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HomeMy WebLinkAboutAgenda - 06-18-2013 - 5jORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: June 18, 2013 Action Agenda Item No. 5-j SUBJECT: Approval of Updated Orange County Volunteer Fire Department Agreements DEPARTMENT: Emergency Services PUBLIC HEARING: (Y /N) No ATTACHMENT(S): Sample Orange County Fire Protection and Emergency Services Agreement INFORMATION CONTACT: Jim Groves, 245 -6100 Jason Shepherd, 245 -6100 1 PURPOSE: To approve updated fire protection and emergency services agreements between Orange County and each volunteer fire department (Caldwell, Cedar Grove, Efland, Eno, New Hope, Orange Grove, Orange Rural, and White Cross). BACKGROUND: The existing fire protection contract agreements were developed and approved in 1992. Since that time, the needs of the community have changed considerably, as well as the requirements for fire protection have changed from the North Carolina Department of Insurance. In addition, the Orange County Chiefs Association, as part of their strategic plan, sought to add metrics and measurements to effectively gage their departmental performance when responding to emergency calls. In addition to the basic requirement for fire protection, the newly revised contract agreement includes the following requirements: Insurance Service Office (ISO), medical responder, hazardous materials, rescue, purchasing, reporting, and an annual audit. The Fire Protection and Emergency Services Agreements have been completed in coordination with and reviewed by each County Fire Department. A sample of the eight agreements is attached. (Note: All eight agreements are similar in content, with the differences in each related to fire department names, respective ISO ratings, and fire protection district names and related exhibit maps.) FINANCIAL IMPACT: The approval of this item has no financial impact on the County. This is an administrative action for fire protection and rescue service delivery only. RECOMMENDATION(S): The Manager recommends that the Board approve and authorize the Chair to sign the updated Orange County Fire Protection and Emergency Services Agreements with the eight volunteer fire departments noted above. 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 , hereinafter referred to as the "Fire Department ", referred to herein as "Party" and /or collectively as the "Parties ". WITNESSETH: County created the Fire Protection District (the "District ") as a special tax district pursuant to Chapter 69 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 §NCGS 69 -25.4 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. 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 appropriation amount. 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 , and during the term of this Agreement will maintain at least a 9E insurance rating. Fire Department will furnish services free of charge to all persons and individuals within the District (excluding non - public commercial transportation). Fire Department shall strive to achieve an insurance rating of 8 (or better) by July 2014 and 6 (or better) by July 2016. 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 (See Exhibit 1), and the Fire Department may also use said funds to provide Medical Responder K and rescue services within the District, and to pay other legitimate fire, rescue, and Medical Responder expenses attributable to the services rendered within the District. This does not preclude mutual aid agreements. 7. The Fire Department shall provide Medical Responder Services 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 to all 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, land search and 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. Notwithstanding Section 6 above Fire Department may provide fire protection services outside the District subject to the following terms and conditions [This section aI I IIIicat)le only to depair °tirr°hents aUthoiri ed to Ipir °oxide flir °e I'ir °otection seir °vices OUtside theiir° distir °1icts. IR.eirr°hove oir stir °lilke wheire not applIicat)le : A. That Fire Department is authorized to provide primary fire protection services in the area of the District shown in Exhibit 1. B. Fire Department shall not expend any funds or resources appropriated for the use of persons and individuals in the District for the primary fire protection services outside the area of the District shown in Exhibit 1. In the event any such expenditure occurs for primary fire protection outside the area shown in Exhibit 1 Fire Department shall immediately notify the County and Fire Department shall take corrective measures to rectify the expenditure and to ensure such expenditure shall not be repeated. C. That Fire Department shall enter into an agreement with the Department in which Fire Department shall provide compensation to Fire Department for Fire Department's availability and service in providing primary fire protection services in the area of the District shown in Exhibit 1. 11. 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 electronic incident reports on a quarterly basis to the Orange County Fire Marshal . The Fire M Department further agrees to file with the Fire Marshal 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 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 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. Fire Department should have the goal of having an average response time of _16_ minutes or less for Medical Responder and Rescue Services. B. Personnel 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. E. Reports. Fire Department shall keep all records 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. The Fire Department should coordinate with the owners of the water distribution system so that every hydrant in the District is flushed and checked for accessibility, functionality, visibility, and operation at least annually. If the hydrant is owned by a municipality or special water district, testing and maintenance should be handled as agreed upon by the County and the system operator. The Fire Department should report any malfunctions or damage to hydrants to the owner of the water distribution system. G. Emergency /Disaster Response. Fire Department shall follow the Orange County Emergency Operation Framework (EOF) Policy when responding to an emergency or disaster. 