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HomeMy WebLinkAboutAgenda - 10-04-2012 - 5 17 NORM CAROLINA CONTRACT AND AGREEMENT ORANGE COUNTY THIS CONTRACT AND AGREEMENT, made and entered into this the 19th day of May , 1992, by and between the COUNTY of ORANGE, hereinafter referred to as County and the CALDWELL FIRE DEPARTMENT , Inc . , for the protection of the CALDWELL Fire District, hereinafter referred to as Fire Department; W I T N E S S E T H: THAT WHEREAS, North Carolina General Statutes 69-25 .5 provides that counties may provide for fire protection in a fire district by contracting with an incorporated nonprofit volunteer or community fire department; and WHEREAS, the .CALDWELL Fire District is a special tax district created pursuant to Chapter 69 of the North Carolina General Statutes; and WHEREAS, the CALDWELL Fire Department is a nonprofit corporation organized for fire protection purposes; and WHEREAS, County has elected to provide fire protection and fire prevention services and optional first responder services authorized by North Carolina General Statutes 69-25.7 (hereinafter "services") , within the boundaries of the CALDWELL . Fire District, by contracting with Fire Department to provide services; and WHEREAS, Fire Department has the ability to provide and is willing to be the contract provider of services within the boundary of the CALDWELL Fire District; and ' 18 2 WHEREAS, County levies and collects the taxes and is responsible for appropriating said funds for the use of the citizens in CALDWELL Fire District; and WHEREAS, County desires to establish a renewable contract to enable Fire Department to make long-range plans; NOW, THEREFORE, in consideration of the mutual covenants . and premises herein contained, the parties hereto contract and agree as follows: 1. Each fiscal year, the County will cause to be levied a special tax not exceeding 15 cents ($0. 15) per one hundred dollar valuation of all real and personal property subject to taxation in the CALDWELL Fire District unless otherwise limited by law and/or a vote of the people; and will collect said tax as apart of the ad valorem tax collections of the County. The amount levied annually shall be based on a tax rate approved by the Board of County. Commissioners following review of the needs projected in the budget estimate submitted to the County by the Board of Directors of the Fire Department. 2 . That a special revenue fund shall be maintained for each fire district by the County for funds collected as a result of said special tax in which fund appropriations will be' based on the budget estimates approved by the County Commissioners. Unappropriated amounts remaining in the revenue fund shall be carried over to the next fiscal year for fire department use. 19 3 3. That all appropriations established by the County Commissioners will be remitted to the Fire Department in quarterly payments by the 15th day of the first month of each quarter for the first three quarters beginning in July and ending on March 31, and the final quarterly payment will be made based on the County Finance Director's estimate of overall tax collections through the fiscal year end not to exceed the appropriation amount. All late listing penalties and interest on delinquent taxes associated with collections will be retained-by the County as cost of collections. 4 . The Fire Department shall provide the necessary equipment, personnel, and other resources as dete.rtined by the North Carolina Department of Insurance, Fire and Rescue Service Division, and the Insurance Service Office for all property located within the CALDWELL Fire District, will strive to achieve and maintain at least a 9S insurance rating, and will furnish services free of charge to all persons and individuals within the District. 5. That all funds paid to the Fire Department by the County shall be used exclusively by the Fire Department to provide services within said District, and to pay other legitimate expenses. The Fire Department may provide a first responder program, if it is provided under the guidelines provided by Orange County Emergency Management and under the direction of the Emergency Medical Services Medical Director to provide basic emergency medical care to citizens within the fire district. 20 • 4 6 . The Fire Department shall operate in compliance with all applicable state and local laws and regulations including the Local Emergency Planning Committee Hazardous Materials Training requirements and North Carolina Fire Incident Reporting System, for which reports shall be submitted to the Fire Marshal's Office on a monthly basis. The Fire Department further agrees to annually file with the Fire Marshal's office a current list of its Board of Directors and a roster of its members with addresses, telephone numbers, social security numbers; an annual training report; and a list of fire apparatus including pump and tank size, and specialized fire suppression equipment, no later than July 31. 7 . The County may inspect all books and accounts of the Fire Department at any time, upon reasonable notice. The Fire Department will present to the County within 90 days of the close of each County fiscal year (July 1-June 30) , an accounting of how public funds have been expended on the forms provided by Orange County Finance Department. 8'. The Fire Department will comply with County budgeting procedures and other procedures provided for by State Law and agrees to submit annual budget estimates and a supporting letter of request for a proposed tax rate signed'by the Board President - upon approval by the Board of Directors of the Fire Department. The Emergency Management Office will provide the standard forms used by county departments for presentation to the Board of Commissioners, in accordance with established County budget 21 5 timetables . The Fire Department will use standard line items for ' accounting devised or consented to by the County Finance Office, 9 . The Fire Department will file with the County Fire Marshal a true copy of the Articles of Incorporation, existing Bylaws, Standard Operating Procedures, and any changes made thereto from time to time. Further, the Fire Department agrees to amend and adopt its charter and bylaws as necessary to meet all minimum legal requirements for a North Carolina nonprofit corporation, as allowed in G.S. 55A-1 through 55A-43, with or without voting members which charter and bylaws have provisions enabling citizens of the community to have input in the affairs of the corporation at least at an annual meeting as desribed by G.S. 55A-30 and vesting in the Board of Directors the authority to manage the affairs of the corporation. 10. This contract shall renew automatically each fiscal year on the 1st day of July, and shall continue in effect until terminated by either party hereto, upon three hundred sixty five days (365ywritten notice to the other party. Any contracts between the County and the Fire Department now in effect, with respect to the subject matter contained herein, are superseded upon the effective date of this contract. ' 11. This contract was written with the laws of the State of North Carolina in mind. It shall be construed consistent with • and interpreted pursuant to the laws of the State of,North Carolina. . 22 • 6 IN TESTIMONY WHEREOF, the County has caused this instrument to be executed by the chairman of the Board of County Commissioners and attested by the Clerk to the Board of County Commissioners, and the Fire Department has caused this instrument to be signed in its name by its President, attested by its Secretary, and its corporate seal hereto affixed, all by order of its Board of Directors duly given. ORANGE COUNTY BOARD OF OMMISSIONERS BY: I r � (Chair) ATTEST: /./ C y C16rk} ' (Fire Department) y BY: C�G 1� /17L642. (President, Board of Directors) • ATTEST: 7ZC'1(q_6/ %/4/, (Secretary) . } 23 • NORTH CAROLINA CONTRACT AND AGREEMENT ORANGE COUNTY THIS CONTRACT AND AGREEMENT, made and entered into this the 19th day of May , 1992, by and between the COUNTY of ORANGE, hereinafter referred to as County and the CEDAR GROVE , Inc. , for the protection of the CEDAR GROVE Fire District, hereinafter referred to as . Fire Department; W I T N E S S E T H: - THAT WHEREAS, North Carolina General Statutes 69-25.5 'provides that counties may provide for fire protection in a fire district by contracting with an incorporated nonprofit volunteer or community fire department; and WHEREAS, the CEDAR GROVE Fire District is a special tax district created pursuant to Chapter 69 of the North Carolina General Statutes; and WHEREAS, the CEDAR GROVE Fire Department is a nonprofit corporation organized for fire protection purposes; and WHEREAS, County has elected to provide fire protection and fire prevention services and optional first responder services authorized by North Carolina General Statutes 69-25. 7 (hereinafter "services" ) , within the boundaries of the . CEDAR GROVE • Fire District, by contracting with Fire Department to provide services; and WHEREAS, Fire Department has the ability to provide and is willing to be the contract provider of services within the-boundary of the CEDAR GROVE Fire District; and 24 2 WHEREAS, County levies and collects the taxes and is responsible for appropriating said funds for the use of the citizens in CEDAR GROVE Fire District; and WHEREAS, County desires to establish a renewable contract to enable Fire Department to make long-range plans; NOW, THEREFORE, in consideration of the mutual covenants and premises herein contained, the parties hereto contract and agree as follows: 1. Each fiscal year, the County will cause to be levied a special tax not exceeding 15 cents ($0 . 15) per one hundred dollar valuation of all real and personal property subject to taxation in the CEDAR GROVE Fire District unless otherwise limited by law and/or a vote of the people; and will collect said tax as a part of the ad valorem tax collections of the County. The amount levied annually shall be based on a tax rate approved by the Board of County Commissioners following review of the needs projected in the budget estimate submitted to the County by the Board of Directors of the Fire Department. 2 . That a special revenue fund shall be maintained for each fire district by the County for funds collected as a result of said special tax in which fund appropriations will be based on_ the budget estimates approved by the County Commissioners. Unappropriated amounts remaining in the revenue fund shall be carried over to the next fiscal year for fire department use. 25 3 3 . That all appropriations established by the County Commissioners will be remitted to the Fire Department in quarterly payments by the 15th day of the first month of each quarter for the first three quarters beginning in July and ending on March 31, and the final quarterly payment will be made based on the County Finance Director's estimate of overall tax collections through the fiscal year end not to exceed the appropriation amount. All late listing penalties and interest on delinquent taxes associated with collections will be retained by the County as cost of collections. 