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HomeMy WebLinkAboutAgenda - 05-21-2013 - 7aORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: May 21, 2013 Action Agenda Item No. 7 -a SUBJECT: Approval of New Fire Protection and Emergency Services Agreements for Three (3) New Fire Service Districts with the Town of Chapel Hill, Town of Carrboro and North Chatham Fire Department DEPARTMENT: Emergency Services PUBLIC HEARING: (Y /N) No ATTACHMENT(S): 1) Fire Protection and Emergency Services Agreement — Chapel Hill 2) Fire Protection and Emergency Services Agreement — Carrboro 3) Fire Protection and Emergency Services Agreement — North Chatham Fire Department INFORMATION CONTACT: John Roberts, 245 -2318 Michael Talbert, 245 -2308 1 PURPOSE: To approve new Fire Protection and Emergency Services Agreements for Three (3) New Fire Service Districts with the Town of Chapel Hill, Town of Carrboro and North Chatham Fire Department. BACKGROUND: On September 13, 2011 the Board was presented options for changing fire protection districts to improve insurance ratings for the 1,156 properties located outside of six (6) road miles from the closest fire station located in their fire insurance district. A County Attorney's memorandum dated September 1, 2011 provided a legal opinion for fire protection tax districts, with the available options listed below: 1. Realign Fire Insurance District boundaries without changing Fire Tax Districts. 2. Change existing Fire Protection Districts, which would also change the Fire Tax District. 3. Establish one or more Fire Service Districts to replace or overlay existing Fire Protection Districts which could also change Fire Tax Districts. On April 23, 2013 the Board approved the creation of three (3) New Fire Service Districts to overlay and replace three (3) existing Fire Protection Districts. The three (3) new Fire Services Districts are proposed to be the South Orange Fire Service District, Southern Triangle Fire Service District and Greater Chapel Hill Fire Service District. I South Orange Fire Service District The Town of Carrboro will continue to provide fire protection for the South Orange Fire Insurance District. Attachment 2 is the proposed Fire Protection and Emergency Services Agreement with the Town of Carrboro, with Exhibit A showing a map of the new South Orange Fire Service District. Property valuation of $519,304,114 is estimated for the new South Orange Fire Service District. On December 4, 2012 the Carrboro Board of Aldermen Town voted to approve a resolution to modify the existing South Orange Fire Insurance District. Carrboro is requesting a fire tax rate of 10 cents per $100 of real and person property value. Southern Triangle Fire Service District The North Chatham Fire Department will continue to provide fire service for both the Damascus Fire Protection and new Southern Triangle Fire Service District. Attachment 3 is the proposed Fire Protection and Emergency Services Agreement with the North Chatham Fire Department, with Exhibit A showing a map of the new Southern Triangle Fire Service District. Property valuation of $192,104,330 is estimated for the new Southern Triangle Fire Service District. The North Chatham Fire Department is scheduled to approve the proposed agreement for the Southern Triangle Fire Service District in the coming weeks. There will be a separate agreement for the Damascus Fire Protection District since a different NC General Statute provides the County authority to contract for Fire Protection. North Chatham Fire Department is requesting tax rate of 8.8 cents beginning July 1, 2013. Greater Chapel Hill Fire Service District The Town of Chapel Hill will provide fire protection for the new Greater Chapel Hill Fire Service District. Attachment 1 is the proposed Fire Protection and Emergency Services Agreement with the Town of Chapel Hill, with Exhibit A showing a map of the new Greater Chapel Hill Fire Service District. Property valuation of $193,226,284 is estimated for the new Greater Chapel Hill Fire Service District. On February 27, 2013, the Chapel Hill Town Council voted unanimously to enter into a service agreement to extend the Town's current fire district into the affected neighborhoods for a period of 5 years with a 15 cent tax levy per one - hundred dollar valuation of real and personal property. FINANCIAL IMPACT: There is no financial impact to the County, but there is a financial impact on all property owners in the three (3) new Fire Service Districts with higher Fire District Tax rates for the property owners. RECOMMENDATION(S): The Manager recommends that the Board approve and authorize the Chair to sign new Fire Protection and Emergency Services Agreements for Three (3) New Fire Service Districts with the Town of Chapel Hill, Town of Carrboro and North Chatham Fire Department. t Attachment 1 STATE OF NORTH CAROLINA ORANGE COUNTY FIRE PROTECTION AND EMERGENCY SERVICES AGREEMENT THIS AGREEMENT (this "Agreement), made and entered into this day of 2013 by and between Orange County, hereinafter referred to as the "County" and Town of Chapel Hill, hereinafter referred to as the "Town ", both referred to herein individually as "Party" and jointly as "Parties ". WITNESSETH: County created the Greater Chapel Hill Fire Service District (the "District ") as a County Service District as delineated on Exhibit A to this Agreement pursuant to Chapter 153A, Article 16 of the North Carolina General Statutes and desires to contract with Town for fire protection and other services as set out herein. 2. Pursuant to N.C.G.S. Sec. 153A -307, the County agrees that it will cause to be assessed or levied a special tax of fifteen cents ($.15) per one - hundred dollar ($100) valuation of all real and personal property in the District unless otherwise limited or prohibited by law or a vote of the people, and will collect said tax as a part of the ad valorem taxes of Orange County; provided however, the amount levied annually shall be based on the needs projected in the budget estimate submitted by the Town to the County as approved by the County. 