65.00 X 26 EVENTS = $1,690

SNOW PLOWING –

SEASON NOVEMBER 01 – APRIL 15 = 24 WEEKS

PRESUME 30 PLOW EVENTS – PLOW UP TO 4 FEET FROM BUILDING ON APRON TO BAYS AND GENERAL PARKING AREA, NOT INCLUDING SIDEWALKS. SAND/SALT MATERIALS PRICE BY PRIOR DATA.

TRUCK TIME PLUS OPERATOR WITH BENEFITS @ $100/HR X 1.25 HOURS. $125.00 X 30 EVENTS = $3,750

SAND/SALT MATERIALS - $20 X 30 = $600 (300-400 POUNDS PER RUN)

SNOW PLOWING VALUE = $4,350

SOLAR EASEMENT VALUE

FIRE COMPANY SAVINGS ON POWER AT FIRE HOUSE REPORTED AT $5,000 - $6,000 ANNUALLY (FD TO CONFIRM) **

GROSS VALUE OF VILLAGE SERVICE AND EASEMENTS = **$11,040 - $12,040

NOTE: THESE FIGURES ARE HYPOTHETICAL, ESTIMATED FROM PRIOR LABOR AND MATERIAL COSTS AND DO NOT DIRECTLY AFFECT BASE CONTRACT PAYMENTS NOR ARE THEY TO BE CREDITED OR DEDUCTED AGAINST BASE CONTRACT PAYMENTS.

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ADDENDUM – FIRE COMPANY AGREEMENT Insurance, LOSAP & other Benefits 2023-25

CANCER INSURANCE (GLATFELTER) @ $2464 (2024)

WORKERS COMPENSATION (NYSIF) $58,589 (2024-25)

LOSAP ADMINISTRATION (PENFLEX) $3,517 (2024)

LOSAP INVESTMENT MANAGEMENT (RBC) $2,000

LOSAP BENEFIT CONTRIBUTION @ $8,000/yr RESERVE FUND $2,500/yr

TOTAL OTHER BENEFITS: $77,070

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