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submit to the Town Board for approval pursuant to Not-For-Profit Law § 1402(c)(3) a letter from the Chief or other authorized Officer enclosing the new member’s application (with social security number, month and day of birth, and names of any minor children redacted) and stating that the new member has passed their background check requirements (including arson investigation and sex offender registration check [Pursuant to Article 6-c of Correction Law]). This submission shall be received by 3:00 p.m. on the Thursday before the next regularly scheduled Town Board meeting by the Town Clerk, and the request for approval will be acted upon without delay, but in no event later than the 30th day following receipt by the Town Clerk of the submittal of the new member information. Along with the request for approval of the new member, the Fire Company shall confirm in writing to the Town Board that the addition of the new member will not violate the terms of Paragraph 4 below. 4. The Fire Company must maintain an annual “active” membership containing no more than forty-five (45%) percent of its members living outside of the fire protection district. “Active” members are those members who meet the requirements of the Company’s By-Laws but who also are physically able to respond to calls and to participate in drills and training. No later than January 15 each year, the Fire Company shall submit to the Town Board a list of all active members of the Fire Company existing at that time with their corresponding addresses. In the first year of this Contract, Fire Company will submit by March 1 copies of both sides of each active member’s driver’s license or other form of picture identification to confirm compliance with this provision. Fire Company agrees to notify the Town within 30 days of any active member’s change of address. In the event that an active member moves out of the fire protection district, his or her continued membership in the Company shall be subject to the approval of the Town Board in accordance with Not-for-Profit Law, § 1402 (C)(3), which approval shall not be unreasonably withheld. Requests for approval by the Town Board, which shall contain the member’s new address, shall be sent in accordance with Paragraph 3, above. The Town shall also be notified of the change of address of the members continually throughout the year in the event they need to be contacted for Length of Service Award Program (“LOSAP”) purposes. 5. Pursuant to Not-For-Profit Law § 1402(f), by January 15 of each calendar year, the Fire Company shall make and file in the Erie County Clerk’s Office a verified certificate stating the names of the directors and officers of the corporation, containing an inventory of its property, a statement of its liabilities, and a statement that the corporation has not engaged, directly or indirectly, in any business other than that set forth in its certificate of incorporation. A copy of same shall be simultaneously filed with the Town Clerk. 6. By March 1, the Fire Company shall submit a report to the Town Board setting forth the State point and Company point requirements of each member in the Company in order to confirm that the member has qualified for LOSAP benefits. The report shall be broken out by the categories delineated in Section 217 of the General Municipal Law or as otherwise defined by the Town’s LOSAP plan. Fire Company shall appoint one member and one alternate to represent the Company at meetings related to the LOSAP plan. Fire Company shall maintain the original sign in sheets verifying member points, and shall provide these to the Town within five business days of the Town’s request. 7. By the 28th of February, the Fire Company shall submit its foreign insurance fund report for the preceding calendar year to the New York State Comptroller providing an accounting of the funds received, and of expenditures made using foreign insurance funds. A copy shall also be filed with the Town. -3-