4 . The Fire Department shall provide the necessary equipment, personnel, and other resources as determined by the North Carolina Department of Insurance, Fire and Rescue Service Division, and the Insurance Service Office for all property located within the CEDAR GROVE Fire District, will strive to achieve and maintain at least a 9S insurance rating, and will furnish services free of charge to all persons and individuals within the District. 5. That all funds paid to the Fire Department by the County shall be used exclusively by the Fire Department to provide services within said District, and to pay other legitimate expenses. The Fire Department may provide a first responder program, if it is provided under the guidelines provided by Orange County Emergency Management and under the direction of the Emergency Medical Services Medical Director to provide basic emergency medical care to citizens within the fire district. 26 4 6 . The Fire Department shall operate in compliance with all applicable state and local laws and regulations including the Local Emergency Planning Committee Hazardous Materials Training requirements and North Carolina Fire Incident Reporting System, for which reports shall be submitted to the Fire Marshal's Office on a monthly basis. The Fire Department further agrees to annually file with the Fire Marshal's office a current list of its Board of Directors and a roster of its members with addresses, telephone numbers, social security numbers; an annual training report; and a list of fire apparatus including pump and tank size, and specialized fire suppression equipment, no later than July 31. 7 . The County may inspect all books and accounts of the Fire Department at any time, upon reasonable notice. The Fire Department will present to the County within 90 days of the close of each County fiscal year (July 1-June 30) , an accounting of how public funds have been expended on the forms provided by Orange County Finance Department. 8. The Fire Department will comply with County budgeting procedures and other procedures provided for by State Law and agrees to submit annual budget estimates and a supporting letter of request for a proposed tax rate signed- by the Board President upon approval by the Board of Directors of the Fire Department. The Emergency Management Office will provide the standard forms used by county departments for presentation to the Board of Commissioners, in accordance with established County budget , 27 5 timetables . The Fire Department will use standard line items for accounting devised or consented to by the County Finance Office. 9 . The Fire Department will file with the County Fire Marshal a true copy of the Articles of Incorporation, existing Bylaws, Standard Operating Procedures, and any changes made thereto from time to time. Further, the Fire Department agrees to amend and adopt its charter and bylaws as necessary to meet all minimum legal requirements for a North Carolina nonprofit corporation, as allowed in G.S. 55A-1 through 55A-43, with or without voting members which charter and bylaws have provisions enabling citizens of the community to have input in the affairs of the corporation at least at an annual meeting as desribed by G.S. 55A-30 and vesting in the Board. of Directors the authority to manage the affairs of the corporation. 10 . This contract shall renew automatically each fiscal year on the 1st day of July, and shall continue in effect until teLrinated by either party hereto, upon three hundred sixty five days (365). written notice to the other party. Any contracts between the County and the Fire Department now in effect, with respect to the subject matter contained herein, are superseded upon the effective date of this contract. 11. This contract was written with the laws of the State of North Carolina in mind. It shall be construed consistent with and interpreted pursuant to the laws of the State of •North Carolina. 28 6 • IN TESTIMONY WHEREOF, the County has caused this instrument to be executed by the chairman of the Board of County Commissioners and attested by the Clerk to the Board of County Commissioners, and the Fire Department has caused this instrument to be signed in its name by its President, attested by its Secretary, and its corporate seal hereto affixed, all by order of its Board of Directors duly given. 0 - ORANGE COUNTY BOARD OF COMMISSIONERS BY: A 1 r _atog (Chair) ATTEST: • flerk) — Cedar Grove (Fire Department) > (1,6/12-1-7 BY: (Predident, Board of Directors) ATTEST: (Secretary) 29 NORTH CAROLINA. CONTRACT AND AGREEMENT ORANGE COUNTY • THIS CONTRACT .AND AGREEMENT, made and entered into this the 19th day of May , 1992, by and between the COUNTY of ORANGE, hereinafter referred to as County and the EFLAND VOLUNTEER FIRE COMPANY , Inc. , for the protection of the WEST ORANGE Fire District, hereinafter referred to as Fire Department; W I T N E S S E T H: THAT WHEREAS, North Carolina General Statutes 69-25.5 provides that counties may provide for fire protection in a fire district by contracting with an incorporated nonprofit volunteer or community fire department; and WHEREAS, the WEST ORANGE Fire District is a special tax district created pursuant to Chapter 69 of the North Carolina General Statutes; and - WHEREAS, the EFLAND Fire Department is a nonprofit corporation organized for fire protection purposes; and WHEREAS, County has elected to provide fire protection and fire prevention services and optional first responder services authorized by North Carolina General Statutes 69-25.7 (hereinafter "services" ) , within the boundaries of the - WEST ORANGE Fire District, by contracting with Fire Department to provide services; and WHEREAS, Fire Department has the ability to provide and is . willing to be the contract provider of services within the.,boundary of the WEST ORANGE Fire District; and 30 2 WHEREAS, County levies and collects the taxes and is responsible for appropriating said funds for the use of the citizens in WEST ORANGE Fire District; and WHEREAS, County desires to establish a renewable contract to enable Fire Department to make long-range plans; NOW, THEREFORE, in consideration of the mutual covenants and premises herein contained, the parties hereto contract and agree as follows: 1. Each fiscal year, the County will cause to be levied a special tax not exceeding 15 cents {$0. 15) per one hundred dollar valuation of all real and personal property subject to taxation in the WEST ORANGE Fire District unless otherwise limited by law and/or a vote of the people; and will collect said tax as a part of the ad valorem tax collections of the County. The amount levied annually shall be based on a tax rate approved by the Board of County Commissioners following review of the needs projected in the budget estimate submitted to the County by the Board of Directors of the Fire Department. 2 . That a special revenue fund shall be maintained for each fire district by the County for funds collected as ,a result of said special tax in which fund appropriations will be based on . the budget estimates approved by the County Commissioners. Unappropriated amounts remaining in the revenue fund shall be carried over to the next fiscal year for fire department use. 31 • • 3 3 . That all appropriations established by the County Commissioners will be remitted to the Fire Department in quarterly payments by the 15th day of the first month of each quarter for the first three quarters beginning in July and ending on March 31, - and the final quarterly payment will be made based on the County Finance Director's estimate of overall tax collections through the fiscal year end not to exceed the appropriation amount. All late listing penalties and interest on delinquent taxes associated with collections will be retained by the County as cost of collections. 4. The Fire Department shall provide the necessary equipment, personnel, and other resources as determined by the North Carolina Department of Insurance, Fire and Rescue Service Division, and the Insurance Service Office for all property located within the WEST ORANGE Fire District, will strive to achieve and maintain at least a 9S insurance rating, and will furnish services free of charge to all persons and individuals within the District. 5 . That all funds paid to the Fire Department by the County shall be used exclusively by the Fire Department to provide services within said District, and to pay, other legitimate expenses. The Fire Department may provide a first responder program, if it is provided under the guidelines provided by Orange County Emergency Management and under the direction of the Emergency Medical Services Medical Director to provide basic emergency medical care to citizens within the fire district. .. 32 4 - 6. The Fire Department shall operate in compliance with all applicable state and local laws and regulations including the Local Emergency Planning Committee Hazardous Materials Training requirements and North Carolina Fire Incident Reporting System, for which reports shall be submitted to the .Fire Marshal's Office on a monthly basis. The Fire Department further agrees to annually file with the Fire Marshal's office a current list of its Board of Directors and a roster of its members with addresses, telephone numbers, social security numbers; an annual training - report; and a list of fire apparatus including pump and tank size, and specialized fire suppression equipment, no later than July 3l. 7 . The County may inspect all books and accounts of the Fire Department at any time, upon reasonable notice. The Fire Department will present to the County within 90 days of the close of each County fiscal year (July 1-June 30) , an accounting of how public funds have been expended on the forms provided by Orange County Finance Department. S. The Fire Department will comply with County budgeting procedures and other procedures provided for by State Law and agrees to submit annual budget estimates and a supporting letter of request for a proposed tax rate signed by the Board President upon approval by the Board of Directors of the Fire Department. The Emergency Management Office will provide the standard forms used by county departments for presentation to the Board of Commissioners, in accordance with established County budget 33 5 timetables. The Fire Department will use standard line items for ' accounting devised or consented to by the County Finance Office. 9 . The Fire Department will file with the County Fire Marshal a true copy of the Articles of Incorporation, existing Bylaws, Standard Operating Procedures, and any changes made thereto from time to time. Further, the Fire Department agrees to amend and adopt its charter and bylaws as necessary to meet all minimum legal requirements for a North Carolina nonprofit corporation, as allowed in G.S. 55A-1 through 55A-43, with or without voting members which charter and bylaws have provisions enabling citizens of the community to have input in the affairs of the corporation at least at an annual meeting as desribed by G.S. 55A-30 and vesting in the Board of Directors the authority to manage the affairs of the corporation. 