HomeMy WebLinkAbout2018-236 Emergency Svc - Fire Protection and Emergency Services Agreement-Chapel HillSTATE OF NORTH CAROLINA
ORANGE COUNTY
FIRE PROTECTION AND EMERGENCY SERVICES AGREEMENT
TH S AGREEMENT (this "Agreement "), made and entered into this �day of
*l� , 2018 b and between Orange County, hereinafter referred to as the "County"
Y � Y Y
and Town of Chapel Hill, hereinafter referred to as the "Town ", both referred to herein as "Party"
and /or jointly as the "Parties ".
WITNESSETH:
1. County created the Greater Chapel Hill Fire Service District (the "District ") as a
delineated on Exhibit A to this Agreement pursuant to Chapter 153A, Article 16 of the
North Carolina General Statutes and desires to contract with the Town for fire
protection and other services from the Chapel Hill Fire Department (the "Fire
Department ") as set out herein.
2. Pursuant to NCGS §153A -307, the County agrees that it will cause to be assessed or
levied a special tax of not more than fifteen cents ($.15) per one - hundred dollar ($100)
valuation of all real and personal property in the District unless otherwise limited or
prohibited by law or a vote of the people, and will collect said tax as a part of the ad
valorem taxes of Orange County; provided however, the amount levied annually shall
be based on the needs projected in the budget estimate submitted by the Fire
Department to the County as approved by the County.
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
shall be remitted to the Town in quarterly payments by the 15th day of the first month
of each quarter for the first three quarters 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.
5. The Town shall provide and furnish adequate fire protection services and shall provide
the necessary equipment, personnel, and other resources as determined by the North
Carolina Department of Insurance, Fire and Rescue Service Division, and the
Insurance Service Office for all persons and property located within the District. 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 maintain the current ISO rating of 2. Town will furnish fire,
rescue and medical responder services on the same basis and in the same manner
as it provides such services within the Town free of charge to all persons and
individuals within the District, provided, however that this Agreement shall not prevent
the Town from imposing fees, so long as such fees are the same for services and
properties in the District and in the Town. By way of illustration, but not limitation, in
the event the Town was to establish a charge for responding to a false alarm, it may
assess such fees within the District to the same extent that such fees are assessed to
properties within the Town.
6. That all funds paid to the Town by the County shall be used exclusively by the Town
to provide fire protection services within the District, to provide Emergency Medical
Technician and rescue services within the District, and to pay other legitimate fire,
rescue, and Emergency Medical Technician expenses attributable to the services
rendered within the District.
7. The Town shall provide Emergency Medical Technician Services to the residents
within the District on the same manner in which such services are provided within the
Town. Emergency Medical Technician 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 Emergency Medical Technician Services may be provided
through mutual aid agreements or through third party contracts.
8. The Fire Department shall provide Hazardous Materials Response Services according
to the North Carolina Department of Insurance North Carolina Fire Rescue
Commission Haz -Mat 1 Responder level for all operational responses in 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 Town shall provide basic rescue services to the residents within the District on the
same manner in which such services are provided within the Town. Rescue services
are defined as the removal, extrication, or freeing of individuals from vehicle
confinement or danger and includes extrication, water rescue, high angle rescue, swift
water rescue, structural collapse rescue and trench rescue. Such rescue services may
be provided through mutual aid agreements or through third party contracts.
10. In providing the services contemplated herein the Town shall operate in compliance
with all applicable State and local laws and regulations including, but not limited to the
North Carolina Fire Incident Reporting System (G.S. 58- 79 -45, NC Administrative
Code, §.0402). The Town shall submit electronic incident reports on a quarterly basis
to the Orange County Fire Marshal. The Town further agrees to file with the Fire
Marshal's Office a current list of its Town Council no later than 14 days after members
take office. The Town shall provide a copy of the certified personnel roster submitted
to the N.C. State Firefighter Association to the Fire Marshal's Office at the time of
submission to the association. Accompanying the roster shall be an annual training
report. The fire department agrees to work with Emergency Management to resource
type personnel, apparatus including pump and tank size, and specialized fire
suppression equipment in Salamander or other software used by Emergency
Services. The County shall have the right to inspect all books and accounts for the
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
Town and are a part of this Agreement:
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A. Dispatching Protocols. Town shall comply with County dispatching
protocols and policies. The County shall consult with the Town prior to
implementing new or changing said protocols.
