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HomeMy WebLinkAboutProposed Contract--Fire Protection--City and Town of Ithaca 2026-2030 Page 1 of 25 THIS AGREEMENT Made as of the 1st day of January, 2026, by and between THE CITY OF ITHACA, Tompkins County, New York, (hereinafter referred to as the “City”), party of the first part, and THE TOWN BOARD OF THE TOWN OF ITHACA, (hereinafter referred to as the “Town”, acting as and for the Fire Protection District of the said town. WITNESSETH: WHEREAS, the party of the first part is the City of Ithaca, and has under its control and custody personnel and fire fighting equipment of the Ithaca Fire Department, and WHEREAS, there has been duly established in said Town a fire protection district known as “Town of Ithaca Fire Protection District”, embracing all of the territory in said Town, except the Village of Cayuga Heights, and WHEREAS, following a public hearing duly held pursuant to New York Town Law § 184, said Town was duly authorized to contract with the party of the first part for fire protection and emergency medical service to the portion of said district hereinafter defined, upon the terms and provisions herein set forth; NOW, THEREFORE, IT IS MUTUALLY AGREED as follows: 1. Provision of Services. The City shall provide for the portions of the Town of Ithaca Fire Protection District covered by this Agreement fire protection services and emergency medical services equal in level, types and quality to the services the Ithaca Fire Department provides throughout the City. The Ithaca Fire Department shall, to the best of its ability perform its services using the methods, equipment and apparatus, numbers of personnel, timing, and degree of skill and care ordinarily exercised under similar conditions by experienced, competent and reputable fire departments operating in the same or similar locality at the time of performance. The Ithaca Fire Department shall, to the best of its ability keep its facilities, Page 2 of 25 apparatus and equipment in good working condition at all times. The City and Ithaca Fire Department shall comply with all applicable laws and regulations in carrying out their duties under this Agreement. The portions of the Town of Ithaca Fire Protection District covered by this Agreement are hereafter referred to as the “Town of Ithaca Covered Area” and are described as follows: ALL of the Town of Ithaca, excepting the following areas: (a) The Village of Cayuga Heights; (b) The northeast section of the Town of Ithaca that is situated east of the east boundaries of the Village of Cayuga Heights and the City of Ithaca, south of the Village of Lansing/Town of Ithaca boundary, west of the Town of Dryden/Town of Ithaca boundary and north of a line described as follows: Beginning at a point where Forest Home Drive intersects the east boundary of the City of Ithaca with the Town of Ithaca, thence southerly along the Town/City line approximately 250 feet to the westerly end of a dead-end service road running behind the Botanic Gardens Horticulture Building, thence easterly along the toe of a slope of an uphill grade to the south, crossing Judd Falls Road and Caldwell Road and continuing easterly and southeasterly to a point along the center of the elevated grade that runs between the Arboretum Road and New York State Route 366, thence northerly and northeasterly to a point at the northwest corner of the parking area attached to the former Cornell University Transit Facility, and thence northerly to the point where Forest Home Drive crosses the boundary line between the Towns of Ithaca and Dryden. Such southerly line is more particularly shown on the map attached as EXHIBIT A by the dashed line running generally easterly from the Town of Ithaca/City of Ithaca boundary to the Town of Ithaca/Town of Dryden boundary. Generally, the intent is to exclude from the service area those buildings and properties generally accessed from Arboretum Road and north, and to include in the service area Page 3 of 25 those buildings and properties that are generally accessed from Tower Road, from Judd Falls and Caldwell Roads south of Arboretum Road, or accessed from NYS Route 366, and south. The Cornell University Filtration Plant is excluded from the area to be serviced under this Agreement (this exclusion being the only change in territorial coverage in this Agreement compared to the January 1, 1995, agreement between the parties). Notwithstanding the foregoing, those portions of the Cornell University North Campus Residential Expansion (“NCRE”) sited within the Town are included in the area to be serviced under this Agreement. The parties agree that the Town may, on at least six months’ written notice to the City, and without the approval of the City, eliminate any lands from the Town of Ithaca Covered Area, provided, however, that such elimination shall not alter the Town’s payment to the City as set forth in Section 5 hereof until January 1 of the year following notice of at least six months. The Town may not add to the Town of Ithaca Covered Area without the written consent of the City. 2. Fire Hydrants. (a) To aid in the determination of hydrant and water source locations with reference to particular alarms, the Town shall furnish to the City the most recently available map of all areas of the Town having hydrant service, showing hydrant locations, normal static hydrant pressure, hydrant flows, static water sources, streets and highways, location and addresses of improved properties with hydrants and the identity of the owner thereof. It shall be the sole responsibility of the Town of Ithaca to provide the City with updated changes in hydrant locations, static sources, and to the related data set forth herein, immediately as they occur. Revised maps reflecting such changes shall be provided at least quarterly. The Ithaca Fire Department shall be entitled to rely on such map and shall not be responsible for any inaccuracies therein. (b) The Town of Ithaca shall perform all water system testing required by the Insurance Services Organization (ISO), at the frequency specified. The Town will adopt and maintain the Page 4 of 25 NFPA color coding system indicating hydrant flows. (c) The Town of Ithaca shall provide information on any impaired hydrant or system as soon as practicable after the Town becomes aware of the impairment, and on any new or modified installation that does not meet minimum standards as specified by the American Water Works Association (AWWA), the National Fire Protection Association (NFPA), or the New York State Uniform Fire Prevention and Building Code. (d) The Town shall maintain an inventory of replacement hydrants adequate to ensure timely replacement of damaged hydrants when necessary. (e) For purposes of maintenance and testing, any hydrant use by the Ithaca Fire Department shall be according to procedures established by the Town and/or the Southern Cayuga Lake Intermunicipal Water Commission (Bolton Point). 