10 . This contract shall renew automatically each fiscal year on the 1st day of July, and shall continue in effect until terminated by either party hereto, upon three hundred sixty five days (365) written notice to the other party. Any contracts between the County and the Fire Department now in effect, with respect to the subject matter contained herein, are superseded upon the effective date of this contract. 11. This contract was written with the laws of the State of North Carolina in mind. It shall be construed consistent with and interpreted pursuant to the laws of the State. of..North Carolina. 34 IN TESTIMONY WHEREOF, the County has caused this instrument to be executed by the chairman of the Board of County Commissioners and attested by the Clerk to the Board of County Commissioners, and the Fire Department has caused this instrument to be signed in its name by its President, attested by its Secretary, and its corporate seal hereto affixed, all by order of its Board of Directors duly given. ORANGE COUNTY BOARD OF COMMISSIONERS BY: ti ' , - i (Chair) / ATTEST: , ,e7i)4 , 4,!p 'Y f ti Clerk) f � _1idnfi '::ice::mt El!-t, vo., Inc. __ Fiox Eflandh IMF 7 4 yreeartment) BY: �P- T (President, Be; d of D . ' tors) ATTEST: i ,.oP , 8jf/ dri (Secretary) 35 NORTH CAROLINA ORANGE COUNTY This contract,made and entered into this /t day of /liate.:-/1,--,2004,by and . between the CITY OF MEBANE,a municipal corporation,hereinafter referred to as the • City,and the COUNTY OF ORANGE,hereinafter called the County. WITNESSETH: That for and consideration of the mut,fal covenants hereinafter contained,and pursuant to authority granted by North Carolina General Statutes 160A-11 and 160A-293,do hereby covenant and agree as follows: 1. The City agrees to furnish and provide continuing fire protection services to all. property within the East Alamance Fire District lying outside the boundaries of the City:and 2. Payment for fire protection service is provided through an existing contract between the City and the Efland Volunteer Fire Company,Incorporated, which is attached hereto and incorporated herein as Exhibit A to this agreement. This contu .ct shall renew automatically each fiscal year on the first day of July, and shall continue in effect until terminated by either party hereto,upon three hundred sixty five(365)days written notice to the other party provided,however,the contract shall terminate automatically if the existing contract with Efland Volunteer Fire Company,Incorporated terminates. • 36 DI WITNESS WHEREOF,the County has caused this document to be executed by the Chair of the Board of County Commissioners and attested by the Clerk to the Board of County Commissioners,and the City has caused this document to be executed by the Mayor and attested by its Clerk to.* ce,i4,$ ORANGE COUNTY BOARD OF COUNTY COMMISSIONERS -/"( hair •. BY: / erk CITY OF ► I BANE glair 137/Y-' f> _ May r ATTEST: BY: _ Clerk • 37 Noc-26-2003 11:00 FROM: TO:9629066 P.1'3 • NORTH CAROLINA • FIRE SERVICE AGREEMENT ORANGE COUNTY This contract, made and entered into this the .30 day of June, 2003, by and between Efland Volunteer Fire Company, Inc., a nonprofit corporation with its principal • office in Orange County,North Carolina,party of the first part (hereinafter referred to as "Efland") and the City of Mebane, a North Carolina municipal corporation, located in Alamance and Orange Counties, North Carolina, party of the second part (hereinafter referred to as"Mebane"). WITNESSETH: THAT WHEREAS by agreement dated June 1, 1998, Mebane, through its fire department, did agree to provide fire protection within certain portions of the Efland Fire = -- Protection District;and ' � • WHEREAS the areas in which Mebane has provided primary fire protection - services is described as follows: Beginning at a point where Orange County Road# 1340 intersects the Alamance County line, thence along said Alamance County line in a southerly direction until said line intersects Orange County Road # 1007, thence along said road to intersection of "Road # 1117, thence along said road to intersection. of Road# 1120, thence along said road to intersection of Road # 1114, thence along said road to intersection of Road # 1310, thence along said road to intersection of Road # 1306, thence along said road to intersection of Road# 1342, thence along said road an imaginary projection of said road to a point where it would intersect with.Road# 1340, thence along said road to the point• of beginning and WHEREAS, the City of Mebane 'ias annexed a portion of the property lying within said described area and it ;s required by North Carolina ieneral Statute Section 160A-49.1 to negotiate a five year contract to provide fire protection in the area annexed by the City which was within the Efiand Fire Protection District; and WHEREAS, the City of Mebane is willing to compensate Efland Fire Protection District and the Efland Volunteer Fire Company, Inc. for estimated lost revenues arising out of said annexation and as a portion of said compensation to continue fire protection for five years beginning July 1, 2003•in all of the area described above notwithstanding that a substantial portion of said area that remains in the Efland Fire Protection District - and was not annexed by the City. NOW, THEREFORE, the City of Mebane agrees that it will, through the Mebane Fire Department, provide fire protection services to the area described above for the _ period beginning July 1,2003 and ending June 30,.2008. • • 38 - NOV-26-2003 i1:@1 FROM TO:9684066 P.2/3 • • • Nature ofProtection: Upon call by or on behalf of any resident, business or property owner of the described area, party of the second part will dispatch to the area, and utilize in combating such fires as may exists,such equipment and as many men as the Fire Chief, or his designate, deems, in his sole and absolute discretion, available under the circumstances. From the moment any of the fire personnel of the party of the second part arrive within the Efland Fire District in response to a call, such person as in command of the detail shall assume absolute command of all activity being carried on, on property on which there is a fire and all persons on that property shall be subject to his absolute direction and control. Such fire personnel shall have sole discretion as to the manner in which such fires • as may exist are combated and what men and equipment are to be committed therein. - Party of the second part, through its Fire Depart i sit; shall exert its best effort.3 order the circumstances in combating said fires. Party of the first part shall in no way be liable for actions of the party of the second part for its failure or lack of success in connection therewith or for damage done to property of residents, businesses or property owners of the Efland Fire District or to that. of their agents, servants, employees, Iicensees or invitees, by virtue of or arising out of the same. All obligations of party of the second part shall be secondary to providing protection for their own citizens. The City of Mebane agrees to pay and the Efland Volunteer Fire Company, Inc. agrees to accept a lump sum payment in the amount of $12,630.45 as good faith compensation required by North Carolina General Statutes Section 160A-49.1. Said payment shall be made within ninety(90)days of the execution of this agreement by both parties. Additionally, the City of Mebane agrees that it will provide the fire services within said defined area more fully described above at no additional charge to Efland Volunteer Fire Company;Inc. Both parties agree that the Efland Fire Protection District will continue to level its fire protection tax in those portions of the area described above which have not been annexed by the City of Mebane and that the proceeds of said tax shall be distributed to Efland Volunteer,Fire Company,Inc. • The payments and service provisions outlined above.are_hereby accepted by Efland Volunteer Fire Company, Inc. in full and complete .$atisfaction of the City of Mebane's obligations pursuant to North Carolina General Statutes Section 160A-49.1. IN WITNESS WHEREOF,-the parties hereto have executed this agreement the ` day and year first above written_ CITY OF MEABNB EFLAND VOLUNThER FIRE CO.,INC. By: ay, President Glendel Stephenson Ronnie McAdams, Sr. 39 NOU-26- 603 ii:01 FROM: TO:9684066 P.3'3 • By 9-01-.L1 #, . B L , Y- City grger Secretary' Treasurer Robert L. Wilson Lonnie J.Adams By: Fire ."/"."- " /''r Robert I.Louis NORTH CAROLINA ORANGE OCEJNTY 1, `1bE`l ‘ `(ti . , Notary Public, do hereby certify that Ronnie:McAdams, Sr. and Lontyle ' Adams, officials of the Efland Volunteer Fire .' .7,1' Company,•dnc., each personally appea d bcior;.: me this day and acknowledged th du: execution of the foregoing and attached contract. Witness my hand and notarial seal, this._ d. day of }.( m Q fC 2003. • • <f6•Ik - k..\‘Nry Public `� •My Commission Expires: \)-\%r0 • NORTH CAROLINA • ALAMANCE OCUNTY • 1, , Notary Public, do hereby certify that Clendel Stephenson, Robert L. Wilson and Robert 3. Louis officials of the City of Mebane, each personally appeared before me this day and acknowledged the due execution of the foregoing and attached contract. ; • Witness my hand and notarial seal, this '`�- day of �� . 2003. • No ry Public • iVly Commission Expires: `1/700 • 40 41 NORTH CAROLINA CONTRACT AND AGREEMENT ORANGE COUNTY THIS CONTRACT AND AGREEMENT, made and entered into this the I day of Z015 , 1992, by. and between the COUNTY of ORANGE, hereinafter referred to as County and the Orange Rural Fire Department , Inc. , hereinafter referred to as Fire Department; W I T N E S S E T H: THAT WHEREAS, North Carolina General Statutes 69-25.5 provides that counties may provide for fire protection in a fire district by contracting with an incorporated nonprofit volunteer or community fire department; and WHEREAS, Orange Rural Fire District is a special tax district created pursuant to Chapter 69 of the North Carolina General Statutes; and WHEREAS, Orange Rural Fire Department is a nonprofit corporation organized for fire protection purposes; and WHEREAS, County has elected to provide fire protection and fire prevention services and optional first responder services authorized by North Carolina General Statutes 69-25.7 (hereinafter "services") , within the boundaries of the Orange Rural Fire District, by contracting with Fire Department to provide services; and WHEREAS, Fire Department has the ability to provide and is willing to be the contract provider of services within the boundary of Orange Rural Fire District; and 42 2 WHEREAS,..County levies and collects the taxes: and. is.. responsible for appropriating said funds .for the use of the citizens in Orange Rural . Fire District; and WHEREAS, County desires to establish a renewable contract to enable Fire Department to make long-range plans; NOW, THEREFORE, in consideration of the mutual covenants and premises herein contained, the parties hereto contract and agree as follows: 1. Each fiscal year, the County will cause to be levied a special tax not exceeding 15 cents ($0.15) per one hundred . dollar valuation of all real and personal property subject to taxation in the Orange Rural Fire District unless otherwise limited by law and/or a vote of the people; and will collect said tax as a part of the ad valorem tax collections of the County. The amount levied annually shall be based on a tax rate approved by the Board of County Commissioners following 'review of the needs projected in the budget estimate submitted to the County by the Board of Directors of the Fire Department. 