3. That a special or separate fund shall be maintained by the County for funds collected as a result of said special tax. 4. That from said special tax ninety -eight and one -half percent (98.5 %) of current and delinquent funds collected on real and personal property excluding motor vehicles and ninety -eight and one -half percent (98.5 %) of funds collected on motor vehicles shall be remitted to the Town 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. The Town shall provide and furnish adequate fire protection services and 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 persons and property located within the District. Town currently has an insurance rating of 3 , and during the term of this Agreement will maintain at least a 3 insurance rating. Town will furnish fire, rescue and medical responder services on the same basis and in the same manner as it provides such services within the Town free of charge to all persons and individuals within the District, provided, however that this Agreement shall not prevent the Town from imposing fees, so long as such fees are the same for properties in the District M and in the Town. By way of illustration, but not limitation, in the event the Town were to establish a charge for responding to a false alarm, it may assess such fees within the District to the same extent that such fees are assessed to properties within the Town. 6. That all funds paid to the Town by the County shall be used exclusively by the Town to provide fire protection services within the District (See Exhibit A), and the Town may also use said funds to provide first responder and rescue services within the District, and to pay other legitimate fire, rescue, and first responder expenses directly attributable to the services rendered within the District. 7. The Town shall provide First Responder Services within the District to provide basic emergency medical care to the citizens within the District on the same manner in which such services are provided within the Town. First Responder Services are defined as the provision of Basic Life Support treatment as needed until such time as more highly trained personnel arrive on scene. Such First Responder Services may be provided through mutual aid agreements or through third party contracts. The Town shall provide Rescue Services within the District to provide basic Rescue Services to the citizens within the District on the same manner in which such services are provided within the Town. Rescue Services are defined as the removal or freeing of individuals from confinement or danger and includes extrication, confined space rescue, water rescue, high angle rescue, swift water rescue, structural collapse rescue, trench rescue, and dive rescue. Such Rescue Services may be provided through mutual aid agreements or through third party contracts. 9. In providing the services contemplated herein the Town shall operate in compliance with all applicable State and local laws and regulations including, but not limited to the North Carolina Fire Incident Reporting System (G.S. 58- 79 -45, NC Administrative Code, §.0402). The Town shall submit incident reports electronically to the Fire Marshal's Office by the 10th of each and every month in accordance with said directives. The Town further agrees to file with the Fire Marshal's Office a current list of its Town Council, and a roster of its Town Fire Department personnel, an annual training report, and a list of apparatus including pump and tank size, and specialized fire suppression and rescue equipment, no later than July 31St of each year. The County shall have the right to inspect all books and accounts for the Town Fire Department at any time. Said inspection shall be conducted by the Orange County Fire Marshal's Office and /or Orange County Finance Office and /or their designee. The following minimal performance standards are agreed upon by the County and the Town and are a part of this contract: A. Dispatching Protocols. Town shall comply with Orange County dispatching protocols and policies. The County shall consult with the Town prior to implementing new or changing said protocols. B. Response Time. Town should have the goal of having an average response time (time of dispatch until time of arrival) of 5 minutes or less for structural fire calls within the recognized Insurance District. Town should have the goal of having an average response time of 5 minutes or less for First Responder and Rescue Services. W C. Manpower on Scene. Town should have adopted standard operating guidelines that address the appropriate number of firefighters needed on all type fire calls. The National Incident Management System shall be used at all incidents to manage personnel. D. Training. Town shall have the minimum standard training requirements set forth by the State of North Carolina for providing fire and emergency services provided by the Town. For purposes of this agreement emergency services includes both first responder services and rescue services. E. Fire Investigations. The Town officer in charge at all fire scenes shall attempt to determine the cause and origin of every fire. When the officer in charge cannot determine the cause and origin of the fire, or if the cause is suspected to be of an incendiary nature, the officer in charge may request assistance from the Orange County Fire Marshal's Office. F. Reports. Town shall keep all records on site for a minimum period of seven (7) years. All State and county required reports and rosters shall be submitted by the applicable deadlines. G. Fire Hydrants. Fire hydrants in the District the Town shall be tested by the Orange Water and Sewer Authority on the same schedule and in the same manner as OWASA tests hydrants within the Town. H. Emergency /Disaster Response. Town shall follow the Town of Chapel Hill Emergency Operations Plan (EOP) when responding to an emergency or disaster in the District. State of Emergency. County requests that Town, when available, assist with the following services, but not limited to, before, during, and following times of emergency /disaster: 1) Debris Removal; 2) Debris Clearance; 3) Traffic Control; 4) Alert and Notification; 5) Search and Rescue; 6) Evacuation; and 7) other life- saving and property protection measures as necessary. All operations shall be in accordance with the North Carolina Mutual Aid Policy. Rescue Services. When Town provides Rescue Service it shall be done in accordance with the rules set forth by the National Fire Prevention Association. K. First Responder Services. When Town provides First Responder Services assistance, it shall be done in accordance with the rules set forth by the Orange County Emergency Services Department. 