HomeMy WebLinkAboutAgenda - 11-19-2013 - 6h 1
ORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: November 19, 2013
Action Agenda
Item No. 6-h
SUBJECT: Approval of Updated Orange County Volunteer Fire Department Agreements
DEPARTMENT: Emergency Services PUBLIC HEARING: (Y/N) No
ATTACHMENT(S): INFORMATION CONTACT:
Sample Orange County Fire Protection Jim Groves, 245-6100
and Emergency Services Agreement Jason B. Shepherd, 245-6100
(Mark-up Version)
Orange Rural Fire Protection and
Emergency Services Agreement (Mark-
up Version)
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 by the Orange County BOCC on June 18, 2013. Subsequently, several contractual
benchmarks were identified that the Fire Chiefs thought were unattainable regarding rescue
services as noted in Section 9. At the request of the Fire Chiefs, Rescue Services such as
trench rescue, confined space, high angle rescue, and dive recovery/rescue have been
removed from the agreement.
To fill the void in local capabilities to respond to these types of incidents, mutual aid agreements
are being developed with surrounding counties that currently possess these capabilities. For
example, dive recovery can be provided by the North Chatham Fire Department and the
Durham County Sheriff's Office. Trench rescue can be provided by the Durham City Fire
Department. South Orange Rescue can provide high angle rescue, ropes, confined space and
swift water rescue. The Chapel Hill Fire Department can provide Urban Search and Rescue
and swift water rescue.
Other revisions include:
• The language in Section 4 was changed to remit quarterly payments by the 15th day of
the first month of each quarter.
• Additional language was added into Section 5 to allow the fire department to charge for a
pre-arranged nominal fee when standing by for special events.
• Section 13 was changed to remove purchasing guidelines and Section 14 was added to
provide the fire departments a copy of the most recent State of North Carolina purchasing
procedures for local governments, as well as other procedures provided for by state law.
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The Fire Protection and Emergency Services Agreements have been completed in coordination
with and reviewed by each County Fire Department. During a meeting with the BOCC on
October 3, 2013, representatives from the fire departments indicated that they did not have
further changes to their agreements. A sample of seven required agreements is attached as all
are similar in content. The eighth agreement with the Orange Rural Fire Department is also
attached and includes language for additional rescue services at the Department's request.
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 Interim 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.
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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:
1. 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.
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That from said special tax district the Board of County
Commissioners will approve a Fire Protection District tax rate and Annual Budget for
the fire Department. The County agrees to remit quarterly payments, by the 151h day
of the first month of each quarter. The total quarterly payments to the fire department
will equal the annual budget.
5. 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 fire and rescue 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
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and 6 (or better) by July 2016. This section does not preclude the Fire Department
from charging a pre-arranged nominal fee when standing by for special events.
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
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.
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The Fire Department shall provide Rescue Services to all persons and individuals
within the District. Rescue Services are defined as the removal, extrication, or freeing
of individuals from vehicle confinement or danger. 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 applicable only to departments authorized to provide fire protection services
outside their districts. Remove or strike where not applicable]:
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
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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
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. 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.
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
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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.
I. 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 procedures, and shall
submit annual budget estimates in accordance with established County budget
timetables. A supporting letter of request for the proposed tax rate shall be 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 comply with the State of North Carolina purchasing
procedures for local governments as identified in Attachment #1, as well as other
procedures provided for by state law.
15. 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
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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.
16. 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.
17. 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.
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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
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.
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I. 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.
18. 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.
19. This Agreement 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.
20. 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.
21. 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.
22. 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.
23. 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.
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24. 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.
25. In order to fully comply with the terms of this Agreement Fire Department shall have
a grace period commencing on the date of signature, 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.