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 Warning; 4) Search and Rescue; 5) Evacuation Notification and Coordination; and 6) other life- saving and property protection measures as necessary. All operations shall be in accordance with the Orange County Orange County Emergency Operation 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. 12. The Fire Department shall submit to an audit by a Certified Public Accountant, which will be paid for by the County, and shall be in conformity with General Accepted Accounting Principles. If an audit has already been performed by a certified entity, the Fire Department shall present the County with a copy of that audit. Such audit to be provided on or before December 31St of each year beginning in 2014, 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 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. 13. The Fire Department shall comply with the County budgeting and purchasing procedures and other procedures provided for by state law and shall submit annual budget estimates 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 Directors. The County will provide the Fire Department with standard forms for budget submission and the Fire Department shall use such standard forms. 14. The Fire Department shall file with the County Fire Marshal a true copy of its Articles of Incorporation, Bylaws, and shall furnish any changes made thereto not less than thirty (30) days prior to their effective dates. Further, the Fire Department agrees to amend its Articles of Incorporation and Bylaws as necessary to meet all minimum legal requirements for a North Carolina nonprofit corporation, as required by the provisions of Chapter 55A of the General Statutes of North Carolina. Should Fire Department be notified that it has failed to meet all minimum legal requirements for a North Carolina nonprofit corporation and /or failed to maintain its federal, state, or local tax - exempt status the Fire Department shall, within thirty (30) days of such notification, begin taking appropriate steps to remedy said failure. Should said failure not be appropriately remedied within ninety (90) days after such notification County may withhold special district tax revenues until such time as the Fire Department meets all minimum legal requirements of Chapter 55A of the General Statutes of North Carolina and /or until such time as the Fire Department's tax - exempt status is restored. il 15. In the event the Fire Department dissolves then the Fire Department shall deliver, release, and convey to the County all of its equipment, cash, or other assets to be used by the County exclusively for the provision of fire protection services, rescue services, or Medical Responder services within the District. Any such dissolution shall comply with applicable laws of North Carolina. If Fire Department ceases to provide either fire protection services, rescue services, or Medical Responder services within the District Fire Department shall deliver, release, and convey to County all of its equipment, cash, or other assets used for those specific services the Fire Department has ceased to provide, to be used by the County exclusively for the provision of fire protection services, rescues services, or Medical Responder services within the District. Should the terms of this paragraph conflict with Fire Department's Articles of Incorporation the Articles of Incorporation shall control. 16. 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 1". 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 Is 7 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. 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. 17. 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 no race, color, national origin, religion, creed, ethnicity, sex, sexual orientation, age, disability, political affiliation, and Vietnam -Era or disabled veteran status. 18. 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. 19. 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. 20. 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. 21. 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. 22. 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. 23. 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. 24. In order to fully comply with the terms of this Agreement Fire Department shall have a grace period commencing July 1, 2013 and for the duration as stated below before full compliance with the certain sections is mandated. A. Section 5; ninety (90) days. B. Section 9; one hundred eighty (180) days. C. Section 11; ninety (90) days. 7 D. Section 13; thirty (30) days. 25. 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 Secretary, and its corporate seal hereto affixed, all by order of its Board of Directors. Acknowledged and agreed to the day and date first above recorded. ORANGE COUNTY BY: Chair Address: Contact Person: Telephone No.: ATTEST: Clerk Board of Commissioners (County Seal) N. FIRE DEPARTMENT go President Address: Contact Person: Telephone No.: ATTEST: Secretary (Corporate Seal) 9