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Fire Protection Legal Notice

  • November 6, 2024

NOTICE FOR PUBLIC HEARING ON

FIRE PROTECTION CONTRACT FOR 2025

            Public Notice is hereby given, that a Public Hearing will be held Wednesday,

November 6th, 2024 by the Town Board of the Town of Batavia, Genesee County, New York, at 7:10 P.M. of that day at the Batavia Town Hall, 3833 West Main Street Road, Batavia, New York, for the purpose of considering contracting with the Town of Batavia Fire Department, Inc. for fire protection services to be furnished by the Town of Batavia Fire Department, Inc to the Fire Department District established in the Town of Batavia and known as the “Town of Batavia Fire Protection District” upon the following general terms, to wit:

  1. The Town of Batavia Fire Department, Inc. shall answer and attend upon all calls in said District;
  2. The Town of Batavia Fire Department Inc., shall purchase and maintain such property, crime, dishonesty bond and liability insurance as it deems prudent to protect its interests.  Such insurance shall include Automobile Liability, General Liability naming the Town of Batavia, its agents and employees as Additional Insureds, Contractual Liability for this Contract and should include Ambulance Attendants Professional Liability, Volunteer Fire Department Errors and Omissions Liability and Liquor Law Liability coverages.  Liability limits of at least $1,000,000.00 each occurrence, claim or incident are recommended but not required.  A Certificate of all liability insurances, providing the Town with at least 30 days written notice of cancellation or nonrenewable, shall be furnished to the Town Attorney, Town Hall, 3833 West Main Street Road, Batavia, New York, 14020.
  3. The Town of Batavia Fire Department, Inc. shall also indemnify and hold harmless the Town of Batavia, its agents and employees from all claims, suits, loss, damages, injuries, liability, cost and expenses arising from the services provided for in this contract and from the activities of the Fire District, its officers, employees and volunteers to the extent this provision is insured by the Town of Batavia Fire District.
  4. The Town of Batavia Fire Department, Inc. shall maintain public liability and property damage insurance policies for the benefit of said District and the Town of Batavia, and shall hold said District and Town harmless for losses not covered by insurance;
  5. The Town of Batavia Fire Department, Inc. shall be responsible for loss or damage sustained in fire apparatus or other equipment;
  6. The Town of Batavia and the Town of Batavia Fire Protection District shall pay or provide insurance coverage for authorized items;
  7. The Town of Batavia Fire Department, Inc. shall participate in the Genesee County Mutual Aid Plan and reserves certain rights pertaining to said participation;
  8. The Town of Batavia Fire Department, Inc. shall reimburse the Town of Batavia should its equipment not be usable;
  9. For such services the Town of Batavia Fire Department shall receive the yearly sum of one million, four hundred sixty-one thousand, nine hundred, twelve dollars, and thirty-eight cents ($1,461,912.38).
  10. The Town of Batavia shall plow and provide routine maintenance to the driveways and parking areas of the Fire Department’s Fire Halls;
  11. The Town of Batavia Fire Department, Inc. shall provide financial data and records to the Town of Batavia.
  12. The contract shall run for one (1) year from January 1, 2025, and shall expire on December 31, 2025.

Notice is hereby further given that all persons interested in the matter will be heard at such time and place specified above, and a copy of the proposed “Town of Batavia Fire Department Agreement”, is on file at the office of the Batavia Town Clerk, 3833 West Main Street Road, Batavia, New York, and is open for inspection during regular Office hours.

Dated: October 23, 2024                                                                     Jennifer Zambito

                                                                                                Town Clerk, Town of Batavia