D. Section 13; thirty (30) days.
26. 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 FIRE DEPARTMENT
BY: BY:
Chair President
Address: Address:
Contact Person: Contact Person:
Telephone No.: Telephone No.:
ATTEST: ATTEST:
Clerk Board of Commissioners Secretary
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(County Seal) (Corporate Seal)
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Attachment 1
Dollar Thresholds in North Carolina 2 � LJNC
Public COntracting Statutes 6CMooLM
Bull6ir hmdts and listafWtoryauthott iitycurFent as of September 11,201.3
Famiall biddling fesiffnaredcostdcaimcr)
Construction or repair contracts 'SSW,000 andabove 5.143-12'9
Purchase of apparatm,supplik-3,materials,and eq,tiripment S1910,Mand'above G.S.143-129
Iniiiii biddling j2ctualcostofcDntwa)
Construction or repair contracts 'X313, 3 to Formal lifirnit 5.143-131
Purchase of apparatus,supplies,materials,and equipment !$30 tG Formal lifirnit .5;.143-1311
Construction awthods autharkmd for bui pira" OverS]100flffi G:5.1 43-1 29131 1
Separate Prime fesiffnaradcostdprqect)
Siingle Pfinrie
Dual G�iiddling
Constnuctim Management at RiA fG.S.143428j)
Design-Rudd aM Desigini-Buildl Bridging 6G.S.1143428,Fok G.S.?43-u8,,M
Public Piriwate Niftnhership,"4G S,143:-!12'8.rPQ
Historically Undknffllbmd Businm(HL"rmlivilrernants
ft1ding can9mclion of repailif pffc«ects
—1 jecs With state.funidling Nufable 116 requiro SIG0,01010afmwe G.&.143-128.2fa)
—Locally fundledl pmjec.ts ffafma?Ma requirernents) s3w,0010armom 5.143-128.20)
—1 jects in infoTmal bidding rainge CinfarrwIHUS're qukemenN s 30)DW to r500,01010* 5.143-1311'6)
INde-FormattflEmquiremerm shodd cowl betww$3X0w,3nd$-wRM,
Unift 4m use of own fmces(ftme account wasio fnof to,excised) G.'s,W 43-"135
ConstructiDn or repair pwojects S125,00,0
ssoxwbbovonii
Ed bonidl cm di
Construction or repair cGinvacts(at femr 9%of W onwfjnfjl Fi3fmaillbid:sf$,5KOMandabovaiI Cz.51434M)
Purchase coif tracts NkA mquiredl
Podomuncafflaymnt bandis
Construction or repair cuinvacts f Wft afconr=izmvfjnr) Each o=racl owff!$50,00,0 of GLS.143-129,(z)-,
project costing ovff S300,01010 G.5.414A-26
Purchase coif tracts Not req,Wredl
rAneral contractoes,Illicanse requilred S310,0M andabove G.'s,97-1
Exemption Force account work(see obove)
Owner-buddler alffixilavit FecliLdredl Force.account work(see ab ➢ rz.5.97-14(aK1l
Us@ of Ilkanwdl,aFcbftKt or moinm iir@qulmd
rumtwrall wwk MGM andabove S.133s-7..71a1
Strucwral repair,additionk oc new construction S115,00001dabow
Repair wwk affiKting lliife safety systems SIN,01010andabow
S@tKtkm of ard&Kt,eni suirminfor,constnKtIon immrm gw at rkk,or deMgm-Wild contractor
"Quallifiicationi-�se.d'selecdon,'PrDci.diure.QBS) AIIII mintracts unless exefvqAedI G.&.143-G43l
Exemption @,LnhDrized Only prc«ects where evdiimatedl GLS.143-6432
fee.is ileu thon'MAN
From A IqgafGuwL-,w i3wrihasipgrand Gm, Lowd GovEmmms,zad ed,by Fr S.Elluestain,
0 2I)M by theSdhcd of Govomeri The University of Mord4i Cardina at i Ch pel Hill.Adl fights resenred'L
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STATE OF NORTH CAROLINA
ORANGE COUNTY
FIRE PROTECTION AND EMERGENCY SERVICES AGREEMENT
THIS AGREEMENT (this "Agreement), made and entered into this day of
2013 by and between Orange County, hereinafter referred to as the
"County" and Orange Rural Fire Department, hereinafter referred to as the "Fire Department",
referred to herein as "Party" and/or collectively as the "Parties".
WITNESSETH:
1. County created the Fire Protection District (the "District") as a special
tax district pursuant to Chapter 69 of the North Carolina General Statutes and
desires to contract with Fire Department for fire protection and other services as set
out herein.
2. Pursuant to §NCGS 69-25.4 the County agrees that it will cause to be assessed or
levied a special tax of not more than fifteen cents ($.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. nd a-R4iif-1Y- ��
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That from said special tax district the Board of County
Commissioners will approve a Fire Protection District tax rate and Annual Budget for
the fire Department. The County agrees to remit quarterly payments, by the 15th day
of the first month of each quarter. The total quarterly payments to the fire department
will equal the annual budget.
5. 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 fire and rescue 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
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and 6 (or better) by July 2016. This section does not preclude the Fire Department
from charging a pre-arranged nominal fee when standing by for special events.
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
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.
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The Fire Department shall provide Rescue Services to all persons and individuals
within the District. Rescue Services are defined as the removal, extrication, or freeing
of individuals from vehicle confinement or danger, rope rescue, vehicle and
machinery rescue, farm machinery rescue, and confined space rescue. Furthermore,
the Fire Department shall provide structural collapse rescue services by January 1,
2014, and water rescue by July 1, 2014. 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 applicable only to departments authorized to provide fire protection services
outside their districts. Remove or strike where not applicable]:
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.