3. Use of Mutual Aid. The City warrants and covenants that as soon as a serious fire or other emergency results in a situation that could potentially leave the Town of Ithaca Covered Area without adequate coverage from the Ithaca Fire Department, the City, through its Fire Department, shall immediately seek protection through the Tompkins County mutual aid assistance agreement first dated September 12, 1955 and revised February 25, 2016, as it may be further amended or renewed from time to time, which provides coverage to the Town of Ithaca through deployment of equipment and/or personnel brought into the City or the Town of Ithaca pursuant to the City’s request for mutual aid. 4. Term and Review. (a) The initial term of this Agreement shall be January 1, 2026 through December 31, 2028. Unless a party gives the other party notice of intent not to renew by January 1 of the year in which the Agreement terminates, this Agreement shall automatically renew for up to (2) one- year terms on the same terms and conditions as those set forth in this Agreement. (For the sake of clarity, notice of non-renewal must be given by January 1, 2028 if the Agreement will not be renewed beyond its initial three-year term ending December 31, 2028. Notice of non-renewal Page 5 of 25 must be given by January 1, 2029 if the Agreement will not be renewed beyond its first renewal period ending December 31, 2029.) (b) Upon 60 days written notice by either party of a need for a modification, the parties may agree to re-enter negotiation for the purpose of making such change or modification as may be agreed upon. In addition, the parties will hold a joint annual review no later than August 15, 2026, and August 15 of each subsequent year of this Agreement. The purposes of the annual review are to clarify any confusion in the Agreement, review expenditures, propose any changes to the Agreement and discuss any changes in Fire Department operations and costs regarding the provision of the services cited in this Agreement for the next year. 5. Payments by Town. Town Law § 184(5) requires contracts for town fire protection districts to state a definite sum to be paid each year for all of the services to be rendered thereunder. The Town shall pay the City the following annual sums for the City’s services under this Agreement: 2026: $5,317,062 2027: $5,646,713 2028: $5,996,809 (If renewed): 2029: $6,368,611 2030: $6,763,465 The Town shall pay each annual sum in twelve (12) equal monthly payments. Each monthly payment shall be due by the fifteenth (15th) day of that month. The parties agree that the annual sums set forth above for 2026-2030 shall be adjusted pursuant to the following methodology. The parties agree to amend this Agreement accordingly and in as expeditious a fashion as possible to state the adjusted sums once they are agreed upon. Under no circumstances shall the total amount paid by the Town in any calendar year, plus any adjustment for that year paid in the subsequent year, exceed the Town’s share of the annual Page 6 of 25 budgeted amount for Net Expenditures (defined in Section 5(e)(i) below and approved by the Town in Section 6 below) without the Town’s prior written approval of any budget changes resulting in such increase. (a) Net Expenditures. The Town’s annual sums for the years 2026-2028 (and if renewed, for 2029 and 2030) shall be adjusted upward or downward by the amount of any Town underpayment or overpayment, as the case may be, for the preceding year. Each year, the Town’s share of the preceding year’s annual Net Expenditures for the Ithaca Fire Department shall be calculated as set forth below in Sections 5(b) et seq. On or before the 10th of each month, the City shall supply to the Town a statement in substantially the form annexed hereto as EXHIBIT B certified by the Fire Chief or City Controller as being true and correct detailing the actual revenues and expenditures of the Ithaca Fire Department for the preceding month. The actual annual Net Expenditures for a calendar year will be determined by March 31 of the subsequent calendar year, with a corresponding adjustment being made in the next monthly payment after the Agreement is amended to reflect the adjustment. Any additional recommended or required adjustments resulting from any State Comptroller’s audit, the City Controller’s report, or an independent auditor’s report shall become the subject of review, discussion and agreement between the parties prior to any such adjustment being reflected in any subsequent payment. This Agreement shall be amended as soon as possible once adjustments are agreed upon to reflect all adjustments. The City shall maintain records and accounts of all activity, income, expenses, receipts and payments relating to the Ithaca Fire Department, which accounts shall include all of the line items set forth in EXHIBIT B. The City, upon prior reasonable notice, shall provide the Town and its agents access to the City’s accounting books, records, accounts, payroll documents and facilities that are directly pertinent to this Agreement for the purposes of examining, auditing, and inspecting all accounting books, records, work data, documents, and activities related to this Agreement. The City shall maintain such books, records, data and documents in accordance with generally accepted accounting principles and shall clearly identify and make such items accessible to the Town and its agents during the City’s performance under this Agreement and Page 7 of 25 for a period of six (6) years from the date of the Town’s final payment. The City shall permit the Town and its agents to reproduce documents or excerpts of documents by photocopying or electronic means, provided that the Town shall reproduce such documents on the City’s premises unless it receives prior consent from the City to do so