B. Response Time. Town should have the goal of having a response time
that exercises due diligence to responding to all emergencies when
notified of the emergency.
C. Personnel on Scene. Town should have adopted standard operating
guidelines that address the appropriate number of firefighters needed on
all type fire calls. The National Incident Management System shall be
used at all incidents to manage personnel.
D. Training. Town shall have the minimum standard training requirements
set forth by the State of North Carolina 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
Emergency Medical Technician services, hazardous materials services,
and rescue services.
E. Fire Investigations. The Town officer in charge at all fire scenes shall
attempt to determine the cause and origin of every fire. When the officer
in charge cannot determine the cause and origin of the fire, or if the cause
is suspected to be of an incendiary nature, the officer in charge may
request assistance from the Orange County Fire Marshal's Office.
F. Reports. Town shall keep all records according to state law for retention.
All State and county required reports and rosters shall be submitted by the
applicable deadlines.
G. Fire Hydrants. Fire hydrants in the District shall be tested by the Orange
Water and Sewer Authority on the same schedule and in the same manner
as OWASA test hydrants in the Town.
H. Emergency /Disaster Response. Town shall follow the Town of Chapel Hill
Emergency Operations Plan (EOP) when responding to an emergency or
disaster in the District.
State of Emergency. County requests that the Town, when available,
assist with the following services, but not limited to, before, during, and
following times of emergency /disaster: 1) Debris Removal; 2) Traffic
Control; 3) Alert and Notification; 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 Town provides Emergency Medical
Technician Services assistance, it shall be done in accordance with the
protocols set forth by the Orange County Medical Director or other
3
identified Medical Director overseeing Chapel Hill Fire Department
Emergency Medical Training.
11. The Town shall present the County with an annual audit by a Certified Public
Accountant, which shall be in conformity with General Accepted Accounting Principles.
Such audit to be provided and be in conformity with the most recent audit policies of
the North Carolina Local Government Commission. Further, the Town agrees to
comply with County budgeting procedures including a mid -year financial statement for
the Fire Department and other procedures provided for by State Law and agree to
submit budget estimates to the Board of Commissioners on the standard forms used
by County departments. The Town also agrees to use standard line items for
accounting as requested by the County Finance Department.
A. In the event that the audit reveals any reportable and /or material
issue(s) with regard to compliance with generally accepted accounting
principles, or any material weakness or significant deficiencies, the
Town shall provide a written statement to the County that contains an
explanation of each issue and an action plan (with implementation
timetable) for resolving each such issue, weakness and /or deficiency,
and shall provide periodic reports to the county on progress made in
resolution of each issue, weakness and /or deficiency. If resolution of
such issues, weakness or deficiencies requires professional advice on
the part of the Town (or County's) auditor, the Town shall bear the cost
of such advice.
B. Should the Town fail to submit its audit report to the County within the
above time period, the county will suspend all funds immediately until
the audit is delivered as set forth above, except that the county's Chief
Financial Officer may grant a reasonable submittal extension if the
Town is unable to deliver the audit for reasons beyond the control of
the fire department or the auditor.
C. The Town agrees that if its financial records are judged to be un-
auditable for purposes of an audit or establishment of a budget by the
County's chief financial officer or, if a regular or special audit by a
certified public accountant reveals competent evidence of reckless or
willful financial mismanagement practices or intentional or criminal
wrongdoing, the Town Council will be notified by the County. At that
time, the County and Town Council may jointly name a trustee who will
assume responsibility for management and financial decision - making
for the Department until such time as the County and Town agree that
the Department's finances have been stabilized to the extent required
to satisfy the financial management provisions of this Agreement.
