HomeMy WebLinkAbout2013-431 Emergency Svc - North Chatham Fire Department Fire Protection and Emergency Services Agreement 5
STATE OF NORTH CAROLINA
ORANGE COUNTY
FIRE PROTECTION AND EMERGENCY SERVICES AGREEMENT
THIS AGREEMENT (this "Agreement), made and entered into this jj day of
Ti , 2013 by and between Orange County, hereinafter referred to as the
"County" hnd North Chatham 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 Damascus 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, and shall be the
same rate as levied in Chatham County for the North Chatham Fire Department.
3. That a special or separate fund shall be maintained by the County for funds collected
as a result of said special tax.
4. That from said special tax ninety-eight and one-half percent (98.5%) of current and
delinquent funds collected on real and personal property excluding motor vehicles
and ninety-eight and one-half percent (98.5%) of funds collected on motor vehicles
shall be remitted to the Fire Department in quarterly payments by the 15th day of the
first month of each quarter for the first three quarters beginning in July and ending on
March 31, and the final quarterly payment will be made based on the County Finance
Director's estimate of overall tax collections through the fiscal year end not to exceed
the appropriation amount.
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 6 in the five (5)
mile district, and during the term of this Agreement will maintain at least a 9E
insurance rating. Fire Department will furnish services free of charge to all persons
and individuals within the District (excluding non-public commercial transportation).
6. That all funds paid to the Fire Department by the County shall be used 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
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Medical Responder expenses attributable to the services rendered within the District.
This does not preclude mutual aid agreements.
7. The Fire Department shall provide Medical Responder Services within the District.
Medical Responder Services are defined as the provision of Basic Life Support
treatment as needed until such time as more highly trained personnel arrive on
scene. Such Medical Responder Services may be provided through mutual aid
agreements or through third party contracts
8. The Fire Department shall provide Hazardous Materials Response Services at the
North Carolina Department of Insurance "Operations" Level within the District.
Hazardous Materials Response Services are defined as defensive actions necessary
to protect life, property and the environment from the effects of the release.
9. The Fire Department shall provide Rescue Services to all persons and individuals
within the District. Rescue Services are defined as the removal or freeing of
individuals from confinement or danger and includes extrication, confined space
rescue, land search and rescue, water rescue, high angle rescue, swift water rescue,
structural collapse rescue, trench rescue, and dive rescue. Such Rescue Services
may be provided through mutual aid agreements or through third party contracts.
10. 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 Chatham 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
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Department of Labor for providing fire and emergency services provided
by the Fire Department. For purposes of this agreement emergency
services includes both Medical Responder services, hazardous materials
services, and rescue services.
D. Fire Investigations. The Fire Department officer in charge at all fire
scenes shall attempt to determine the cause and origin of every fire.
When the officer in charge cannot determine the cause and origin of the
fire, or if the cause is suspected to be of an incendiary nature, the officer
in charge may request assistance from the Orange County Fire Marshal.
E. Reports. Fire Department shall keep all records for a minimum period of
seven (7) years. All State and county required reports and rosters shall
be submitted by the applicable deadlines.
F. Fire Hydrants. The Fire Department should coordinate with the owners
of the water distribution system so that every hydrant in the District is
flushed and checked for accessibility, functionality, visibility, and
operation at least annually. If the hydrant is owned by a municipality or
special water district, testing and maintenance should be handled as
agreed upon by the County and the system operator. The Fire
Department should report any malfunctions or damage to hydrants to the
owner of the water distribution system.
G. Emergency/Disaster Response. Fire Department shall follow the Orange
County Emergency Operation Framework (EOF) Policy when responding
to an emergency or disaster.
H. State of Emergency. County requests that Fire Department, when
available, assist with the following services, but not limited to, before,
during, and following times of emergency/disaster: 1) Debris Clearance;
2) Traffic Control; 3) Alert and Warning; 4) Search and Rescue; 5)
Evacuation Notification and Coordination; and 6) other life-saving and
property protection measures as necessary. All operations shall be in
accordance with the Orange County Orange County Emergency
Operation Framework (EOF) Policy.
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.
11. The Fire Department shall present the County with a copy of their Certified Public
Accountant annual 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.
12. The Fire Department shall comply with the County budgeting procedures and other
procedures provided for by state law and shall submit annual budget estimates in
accordance with established County budget timetables along with a supporting letter
of request for a proposed tax rate signed by the Fire Department's president upon
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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.
13. 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 "'I". 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
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.
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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.
14. 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.
15. This Agreement is effective as of July 1, 2013 and shall continue for a term of five (5)
years unless terminated as hereinafter provided. This Agreement may be renewed
for two additional five-year terms upon mutual agreement of the Parties. Either Party
may terminate this Agreement effective at the end of any fiscal year by giving the
other Party notice at least one (1) year in advance of the end of the fiscal year that
the Agreement is to terminate.
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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.
17. 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.
18. 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.
19. 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.
20. 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.
21. This Agreement shall be governed by and construed in accordance with the Laws of
the State of North Carolina.
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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
air President
Address:Addres : 4 Address: !�- �'si 1 aYYi S T6,
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Contact Person: d Contact Person: �i ►�. L�I'�t2�
Telephone No.: ��� `t S v Telephone No.: G' S"1 --3,39D
ATTEST. ' ATTEST:
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Clerk Aoard of Commissioners Secretary
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(County Se ) (Corporate Seal)
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