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SECTION I - EMPLOYMENT AND GENERAL REQUIREMENTS 1. The members of the Fire Company, while engaged in the performance of their duties in answering, attending upon, or returning from any call provided for by this Contract, shall be an independent contractor to the Town and shall have all the rights, privileges and immunities granted by the laws of the State of New York. The Fire Company shall at all times during the period of this contract be subject to call for attendance upon any situation requiring Fire Protection Services occurring in the District. When notified of a call within the District, the Fire Company shall respond and attend upon the call without delay with suitable equipment and qualified personnel. Qualified personnel shall mean that the responding individual shall have met the minimum training standards based on the fire fighter’s tasks or position in responding to the emergency. The minimum training standards shall be in accordance with the guidelines of the County of Erie Division of Fire Safety, as may from time to time be promulgated and amended. Upon arriving at the scene of the call the firepersons attending shall proceed diligently and, in every reasonable way, attend to the circumstances of the call including the saving of life and property. Fire Company covenants to participate fully in the Erie County mutual aid plan, and so long as that plan remains in place, the rare failure of the Fire Company to respond to a call, or the failure of the Fire Company to respond to a call when multiple calls arise at or about the same time, shall not constitute a breach of this Contract. 2. By the first day of September of each year, the Fire Company shall provide a copy of its budget for the following year, a fiscal year commencing January 1 to December 31, to the Town. Along with the budget, the Fire Company shall provide a detailed breakdown of its capital plans and statements setting forth its reserves showing compliance with its capital plans. The capital plans or plan should detail: (1) the useful life of the Fire Company’s real property, apparatus, and equipment; (2) anticipated capital repairs, maintenance, or replacement needed; and (3) whether capital reserve funds have been established and the extent to which they are funded. Any singular item anticipated to be repaired, maintained, or replaced at a cost greater than $25,000 should be included in the capital plan. 3. The Fire Company shall have its records audited annually by an independent certified public accountant or firm of certified public accountants if required to do so pursuant to Section 209-z of the General Municipal Law. If such an annual audit is required by statute, within 180 days of the end of the Fire Company’s fiscal term, it shall submit a copy of its audit report to the Town Board. If the Fire Company receives an extension of its time to file an IRS Form 990, the deadline to submit its audit report to the Town Board will be extended by the same number of days, provided the Fire Company advises the Town Board when it seeks the extension of its time to file the IRS Form 990. In the event that the Fire Company is not required by statute to complete an annual audit, the Fire Company agrees that its audit committee will meet, at least annually, with the Town’s financial staff and to make all of its financial statements and books available for review and copying by the Town’s bookkeeper or auditor, with the Fire Company making its audit committee and records available no later than June 30. The Town and Fire Company agree that such a meeting and review, if conducted, does not mean that the Town in any way guarantees the accuracy or completeness of the Fire Company’s financial records. Following the approval by the Fire Company of a new member, the Fire Company shall -2-