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HomeMy WebLinkAbout2018-369 Emergency Svc - Town of Carrboro Fire Protection agreement011101 FIRE PROTECTION ANID EMERGENCY SERVICES AGREEMENT THIS GREEMENT (this "Agreement"), made and entered into this J'LC)__day of 20,18 by and between Orange County, hereinafter referred to as the "County" 6hd Town of Carrboro, hereinafter referred to as the -'rown", both referred to herein as "Party" and/or jointly as the "Parties", WITNESSETH: County created the South Orange Fire Service District (the "District") as a County Service District to this Agreernent pursuant to Chapter 1 53A, Article 16 of the North Carolina General Statutes and desires to contract with the Town for fire protection and other services as set out herein. 2, Pursuant to §NCGS 153A-3017, 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 lirnhted or prohibited by law or a vote of the people, and will collect said tax as a part of the ad valorem taxes of Orange County„ provided however, the amount levied annually shall be based on the needs projected in the budget estimate submitted by the Town to the County as approved by the County. 3, That a special or separate fund shall be maintained by the County for funds collected as a result of said special tax, 4, That from said special tax ninety-eight and one-half percent (98.5%) of current delinquent funds collected on real and personal property excluding motor vehicles shall be remitted to the Town in quarterly payments I'Dy the '151" day of the first month of each quarter for the first three quarters, and tl"ie final quarterly payrnent will be made based on the County Finance Director's estimate of overall tax collections through the fiscal year end not to exceed the appropriation amount, The Town shall provide and furnish, adequate fire protection services and shall provide the necessary equipment, personnel, and other resources as determined by the North Carolina Department of Insurance, Fire and Rescue Service Division, and the Insurance Service Office for all persons and property located within the District, Town 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 5 or look to achieve an ISO rating of 4 or better, Town Will furnish, fire, rescue, community risk reduction and medical responder services on the same basis, and in the carne 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 sarne for properties in the District and in the Town. By way of illustration, but riot limitation, in the event the Town was to establish a charge for responding to a false alarn,-n, 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, and the Town may also use said funds to provide IEmergericy 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 within the District to provide basic ernergency medical care to the citizens 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 shallll 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 environnient from the effects of the release, 9. The Town !shall provide rescue services within the District to provide basic rescue services to the citizens within the District on the same manner in which Such services are provided within the Town, Rescue services are defined as the removal, extrication, or freeing of lindividuals from vehicle confinement or danger, Currently the fire department is certified through the Rescue Association in Light Rescue, Fire Department shall maintain current rescue certifications through the Rescue Association. 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 Indclent Reporting System (G,S, 58-79-459 NC Administrative Code, §.04012)1, 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 Board of Aldernien 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 tirne 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 purnip and tank size, and specialized fire suppression equipment in Salamander or other software used by Emergency Services. The County shalll have the right to inspect all books and accounts for the Town Fire Department at any time Said inspection shall be conducted by the Orange County Fire Marshal and/or Orange County Finance Office N and/or their designee. The following minimal performance standards are agreed upon by the County and the Town and are a part of this contract: A. Dispatching protocols. Town shall comply with Orange County dispatching protocols and policies. The County shall consult with the Town prior to implementing new or changing said protocols, E. 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 nurnber of firefighters needed on all type fire calls. The National Incident Management Systern shall be used at allI incidents to manage personnel, D. Training, Town shall have the rnlnimUn"i 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 inceridlary, nature, the officer in charge may request assistance from the Orange County Fire Marshal's Office. F. Reports. -rown 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 Town 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, K Emergency/Disaster Response. Town shall)) follow the Town of Carrborc, Emergency Operations Plan (EOP) when responding to an emergency or disaster in the District. State of Emergiency. County requests that the Town, when available, assist with the following services, but not limited to, before, during, and following times of ernergency1disaster: 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. J, Medical Responder Services. When Town provides Ernergency Medical Technician Services assistance, it shall be done in accordance with the protocols set forth by the Orange County tedicall Director, 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 raid -year financial statement for its fire department and other procedures provided for by State Law and agree to submit budget estimates to the Board of Commissioners on the standard forrns 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 issues) with regard to compliance with generally accepted accounting principles, or any material weakness or significant deficiencies, the Town shall provide a written staten'tent 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 periodlic reports to Hie 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 irnmediately 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 three, the County and Town Council may jointly name a trustee who will assume, responsibility for management and financial decision- making for the fire department until such time as the county and Town, agree that the Town fire department's finances have been stabilized to the extent required to satisfy the financial management provisions of this contract. 12. The Town shall comply with the County budgetirig procedures and purchasing procedures provided for by state law and shall submit annual budget estimates for the Town, Fire Department in accordance with established County budget drrietaUes 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, 4 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 CoMj2gD§,q'reru: Coverage to apply for all employees, for statutory lit-nits 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. CqMIL h ensive General La 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 L_ Shall have rninininum limits of one million dollars ($1,0001,0010) per occurrence combined single limit for bodily injury liability and property darnage liability, This shall it'ICIUde' owned vehicles, hired and non-owned vehicles and employee non-ownership. D. Sp u� qnients: The Town of Cart-boro will name Orange County as the additional insured on the Comprehensive General Liability policy. E. Current, valid insurance policies meeting the above requirements shall be maintained. Renewal certificates shall be sent to Orange County thirty (30) days prior to any expiration date. There, shall also be a 30 day notification to Orange County in the event of cancellation or modification of any stipulated insurance coverage. Certificates of Insurance cin an Acord 25 (8/84) or similar form i meeting the required insurance provisions shall be forwarded to Orange County, "wording oini 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 perforrnance of this Agreenient, the Town agrees not to discriminate against any employee, rinernber, 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 cornpetent and capable to perform the requirements of the job. The Town agrees to take all reasonable measures to insure that applicants are employed, and that employees are treated appropriately, during their employment, without regard to their race, color, national origin, religion, creed, ethnicity, sex, sexual orientation, age, disability, political affiliation, and Vletnam-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 Orange COUnty Attn: County Manager RO, Box 8181 Hillsborough, NC 27278 If to Town Town of Carirboro Attie: Town Manager 301 West Main Street Carrboro, NC 27510 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, 6 IN WITNESS WHEREOF, the County has caused this rristrurnent 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 Fown has CaUsed this inSfilflnerrt 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 CO !NTY Town of Czar rboro Coir I own Manager ATTEST.- Coynty Clerk attests date this the day of YI-20118, ATTEST: Town Clerk attests daTVTrl9 day of 20'18. This in U h 's been pre-audited in the rnanner reqUired by the Local Government Budget and Fis"!lrolht lAct, Chidf Finance Officer Approved as to Form & ,Authorization Town Attorney Fire Chlef