10. The Town shall present the County with an audit by a Certified Public Accountant, which shall be in conformity with General Accepted Accounting Principles. Such audit to be provided and be in conformity with the most recent audit policies the North Carolina Local Government Commission. Further, the Town agrees to comply with County budgeting procedures including a mid -year financial statement for its u Fire Department and other procedures provided for by State Law and agree to submit budget estimates to the Board of Commissioners on the standard forms used by County departments. The Town also agrees to use standard line items for accounting as requested by the County Finance Department. 11. The Town shall comply with the County budgeting procedures and purchasing procedures provided for by state law and shall submit annual budget estimates for the Fire Department in accordance with established County budget timetables along with a supporting letter of request for a proposed tax rate signed by the Town's Town Manager upon approval of its Town Council. The County will provide the Town with standard forms for budget submission and the Town shall use such standard forms. 12. The Town agrees to the extent allowed by law to hold harmless and indemnify the County from and against any and all liability and expenses including attorney fees, court costs and other costs incurred by the County caused by any act or omission of the Town, its agents and employees. The Town shall purchase and maintain, during the term of this Agreement, and any extension hereof, at least the following insurance coverage: A. Workers' Compensation: Coverage to apply for all employees for statutory limits in compliance with the applicable state and federal laws. The policy must include employer's liability with a limit of $100,000 for each accident, $100,000 bodily injury by disease each employee and $500,000 bodily injury by disease policy limit. B. Comprehensive General Liability: Shall have minimum limits of $1,000,000 per occurrence combined single limit for bodily injury liability and property damage liability. This shall include premises and /or operations, independent contractors, products and /or completed operations, broad form property damage and explosion, collapse and underground damage coverage, sudden and accidental pollution losses, and a contractual liability endorsement. C. Business Auto Policy: Shall have minimum limits of $1,000,000 per occurrence combined single limit for bodily injury liability and property damage liability. This shall include: owned vehicles, hired and non - owned vehicles and employee non - ownership. D. Special Requirements: The Town of Chapel Hill will name Orange County as the additional insured on the Comprehensive General Liability policy. E. Current, valid insurance policies meeting the above requirements shall be maintained for the duration of the project. Renewal certificates shall be sent to Orange County thirty (30) days prior to any expiration date. There shall also be a 30 day notification to Orange County in the event of cancellation or modification of any stipulated E 7 insurance coverage. Certificates of Insurance on an Acord 25 (8/84) or similar form meeting the required insurance provisions shall be forwarded to the Orange County. Wording on the Certificate of Insurance which states that no liability shall be imposed upon the company for failure to provide such notice is not acceptable. 13. In connection with the performance of this Agreement, the Town agrees not to discriminate against any employee, member, or applicant for employment or membership because of race, color, national origin, religion, creed, sex, sexual orientation, age, disability, political affiliation, and Vietnam -Era or disabled veteran status. Employees, members and applicants must however, be competent and capable to perform the requirements of the job. The Town agrees to take all reasonable measures to insure that applicants are employed, and that employees are treated appropriately, during their employment, without regard to their race, color, national origin, religion, creed, sex, sexual orientation, age, disability, political affiliation, and Vietnam -Era or disabled veteran status. 14. This Agreement is effective as of July 1, 2013 and shall continue for a term of five (5) years unless terminated as hereinafter provided. This Agreement may be renewed for two additional five -year terms upon mutual agreement of the Parties. Either Party may terminate this Agreement effective at the end of any fiscal year by giving the other Party notice at least one (1) year in advance of the end of the fiscal year that the Agreement is to terminate. 15. This Agreement sets forth the entire understanding of the Parties and supersedes any and all prior agreements, arrangements, and understandings related to the subject matter hereto. This Agreement may not be changed or terminated except in writing and as provided herein, and no notice shall be effective unless evidenced by a written instrument duly executed by the Party or Parties, hereto and delivered as follows: If to County If to Town Orange County Town of Chapel Hill Attn: County Manager Attn: Town Manager P.O. Box 8181 405 Martin Luther King. Jr. Boulevard Hillsborough, NC 27278 Chapel Hill, NC 27514 16. This Agreement shall be binding upon and inure to the benefit of the Parties and their respective successors, legal representatives and assigns, but this Agreement may not be assigned by either Party without prior written consent of the other Party, which may be withheld in the sole discretion of a Party. 17. No act or failure to act by the County or the Town shall constitute a waiver of any right or duty granted to the Parties by the terms of this Agreement. Nor shall any act or failure to act constitute any approval except as specifically agreed to in writing. IN WITNESS WHEREOF, the County has caused this instrument to be executed by the Chairperson of the Board of County Commissioners and attested by the Clerk to the Board of County Commissioners, and the Town has caused this instrument to be signed in its corporate name by its Town Manager, attested by its Clerk, and its corporate seal hereto affixed. Acknowledged and agreed to the day and date first above recorded. ORANGE COUNTY TOWN OF CHAPEL HILL Chair ATTEST: F_-W ATTEST: Clerk Board of Commissioners Secretary (County Seal) Town Manager (Corporate Seal) Town Clerk attests date this the _day of , 2013. Approved as to Form & Authorization TOWN ATTORNEY This instrument has been pre- audited in the manner required by the Local Government Budget and Fiscal Control Act. FINANCE OFFICER FIRE CHIEF no i I LU .• Mon- WMI �, \; •_oar �....