2 . That a special revenue fund shall be maintained for each fire district by .the County for funds collected as a result of said special tax in which fund appropriations will be based on the budget estimates approved by the County Commissioners. Unappropriated amounts remaining in the revenue fund shall be carried over to the next fiscal year for fire department use. 43 3 • 3. That all appropriations established by ,the County Commissioners will be remitted to the Fire Department in quarterly payments by the 15th day of the first month of each quarter for the first three quarters beginning in July and ending on March 31, and the final quarterly payment will be made based on the County Finance Director's estimate of overall tax collections through the fiscal year end not to exceed the appropriation amount. All late listing penalties and interest on delinquent taxes associated with collections will be retained by the County as cost of collections. 4. The Fire Department shall provide the necessary equipment, personnel, and other resources as determined by the North Carolina Department of Insurance, Fire and Rescue Service Division, and the Insurance Service Office for all property located within the Orange Rural Fire District, will strive to achieve and maintain at least a 9S insurance rating, and will furnish services free of charge to all persons and individuals within the District. 5 . That all funds paid to the Fire Department by the County shall be used exclusively by the Fire Department to provide services within said District, and to pay other legitimate expenses. The Fire Department may provide a first responder program, if it is provided under the guidelines provided by Orange County Emergency Management and under the direction of the Emergency Medical Services Medical Director to provide basic emergency medical care to citizens within the fire district. 44 • 4 6. The Fire Department shall operate in compliance with all applicable state and local laws and regulations including the Local Emergency Planning Committee Hazardous Materials Training requirements and North Carolina Fire Incident Reporting System, for which reports shall be submitted to the Fire Marshal's Office on a monthly basis. The Fire Department further agrees to annually file with the Fire Marshal's office a current list of its Board of Directors; and a roster of its members with addresses, telephone numbers, social security numbers; an annual training report;_ and a list .of fire__apparatus including pump and tank size, and specialized fire suppression equipment, no later than July 31. 7. The County may inspect all books and accounts of the Fire Department at any time, upon reasonable notice. The Fire Department will present to the County within 90 days of the close of each County fiscal year (July 1-June 30) , an accounting of how public funds have been expended on the forms provided by Orange County Finance Department. 8. The Fire Department will comply with County budgeting procedures and other procedures provided for by State Law and agrees to submit annual budget estimates and a supporting letter of request for a proposed tax rate signed by the Board President upon approval by the Board of Directors of the Fire Department. The Emergency Management Office will provide the standard forms used by county departments for presentation to the Board of Commissioners, in accordance with established County budget 45 5 timetables . The Fire Department will use standard line items for accounting devised or consented to by the County Finance Office. 9 . The Fire Department will file with the County Fire Marshal a true copy of the Articles of Incorporation, existing Bylaws, Standard Operating Procedures, and any changes made thereto from time to time. Further, the Fire Department agrees to amend and adopt its charter and bylaws as necessary to meet all minimum legal requirements for a North Carolina nonprofit corporation, as allowed in G.S. 55A-1 through 55A-43, with or without voting members which charter and bylaws have_provisions enabling citizens of the community to have input in the affairs of the corporation at least at an annual meeting as desribed by G.S. 55A-30 and vesting in the Board of Directors the authority to manage the affairs of the -corporation. 10.. This contract shall renew automatically each fiscal year on the 1st day of July, and shall continue in effect until terminated by either party hereto, upon three hundred sixty five days (365) written notice to the other party. Any contracts between the County and the Fire Department now in effect, with respect to the subject matter contained herein, are superseded upon the effective date of this contract. 11. This contract was written with the laws of the State of North Carolina in mind. It shall be construed consistent with and interpreted pursuant to the laws of the State of North Carolina. 46 • 6 IN TESTIMONY WHEREOF, the County has caused this instrument to be executed by the chairman of the Board of County Commissioners and attested by the Clerk to the Board of County Commissioners, and the Fire Department has caused this instrument to be signed in its name by its President, attested by its Secretary, and its corporate seal hereto affixed, all by order of its Board of Directors duly given. ORANGE COUNTY BOARD OF COMMISSIONERS _ - BY I` `�. / AI i (Chair) ATTEST: / p/�,e4,.�/ &% 4 1? rte'• (Clerk) (Fire Department) BY: �� - -a Presiden- B and of D' ectors) ATTEST: 7SAAJ 99L '84-115-L&-k- (Secretary) 47 NORTH CAROLINA CONTRACT AND AGREEMENT . ORANGE COUNTY THIS CONTRACT AND AGREEMENT, made and entered into this the 19th day of May , 1992, by and between the COUNTY of ORANGE, hereinafter referred to as County and the ENO FIRE AND EMERGENCY SERVICES , Inc. , for the protection of the EAST ORANGE Fire District, hereinafter referred to as Fire Department; W I T N E S S E T H: - THAT WHEREAS, North Carolina General Statutes 69-25.5 provides that counties may provide for fire protection in a fire district by contracting with an incorporated nonprofit volunteer or community fire department; and WHEREAS, the EAST ORANGE Fire District is a special tax district created pursuant to Chapter 69 of the North Carolina General Statutes; and WHEREAS, the ENO Fire Department is a nonprofit corporation organized for fire protection purposes; and WHEREAS, County has elected to provide fire protection and fire prevention services and optional first responder services authorized by North Carolina General Statutes 69-25. 7 (hereinafter "services" ) , within the boundaries of the EAST ORANGE. Fire District, by contracting with Fire Department to provide services; and WHEREAS, Fire Department has the ability to provide and is willing to be the contract provider of services within the-boundary of the EAST ORANGE Fire District; and • • 48 2 WHEREAS, County levies and collects the taxes and is responsible for appropriating said funds for the use of the citizens in EAST ORANGE Fire District; and WHEREAS, County desires to establish a renewable contract to enable Fire Department to make long-range plans; NOW, THEREFORE, in consideration of the mutual covenants and premises herein contained, the parties hereto contract and agree as follows : 1. Each fiscal year, the County will cause to be levied a special tax not exceeding 15 cents ($0 . 15) per one hundred dollar valuation of all real and personal property subject to taxation in the EAST ORANGE Fire District unless otherwise limited by law and/or a vote of the people; and will collect said tax as a part of the ad valorem tax collections of the County. The amount levied annually shall be based on a tax rate .approved by the Board of County Commissioners following review of the needs projected in the budget estimate submitted to the County by the Board of Directors of the Fire Department. 2 . That a special revenue fund shall be maintained for each fire district by the County for funds collected as a result of said special tax in which fund appropriations will be based on the budget estimates approved by the County Commissioners. Unappropriated amounts remaining in the revenue fund shall be carried over to the next fiscal year for fire department use. 49 • 3 3. That all appropriations established by the County Commissioners will be remitted to the Fire Department in quarterly payments by the 15th day of the first month of each quarter for the first three quarters beginning in July and ending on March 31, and the final quarterly payment will be made based on the County Finance Director's estimate of overall tax collections through the fiscal year end not to exceed the appropriation amount. All late listing penalties and interest on delinquent taxes associated with collections will be retained by the County as cost of collections . 4 . The Fire Department shall provide the necessary equipment, personnel, and other resources as determined by the North Carolina Department of Insurance, Fire and Rescue Service Division, and the Insurance Service Office for all property located within the EAST ORANGE Fire District, will strive to achieve and maintain at least a 9S insurance rating, and will furnish services free of charge to all persons and individuals within the District. 5. That all funds paid to the Fire Department by the County shall be used exclusively by the Fire Department to provide services within said District, and to pay other legitimate expenses. The Fire Department may provide a first responder program, if it is provided under the guidelines provided by Orange County Emergency Management and under the direction of the Emergency Medical Services Medical Director to provide basic emergency medical care to citizens within the fire distzict. 