off-site. The City will provide the Town with a copy of the City Controller’s annual financial report for the Ithaca Fire Department within 120 days of the close of the calendar year unless the time is extended by mutual written agreement. The City shall provide to the Town copies of an annual independent auditor’s report and any State Comptroller’s audit report that includes Ithaca Fire Department operations within 14 days of receipt of such reports. All adjustments for each municipality’s share shall be finalized as each final report is received, subject to the parties’ review and discussion as set forth above. Upon expiration of this Agreement or if this Agreement terminates early, instead of applying adjustments to future payments, the adjustments shall be made in cash from one party to the other no later than June 1 immediately following the March 31 finalization of actual costs, and with respect to adjustments flowing from final figures as determined by the State Comptroller, the City Controller, and/or the independent auditor, within one month of the date of receipt of the final report from each of said persons or entities, respectively. (b) The total taxable assessed valuation of real properties in the City shall be combined with the total taxable assessed valuation of real properties in the Town of Ithaca Covered Area. Such amounts are hereinafter referred to as the “Combined Taxable Assessed Valuation”. The taxable assessed valuation of such real properties shall be determined by using the most recent Final Assessment Roll numbers that exist prior to the calendar year in question. (c) The portion of the Combined Taxable Assessed Valuation located within the Town of Ithaca Covered Area shall be divided by the total Combined Taxable Assessed Valuation. The result is referred to hereinafter as the “Town’s Percentage”. Page 8 of 25 (d) For Net Expenditures that do not exceed the adopted budget for the preceding year, the Town’s Percentage shall be multiplied times the Net Expenditures for the preceding year, and the resulting figure shall be deemed the Town’s Percentage Share. The difference between the Town’s Percentage Share and the annual sum stated above for the relevant year shall constitute the adjustment described in this Section. For Net Expenditures that exceed the preceding year’s adopted budget (including but not limited to expenditures for overtime and equipment), the Town’s share and the corresponding adjustment will be calculated by multiplying (i) the five-year rolling average of the Town’s percentage of the total number of calls for fire and emergency medical services by (ii) the amount by which Net Expenditures exceed the adopted budget. The Ithaca Fire Department will provide the Town on an annual basis the total number of calls for service and the Town’s percentage of that total. For 2026, the Town’s percentage of total calls for service is 23.7%. (e) For the purpose of this Agreement (including Sections 5(b) through 5 (d) above) the following terms shall have the following meanings: (i) The term “Net Expenditures” shall mean the actual expenditures of the Ithaca Fire Department including the items set forth in the budget discussed below, less all revenues received by the City for Fire Department operations except for the Town’s payments pursuant to this Agreement and except for general tax revenues raised by City taxes. The following matters shall govern the calculation of “Net Expenditures”: (A) There will be included in revenues any amounts received by the City or the Town from any contributions from any tax-exempt entity provided for fire protection or emergency medical services, refunds, gifts, grants, state or federal aid related to the Ithaca Fire Department, income from the sale of Fire Department assets, code and any other inspection fees or enforcement revenues related to services performed by Fire Department personnel, rental income, and any other forms of income payable to the Fire Department, to the Page 9 of 25 City, or to any other entity associated with either, for Fire Department-related activities or expenses. (B) Only expenses relating directly to the operation of the Ithaca Fire Department shall be included in Net Expenditures (e.g., equipment purchase and maintenance, building purchase, renovation or maintenance, salaries and fringe benefits of Fire Department personnel, gasoline, supplies, and other items directly related to the operation of the Fire Department). (C) To the extent there is equipment or buildings that are used by the Ithaca Fire Department and by other City departments or personnel, there shall be a reasonable allocation of the expenses related to such equipment or buildings between Fire Department and non-Fire Department uses, with only the portion attributable to the Fire Department to be included when determining Net Expenditures. Occasional use by other entities (City or otherwise) or for other purposes such as for a polling place, SRT exercise facility, or similar occasional uses that are not inconsistent with Fire Department use, do not require allocation. (D) Both parties understand that there are general City overhead expenses outside of the internal Ithaca Fire Department administrative services that are required to operate the Fire Department. These include expenses from the City Manager’s Office, City Controller’s Office, Department of Public Works, Department of Information and Community Engagement, City Chamberlain’s Office, City Attorney’s Office, and Human Resources Department. These and other such expenses shall be considered administrative fees. The Town shall pay the City Three Hundred Thirty Thousand Dollars ($330,000) for its share of such administrative fees for the year 2026. The administrative fees are included in the annual sums listed for the years 2026-2030 at the beginning of Section 5, and the Town shall pay the City this fee in equal installments on a monthly basis as part of its annual sum payments. For each year after 2026, the Page 10 of 25 Town’s share of the administrative fees to be included in the annual sum shall be calculated by multiplying 6.617% by the Town’s Percentage Share (defined in Section 5(d) above) of that year’s budgeted Net Expenditures for the Ithaca Fire Department. (E) In addition to the amounts included in Net Expenditures pursuant to subparagraphs (A) through (D) above and subject to the provisions