�N�■ LOT MI So lo/i WE Alff I' MAL F pr IN 1 MIL �W-. �r y IAN agg 10 Attachment 2 STATE OF NORTH CAROLINA ORANGE COUNTY FIRE PROTECTION AND EMERGENCY SERVICES AGREEMENT THIS AGREEMENT (this "Agreement), made and entered into this day of 2013 by and between Orange County, hereinafter referred to as the "County" and Town of Carrboro, hereinafter referred to as the "Town ", both referred to herein individually as "Party" and jointly as "Parties ". WITNESSETH: 1. County created the South Orange Fire Service District (the "District ") as a County Service District as delineated on Exhibit A to this Agreement pursuant to Chapter 153A, Article 16 of the North Carolina General Statutes and desires to contract with Town for fire protection and other services as set out herein. 2. Pursuant to N.C.G.S. Sec. 153A -307, the County agrees that it will cause to be assessed or levied a special tax of fifteen cents ($.10) per one - hundred dollar ($100) valuation of all real and personal property in the District unless otherwise limited or prohibited by law or a vote of the people, and will collect said tax as a part of the ad valorem taxes of Orange County; provided however, the amount levied annually shall be based on the needs projected in the budget estimate submitted by the Town to the County as approved by the County. 3. That a special or separate fund shall be maintained by the County for funds collected as a result of said special tax. 4. That from said special tax ninety -eight and one -half percent (98.5 %) of current and delinquent funds collected on real and personal property excluding motor vehicles and ninety -eight and one -half percent (98.5 %) of funds collected on motor vehicles shall be remitted to the Town 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. The Town shall provide and furnish adequate fire protection services and 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 persons and property located within the District. Town currently has an insurance rating of , and during the term of this Agreement will maintain at least a _ insurance rating. Town will furnish fire, rescue and medical responder services on the same basis and in the same manner as it provides such services within the Town free of charge to all persons and individuals within the District, provided, however that this Agreement shall not prevent the Town from imposing fees, so long as such fees are the same for properties in the District 11 and in the Town. By way of illustration, but not limitation, in the event the Town were to establish a charge for responding to a false alarm, it may assess such fees within the District to the same extent that such fees are assessed to properties within the Town. 6. That all funds paid to the Town by the County shall be used exclusively by the Town to provide fire protection services within the District (See Exhibit A), and the Town may also use said funds to provide first responder and rescue services within the District, and to pay other legitimate fire, rescue, and first responder expenses directly attributable to the services rendered within the District. 7. The Town shall provide First Responder Services within the District to provide basic emergency medical care to the citizens within the District on the same manner in which such services are provided within the Town. First Responder Services are defined as the provision of Basic Life Support treatment as needed until such time as more highly trained personnel arrive on scene. Such First Responder Services may be provided through mutual aid agreements or through third party contracts. The Town shall provide Rescue Services within the District to provide basic Rescue Services to the citizens within the District on the same manner in which such services are provided within the Town. Rescue Services are defined as the removal or freeing of individuals from confinement or danger and includes extrication, confined space rescue, water rescue, high angle rescue, swift water rescue, structural collapse rescue, trench rescue, and dive rescue. Such Rescue Services may be provided through mutual aid agreements or through third party contracts. 9. In providing the services contemplated herein the Town shall operate in compliance with all applicable State and local laws and regulations including, but not limited to the North Carolina Fire Incident Reporting System (G.S. 58- 79 -45, NC Administrative Code, §.0402). The Town shall submit incident reports electronically to the Fire Marshal's Office by the 10th of each and every month in accordance with said directives. The Town further agrees to file with the Fire Marshal's Office a current list of its Board of Aldermen, and a roster of its Town Fire Department personnel, an annual training report, and a list of apparatus including pump and tank size, and specialized fire suppression and rescue equipment, no later than July 31St of each year. The County shall have the right to inspect all books and accounts for the Town Fire Department at any time. Said inspection shall be conducted by the Orange County Fire Marshal's Office and /or Orange County Finance Office and /or their designee. The following minimal performance standards are agreed upon by the County and the Town and are a part of this contract: A. Dispatching Protocols. Town shall comply with Orange County dispatching protocols and policies. The County shall consult with the Town prior to implementing new or changing said protocols. B. Response Time. Town should have the goal of having an average response time (time of dispatch until time of arrival) of — minutes or less for structural fire calls within the recognized Insurance District. Town should have the goal of having an average response time of — minutes or less for First Responder and Rescue Services. W 12 C. Manpower on Scene. Town should have adopted standard operating guidelines that address the appropriate number of firefighters needed on all type fire calls. The National Incident Management System shall be used at all incidents to manage personnel. D. Training. Town shall have the minimum standard training requirements set forth by the State of North Carolina for providing fire and emergency services provided by the Town. For purposes of this agreement emergency services includes both first responder services and rescue services. E. Fire Investigations. The Town officer in charge at all fire scenes shall attempt to determine the cause and origin of every fire. When the officer in charge cannot determine the cause and origin of the fire, or if the cause is suspected to be of an incendiary nature, the officer in charge may request assistance from the Orange County Fire Marshal's Office. F. Reports. Town shall keep all records on site for a minimum period of