12. The Town shall comply with the County budgeting procedures and purchasing
procedures provided for by state law and shall submit annual budget estimates for the
Department in accordance with established County budget timetables along with a
supporting letter of request for the proposed tax rate shall be signed by the Town's
Town Manager upon approval of its Town Council. The County will provide the Town
with standard forms for budget submission and the Town shall use such standard
forms.
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13. The Town agrees to the extent allowed by law to hold harmless and indemnify the
County from and against any and all liability and expenses including attorney fees,
court costs and other costs incurred by the County caused by any act or omission of
the Town, its agents and employees. The Town shall purchase and maintain, during
the term of this Agreement, and any extension hereof, at least the following insurance
coverage:
A. Workers Compensation: Coverage to apply for all employees for statutory
limits in compliance with the applicable state and federal laws. The policy
must include employer's liability with a limit of $100,000 for each accident,
$100,000 bodily injury by disease each employee and $500,000 bodily injury
by disease policy limit.
B. Comprehensive General Liability: Shall have minimum limits of one million
dollars ($1,000,000) per occurrence combined single limit for bodily injury
liability and property damage liability. This shall include premises and /or
operations, independent contractors, products and /or completed
operations, broad form property damage and explosion, collapse and
underground damage coverage, sudden and accidental pollution losses,
and a contractual liability endorsement.
C. Business Auto Policy: Shall have minimum limits of one million dollars
($1,000,000) per occurrence combined single limit for bodily injury liability
and property damage liability. This shall include: owned vehicles, hired and
non -owned vehicles and employee non - ownership.
D. Special Requirements: The Town will name the County as the additional
insured on the Comprehensive General Liability policy.
E. Current, valid insurance policies meeting the above requirements shall be
maintained. Renewal certificates shall be sent to the County thirty (30) days
prior to any expiration date. There shall also be a 30 day notification to the
County in the event of cancellation or modification of any stipulated
insurance coverage. Certificates of Insurance on an Acord 25 (8/84) or
similar form meeting the required insurance provisions shall be forwarded
to the County. Wording on the certificate of insurance which states that no
liability shall be imposed upon the company for failure to provide such notice
is not acceptable.
14. In connection with the performance of this Agreement, the Town agrees not to
discriminate against any employee, member, or applicant for employment or
membership because of race, color, national origin, religion, creed, 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 Town agrees to take all reasonable
R
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.
15. 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.
16. This Agreement sets forth the entire understanding of the parties and supersedes any
and all prior agreements, arrangements, and understandings related to the subject
matter hereto. This Agreement may not be changed or terminated except in writing
and as provided herein, and no notice shall be effective unless evidenced by a written
instrument duly executed by the Party or Parties, hereto and delivered as follows:
If to County If to Town
Orange County Town of Chapel Hill
Attn: County Manager Attn: Town Manager
P.O. Box 8181 405 Martin Luther King Jr. Boulevard
Hillsborough, NC 27278 Chapel Hill, NC 27514
17. 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.
18. No act or failure to act by the County or the Town shall constitute a waiver of any right
or duty granted to the Parties by the terms of this Agreement. Nor shall any act or
failure to act constitute any approval except as specifically agreed to in writing.
D
IN WITNESS WHEREOF, the County has caused this instrument to be executed by the
Chairperson of the Board of County Commissioners and attested by the Clerk to the Board of
County Commissioners, and the Town has caused this instrument to be signed in its corporate
name by its Town Manager, attested by its Clerk, and its corporate seal hereto affixed.
Acknowledged and agreed to the day and date first above recorded.
ORANGE COUNTY Town of Chapel Hill
BY:
Chair
ATTEST-
S
Clerk Board of
(County Seal)
County Clerk attests date this the
day of', 2018.
4'
BY:
Town Manager
ATTEST:
Town Clerk
V�ayClerk attests date r f'nhe
of 3\Y492018.
Approved as to Form & Authorization
Town Attorney
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