of subparagraphs (F) through (H) below, there shall be included in Net Expenditures any required debt service payments related to equipment and/or buildings dedicated solely to Ithaca Fire Department use, provided that the debt service relates to bonds or notes issued for a period equal to the period of probable usefulness for the capital item as determined by the Local Finance Law of the State of New York (presently Section 11.00 of such Local Finance Law), unless the Town consents to a shorter period. (F) No depreciation shall be included in the calculation of Net Expenditures. (G) Net Expenditures include (I) actual expenses incurred by the City, and not reimbursed from bonds or other forms of debt, to pay for equipment (including capital renovations to existing equipment) and improvements (including renovations or additions to the Town and City fire stations) and (II) the debt service expenses (principal and interest payments) during the year for any debt incurred to pay for equipment or improvements. It is the intention that if equipment is purchased and paid for in cash during the year, the entire cost of the equipment shall be included in Net Expenditures. If equipment is purchased and paid for by financing over a period of years, only the portion of debt paid during the year shall be considered as part of Net Expenditures. There is included in Net Expenditures any debt service during the year in question related to purchases or construction in earlier years of this or any preceding contract, provided that Page 11 of 25 no purchases or construction incurred earlier than 1989 shall be so included. (H) Expenditures out of grants received for purposes that would not otherwise be authorized expenditures under the terms of this Agreement may nevertheless be included in Net Expenditures up to the amount of grant revenues received to cover such expenditures. (ii) The term “budget” means the budget prepared and formatted as set forth in this Agreement in the form attached as EXHIBIT B with review by the Town, which includes the revenues and expenditures authorized for inclusion by the terms of this Agreement as the same is adjusted in each succeeding year as set forth herein to reflect the actual expenses and revenues of each year. 6. Review of Operating Budget. The City agrees to provide the Town with the budget proposed to the City Manager by the Ithaca Fire Department by September 1 of each year, and the City Manager’s proposed budget by the first Wednesday of October in each year. The form of the budget shall include, at a minimum, all of the line items set forth in the Year 2026 budget summary attached as EXHIBIT B. The Town Board shall have the opportunity to provide input to the City Manager and Council during the balance of the budget deliberation process. The Town shall be notified of, and have the opportunity to attend and participate in, the Common Council budget meetings which may be held to review and approve the Ithaca Fire Department’s capital and operating budgets. The City shall provide notice of such meetings as soon as they are scheduled. 7. Approval of Capital Budgets. The City agrees to provide the Town with the capital improvement budget requests proposed to the City Manager by the Ithaca Fire Department by September 1 of each year, and the City Manager’s proposed budget by the first Wednesday of October of each year. The parties agree that capital renovations in excess of $100,000 per project or aggregating in excess of $200,000 per annum, and new station construction, shall be accomplished within a capital budget for each project. The budgets shall be approved by the appropriate governing body of each municipality prior to commitments for construction or Page 12 of 25 financing of any of such projects by the City. For the purposes of this Agreement a “capital” expenditure or renovation shall mean any improvement of a capital nature having a period of probable usefulness set forth in Section 11.00 of the Local Finance Law. (a) The replacement schedule for "heavy apparatus," e.g. engines, aerial ladders, and light rescues, shall be based upon a 15 year useful life. The replacement of Heavy Rescue shall be based upon a 20 year useful life. (b) EXHIBIT C shall project for the succeeding 15 years the proposed replacement schedule for fire apparatus costing in excess of $100,000 per vehicle. 8. Payment of Fire Department Expenses. No Ithaca Fire Department expenses shall be paid out of any of the funds paid by the Town hereunder except in accordance with established City procedures authorized by the Common Council. No payments out of any funds paid by the Town hereunder shall be authorized in any budget line in excess of the total amount of the Fire Department Budget until the budget has been adjusted in accordance with procedures for budget adjustments authorized by the Common Council or as otherwise provided by law. Without limiting any other remedy of the Town, if payments are made in violation of this provision, the Town may withhold future installments until there is compliance with this provision. 9. Fire Stations in Town, Manner of Title, Lease, Reimbursement. Title to the land for the existing fire stations located on South Hill at 965 Danby Road and West Hill at 1240 Trumansburg Road in the Town was taken in the name of the Town and then leased by the Town to the City by a Lease Agreement dated July 14, 1989, currently pending modification and renewal, attached hereto as EXHIBIT D. The Lease Agreement, as it may modified and renewed, contains further relevant provisions about these fire stations. The parties agree that the terms of the Lease Agreement shall continue to govern until such time as this Agreement expires or the Lease Agreement is modified or renewed. Page 13 of 25 10. Insurance. (a) The City as the lessee of the real property underlying the South Hill (Station 5) and West Hill (Station 6) fire stations shall provide adequate property insurance coverage for the property and buildings during the duration of the lease. The cost of the insurance shall be included in the annual operating budget of the Fire Department. The City shall name the Town as an additional insured on said coverage. Proof of such coverage is set forth as EXHIBIT E, and such coverage shall be maintained throughout the term of this Agreement. (b) The City shall also procure and maintain the following insurance