50 4 6 . The Fire Department shall operate in compliance with all applicable state and local laws and regulations including the Local Emergency Planning Committee Hazardous Materials Training requirements and North Carolina Fire Incident Reporting System, for which reports shall be submitted to the Fire Marshal's Office on a monthly basis . The Fire Department further agrees to annually file with the Fire Marshal's office a current list of its Board of Directors and a roster of its members with addresses , telephone numbers, social security numbers; an annual training report; and a list of fire apparatus including pump and tank size, and specialized fire suppression equipment, no later than July 31. 7 . The County, may inspect all books and accounts of the Fire Department at any time, upon reasonable notice. The Fire Department will present to the County within 90 days of the close of each County fiscal year (July 1-June 30) , an accounting of how public funds have been expended on the forms provided by Orange County Finance Department. 8 . The Fire Department will comply with County budgeting procedures and other procedures provided for by State Law and agrees to submit annual budget estimates and a supporting letter of request for a proposed tax rate signed-by the Board President upon approval by the Board of Directors of the Fire Department. The Emergency Management Office will provide the standard forms used by county departments for presentation to the Board of Commissioners, in accordance with established County budget . 51 5 timetables . The Fire Department will use standard line items for accounting devised or consented to by the County Finance Office. 9 . The Fire Department will file with the County Fire Marshal a true copy of the Articles of Incorporation, existing Bylaws, Standard Operating Procedures, and any changes made thereto from time to time. Further, the Fire Department agrees to amend and adopt its charter and bylaws as necessary to meet all minimum legal requirements for a North Carolina nonprofit corporation, as allowed in G.S. 55A-1 through 55A-43, with or without .voting members which charter and bylaws have provisions enabling citizens of the community to have input in the affairs of the corporation at least at an annual meeting as desribed by G.S . 55A-30 and vesting in the Board of Directors the authority to manage the affairs of the corporation. 10. This contract shall renew automatically each fiscal year on the 1st day of July, and shall continue in effect until terminated by either party hereto, upon three hundred sixty five days (365) written notice to the other party. Any contracts between the County and the Fire Department now in effect, with respect to the subject matter contained herein, are superseded upon the effective date of this contract. 11. This contract was written with the laws of the State of North Carolina in mind. It shall be construed consistent with and interpreted pursuant to the laws of the State of North • . Carolina. 52 6 IN TESTIMONY WHEREOF, the County has caused this instrument to be executed by the chairman of the Board of County Commissioners and attested by• the Clerk to the Board of County Commissioners, and the Fire Department has caused this instrument to be signed in its name by its President, attested by its Secretary, and its corporate seal hereto affixed, all by order of • its Board of Directors duly given. • ORANGE COUNTY BOARD OF C. 1 ISSIONERS BY: (Chair) /fir ATTEST: Ail ► iii° 4- '' Jerk) (Fire Department) BY: R L Prt Board of Directors) ATTEST: . r -� 74?*j--- . (Sect tart') F 53 . s NORTH CAROLINA CONTRACT AND AGREEMENT ORANGE COUNTY THIS CONTRACT AND AGREEMENT, made and entered into this the 19th day of May , 1992, by and between the COUNTY of ORANGE, hereinafter referred to as County and the ORANGE GROVE VOLUNTEER FIRE COMPANY , Inc . , for the protection of the CANE CREEK Fire District, hereinafter referred to as Fire Department; W I T N E S S E T H: THAT WHEREAS, North Carolina General Statutes 69-25 .5 provides that counties may provide for fire protection in a fire district by contracting with an incorporated nonprofit volunteer or community fire department; and WHEREAS, the • CANE CREEK . Fire District is a special tax district created pursuant to Chapter 69 of the North Carolina General Statutes; and WHEREAS, the ORANGE GROVE Fire Department is a. nonprofit corporation organized for fire protection purposes; and WHEREAS, County has elected to provide fire protection and fire prevention services and optional first responder services authorized by North Carolina General Statutes 69-25.7 (hereinafter "services") , within the boundaries of the - CANE CREEK Fire District, by contracting with Fire Department to provide services; and WHEREAS, Fire Department has the ability to provide and is willing to be the contract provider of services within the-,boundary of the CANE CREEK Fire District; and 54 2, WHEREAS, County levies and collects the taxes and is responsible for appropriating said funds for the use of the citizens in CANE CREEK Fire District; and WHEREAS, County desires to establish a renewable contract to enable Fire Department to make long-range plans; NOW, THEREFORE, in consideration of the mutual covenants and premises herein contained, the parties hereto contract and agree as follows: 1 . Each fiscal year, the County will cause to be levied a special tax not exceeding 15 cents ($0. 15) per one hundred dollar valuation of all real and personal property subject to taxation in the CANE CREEK Fire District unless otherwise limited by law and/or a vote of the people; and will collect said tax as a part of the ad valorem tax collections of the County. The amount levied annually shall be based on a tax rate approved by the Board of County Commissioners following review of the needs projected in the budget estimate submitted to the County by the Board of Directors of the Fire Department. 2 . That a special revenue fund shall be maintained for each fire district by the County for funds collected as a result of said special tax in which fund appropriations will be based on the budget estimates approved by the County Commissioners. Unappropriated amounts remaining in the revenue fund shall be carried over to the next fiscal year for fire department use. 55 • 3 3 . That all appropriations established by the County Commissioners will be remitted to the Fire Department in quarterly payments by the 15th day of the first month of each quarter for the first three quarters beginning in July and ending on March. 31, and the final quarterly payment will be made based on the County Finance Director's estimate of overall tax collections through the fiscal year end not to exceed the appropriation amount. All late listing penalties and interest on delinquent taxes associated with collections will be retained by the County as cost of collections. -4 . The Fire Department shall provide the necessary equipment, personnel, and other resources as determined by the North Carolina Department of Insurance, Fire and Rescue Service Division, and the Insurance Service Office for all property located within the CANE CREEK Fire District, will strive to achieve and maintain at least a 9S . insurance rating, and will furnish services free of charge to all persons and individuals-within the District. 5'. That all funds paid to the Fire Department by the County shall be used exclusively by the Fire Department to provide services within said District, .and to pay other legitimate expenses. The Fire Department may provide a first responder program, if it is provided under the guidelines provided by Orange County Emergency Management and under the direction of the Emergency Medical Services Medical Director to provide basic emergency- medical care to citizens within the fire district. , 56 4 6. The Fire Department shall operate in compliance with all applicable state and local laws and regulations including the Local Emergency Planning Committee Hazardous Materials Training requirements and North Carolina Fire Incident Reporting System, for which reports shall be submitted to the Fire Marshal's Office on a monthly basis . The Fire Department further agrees to annually file with the Fire Marshal's office a current list of its Board of Directors and a roster of its members with addresses, telephone numbers, social security numbers; an annual training report; and a list of fire apparatus including pump and tank size, and specialized fire suppression equipment, no later than July 31 . 7 . The County may inspect all books and accounts of the Fire Department at any time, upon reasonable notice. TheeFire Department will present to the County within 90 days of the close of each County fiscal year (July 1-June 30) , an accounting of how public funds have been expended on the forms provided by Orange County Finance Department. 8. The Fire Department will comply with County budgeting procedures and other procedures provided for by State Law and agrees to submit annual budget estimates and a supporting letter of request for a proposed tax rate signed by the Board President upon approval by the Board of Directors of the, Fire Department. The Emergency Management Office will provide the standard forms used by county departments for presentation to the Board of Commissioners, in accordance with established County budget ' : 57 5 timetables. The Fire Department will use standard line items for accounting devised or consented to by the County Finance Office. 9 . The Fire Department will file with the County Fire Marshal a true copy of the Articles of Incorporation, existing Bylaws, Standard Operating Procedures, and any changes made thereto from time to time. Further, the Fire Department agrees to amend and adopt its charter and bylaws as necessary to meet all minimum legal requirements for a North Carolina nonprofit corporation, as allowed in G.S. 55A-1 through 55A-43, with or without voting members which charter and bylaws have provisions enabling citizens of the community to have input in the affairs of the corporation at least at an annual meeting as desribed by G.S. 55A-30 and vesting in the Board of Directors the authority to manage the affairs of the corporation. 10. This contract shall renew automatically each fiscal year on the 1st day of July, and shall continue in effect until terminated by either party hereto, upon three hundred sixty five days (365) written notice to the other party. Any contracts between the County and the Fire Department now in effect, with respect to the subject matter contained herein, are superseded upon the effective date of this contract. 11. This contract was written with the laws of the State of North Carolina in mind. It shall be construed consistent with and interpreted pursuant to the laws of the State of•North Carolina. 58 6 IN TESTIMONY WHEREOF, the County has caused this instrument to be executed by the chairman of the Board of County Commissioners and attested by the Clerk to the Board of County Commissioners, and the Fire Department has caused this instrument to be signed in its name by its President, attested by its Secretary, and its corporate seal hereto affixed, all by order of its Board of Directors duly given. ORANGE COUNTY BOARD OF COMMISSIONERS BY: / (Chair) ATTEST; itClerk) Q c G � x e � (Fire Department) By: 454;64)cir./0( (President, Bo d of Directors) ATTEST: 4��*getnt�aaf�io` '''' Fptl f `1 (Seq aitVa. ' 0 : w SEAL •'.O a • ti# 2 �', few , E %.