Loading...
HomeMy WebLinkAbout2014-133 ES - Eno Fire and Emergency Services, Inc. - Fire Protection Services Agreement STATE OF NORTH CAROLINA ORANGE COUNTY FIRE PROTECTION AND EMERGENCY SERVICES AGREEMENT THIS AGREEMENT (this "Agreement"), made and entered into this _14—day of _January , 2014 by and between Orange County, hereinafter referred to as the "County" and Eno Fire and Emergency Services, Inc., hereinafter referred to as the "Fire Department", referred to herein as "Party" and/or collectively as the "Parties". WITNESSETH: 1. County created the _Eno 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 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_9S/E_, 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 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 1 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 Dapartment 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, 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 Caldwell Fire 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 East Orange Fire District for the primary fire protection services outside the area of the Caldwell Fire 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 Eno Fire Department in which Caldwell 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 Caldwell Fire 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 2 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, 3 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 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 the 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. 4 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. 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 5 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. 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 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, 6 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. 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. 7 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: U V M e- f ".✓K.ca r 66 President Address: 4� Address: 5'2j g O I D N I 111 5 b o2oU 9 N > We- .�"A A a r►ti A G Z*1 11 a S Contact Person: Contact Person: W A U N t IPAS04A U Telephone No.: "L N—�L �`'( Telephone No.: q �'.3 S34 AT T S ATTEST:t �'A, Cler bard of Commissioners Se retary (County a �o� (Corporate Seal) ��tn[ina 8 Dolor Thresholds In North Carolina �+ Public Contracting Statutes Odwho 4sasds ra otiijrt asois $ar1.ZD13 Fotn1ni61diMnM testirrroeedoattofcortroct) Canstructio^or m;k*contracts Ssoo oOD arxlabovnr G.S.143-129 Pur<6a9e ofapWask and w"pr_M SW,000 andobaw G.S.143-129 rtfar�l Ocdralcosrodcontra } Construction or repair contracts $30,000 to fanna(knA GS 143-131 Putchasm of appaatus.supplies midi*and equprnei $30,000 toforrnd hint GS.143-131 C Mdh0 WdthubMMd"p r1s Over$30D,000 GS 143-125(al) sepairte PAW le minnow coa ofpmjert) Mr*him tad vxmng C=wlinsctionAdnagementat(tickjUS 16--1281) DesignAb idandDeiigr- ;dBtidg ng"143-rX1,A;GS 143-88181 Public PrWale Partnership F3l ll 143-WO Winelolly Ond0iratOnd MwhM OW rmpkanamb Balding mrubuctior►or repark projects -Pt of ectsv#Krstmelrsed iingSrenlafikjo%god regwoo S100,000ormwe GS 143-UL2W -LaraBy Gerded p n*cts 0611ndHLM rr9raiv-3w S30D,000 ormwe G-S." A2(j) -Pwiects in irdmnd bidding range&d6TndHWrewwemenW S30A=to 5500,000" G&)43-BI(b) 4 iftfun SMMandSsotM Lmi att Y Of a tOt rM(QOM 8CUM li w1g% (nottoe civeO GA 143-13S Construction or mprw projects S12S.000 ftotdpmjw oosq ar SSD,000 Dabwo*coW Midbummidapnk Constriction orrepaitcontractsfarkasr9%ofbidarnarnq Forma(bids(5500,=wdabasel "143-129(6) PundIMM corn acts Not regWred FM MWOMftraw bond: Comotrwtianoriepw ontractsOMefcormwamornd Each c rrtractamS50,00od GS 143-1294 project oaaing over$300,000 GS OX36 Purdvase contracts Not requied 60AOnt c8RbK*ar%NOOnO q ' ad S30,000a+dabow G&97-1 Ea-pdon Force accauntwork(see abm* Ownw-bvider affWavit requied Force aaDunt work bwalimis GS 87-14W) U ndMtmmdatdftociorntgUtnart+oquiwd Nortmucww work S3DD,00o andabow GS 133-1.1(a) Structural repair additions or new corvstnx0on S135.00o andabow Bepw work affectingW safetyypvu- 5100,400andebme SWKUM at•IddKt,llllMiltnnrr tnvVri a 1*k w GO I tILA, Based`,election"PrtxKk+R KM Al contracts uAw exempted GS 143-6431 Exemption audnoriwil Only projects whim esdrnated GS 143-64.32 fee is lea dime SS%= hom ALqWGw*3D?WdWw#dwdChWxWV 6rlliand+C&mhwLac fGwomnenk2W4d„byFnpbs,MIoo* R7�#lydr93idrDaii�f C�rs�rert0amrrt;'�ctlriv0a11raf lienrdrCawineat ilrtµrd FMLAlf�igisas�r& 10 i A77 i I t"-j / Ne e I 'mot a t 1 b LEGEND j We$From MoIlett —0•SMon 6 a•e mlNr FA961otims Strorts East Orange 10 — `- East Orange Insurance District J 1 k wbb�wnnm IYepwrtaMd�ro.oe�v dl Nwbl.SMO ..