coverages with limits of liability not less than the limits specified. Except for collision and comprehensive and workers’ compensation and disability coverage, insurance coverages shall not be provided by self-insurance. (i) Commercial General Liability: including Premises/Operations, Contractual Liability, Products/Completed Operations, Personal Injury and Broad Form Property Damage--Occurrence Form required. The Town of Ithaca and its officers, employees, board members, agents and elected officials are to be included as Additional Insureds with respect to fire protection and other related services rendered to the Town. (ii) Automobile Liability: $1,000,000 - Any Owned, Hired and Non-Owned Autos. The Town of Ithaca and its officers, employees, board members, agents and elected officials are to be included as Additional Insureds with respect to fire Page 14 of 25 protection and other related services rendered to the Town. (iii) Umbrella Policy: $5,000,000 – Occurrence Form Required. Must state Follow Form of General Liability and Automobile Liability Policies. Statement regarding Follow Form coverage must be on certificate of insurance. (iv) Additional Specifications: All insurance shall be written with insurance carriers licensed by the State of New York Insurance Department and have an AM Best’s Rating of A XI or better. Prior to the execution of this Agreement and throughout the term of the Agreement, the City shall furnish the Town with written evidence from its insurer(s) of the insurance coverage described herein through use of certificates of insurance acceptable to the Town. Broker signature is not acceptable. All certificates shall contain a thirty (30) day notice of cancellation, non- renewal or material change to the Town of Ithaca. The City shall not take any action to cancel or materially change any of the insurance required under this Agreement without the Town’s prior written approval of such cancellation or change. The foregoing insurance coverage is not intended to nor does it limit the liability of the City to hold the Town harmless. (v) Proof of the coverage required by this subparagraph b is set forth as EXHIBIT F and such coverage shall be maintained throughout the term of this Agreement. 11. Equipment Reimbursement. Upon termination of the Agreement for any cause the Town shall be entitled to receive 32.3% of those items of equipment which originally cost $25,000.00 or more, or 32.3% of the dollar value of such equipment purchased by the City during the term of this Agreement reduced by the depreciation on such equipment. For this purpose equipment so purchased shall be depreciated on a straightline basis over fifteen years assuming a 20% residual value. To the extent feasible the equipment to be transferred to the Town will be the equipment located in the stations located within the Town. Such conveyance shall be by such appropriate documentation such as bills of sale, vehicle registration, etc. as may be Page 15 of 25 reasonably required by the attorneys for the Town. If the City fails to transfer such items, the Town may seek specific performance in addition to any other remedies available to the Town under law or equity. Notwithstanding the foregoing, if the City terminates the Agreement pursuant to Section 21 because the Town has not authorized payment of a Town share of Net Expenditures that exceed an approved budget, the Town’s financial interest in the equipment described above shall be reduced by the amount of the unpaid share. 12. INTENTIONALLY OMITTED. 13. Staffing Levels. As of December 1, 2025, the number of paid career personnel in the Ithaca Fire Department used as a basis for determining shared costs under this Agreement is 54 permanent firefighters, eight lieutenants, six assistant chiefs, one deputy chief, one fire chief, one administrative assistant, and one administrative coordinator, for a total of 72 positions. In the event that the City proposes to approve additional positions, such positions must be approved in writing by the parties hereto and made an amendment to this Agreement in order to be considered as a shared cost. Should the City choose to add any positions which are not approved in writing by the Town, all costs relating thereto will be borne solely by the City. Should the Town request the addition of any paid positions or paid career personnel which are not approved in writing by the City, all costs relating thereto will be borne solely by the Town. Unless the Town agrees in writing to a lesser level of staffing, the City agrees that each of the two fire stations located in the Town of Ithaca will be staffed in the same manner as individual stations in the City. 14. Town Inclusion in Fire Department Governance. (a) Updates. The Fire Chief shall, by email or in hard copy, provide to the Town quarterly written updates regarding substantial fiscal or operational issues as to which new information (since the previous written update) may usefully be provided. The Fire Chief shall additionally provide such oral updates to the Town as and when reasonably requested. Page 16 of 25 (b) Fire Chief Search Committee. On such occasions as the City is establishing a search committee pursuant to Section C-26 of the City Charter for appointment of the position of Fire Chief, an appropriate representative of the City shall provide the Town with written notice of the same, and thereafter the City Manager of the City shall appoint as a nonvoting member of the search committee one designee of the Town from two names recommended by the Town Board of the Town of Ithaca, provided, however, that the Town may initially recommend one name if that name subsequently proves satisfactory to the City Manager. In the event that a Town- recommended nonvoting member of the search committee has not been appointed by the City Manager, the search committee may begin its work subject to that member joining the search committee as soon as appointed, said appointment not to be unreasonably delayed. The Town-recommended member of the search committee shall maintain the confidentiality of information obtained during the search process to the same standard and requirements as other members of the search committee. (c) Strategic Planning. On such occasions as the City is establishing a formal Strategic Planning committee specific to the Fire Department, the City shall provide a Town designee with a seat on that Committee according to the same procedures and requirements as specified in the immediately preceding subsection (b). 