seven (7) years. All State and county required reports and rosters shall be submitted by the applicable deadlines. G. Fire Hydrants. Fire hydrants in the District the Town shall be tested by the Orange Water and Sewer Authority on the same schedule and in the same manner as OWASA tests hydrants within the Town. H. Emergency /Disaster Response. Town shall follow the Town of Carrboro Emergency Operations Plan (EOP) when responding to an emergency or disaster in the District. State of Emergency. County requests that Town, when available, assist with the following services, but not limited to, before, during, and following times of emergency /disaster: 1) Debris Removal; 2) Debris Clearance; 3) Traffic Control; 4) Alert and Notification; 5) Search and Rescue; 6) Evacuation; and 7) other life- saving and property protection measures as necessary. All operations shall be in accordance with the North Carolina Mutual Aid Policy. Rescue Services. When Town provides Rescue Service it shall be done in accordance with the rules set forth by the National Fire Prevention Association. K. First Responder Services. When Town provides First Responder Services assistance, it shall be done in accordance with the rules set forth by the Orange County Emergency Services Department. 10. The Town shall present the County with an audit by a Certified Public Accountant, which shall be in conformity with General Accepted Accounting Principles. Such audit to be provided and be in conformity with the most recent audit policies the North Carolina Local Government Commission. Further, the Town agrees to comply with County budgeting procedures including a mid -year financial statement for its 13 Fire Department and other procedures provided for by State Law and agree to submit budget estimates to the Board of Commissioners on the standard forms used by County departments. The Town also agrees to use standard line items for accounting as requested by the County Finance Department. 11. The Town shall comply with the County budgeting procedures and purchasing procedures provided for by state law and shall submit annual budget estimates for the Fire Department in accordance with established County budget timetables along with a supporting letter of request for a proposed tax rate signed by the Town's Town Manager upon approval of its Board of Aldermen. The County will provide the Town with standard forms for budget submission and the Town shall use such standard forms. 12. The Town agrees to the extent allowed by law to hold harmless and indemnify the County from and against any and all liability and expenses including attorney fees, court costs and other costs incurred by the County caused by any act or omission of the Town, its agents and employees. The Town shall purchase and maintain, during the term of this Agreement, and any extension hereof, at least the following insurance coverage: A. Workers' Compensation: Coverage to apply for all employees for statutory limits in compliance with the applicable state and federal laws. The policy must include employer's liability with a limit of $100,000 for each accident, $100,000 bodily injury by disease each employee and $500,000 bodily injury by disease policy limit. B. Comprehensive General Liability: Shall have minimum limits of $1,000,000 per occurrence combined single limit for bodily injury liability and property damage liability. This shall include premises and /or operations, independent contractors, products and /or completed operations, broad form property damage and explosion, collapse and underground damage coverage, sudden and accidental pollution losses, and a contractual liability endorsement. C. Business Auto Policy: Shall have minimum limits of $1,000,000 per occurrence combined single limit for bodily injury liability and property damage liability. This shall include: owned vehicles, hired and non - owned vehicles and employee non - ownership. D. Special Requirements: The Town of Carrboro will name Orange County as the additional insured on the Comprehensive General Liability policy. E. Current, valid insurance policies meeting the above requirements shall be maintained for the duration of the project. Renewal certificates shall be sent to Orange County thirty (30) days prior to any expiration date. There shall also be a 30 day notification to Orange E 14 County in the event of cancellation or modification of any stipulated insurance coverage. Certificates of Insurance on an Acord 25 (8/84) or similar form meeting the required insurance provisions shall be forwarded to the Orange County. Wording on the Certificate of Insurance which states that no liability shall be imposed upon the company for failure to provide such notice is not acceptable. 13. In connection with the performance of this Agreement, the Town agrees not to discriminate against any employee, member, or applicant for employment or membership because of race, color, national origin, religion, creed, sex, sexual orientation, age, disability, political affiliation, and Vietnam -Era or disabled veteran status. Employees, members and applicants must however, be competent and capable to perform the requirements of the job. The Town agrees to take all reasonable measures to insure that applicants are employed, and that employees are treated appropriately, during their employment, without regard to their race, color, national origin, religion, creed, sex, sexual orientation, age, disability, political affiliation, and Vietnam -Era or disabled veteran status. 14. This Agreement is effective as of July 1, 2013 and shall continue for a term of five (5) years unless terminated as hereinafter provided. This Agreement may be renewed for two additional five -year terms upon mutual agreement of the Parties. Either Party may terminate this Agreement effective at the end of any fiscal year by giving the other Party notice at least one (1) year in advance of the end of the fiscal year that the Agreement is to terminate. 15. This Agreement sets forth the entire understanding of the Parties and supersedes any and all prior agreements, arrangements, and understandings related to the subject matter hereto. This Agreement may not be changed or terminated except in writing and as provided herein, and no notice shall be effective unless evidenced by a written instrument duly executed by the Party or Parties, hereto and delivered as follows: If to County Orange County Attn: County Manager P.O. Box 8181 Hillsborough, NC 27278 If to Town Town of Carrboro Attn: Town Manager 301 West Main Street Carrboro, NC 27510 16. This Agreement shall be binding upon and inure to the benefit of the Parties and their respective successors, legal representatives and assigns, but this Agreement may not be assigned by either Party without prior written consent of the other Party, which may be withheld in the sole discretion of a Party. 