‘o" •.O Q s�t t� r 59 NORTH CAROLINA CONTRACT AND AGREEMENT ORANGE COUNTY THIS CONTRACT AND AGREEMENT, made and entered into this the 19th day of May ay 1992, by and between the COUNTY of ORANGE, hereinafter referred to as County and the NEW HOPE VOLUNTEER FIRE DEPARTMENT , Inc. , for the protection of the ORANGE NEW HOPE Fire District, hereinafter referred to as Fire Department; W I T N E S S E T H: THAT WHEREAS, North Carolina General Statutes 69-25.5 provides that counties may provide for fire protection in a fire district by contracting with an incorporated nonprofit volunteer or community fire department; and WHEREAS, the ORANGE NEW HOPE Fire District is a special tax district created pursuant to Chapter 69 of the North Carolina General Statutes; and WHEREAS, the NEW HOPE VOLUNTEER Fire Department is a nonprofit corporation organized for fire protection purposes; and WHEREAS, County has elected to provide fire protection and fire prevention services and optional first responder services authorized by North Carolina General Statutes 69-25.7 (hereinafter "services") , within the boundaries of the ORANGE NEW HOPE Fire District, by contracting with Fire Department to provide services; and WHEREAS, Fire Department has the ability ,to provide and is willing to be the contract provider of services within the boundary of the ORANGE NEW HOPE Fire District; and 60 2 WHEREAS, County levies and collects the taxes and is responsible for appropriating said funds for the use of the citizens in ORANGE NEW HOPE Fire District; and WHEREAS, County desires to establish a renewable contract to enable Fire Department to make long-range plans; NOW, THEREFORE, in consideration of the mutual covenants and premises herein contained, the parties hereto contract and agree as follows: 1 . Each fiscal year, the County will cause to be levied a special tax not exceeding 15 cents ($0.15) per one hundred dollar valuation of all real and personal property subject to taxation in the ORANGE NEW HOPE Fire District unless otherwise limited by law and/or a vote of the people; and will collect said tax as a part of the ad valorem tax collections of the County. The amount levied annually shall be based on a tax rate approved by the Board of County Commissioners following review of the needs projected in the budget estimate submitted to the County by the Board of Directors of the Fire Department. 2. That a special revenue fund shall be maintained for each fire district by the County for funds collected as a result of said special tax in which fund appropriations will be based on the budget estimates approved by the County Commissioners. Unappropriated amounts remaining in the revenue fund shall be carried over to the next fiscal year for fire department use. • 61 3 3. That all appropriations established by the County Commissioners will be remitted to the Fire Department in quarterly payments by the 15th day of the first month of each quarter for the first three quarters beginning in July and ending on March 31, and the final quarterly payment will be made based on the County Finance Director's estimate of overall tax collections through the fiscal year end not to exceed the appropriation amount. All late listing penalties and interest on delinquent taxes associated with collections will be retained by the County as cost of collections. 4 . The Fire Department shall provide the necessary. equipment, personnel, and other resources as determined by the North Carolina Department of Insurance, Fire and Rescue Service Division, and the Insurance Service Office for all property located within the ORANGE NEW HOPE Fire District, will strive to achieve and maintain at least a 9S insurance rating, and will furnish services free of charge to all persons and individuals within the District. 5. That all funds paid to the Fire Department by the County shall be used exclusively by the Fire Department to provide services within said District, and to pay other legitimate expenses . The Fire Department may provide a first responder program, if it is provided under the guidelines provided by Orange County Emergency Management and under the direction of the Emergency Medical Services Medical Director to provide basic emergency medical care to citizens within the fire district. a. 62 4 t - 6. The Fire Department shall operate in compliance with all applicable state and local laws and regulations including the Local Emergency Planning Committee Hazardous Materials Training requirements and North Carolina Fire Incident Reporting System, for which reports shall be submitted to the Fire Marshal's Office on a monthly basis. The Fire Department further agrees to annually file with the Fire Marshal's office a current list of its Board of Directors and a roster of its members with addresses, telephone numbers, social security numbers; an annual training report; and a list of fire apparatus including pump and tank size, and specialized fire suppression equipment, no later than July 31. 7 . The County may inspect all books and accounts of the Fire Department at any time, upon reasonable notice. The Fire Department will present to the County within 90 days of the close of each County fiscal year (July 1-June 30) , an accounting of how public funds have been expended on the forms provided by Orange County Finance Department. 8 . The Fire Department will comply with County budgeting procedures and other procedures provided for by State Law and • agrees to submit annual budget estimates and a supporting letter of request for a proposed tax rate signed by the Board President upon approval by the Board of Directors of the Fire Department. The Emergency Management Office will provide the standard forms used by county departments for presentation to the Board of Commissioners, in accordance with established County budget . . y•• 63 5 j timetables. The Fire Department will use standard line items for accounting devised or consented to by the County Finance Office. 9 . The Fire Department will file with the County Fire Marshal a true copy of the Articles of Incorporation, existing Bylaws, Standard Operating Procedures, and any changes made thereto from time to time. Further, the Fire Department agrees to amend and adopt its charter and bylaws as. necessary to meet all minimum legal requirements for a North Carolina nonprofit corporation, as allowed in G.S. 55A-1 through 55A-43, with or without voting members which charter and bylaws have provisions enabling citizens of the community to have input in the affairs of • the corporation at least at an annual meeting as desribed by G.S . 55A.-30 and vesting in the Board of Directors the authority to manage the affairs of the corporation. 10. This contract shall renew automatically each fiscal year on the 1st day of July, and shall continue in effect until terminated by either party hereto, upon three hundred sixty five days (365) written notice to the other party. Any contracts between the County and the Fire Department now in effect, with respect to the subject matter contained 'herein, are superseded upon the effective date of this contract. 11. This contract was written with the laws of the State of North Carolina in mind. It shall be construed consistent with and interpreted pursuant to the laws of the State of ,North Carolina. 64 6 IN TESTIMONY WHEREOF, the County has caused this instrument to be executed by the chairman of the Board of County Commissioners and attested by—the Clerk to the Board of County Commissioners, and the Fire Department has caused this instrument to be signed in its name by its President, attested by its Secretary, and its corporate seal hereto affixed, all by order of its Board of Directors duly given. ORANGE COUNTY BOARD OF COMMISSIONERS ` ik i/ i 1 f BY: + L61 1 (Chair) I • ATTEST: , ark) �' UU 11HE NEW HOPE VOLUNTEER FIRE DEPARTMENT (Fire Department) OMJiBY: (Pr sident, Board of Directors) ATTEST: (Secretary) . 65 • NORTH CAROLINA oRAxG cow CONTRACT AND AGREEMENT THIS CONTRACT AND AGREEMENT, made and entered into this the 19th day of May • 1992, by and between the COUNTY of ORANGE, hereinafter referred to as County and the WHITE CROSS VOLUNTEER EIRE DEPARTMENT, Inc. , for the protectio WHITE CROSS n of the Fire District, hereinafter referred to as Fire Department; W I T N E S S E T g. THAT WHEREAS, North Carolina General Statutes 59-25.5 provides that counties may provide for fire protectio district by n in a fire y contracting with an incorporated nonprofit volunteer or community fire department; and WHEREAS, the WHITE CROSS Fire District is a special tax district created pursuant to Chapter 69 of the North Carolina General Statutes; and WHEREAS, the WHITE CROSS Fire Department is a nonprofit corporation organized for fire protection purposes WHEREAS, Count and y has elected to provide fire protection and fire prevention services and optional first responder authorized by services y North Carolina General Statutes "services" 69-25. 7 (here -after , within the boundaries of the 1rJHITE CROSS 'Fire District, by contracting with Fire Department to provide Services; and WHEREAS, Fire Department has the ability to `^Tillin Y provide and is g to be the contract provider of services within the•b of the WHITE CROSS • oundary Fire District; and 66 2 WHEREAS, County levies and collects the taxes and is responsible for appropriating said funds for the use of the citizens in WHITE CROSS Fire District; and WHEREAS, County desires to establish a renewable contract to enable Fire Department to make long-range plans; NOW, THEREFORE, in consideration of the mutual covenants and premises herein contained, the parties hereto contract and agree as follows: 1. Each fiscal year, the County will cause to be levied a special tax not exceeding 15 cents ($0. 15) per one hundred dollar valuation of all real and personal property subject to taxation in the WHITE CROSS Fire District unless otherwise limited by law and/or a vote of the people; and will collect said tax as a part of the ad valorem tax collections of the County. The amount levied annually shall be based on a tax rate approved by the Board of County Commissioners following review of the needs projected in the budget estimate submitted to the County by the Board of Directors of the Fire Department. 2 . That a special revenue fund shall be maintained for each fire district by the County for funds collected as a, result of said special tax in which fund appropriations will be based on the budget estimates approved by the County Commissioners . Unappropriated amounts remaining in the revenue fund shall be carried over to the next fiscal year for fire department use. 67 3 3. . That all appropriations established by will be remitted Y the County to the Fire Department 15th in quarterly Payments b Y y of the first month of each the first three uarters beginning for q ginning in Jul and and the final quarterl July endin g on March 31, Y Payment will be made based on the County Finance Director's estimate of overall tax collections fiscal year end not to exceed the a through the listin through amount. All late g penalties and interest on delinquent taxes associate collections will be retained b ' d with Y the County as cost of collections. 