15. Indemnity. To the maximum extent permitted by law, the City shall defend, indemnify, and hold the Town, its elected officials, public officers, employees, boards and agents harmless from all damages, losses, claims, actions and lawsuits by third parties (including those asserted or brought by Ithaca Fire Department employees and volunteers) for personal injury, death, property damage (including loss of use), contamination of or adverse effects to the environment, or other damages or losses caused by or claimed to be caused by, or arising from or claimed to arise from, the City’s answering of calls for fire protection or emergency medical services in the Town or other provision of services related to this Agreement, or arising out of this Agreement in any other way. Such indemnity shall include settlements and reasonable costs of defending such claims, including attorney’s fees. To the extent the Town is negligent, the City’s indemnification shall not extend to the proportion of loss attributable to the Town's Page 17 of 25 negligence. The City’s indemnification also shall not extend to the proportion of loss attributable to the Town's negligence in the event of payments to injured firefighters or representatives of deceased firefighters under the Workers Compensation Law, General Municipal Law, or other New York statutes, where the aforementioned laws allocate liability to the Town for such payments. The obligation to indemnify shall survive termination of this Agreement whatever the cause of such termination. Indemnification shall be provided for all acts, failures to act, or occurrences occurring during the term of this Agreement. The City shall provide such indemnification for any claims made with respect to actions by the City prior to the termination of this Agreement even if the claim itself is not made until after termination of the Agreement. 16. Exculpation. Nothing herein contained shall be deemed to limit in any lawful way any lawful right of the City, the Town, or any member of the Ithaca Fire Department provided by the general statutes of the State of New York, provided that this provision shall not be deemed to abrogate or modify any rights or obligations provided for in this Agreement. 17. Authority of Chief. It is specifically understood and agreed that the number of personnel, the amount and type of apparatus and equipment dispatched in answer to a fire call or to an emergency medical services call, the manner of fighting the fire, or handling the medical services, and other operations upon the scene of the fire or medical emergency, are matters within the judgment of the Fire Chief of the City of Ithaca Fire Department (the “Chief”) or the Chief's designees. The City and its officers shall use sound professional judgment based on generally accepted standards in the provision of its fire protection, emergency medical, emergency, and non-emergency services provided pursuant to this Agreement. The word “Chief” shall mean the person duly appointed to that office in the Ithaca Fire Department by the City Manager of the City. 18. Payment of Moneys from Foreign Insurance Companies. The payment by the Town to the City of moneys collected by or received from foreign insurance companies writing property insurance in the Town of Ithaca Fire District for the benefit of the active firefighters serving the Town of Ithaca Covered Area shall be governed by a separate agreement between the parties. Page 18 of 25 19. Audits. The Town reserves the right to cause an audit of City accounts related to this Agreement on demand. If an overpayment error equal to or exceeding 5% of the Town’s share is not found after final settlement of the preceding year, such audit shall be done at the expense of the Town. If an overpayment error equal to or exceeding 5% of the Town’s contract share is found after final settlement of the preceding year, the City shall pay for such audit. (An overpayment error in this context is defined as a calculation of the Town’s contribution that resulted, or would have resulted, in an overpayment by the Town.) 20. Building Code and Parking Enforcement. The parties agree that each party shall have the respective rights, obligations, and duties with respect to enforcement of the Uniform Fire Prevention and Building Code set forth herein. (a) The Town of Ithaca shall provide to the Ithaca Fire Chief reports of all fire safety inspections conducted on premises within the Town of Ithaca Covered Area. (b) The Town of Ithaca shall provide the Ithaca Fire Department Chief or designee the opportunity to review all plans and proposals requiring Fire Department access and to make recommendations to the Town’s Director of Code Enforcement as to whether the Town should approve such proposed Fire Department access. (c) The City’s issuance and prosecution of tickets for fire lane and handicapped parking violations in the Town shall be governed by a separate agreement between the parties. 21. Termination and Dispute Resolution. (a) Notwithstanding any other provision contained herein, either party may terminate this Agreement by giving written notice of such intention to terminate to the other party to be received by the other party at least one full calendar year prior to the date of intended termination. If the Town is the terminating party, it must hold a public hearing pursuant to New York Town Law § 184(8) before it gives written notice of its intention to terminate. (b) If a party alleges that the other party is in breach of this agreement, or if the Town Page 19 of 25 notifies the City that the Town will not authorize payment of a share of Net Expenditures that exceed an approved budget, the City Manager and Town Supervisor shall meet to discuss the matter within fourteen days after one party notifies the other party that they wish to invoke this provision. If the City Manager or Town Supervisor are not satisfied with the meeting’s outcome, then upon the written request of either party, the matter shall be referred to a mutually agreed-on mediator for non-binding mediation, with the cost borne equally by the parties. If such mediation does not produce a mutually acceptable resolution, a party may thereafter terminate this Agreement upon the shorter of (a) six months’ notice