17. No act or failure to act by the County or the Town shall constitute a waiver of any right or duty granted to the Parties by the terms of this Agreement. Nor shall any act or failure to act constitute any approval except as specifically agreed to in writing. IN WITNESS WHEREOF, the County has caused this instrument to be executed by the Chairperson of the Board of County Commissioners and attested by the Clerk to the Board of County Commissioners, and the Town has caused this instrument to be signed in its corporate name by its Town Manager, attested by its Clerk, and its corporate seal hereto affixed. Acknowledged and agreed to the day and date first above recorded. ORANGE COUNTY TOWN OF CARRBORO Chair ATTEST: F_-W ATTEST: Clerk Board of Commissioners Secretary (County Seal) Town Manager (Corporate Seal) Town Clerk attests date this the _day of , 2013. Approved as to Form & Authorization TOWN ATTORNEY This instrument has been pre- audited in the manner required by the Local Government Budget and Fiscal Control Act. FINANCE OFFICER FIRE CHIEF no 15 South Orange Fire Service District / New South Orange Fire Insurance District GE NEW HOP 9 LEGEND EXHIBIT 401 Fire Stations QNew South Orange Fire Insurance District 0 to 5 miles from Carrboro Station & Carrboro Station 2 5 to 6 miles from Carrboro Station & Carrboro Station 2 Parcel boundary Streets C r "E 1 inch = 4,150 feet s Map made b Orange Count S Division <OC170i O: \gishome \gisproprof\ j \EServ\ NChatham_SouthemTnangle.mxd> M Jones 5/2/2013 } 17 Attachment 3 STATE OF NORTH CAROLINA ORANGE COUNTY FIRE PROTECTION AND EMERGENCY SERVICES AGREEMENT THIS AGREEMENT (this "Agreement), made and entered into this day of 2013 by and between Orange County, hereinafter referred to as the "County" and the North Chatham Volunteer Fire Department, hereinafter referred to as the "Fire Department ", both referred to herein individually as "Party" and jointly as "Parties ". WITNESSETH: 1. County created the Southern Triangle Fire Service District (the "District ") as a County Service District as delineated on Exhibit A to this Agreement pursuant to Chapter 153A, Article 16 of the North Carolina General Statutes and desires to contract with Fire Department for fire protection and other services as set out herein. 2. Pursuant to N.C.G.S. Sec. 153A -307, the County agrees that it will cause to be assessed or levied a special tax of not more than fifteen cents ($.15) per one - hundred dollar ($100) valuation of all real and personal property in the District unless otherwise limited or prohibited by law or a vote of the people, and will collect said tax as a part of the ad valorem taxes of Orange County; provided however, the amount levied annually shall be based on the needs projected in the budget estimate submitted by the Fire Department to the County as approved by the County and will be the same as the rate levied in Chatham County for North Chatham FD. 3. That a special or separate fund shall be maintained by the County for funds collected as a result of said special tax. 4. That from said special tax ninety -eight and one -half percent (98.5 %) of current and delinquent funds collected on real and personal property excluding motor vehicles and ninety -eight and one -half percent (98.5 %) of funds collected on motor vehicles shall 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 amount appropriated. The Fire Department shall provide and furnish adequate fire protection services and 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 persons and property located within the District. Fire Department currently has an insurance rating of 6 in the 5 mile district and 9E in the 6 mile district, and during the term of this Agreement will take whatever reasonable action is necessary to maintain an insurance rating of 6 in the 5 mile district and 9E in the 6 mile district. Fire Department will furnish fire, rescue and medical responder services on the same basis and in the same manner as it provides such services within the District free of charge to all persons and individuals within the District. 6. That all funds paid to the Fire Department by the County shall be used exclusively by the Fire Department to provide fire protection services within the District, and the Fire Department may also use said funds to provide medical responder and rescue services within the District, and to pay other legitimate fire, rescue, and medical responder expenses directly attributable to the services rendered within the District. 7. The Fire Department shall provide Medical Responder Services within the District to provide basic emergency medical care to person or individuals within the District. Medical Responder Services are defined as the provision of Basic Life Support treatment as needed until such time as more highly trained personnel arrive on scene. Such Medical Responder Services may be provided through mutual aid agreements or through third party contracts. 8. The Fire Department shall provide Hazardous Materials Response Services at the North Carolina Department of Insurance "Operations" Level within the District. Hazardous Materials Response Services are defined as defensive actions necessary to protect life, property and the environment from the effects of the release. 9. The Fire Department shall provide Rescue Services within the District to provide basic Rescue Services to persons and individuals within the District. Rescue Services are defined as the removal or freeing of individuals from confinement or danger and includes extrication, confined space rescue, water rescue, high angle rescue, swift water rescue, structural collapse rescue, trench rescue, and dive rescue. Such Rescue Services may be provided through mutual aid agreements or through third party contracts. 