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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
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. 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.
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.
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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.
I. 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 procedures, and shall
submit annual budget estimates in accordance with established County budget
timetables. A supporting letter of request for the proposed tax rate shall be 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 comply with the State of North Carolina purchasing
procedures for local governments as identified in Attachment #1, as well as other
procedures provided for by state law.
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15. 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.
16. 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.
17. 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
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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
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.
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I. 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.
18. 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.
19. This Agreement 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.
20. 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.
21. 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.
22. 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.
23. 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.
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24. 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.
25. In order to fully comply with the terms of this Agreement Fire Department shall have
a grace period commencing on the date of signature, 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.
D. Section 13; thirty (30) days.
26. 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 FIRE DEPARTMENT
BY: BY:
Chair President
Address: Address:
Contact Person: Contact Person:
Telephone No.: Telephone No.:
ATTEST: ATTEST:
Clerk Board of Commissioners Secretary
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(County Seal) (Corporate Seal)
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Attachment 1
Dollar Thresholds in North Carolina 2 � LJNC
Public COntracting Statutes 6CMooLM
Bull6ir hmdts and listafWtoryauthott iitycurFent as of September 11,201.3
Famiall biddling fesiffnaredcostdcaimcr)
Construction or repair contracts 'SSW,000 andabove 5.143-12'9
Purchase of apparatm,supplik-3,materials,and eq,tiripment S1910,Mand'above G.S.143-129
Iniiiii biddling j2ctualcostofcDntwa)
Construction or repair contracts 'X313, 3 to Formal lifirnit 5.143-131
Purchase of apparatus,supplies,materials,and equipment !$30 tG Formal lifirnit .5;.143-1311
Construction awthods autharkmd for bui pira" OverS]100flffi G:5.1 43-1 29131 1
Separate Prime fesiffnaradcostdprqect)
Siingle Pfinrie
Dual G�iiddling
Constnuctim Management at RiA fG.S.143428j)
Design-Rudd aM Desigini-Buildl Bridging 6G.S.1143428,Fok G.S.?43-u8,,M
Public Piriwate Niftnhership,"4G S,143:-!12'8.rPQ
Historically Undknffllbmd Businm(HL"rmlivilrernants
ft1ding can9mclion of repailif pffc«ects
—1 jecs With state.funidling Nufable 116 requiro SIG0,01010afmwe G.&.143-128.2fa)
—Locally fundledl pmjec.ts ffafma?Ma requirernents) s3w,0010armom 5.143-128.20)
—1 jects in infoTmal bidding rainge CinfarrwIHUS're qukemenN s 30)DW to r500,01010* 5.143-1311'6)
INde-FormattflEmquiremerm shodd cowl betww$3X0w,3nd$-wRM,
Unift 4m use of own fmces(ftme account wasio fnof to,excised) G.'s,W 43-"135
ConstructiDn or repair pwojects S125,00,0
ssoxwbbovonii
Ed bonidl cm di
Construction or repair cGinvacts(at femr 9%of W onwfjnfjl Fi3fmaillbid:sf$,5KOMandabovaiI Cz.51434M)
Purchase coif tracts NkA mquiredl
Podomuncafflaymnt bandis
Construction or repair cuinvacts f Wft afconr=izmvfjnr) Each o=racl owff!$50,00,0 of GLS.143-129,(z)-,
project costing ovff S300,01010 G.5.414A-26
Purchase coif tracts Not req,Wredl
rAneral contractoes,Illicanse requilred S310,0M andabove G.'s,97-1
Exemption Force account work(see obove)
Owner-buddler alffixilavit FecliLdredl Force.account work(see ab ➢ rz.5.97-14(aK1l
Us@ of Ilkanwdl,aFcbftKt or moinm iir@qulmd
rumtwrall wwk MGM andabove S.133s-7..71a1
Strucwral repair,additionk oc new construction S115,00001dabow
Repair wwk affiKting lliife safety systems SIN,01010andabow
S@tKtkm of ard&Kt,eni suirminfor,constnKtIon immrm gw at rkk,or deMgm-Wild contractor
"Quallifiicationi-�se.d'selecdon,'PrDci.diure.QBS) AIIII mintracts unless exefvqAedI G.&.143-G43l
Exemption @,LnhDrized Only prc«ects where evdiimatedl GLS.143-6432
fee.is ileu thon'MAN
From A IqgafGuwL-,w i3wrihasipgrand Gm, Lowd GovEmmms,zad ed,by Fr S.Elluestain,
0 2I)M by theSdhcd of Govomeri The University of Mord4i Cardina at i Ch pel Hill.Adl fights resenred'L
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