running from the termination of the mediation process, or (b) nine months’ notice running from the date of the initial meeting between the City Manager and Town Supervisor pursuant to this subparagraph ii. 22. Written Notice. Where notification is required by this Agreement to be given to a party, it shall be in writing and shall be delivered to the Town Supervisor (if the notice is to the Town), or the Ithaca Fire Department Fire Chief (if the notice is to the City), with delivery by hand, certified mail, a commercial courier service, or email with read receipt confirmation to the other party at the addresses below or such other address as is hereafter designated in writing by that party. Notice of a change of address must be made in the same manner as other notices. Notices shall be deemed given when they are received. Notices to the City are to be addressed to: Ithaca City Manager 108 East Green Street Ithaca, New York 14850 Email: citymanager@cityofithaca.org Ithaca Fire Department Fire Chief 108 East Green Street Ithaca, New York 14850 Email: ithacafire@cityofithaca.org Page 20 of 25 with a copy to: Ithaca City Controller 108 East Green Street Ithaca, New York 14850 Email: wcole@cityofithaca.org Ithaca City Attorney 108 East Green Street Ithaca, New York 14850 Email: attorney@cityofithaca.org Notices to the Town are to be addressed to: Ithaca Town Supervisor 215 N. Tioga Street Ithaca, New York 14850 Email: RHowe@townithacany.gov with copies to: Ithaca Town Finance Officer 215 N. Tioga Street Ithaca, New York 14850 Email: Finance@townithacany.gov Ithaca Town Clerk 215 N. Tioga St. Ithaca, New York 14850 Email: clerks@townithacany.gov Page 21 of 25 23. Workers Compensation and Disability Insurance. If the City ceases to self- insure for workers’ compensation and/or disability coverage, the City shall present to the Town proof that the City provides the levels of workers’ compensation and/or disability coverage required by the State of New York. 24. Independent Contractor. The City will be at all times an independent contractor and not an agent for the Town. The City shall be fully responsible for all acts and omissions of its employees, volunteers, subcontractors, and suppliers, and specifically will be responsible for sufficient administration and supervision to ensure compliance in every respect with the Agreement requirements. There will be no contractual relationship between any subcontractor or supplier and the Town by virtue of this Agreement with the City. No provision of the Agreement will be for the benefit of any party other than the Town and City. The City, and not the Town, is the employer of its employees and is responsible for their wages, hours, benefits, worker's compensation, social security, and all other incidents of employment. 25. No Assignment. This Agreement may not be assigned by the parties. 26. Binding Nature of Agreement. This Agreement is binding upon the parties and their respective representatives and successors. 27. Governing Law, Jurisdiction, and Enforcement. This Agreement is made in New York, and shall be construed under the laws of the State of New York without regard to, or the application of, New York State’s choice of law provisions. Both parties consent that if any action is brought to enforce this Agreement, it shall be brought in an appropriate Court in Tompkins County, New York, and both parties consent to the jurisdiction of such court. 28. Entire Agreement. This Agreement constitutes the entire agreement between the parties and supersedes any and all prior written or oral agreements, negotiations or understandings, existing between the parties. This Agreement may be amended only by written Page 22 of 25 instrument signed by each party and only after the Town holds a public hearing pursuant to New York Town Law § 184(8) and after the City follows relevant City and/or state laws and procedures. 29. Survival. All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating responsibility or liability between the City and the Town shall survive the completion of services hereunder and the termination of this Agreement. 30. Severability. If any provision of this Agreement is deemed to be invalid or inoperative for any reason, that part may be modified by the parties to the extent necessary to make it valid and operative, or if it cannot be so modified, then it shall be deemed severed, and the remainder of this Agreement shall continue in full force and effect as if this Agreement had been signed with the invalid portion so modified or eliminated. The parties’ duly authorized officers have executed this Agreement as of the day(s) and year shown below. [SIGNATURES IMMEDIATELY FOLLOW] Page 23 of 25 CITY OF ITHACA ______________________________________ ________________ Dominick Recckio, Acting City Manager Date APPROVED AS TO FORM ______________________________________ ________________ Robert G. Cantelmo, Mayor Date ______________________________________ ________________ Victor Kessler, City Attorney Date ______________________________________ ________________ Wendy Cole, Acting City Controller Date STATE OF NEW YORK ) COUNTY OF TOMPKINS ) SS.: On the ______ day of ______________ in the year 2025 before me, the undersigned, personally appeared Dominick Recckio, Acting City Manager, 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 Page 24 of 25 TOWN OF ITHACA TOWN BOARD ______________________________________ ________________ Rod Howe, Town Supervisor Date ______________________________________ ________________ Richard DePaolo, Town Board Member Date ______________________________________ ________________ Pamela Bleiwas, Town Board Member Date ______________________________________ ________________ Susie Gutenberger, Town Board Member Date ______________________________________ ________________ Margaret Johnson, Town Board Member Date ______________________________________ ________________ Eric Levine, Town Board Member Date ______________________________________ ________________ Rob Rosen, Town Board Member Date STATE OF NEW YORK ) COUNTY OF TOMPKINS ) SS.: On the ______ day of ______________ in the year 2025 before me, the undersigned, personally appeared Rod Howe, Supervisor of the Town of Ithaca, Richard DePaolo, Town Board Member, Pamela Bleiwas, Town Board Member, Susie Gutenberger, Town Board Member, Margaret Johnson, Town Board Member, Eric Levine, Town Board Member, and