DRAKEVILLE VFD TANKER PURCHASE #14 On a motion by Commissioner Potter, seconded by Commissioner Benedetto, the Board voted to approve the purchase of a tanker for the Drakeville Volunteer Fire Department. Commissioner Potter amended his motion to change the wording in Article #4, deleting the words "with Precision Fire Apparatus". Commissioner Benedetto amended his second.
Chief Field explained this purchase was approved by the Fire Service Coordination Council two months ago, and there is $100,000 in an account for it, which would be replaced over 8 years in $25,000 increments up to $300,000. He said the specifications still need to be developed, the lease details worked out, it would be at least another year before the truck is delivered, and that the transaction would occur via the City's Purchasing Department. Commissioner Benedetto said he feels trucks should be purchased for the paid fire department before the volunteers, since they have a higher volume of calls. Chief Field explained this is a different fund. Commissioner Potter suggested it
might be prudent to consider simultaneously purchasing a second vehicle in an effort to get a better price. Deputy Fire Chief Brunoli spoke of the vacuum tanker's features and offered to set up a demonstration. Chief Field explained that all resources will be used wherever they are needed. Chief Maccalous added that this purchase is to replace a 1975 vehicle. Drakeville VFD will need to build an $80,000 addition to house this tanker, which should be completed by spring.
The motion to approve the following agreement was passed 4/1, with Commissioner Benedetto voting against it. MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF TORRINGTON ANDTHE DRAKEVILLE VOLUNTEER FIRE COMPANY, REGARDING ACQUISITION OF A TANKER/PUMPER
WHEREAS, the City of Torrington (“City”), a municipal corporation has implemented a City Funded Volunteer Vehicle Replacement Policy to augment its local Volunteer Fire Companies and has established a budgetary account with annual appropriations for the acquisition of fire apparatus for the use by the volunteer fire departments; and
WHEREAS,~ in accordance with the City Funded Volunteer Vehicle replacement Policy the Fire Service Coordination Committee approved the request of the Drakeville Volunteer Fire Company (“Volunteers”) to expend up to $300,000 for the purchase of a tanker/pumper; and
WHEREAS, the Drakeville Volunteer Fire Company has agreed to operate as the custodial owner of the tanker/pumper (“Pumper”) on behalf of the City providing regular maintenance in a good faith effort to extend the useful life of the Pumper; and
WHEREAS, the vehicle will revert to the City if the Volunteers cease to exist as a volunteer fire company or if the vehicle is otherwise not needed by the Volunteers;
NOW THEREFORE, the Drakeville Volunteer Fire Company and the City of Torrington, enter into this Memorandum of Agreement (“MOA”) to establish the terms, conditions, and responsibilities among the parties for ownership, management, repair, maintenance, and deployment of the Pumper.
The parties to this MOA are Drakeville Volunteer Fire Company and the City of Torrington.
As used in this MOA: The term “custodial owner” means that Volunteers have agreed to accept title and responsibility for the Pumper and its contents.
- AUTHORITY TO ENTER INTO MOA
This agreement is made under the authority granted to the City pursuant to approval by the Fire Service Coordination Committee, the Board of Public Safety, the Board of Finance and the Torrington Board of Councilmen. The persons executing this MOA on behalf of their respective entities hereby represent and warrant that they have the right, power, legal capacity, and appropriate authority to enter into this agreement on behalf of the entity for which they sign, as indicated by valid resolutions.
- RESPONSIBILITY OF THE CITY
The City will expend $300,000 for the purchase of a Pumper on behalf of the Volunteers. The City will make payments and execute a guaranty for said payments not to exceed $300,000 toward the lease purchase for the acquisition of the Pumper. Said guaranty agreement is attached hereto and incorporated into this MOA. The City will have no other obligation whatsoever for the vehicle.
- RESPONSIBILITIES OF CUSTODIAL OWNER /DRAKEVILLE VOLUNTEER FIRE COMPANY
The Volunteers understand that it is the Custodial Owner of the Pumper and as Custodial Owner, the Volunteers agree:
a. To safeguard the Pumper in a secure location, where it will not be exposed to rain or other unfavorable weather conditions); b. To provide the Pumper in a timely manner, in working order, and with appropriate staffing when deployment is requested; c. To maintain records of the use of the Pumper, including deployment for an actual incident or for authorized training; d. To maintain an inventory of the assets of the Pumper, so that the Pumper and its contents can be easily identified as separate from the Custodial Owner’s other property; e. To maintain all necessary insurance regarding the Pumper and its use; f. To cooperate with any audit of the Pumper and/or its use; g. To abide by the bylaws and procedures established for the use of such vehicle; h. That the City does not guarantee any further funding for or provision of repairs to the Pumper beyond the terms of this MOA, and that any expenses incurred in excess of the amount paid by the City under this MOA before or after the effective dates of this MOA shall be the exclusive responsibility of the Volunteers; i. That all maintenance and operations of the Pumper
by the Volunteers shall conform to the manufacturer’s recommendations. The Volunteers shall maintain trained personnel available to transport and supervise the operation of the Pumper. All personnel performing any maintenance or repair services in connection with the vehicle shall be fully qualified and authorized or permitted under federal, state, and local laws to perform such services. Volunteers who perform routine, preventative maintenance, such as changing light bulbs, wiper blades, and such other routine maintenance that does not impact the manufacturer’s warranty, shall likewise be authorized by their Command.
If the Volunteers do not comply with the requirements under this MOA, or terminates its involvement in this MOA, then the asset(s) will revert to the City which may redirect them as it deems appropriate.
The Volunteers agree to indemnify and hold harmless the City with regard to the activities described within this MOA.
The Volunteers agree that all records pertaining to the Pumper shall be maintained for a period of not less than three years from the date of any activity related to the Pumper. Such records will be made available to the City upon request.
- EFFECTIVE DATE, AMENDMENT AND TERMINATION
This agreement shall be effective when all parties have executed it and all required approvals have been granted. This agreement may be modified upon the mutual written consent of the parties. Either party may terminate its involvement with this agreement upon thirty days’ written notice to the other party. If the Volunteers terminate their involvement the Pumper must immediately be surrendered to the City.
10. SETTLEMENT OF DISPUTES The Parties agree to good faith consultation with one another to resolve disagreements that may arise under or relating to this MOA before referring the matter to any other person or entity for settlement.
11. OTHER LAWS All assistance provided under this MOA must comply with applicable state and federal laws and regulations. Nothing in this agreement is intended to conflict with current laws or regulations of the State of Connecticut or the Town. If a term of this agreement is inconsistent with such authority, then that term shall be invalid, but the remaining terms and conditions of this agreement shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals on the dates written below:
THE DRAKEVILLE VOLUNTEER FIRE COMAPNY
THE CITY OF TORRINGTON
FEMA SAFER GRANT #384 Chief Field explained the grant he's applying for which provides for additional staffing in order to meet NFPA standards in response times. The grant pays staffing costs for two years, and requires the City to maintain the cost for the third year. |