4 . The Fire Department shall P provide the necessary equipment, personnel, and other resources as determined by the North Carolina Department of Insurance, Fire a Division and Rescue Service and the Insurance Service Office for all located within the property WHITE CROSS District, will strive to achieve Fire ve and maintain at least a 9S insurance rating, and will furnish services free of charge to all persons and individuals within the District 5. That all funds paid to , o the Fire Department by the County shall be used exclusively x lusively by the Fire Department to provide services within said District, and to pay other legitimate expenses. The Fire Department g zmate nt may provide a 'f.irst responder Pr°gram, if it is provided under the guidelines provided by Orange County Emergency Management and under the direction Emergency Medical Services of the Medical Director to provide basic emergency medical care to citizens within the fire distridt. , 68 4 6. The Fire Department shall operate in compliance with all applicable state and local laws and regulations including the Local Emergency Planning Committee Hazardous Materials Training requirements and North Carolina Fire Incident Reporting System, for, which reports shall be submitted to the Fire Marshal 's Office on a monthly basis , The Fire Department further agrees to annually file with the Fire Marshal 's office a current list of its Board of Directors and a roster of its members with addresses, telephone numbers, social security numbers; an annual training report; and a last of fire apparatus including pump and tank size, and specialized fire suppression equipment, no later than July 31, 7 . The County may inspect all books and accounts of the Fire Department at any time, upon reasonable notice. The Fire Department will present to the County within 90 days of the close of each County fiscal year (July 1-June 30) , an accounting of how public funds have been expended on the forms provided by Orange County Finance Department. 8. The Fire Department will comply with County budgeting and other procedures provided for b y State Law and agrees to submit annual budget estimates and a supporting PP g letter of- request for a proposed tax rate signed b t Y' he Board President upon approval by the Board of Directors of the Fire Department. The Emergency Management Office will provide the standard forms used by county departments for presentation to the Board of Commissioners r in accordance with established County budget 69 5 timetables. The Fire Department will use standard line items for accounting devised or consented to by the County Finance Office. 9. The Fire Department will file with the Cou Marshal a true cagy of the Articles y Fire cles of Incorporation, existing Bylaws, Standard Operating Procedures thereto . and any changes made from time to time. Further, the Fire Department agrees to amend and adopt its charter and bylaws as necessary minimum legal requirements to meet all irements for a North Carolina nonprofit corporation, as allowed in G.S. 55A-1 through 55A-43, with or without voting members which charter and b la enabling citizens of Y ws have provisions the community to have input the corporation P in the affairs of at least at an annual meeting q as desribed by and vesting in the Board of Directors the au manage the affairs of the corporation. horny to on 10. This contract shall renew automaticall year on the Ist day of Jul Y each fiscal July, and shall Continue in effect until terminated by either party hereto, u p on three hundred sixt days (3E5) written notice to Y five the other party. Any contracts between the County and the Fire Department now in effect, with respect to the subject matter contained herein upon the effective date of this . are superseded s contract. lI. This contract was of Nort It of with the laws of h Carolina in mind. the State shall be construed consistent with and interpreted pursuant to the laws of the Carolina. State °f ,North • 70 •f 6 . IN TESTIMONY WHEREOF, the County has caused this instrument to be executed by the chairman of the Board of County Commissioners and attested by. the Clerk to the Board of County Commissioners, and the Fire Department has caused this instrument to be signed in its name by its President, attested by its Secretary, and its corporate seal hereto affixed, all by order of its Board of Directors duly given. ORANGE COUNTY BOARD OP 'MMISSIONERS / BY: (Chair) ATTEST: (Cler ) ` (Fire Department) BY: e. (Presid-,• t, Board of Directors) • ATTEST: AOf A::. I , t (Secretary) 71 • S STATE OF NORTH CAROLINA , FIRE- PROTECTION CONTRACT ORANGE COUNTY - . This agreement is made and entered into this 1st day of July, 1982, by and between Orange County (hereinafter, "the County") and the Town of Carrboro (hereinafter, "the Town") . WHEREAS, the County has established the South Orange Fire District and wishes to have fire protection services pro- vided to the residents and property owners within this district by the Carrboro Fire Department; and WHEREAS, the Town has provided fire protection to the South Orange Fire District in past years and wishes to continue to provide such services at a fair rate of compensa-- •tian in the future; and - WHEREAS, the County and the Town are authorized to enter this agreement by Article 3A of Chapter 69 of the North Carolina General Statutes . - NOW, THEREFORE, the Town and the County hereby agree as follows: 1. The Town shall, to the best of its ability, furnish such fire fighting equipment and personnel as the Town deems necessary for the purpose of providing fire protection to pro- perty and persons located within the South Orange Fire District, as the boundaries of such district are now constituted or may hereafter be amended. In accordance with G. S. 69-25. 8 , in providing such fire protection services , the Town shall be sub- ject to the same immunities it enjoys in the operation of a fire department within its corporate limits . 72 2. The Town's obligation to respond to calls in accordance with this 72 shall be secondary and subordinate to the Town's duty to furni-sh p"otec- ion to the residents and property owners of the Town: 3. In consideration of the services described in Section 1, the County shall pay the Town annually the amount determined as follows: a. Determine the South Orange Fire District's share of common fire protection expenses (the 'Tire district percentage`}. This shall be equal to the average of the following two percentages: 1., The percentage derived by dividing the assessed valuation of the real and personal property within the fire district by the total assessed valuation of all real and personal property within the Town of Carrboro and the fire district. • The assessed valuation figures used in this calculation shall be those used by the County and the Town in budgeting for the upcoming fiscal year. 2. The percentage derived by dividing the number of fire calls within the fire district for the prior three years by the • number of calls within the Town and the fire district for the prior three years. b.. Add together the fire district percentage of: I. The total budget for the fire department as shown in the an- nual town budget, except that for purposes of this calcula- tion only one half of the personnel cost of the Inspector's position shall be included in the budget; plus 2. The budgeted figure for debt service on the Town's fire station; plus 3. A 550,000 general fund contribution amortized over forty years: • -2- • • 73 • c. To the sum derived in b. , add the cost of amortizing over • fifteen years the capital cost(`'58,462)of the pumper and tanker acquired by the Town in order to provide service to the fire district. 4. The Town shall submit to the County by May 15th of each year the figure derived according to'the procedures set forth in paragraph three so that the County can use this figure in setting the fire district tax rate. If the Town's budget is not finally approved by the Board of Aldermen in sufficient time to meet this dealine, the Town may use the town manager's recommended budget as a basis for making the calculation required under paragraph three. 5. The sum provided for herein shall be paid by the County to the • Town in four quarterly installments, one each being due on July 1, October 1, January 1 and March 1. 6. This contract shall be effective July 1, 1982 and may be cancelled by either party upon written notice to the other not less than 90 days prior to the end of the last fiscal year for which fire services are to be provided herein. This contract is entered into the day and year first above written. TOI�JN BOR CARR � - BY ,� ATTEST: Ri' hard F. } under, Town Manager C-S-eca_) Sarah C. Williamson, Town Clerk ORANGE COUNTY • BY: �'/1 l�' �%� 'ichard E. t'Jhitted, Chairn:ail%' ATTEST: • Orange County Board of Commissioners ■69 . tir 'aulette Pridgen-ice, 'erk to the Board of Commissioners -3- 74 , r " r ' This Contract has been preaudited in the manner required by the Local Government Budget and Fiscal Contral Act. • BY: _l / ft3 Wallace H. Harding Orange County Finance Officer • • • • • • • • • • • • -4- 75 t 05igg4 NORTH CAROLINA ORANGE COUNTY CONTRACT AND AGREEMENT THIS CONTRACT AND AGREEMENT, made and entered into this the 2 day of S c,,1r , 1992 , by and between the COUNTY of ORANGE, hereinafter referred to as County and the North Chatham Volunteer Fire Department, Inc. , hereinafter referred to as Fire Department; W I T N E S S E T H: THAT WHEREAS, North Carolina -General Statutes 69-25.5 provides that counties may provide for fire protection in a fire district by contracting with an incorporated nonprofit volunteer or community fire department; and WHEREAS, Damascus and Southern Triangle Fire Districts are special tax districts created pursuant to Chapter 69 of the North Carolina General Statutes; and WHEREAS, Fire Department is a; nonprofit corporation organized for fire protection purposes; and WHEREAS, County has elected to provide fire protection and fire prevention services and optional first responder services authorized by North Carolina General Statutes 69-25. 