District-to-District Emergency Gas Purchase Agreement

Agreement

THIS AGREEMENT, made effective the ____________ day of ______________, 20__ by and between FIRST FIRE DISTRICT, a New York Fire District with offices at 123 State Street, XXXXXXX, New York (hereinafter referred to as “First”), and the Second Fire District, a New York Fire District with offices at 124 Main Street, XXXXXXX, New York (hereinafter referred to as “Second”).

RECITALS

WHEREAS, First and Second operate vehicular fleets to carry out their firematic functions and duties. Inherent with those duties and functions, First and Second own and maintain fuel storage facilities on their property for their use; and

WHEREAS, First and Second maintain an available source of vehicle fuel, both gasoline and diesel, for their fleet of vehicles. These fuel sources are the primary source of fuel for the First and Second vehicles.

WHEREAS, these fuel storage facilities have a limited storage capacity for fuel storage, both First and Second recognize that circumstances may arise where First or Second may not have an readily available supply of vehicle fuel necessary for First and/ or Second to carry out its duties and responsibilities to the residents of First Fire District or residents of the Second Fire District; and

WHEREAS, First or Second may be in need of another alternate source of fuel for its vehicles in the event of a catastrophic event, power failure, or other emergency circumstance wherein either First or Second would not able to secure fuel in such circumstances; and

WHEREAS, First and Second are willing to provide fuel to one another‘s vehicular fleet in the event of a catastrophic event, power failure, or other emergency circumstance at the cost that First or Second pays for such fuel plus a nominal administration fee for the accounting associated with First or Second’s purchase of the fuel from one another.

THEREFORE, in consideration of the covenants and promises herein after mentioned and the understandings of the parties as set forth herein before, the parties do agree as follows

Purchases by First

1. Second authorizes First, during the term of this agreement to obtain fuel from excess Second inventories, from its fuel dispensing stations at the Second Fire District (insert location of the dispensing tanks), provided

   a. An emergency and catastrophic circumstance exists; and

   b. An alternate fuel source is not available to First; and

   c. Second has sufficient excess fuel to accommodate its own needs.

   d. The determination of what is considered a catastrophic event, power failure, or other emergency circumstance shall be in the sole discretion of Second. Second shall also determine, in its sole discretion, whether an alternate fuel source is not available to First, the amount of fuel available for purchases by First, and whether Second has sufficient excess fuel to accommodate its own needs.

2. In consideration thereof, First will pay to Second a sum equal to the number of gallons of fuel acquired by First multiplied by the per gallon cost of such fuel to Second, plus a 2 percent administrative fee for the cost of the accounting and billing associated therewith.

3. Payment to Second will be made within 20 days from First receipt of monthly vouchers furnished by Second finance department.

Purchases by Second

1. First authorizes Second, during the term of this agreement, to obtain fuel from excess First inventories, from its fuel dispensing stations at (insert location of dispensing stations), provided

   a. An emergency and catastrophic circumstance exists; and

   b. An alternate fuel source is not available to Second; and

   c. First has sufficient excess fuel to accommodate its own needs.

   d. The determination of what is considered an emergency and catastrophic circumstance exists, whether an alternate fuel source is not available to Second, the amount of fuel available to Second, and whether First have sufficient excess fuel to accommodate its own needs, shall be determined by First in its sole discretion.

2. In consideration thereof, Second will pay to First a sum equal to the number of gallons of fuel so acquired by Second multiplied by the per gallon cost of such fuel to First...