Rob Rosen, Town Board Member, personally known to me or proved to me on the basis of satisfactory evidence to be the Page 25 of 25 individuals whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their capacities, and that by their signatures on the instrument, the individuals, or the person upon behalf of which the individuals acted, executed the instrument. _______________________________ Notary Public CITY OF ITHACA VILLAGE OF CAYUGA HEIGHTS TO W N O F E N F I E L D TO W N O F I T H A C A TOWN OF ULYSSES TOWN OF ITHACA TOWN OF CAROLINE TOWN OF DRYDENTOWN O FCAROL I N E TOWN O F DANBY TO W N O F D R Y D E N TO W N O F I T H A C A TOWN OF DRYDEN TOWN OF DANBY TOWN OF LANSING TOWN OF ITHACA VILLAGE OF LANSING TOWN OF ITHACAVILLAGE OF LANSING VILLAGE OF CAYUGA HEIGHTS TOWN OF ITHACA TOWN OF DANBY TO W N O F I T H A C A VIL L A G E O F CA Y U G A H E I G H T S TO W N O F I T H A C A VI L L A G E O F CA Y U G A H E I G H T S City of Ithaca Village of Cayuga Heights Town of Ithaca - IFD Service Area Town of Ithaca - VCHFD Service Area Town of Ithaca Fire Protection District Service Area Boundary Line Town of Ithaca Fire Protection District Service Areas ¯ 0 3,000 6,0001,500 Feet Map prepared 12/17/2025 by Town of Ithaca Engineering with data from Tompkins County GIS and Tompkins County Assessment Sources: Esri, TomTom, Garmin, FAO, NOAA, USGS, © OpenStreetMap contributors, and the GIS User Community, Esri, NASA, NGA, USGS, FEMA EXHIBIT A FUND ORG OBJ PROJECT ACCOUNT DESCRIPTION ORIGINAL APPROP REVISED BUDGET YTD ACTUAL ENCUMBRANCES AVAILABLE BUDGET % USED A A3410 1565 FIRE CODE INSPECTION FEES A A3410 2262 FIRE PROTECTION SERVICE A A3410 2410 RENT OF REAL PROPERTY A A3410 2550 PUBLIC SAFETY PERMITS A A3410 2655 MINOR SALES A A3410 2665 SALE OF EQUIPMENT A A3410 2680 INSURANCE RECOVERIES A A3410 2690 OTHER COMPENSATION FOR LOSS A A3410 2701 REFUND PRIOR YEAR EXPENSE A A3410 2705 GIFTS & DONATIONS A A3410 2770 UNCLASSIFIED REVENUE A A3410 3489 STATE AID-OTHER HEALTH A A3410 5105 12050 ADMINISTRATION SALARY A A3410 5110 12050 STAFF SALARY A A3410 5125 12050 OVERTIME A A3410 5210 12050 OFFICE EQUIPMENT A A3410 5215 12200 VEHICLES A A3410 5225 12150 OTHER EQUIPMENT A A3410 5405 12050 TELEPHONE A A3410 5410 12250 UTILITIES A A3410 5415 12150 CLOTHING A A3410 5420 12250 GAS & OIL A A3410 5425 12050 OFFICE EXPENSE A A3410 5435 12050 CONTRACTS A A3410 5440 12050 STAFF DEVELOPMENT A A3410 5445 12050 TRAVEL A A3410 5450 12050 ADVERTISING A A3410 5455 12050 INSURANCE A A3410 5460 12050 PROGRAM SUPPLIES A A3410 5470 12250 RENTAL A A3410 5475 12250 PROPERTY MAINTENANCE A A3410 5476 12050 EQUIPMENT MAINTENANCE A A3410 5477 12050 EQUIPMENT PARTS A A3410 5480 12250 BUILDING MAINTENANCE SUPPLIES A A3410 5700 PRIOR YEAR ENCUMBRANCES A A3410 5720 PRIOR YEAR EQUIPMENT A A3410 9010 STATE RETIREMENT A A3410 9015 POLICE & FIRE RETIREMENT A A3410 9030 SOCIAL SECURITY A A3410 9040 WORKERS' COMPENSATION A A3410 9060 HOSPITAL & MEDICAL INSURANCE A A3410 9070 DENTAL INSURANCE A A3410 9080 DAY CARE ASSISTANCE A A3410 9085 SUPP BENEFIT PMT TO DISABLE FI A A3410 9710 SERIAL BONDS A A3410 9711 INTEREST ON SERIAL BONDS A A3410 9730 BOND ANTICIPATION NOTES A A3410 9731 INTEREST ON BANS A3410 Total A3410 FIRE DEPARTMENT A Total A GENERAL FUND Revenue Total Expense Total Grand Total Exhibit B Exhibit C ESTIMATED COST OF 10 YEAR TO 15 YEAR TO REPLACEMENT @ 2025 COSTS APPARATUS IN SERVICE RESERVE STATUS DISPOSAL/REPLACEMENT FOR 15 YEAR REPLACEMENT ENGINE #901 2021 2031 2036 $1.5 - $1.6 Million ENGINE #902 2023 2033 2038 $1.5 - $1.6 Million ENGINE #903 2016 2026 2031 $1.5 - $1.6 Million ENGINE #904 2016 2026 2031 $1.5 - $1.6 Million ENGINE #905 2009 2019 2024 $1.5 - $1.6 Million ENGINE #906 2009 2019 2024 Expected in 2027 - in CP already ENGINE #907 2001 2011 2016 Expected in 2026 - in CP already LADDER #931 2013 2023 2028 $2.5 - $2.7 Million LADDER #932 2020 2030 2035 $2.5 - $2.7 Million LIGHT RESCUE #942 2008 NA NA replace 15+ years as needed HEAVY RESCUE #941 2024 NA NA replace 15+ years as needed , ·. c;J',·� '� -�7rr--.�z1;·�· .. , y (r( tit t-. Ye::\ :.f R[ l! L V [ u \�\!J\ 01S�DATE ✓-.�<B) LEASE AGREEMENT • ,JUL 3 1989 -�-:� F-J "';-'• cmcmK. OfflCE � this J:f:__ day of Jc.,}y , 1989, by and between the \ • • lth:O, : . Y. � e ' .(�'-WN OF ITHACA, a municipal entity under the laws of the :�tate of New York, with offices at 126 East Seneca Street, .� Ithaca, New York, hereinafter called the "Lessor", and the \RNEY. GROSSMAN. ROTH Be DUBOW ,TTORNEYS AT LAW -S NOHTH TIOG"I. STREET P.O 8011 65S6 "C"I., NEW YORI< 141151·65!56 CITY OF ITHACA, a municipal corporation formed under the laws of the state of New York, with offices at 108 East Green Street, Ithaca, New York, hereinafter called the "Lessee", WITNESSETH: WHEREAS, the Lessor has and desires to let two certain tracts or parcels of land more fully described in Schedule "A" attached hereto and made a part hereof, and WHEREAS, the Lessee desires to take such tracts or parcels of land and to erect a fire station on each one thereof and use same in accordance with this agreement and in accordance with the terms of the agreement made between the Board of Fire Commissioners and the Common Council of the City of Ithaca and the Town Board of the Town of Ithaca made as of January 1, 1987 relating to fire protection services in the Town o� Ithaca, hereinafter referred to as the "Fire Contract 11 1 NOW, THEREFORE, in consideration of the terms, conditions and covenants herein set forth, it is hereby agreed between the parties hereto as follows: 1.Lessor hereby leases to the Lessee and the Lessee herebytakes the parcels of land more particularly described in Schedule "A" attached hereto and made a part hereof, hereinafter called the "Premises". 2.The Lessee shall pay to the Lessor as rent the sum of$1.00 per year payable annually on the anniversary date of this agreement. 3.The term of this lease shall be thirty (30) yearsprovided, however, that the lease shall terminate upon termination of the Fire Contract. Upon any such termination Lessor shall make the payments to the City relating to the City's indebtedness for the construction of the Fire stations in the manner and in the amounts required by the terms of the Fire Contract. 4.Upon any termination of this lease pursuant to theimmediately preceding paragraph, the Lessee shall convey any and all interest of the Lessee in and to any improvements EXHIBI T D