10. In providing the services contemplated herein the Fire Department shall operate in compliance with all applicable State and local laws and regulations including, but not limited to the North Carolina Fire Incident Reporting System (G.S. 58- 79 -45, NC Administrative Code, §.0402). The Fire Department shall submit incident reports to the Chatham County Fire Marshal's Office quarterly in accordance with said directives. The Fire Department further agrees to file with the Orange County Fire Marshal's Office a current list of its Board of Directors, and a roster of its Fire department personnel, an annual training report, and a list of apparatus including pump and tank size, and specialized fire suppression and rescue equipment, no later than July 31St of each year. The County shall have the right to inspect all books and accounts for the Fire Department at any time. Said inspection shall be conducted by the Orange County Fire Marshal's Office and /or Orange County Finance Office and /or their designee. The following minimal performance standards are agreed upon by the County and the Fire Department and are a part of this contract: A. Response Time. Fire Department should have the goal of having an average response time (time of dispatch until time of arrival) of 16 minutes or less for structural fire calls within the recognized Insurance District. The Fire Department should have the goal of having an average response time of 16 minutes or less for Medical and Rescue Services. 19 B. Manpower on Scene. Fire Department should have adopted standard operating guidelines that address the appropriate number of firefighters needed on all type fire calls. The National Incident Management System shall be used at all incidents to manage personnel. C. Training. Fire Department shall have the minimum standard training requirements set forth by the State of North Carolina and NC Department of Labor for providing fire and emergency services provided by the Fire Department. For purposes of this agreement emergency services includes both medical responder services, hazardous materials services and rescue services. D. Fire Investigations. The Fire Department officer in charge at all fire scenes shall attempt to determine the cause and origin of every fire. When the officer in charge cannot determine the cause and origin of the fire, or if the cause is suspected to be of an incendiary nature, the officer in charge may request assistance from the Orange County Fire Marshal's Office. E. Reports. Fire Department shall keep all records on site for a minimum period of seven (7) years. All State and county required reports and rosters shall be submitted by the applicable deadlines. F. Fire Hydrants. If fire hydrants are in the District, the Fire Department should conduct hydrant testing on an annual basis. Orange Water and Sewer Authority should ensure that every hydrant in the district is flushed and checked for accessibility, visibility and operation. The Fire Department should report any malfunctions or damage to hydrants to the Fire Marshal. G. Emergency /Disaster Response. Fire Department shall follow the Orange County Emergency Operations Framework (EOF) when responding to an emergency or disaster in the District. H. State of Emergency. County requests that Fire Department, when available, assist with the following services, but not limited to, before, during, and following times of emergency /disaster: 1) Debris Clearance; 2)Traffic Control; 3) Alert and Warnings; 4) Search and Rescue; 5) Evacuation Notification and Coordination; and 7) other life- saving and property protection measures as necessary. All operations shall be in accordance with the Orange County Emergency Operations Framework (EOF) Policy. Medical Responder Services. When Fire Department provides Medical Responder Services assistance, it shall be done in accordance with the rules set forth by the Orange County Medical Director. 11. The Fire Department shall present the County with an audit by a Certified Public Accountant, which shall be in conformity with General Accepted Accounting Principles. Such audit to be provided and be in conformity with the most recent audit policies the North Carolina Local Government Commission. Such audit to be provided on or before December 31 of each year and to be in conformity with the most recent audit policies of the County and the North Carolina Local Government Commission. Further, the Fire Department agrees to comply with County budgeting C procedures including a mid -year financial statement and other procedures provided for by State Law and agree to submit budget estimates to the Board of Commissioners on the standard forms used by County departments. The Fire Department also agrees to use standard line items for accounting as requested by the County Finance Department. 12. The Fire Department shall comply with the County budgeting and purchasing procedures provided for by state law and shall submit annual budget estimates for the Fire Department in accordance with established County budget timetables along with a supporting letter of request for a proposed tax rate signed by the Fire Department's President upon approval of its Board of Director. The County will provide the Fire Department with standard forms for budget submission and the Fire Department shall use such standard forms. 13. The Fire Department agrees to hold harmless and indemnify the County from and against any and all liability and expenses including attorney fees, court costs and other costs incurred by the County caused by any act or omission of the Fire Department, its agents and employees. The Department shall purchase and maintain, during the term of this Agreement, and any extension hereof, at least the following insurance coverage: A. Comprehensive Automobile Liability Insurance with combined single limits of at least one million dollars ($1,000,000) per occurrence. Coverage shall be provided under a symbol "'I". Coverage shall apply, on an excess basis for hired, borrowed and non -owned vehicles. Coverage shall apply, on a primary basis, for commandeered vehicles. Volunteers or employees shall be considered insureds and volunteers and employees shall have coverage in excess of their personal auto liability limits when they are using their vehicles on behalf of the Fire Department. Fellow member liability shall be provided. Auto pollution liability shall be included in the coverage. B. Auto physical damage shall be provided on an agreed value basis. Coverage shall be included for hire, borrowed or commandeered vehicles without a limit of liability. Coverage shall be provided to bring replacement vehicle up to the most current national standards, such as NFPA or DOT. C. Comprehensive General Liability Insurance with limits of at least one million dollars ($1,000,000) per occurrence and two million dollars ($2,000,000) aggregate. The aggregate shall apply per named insured and per insured location. The policy shall include the following coverage: Volunteers or employees as insureds, Medical Malpractice, Good Samaritan