7 {hereinafter Itservices") , within the boundaries of the Damascus and Southern Triangle Fire Districts, by contracting with Fire Department to provide services; and WHEREAS, Fire Department has the ability to Y provide and is willing to be the contract provider of services within the boundaries of Damascus and Southern Triangle Fire Districts; and 76 WHEREAS, County levies and collects the taxes and is responsible for appropriating said funds for the use of the citizens in the Damascus and Southern Triangle Fire Districts; and WHEREAS, County desires to establish a renewable contract to enable Fire Department to make long-range plans; NOW, THEREFORE, in consideration of the mutual covenants and premises herein contained, the parties hereto contract and agree as follows: 1. Each fiscal year, the County will cause to be levied a special tax not exceeding 15 cents ($0. 15) per one hundred dollar valuation of all real and personal property subject to taxation in the Damascus and Southern Triangle Fire Districts unless otherwise limited by law and/or a vote of the people; and will collect said tax as a part of the ad valorem tax collections of the County. The amount levied annually shall be based on a tax rate approved by the Board of County Commissioners following review of the needs projected in the budget estimate submitted to the County by the Board of Directors of the Fire Department and shall be sufficient to provide an appropriation to Fire Department of Fifty Thousand and No/100 Dollars ($50,000 ..00) less the amount equal to all payments received by Fire Department from any municipality pursuant to N.C. Gen. Stat. 160A-31.1, 160A-37 ,2 and 160A-49.2 (proportionate share of debt service) and N.C. Gen. Stat. 160A- 37 . 1 and 160A-49 . 1 (contract between municipality and rural fire department for fire protection service) . { � i 77 3 2 . That a special revenue fund shall be maintained for each fire district by the County for funds collected as a result of said special tax in which fund appropriations will be based on the budget estimates approved by the County Commissioners. Unappropriated amounts remaining in the revenue fund shall be carried over to the next fiscal year for fire department use. 3 . That all appropriations established by the County Commissioners will be remitted to the Fire Department in quarterly ' payments by the 15th day of the first month of each quarter for the first three quarters beginning in July and ending on March 31, and the final quarterly payment will be made based on the County Finance Director' s estimate of overall tax collections through the fiscal year end not to exceed the appropriation amount. All late listing penalties and interest on delinquent taxes associated with collections will be retained by the County as cost of collections. 4. The Fire Department shall provide the necessary equipment, personnel, and other resources as detenuined by the North Carolina Department of Insurance, Fire and Rescue Service Division, and the Insurance service Office for all property located within the Damascus and Southern Triangle Fire Districts, will strive to achieve and maintain at least a 9S insurance rating, and will furnish services free of charge to all persons and individuals within the Districts. 78 4 ' 5. That all funds paid to the Fire Department by the County shall be used exclusively by the Fire Department to provide services within said Districts, and to pay other legitimate expenses. The Fire Department may provide a first responder program, if it is provided under the guidelines provided by Orange County Emergency Management and under the direction of the Emergency Medical Services Medical Director to provide basic emergency medical care to citizens within the fire. districts . 6. The Fire Department shall operate in compliance with all • applicable state and local laws and regulations including the Local Emergency Planning Committee Hazardous Materials Training requirements and North Carolina Fire Incident Reporting System, for which reports shall be submitted to the Fire Marshal 's Office on a monthly basis. The Fire Department further agrees to annually file with the Fire Marshal 's office a current list of its Board of Directors and a roster of its members with addresses, telephone numbers, social security numbers; an annual training report; and a list of fire apparatus including pump and tank size, and specialized fire suppression equipment, no later than July 31. 7. The County may inspect all books and accounts of the Fire Department at any time, upon reasonable notice. The Fire Department will present to the County within 90 days of the close of each County fiscal year (July 1--June 30) , an accounting of how public funds have been expended on the forms provided by Orange County Finance Department. • 79 • _ g 8. The Fire Department will comply with County budgeting procedures and other procedures provided for by State Law and agrees to submit annual budget estimates and a supporting letter of request for a proposed tax rate signed by the Board President upon approval by the Board of Directors of the Fire Department. The Emergency Management Office will provide the standard forms used by county departments for presentation to the Board of Commissioners, in accordance with established county budget timetables. The Fire Department will use standard line items for accounting devised or consented to by the County Finance Office. 9 . The Fire Department will file with the County Fire Marshal a true copy of the Articles of Incorporation, existing Bylaws, Standard Operating Procedures, and any changes made thereto from time to time. Further, the Fire Department agrees to amend and adopt its charter and bylaws as necessary to meet all minimum legal requirements for a North Carolina nonprofit corporation, as allowed in G.S. 55A-1 through 55A-43 , with or without voting members which charter and bylaws have provisions enabling citizens of the community to have input in the affairs of the corporation at least at an annual meeting as described by G.S. 55A-30 and vesting in the Board of Directors the authority to manage the affairs of the corporation. 10. This contract shall renew automatically each fiscal year on the 1st day of Jul Y July, and shall continue in effect until - f terminated by either party hereto, upon three hundred sixty five • 80 6 days (365) written notice to the other party. Any contracts between the County and the Fire Department now in effect, with respect to the subject matter contained herein, are superseded upon the effective date of this contract. 11. This contract was written with the laws of the State of North Carolina in mind. It shall be construed consistent with and interpreted pursuant tothe laws of the State of North Carolina. IN TESTIMONY WHEREOF, the County. has caused this instrument to be executed by the chairman of the Board of County Commissioners ' and attested by the Clerk to the Board of County Commissioners, and the Fire Department has caused this instrument to be signed in its name by its President, attested by its Secretary, and its corporate seal hereto affixed, all by order of its Board of Directors duly given. ORANGE COUNTY BOARD OF COMMISSIONERS (Chair) ATTEST: di (Clerk) (144,-rj,„ A1474::- (Fire Department) • • v (Pr si , Board of Directors) ATTEST: (Sec etarr) 81 ORANGE COUNTY NORTH CAROLINA AMENDMENT TO CONTRACT AND AGREEMENT THIS AMENDMENT, agreed to this date of June, 1999, between Orange County and North Chatham Volunteer Fire Department,Inc. WITNESSETH: WHEREAS, Orange County (County) and North Chatham Volunteer Fire Department (Department) entered into an agreement on July 28, 1992,whereby Depal latent provides fire protection to persons and property in the Southern Triangle and Damascus Fire Districts;and WHEREAS,County and Department wish to continue this agreement at the current level of service;and WHEREAS,increasing costs of providing the current level of service to the two fire districts necessitate a modification to the annual appropriation stipulated in the existing agreement; NOW,THEREFORE,in consideration of the mutual covenants and premises herein contained,the parties agree that the CONTRACT AND AGREEMENT dated July 2, 1992,is amended as follows: I. The second sentence in paragraph 1 is amended to read: "The amount levied annually shall be based on a tax rate approved by the Board of Commissioners following review of the needs projected in the budget estimate submitted to the County by the Board of Directors of the Fire Department,and shall be sufficient to provide an appropriation to Fire Department of Eighty Thousand dollars ($80,000)less the amount equal to all payments received by Fire Depa�turlent from any municipality pursuant to N.C. General Statute 160A-31.1, 160A-37.2, and 160A-49.2 (proportionate share of debt service) and N.C. General Statute 160A-37.1 and 1601-49.1 (contract between municipality and rural fire department for fire protection service)." 2. All other terms and conditions of the original agreement shall remain in force. Executed this the 30th day of June,1999. FOR AND ON BEHALF OF ORANGE COUNTY 441_445„3 Alice M.Gordon,Chair FOR AND ON BEHALF OF NORTH CHATHAM VOLUNTEER FIRE DEPARTMENT tMJ • :r :4a. Phil Poythress, Chair) This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control"Act. Kenneth T.Chavious Finance Director 82 2 ORANGE COUNTY NORTH CAROLINA AMENDMENT TO CONTRACT AND AGREEMENT THIS AMENDMENT, agreed to this 23d of June, 2004,between Orange County and North Chatham Volunteer Fire Department, Inc. WITNESSETH: WHEREAS,Orange County(County)and North Chatham Volunteer Fire Department(Department) entered Into an agreement on July 28, 1992,whereby Department provides fire protection to persons and property In the Southern Triangle and Damascus Fire Districts;and WHEREAS,County and Department wish to continue this agreement at the current level of service;and WHEREAS,increasing costs of providing the current level of service to the two fire districts necessitate a modification to the annual appropriation stipulated In the existing agreement; NOW,THEREFORE,in consideration of the mutual covenants and premises herein contained, the parties agree that the CONTRACT AND AGREEMENT dated July 2, 1992,Is amended as follows: 1. The second sentence In paragraph 1 is amended to read: "The amount levied annually shall be based on a tax rate approved by the Board of Commissioners following review of the needs projected in the budget estimate submitted to the County by the Board of Directors of the Fire Department,and shall be sufficient to provide an appropriation to Fire Department of One Hundred Thirty Four Thousand dollars ($134,000)less the amount equal to all payments received by Fire Department from any municipality pursuant to N.C.General Statute 160A-31.1, 160A-312, and 160A-49.2(proportionate share of debt service)and N.C.General Statute 160A- 37.1 and 160A-49.1 (contract between municipality and rural fire department for fire protection service)." 2. All other terms and conditions of the original agreement shall remain in force. Executed this the 23d day of June, 2004. FOR AND ON BEHALF OF ORANGE Barry,acobs air FOR AND ON = FO' a H CHATHAM VOLU rFIR PARTMENT ferif b•tt Geasihy, residen Board of Directors This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal.,„Gdfttrol rt. ` Kenneth T.Chavious Finance Director