Liability Coverage, Intentional Acts Coverage for both bodily injury and or property damage, Fellow Member Liability, Non -owned Watercraft, Fire Damage Legal Liability with limits of one million dollars ($1,000,000), Pollution Liability arising out of emergency operations, training activities or equipment wash downs. D. Directors and Officers Liability Insurance with limits of at least one million dollars ($1,000,000) per occurrence with two million dollars ($2,000,000) aggregate. This policy shall include coverage for prior acts. The insureds E 21 shall include current volunteers and employees, former volunteers and employees, and any persons or organizations providing service to the Department under a mutual aid or similar agreement. Coverage shall include civil rights type suits such as discrimination and sexual harassment; liability arising out of the administration of benefit plans for employees or volunteers and employment related practice suites. Coverage shall include claims made for future compensation and benefits lost from wrongful termination of an employee. E. Umbrella Liability Insurance with limits of at least one million dollars ($1,000,000) per occurrence and one million dollars ($1,000,000) aggregate. The umbrella policy shall provide excess coverage over the Auto Liability Policy, General Liability Policy, and the Employer's Liability Section of the Workers' Compensation Policy. Volunteers and employees shall be included as insureds. F. The Department shall maintain Property Insurance protecting against the risk of direct physical loss or damage. The policy covering the building shall be written on a Guaranteed Replacement Cost Basis, with coverage included for Building Ordinance, Flood, and Earthquake. Coverage shall include Commandeered Property in the amount of two - hundred fifty thousand dollars ($250,000). Contents coverage shall be provided on a replacement cost basis. Coinsurance penalties shall not apply. G. Portable Equipment Coverage shall be provided protecting against the risk of direct physical loss or damage, including electrical surges. Coverage shall be provided on a Guaranteed Replacement Cost Basis. H. The Automobile Liability Policy, General Liability Policy, Umbrella Liability Policy and Management Liability Policy shall name the County as an additional insured. The Department shall furnish the County with Certificates of Insurance showing the type of policy, limits of liability, name of insurance companies, policy numbers, effective dates and expiration dates of policies. Workers' Compensation Insurance covering all volunteers and salaries firefighters meeting statutory limits in compliance with applicable State and Federal Laws. J. Each policy shall also contain a ten (10) day notice to the County in the event of cancellation or modification of any stipulated insurance coverage. 14. In connection with the performance of this Agreement, the Fire Department agrees not to discriminate against any employee, member, or applicant for employment or membership because of race, color, national origin, religion, creed, ethnicity, sex, sexual orientation, age, disability, political affiliation, and Vietnam -Era or disabled veteran status. Employees, members and applicants must however, be competent and capable to perform the requirements of the job. The Fire Department agrees to take all reasonable measures to insure that applicants are employed, and that employees are treated appropriately, during their employment, without regard to their race, color, national origin, religion, creed, ethnicity, sex, sexual orientation, age, disability, political affiliation, and Vietnam -Era or disabled veteran status. 22 15. This Agreement is effective as of July 1, 2013 and shall continue for a term of five (5) years unless terminated as hereinafter provided. This Agreement may be renewed for two additional five -year terms upon mutual agreement of the Parties. Either Party may terminate this Agreement effective at the end of any fiscal year by giving the other Party notice at least one (1) year in advance of the end of the fiscal year that the Agreement is to terminate. 16. This Agreement sets forth the entire understanding of the Parties and supersedes any and all prior agreements, arrangements, and understandings related to the subject matter hereto. This Agreement may not be changed or terminated except in writing and as provided herein, and no notice shall be effective unless evidenced by a written instrument duly executed by the Party or Parties, hereto. 17. Any notice required under this Agreement will be in writing, addressed to the appropriate party at its address identified on the signature page of this Agreement and delivered either in person, by email, by facsimile, by registered or certified mail, or by commercial courier service. All notices shall be effective upon the date of receipt. 18. Any provision or part of this Agreement held to be void or unenforceable under any Laws or Regulations shall be deemed stricken and all remaining provisions shall continue to be valid and binding upon the Parties. The Parties agree that the Agreement shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 19. That this Agreement shall be binding upon and inure to the benefit of the Parties and their respective successors, legal representatives and assigns, but this Agreement may not be assigned by either Party without prior written consent of the other Party, which may be withheld in the sole discretion of a Party. 20. No act or failure to act by the County or the Fire Department shall constitute a waiver of any right or duty granted to the Parties by the terms of this Agreement. Nor shall any act or failure to act constitute any approval except as specifically agreed to in writing. 21. This Agreement shall be governed by and construed in accordance with the Laws of the State of North Carolina. IN WITNESS WHEREOF, the County has caused this instrument to be executed by the Chairperson 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 corporate name by its President , attested by its Clerk, and its corporate seal hereto affixed. M Acknowledged and agreed to the day and date first above recorded. ORANGE COUNTY FIRE DEPARTMENT BY: Chair Address: Contact Person: Telephone No.: ATTEST: go President Address: Contact Person: Telephone No.: ATTEST: Clerk Board of Commissioners Secretary (County Seal) 7 (Corporate Seal) 23 E. IF 1 1 1 0 i AIT- ME '1�II■■y■ MEN Ilk ■I ■ , • A�euJ� 1.i' � ' • WE WON ,, �� ,IIII1I �II�'1 � •. 1� • / ���� � �,�� � 111' ��p��7 II�1lGry �'■�ci� �