HomeMy WebLinkAbout2020-803-E Emergency Services-Cedar Grove Fire Dept agreementRevised 07/20
ORANGE COUNTY—DEPARTMENT USE ONLY
______________________________________________________________________________
Party/Vendor Name: Cedar Grove Fire Department Party/Vendor Contact Person: Jeff Borland Contact Phone: 919-
619-2566 Party/Vendor Address: 720 Hawkins Road City Cedar Grove State: NC Zip: 27231 Department:
Amount: Purpose: Budget Code(s): Vendor # (N/A if new vendor) Vendor is a BOCC
consultant? Yes No X Contract Type: (Check one) New Renewal Amendment X Effective Date
Approved by Board Yes No Agenda Date:
This agreement is approved as to technical form and content and I as Department Director affirmatively state work on
this project has not been initiated prior to execution of the agreement:
Department Director’s Signature ________________________________________ Date: ________
Agreements for emergency services or repair are not subject to the above affirmation. If services related to this
agreement have already begun or been completed please briefly describe the nature of the emergency condition that
was addressed:
Information Technologies
(Applicable only to hardware/software purchases or related services) This agreement has been reviewed and is
approved as to information technology content and specifications:
Office of the Chief Information Officer___________________________________ Date: ________
Risk Management
This agreement is approved for sufficiency of insurance standards, specifications, and requirements:
Office of the Risk Management Officer___________________________________ Date: _________
Financial Services
This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act:
Office of the Chief Financial Officer ____________________________________ Date: _________
Legal Services
This agreement is approved as to legal form and sufficiency:
Office of the County Attorney __________________________________________Date: ________
Clerk to the Board
Received for record retention:
All Docusign contracts must be copied to the Clerk upon completion: occlerkdocs@orangecountync.gov
The following signature block is for hard copies only and is not required for Docusign contracts:
Office of the Clerk to the Board __________________________________________Date:_________
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12/23/2020
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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 18th day of November, 2020
by and between Orange County, hereinafter referred to as the “County” and Cedar Grove 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 Cedar Grove 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 Orange County Board of
Commissioners in its annual budget or as they may otherwise determine.
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 Class 6/9, 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 maintain the current ISO rating of 6/9 or look to achieve an ISO rating of 5/9 (or
better). 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
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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 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 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. Fire Department shall maintain any
current rescue certifications through the Rescue Association. 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:
A. That Fire Department is authorized to extend their primary insurance fire
protection services in surrounding fire insurance districts to better serve the
citizens by eliminating a class 10 area in the neighboring fire district. The fire
department shall provide a notarized agreement between the fire departments
submitted to the fire marshal for processing to the Board of County
Commissioners.
B. Fire Department shall not expend any funds or resources appropriated for the
use of persons and individuals in the Central Orange Fire District for the
primary fire protection services outside the area of surrounding response
districts. In the event any such expenditure occurs for primary fire protection
outside of their insurance response to a neighboring district, the 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. This does not preclude fire departments in the county
to expend funds toward a fire district in this county for the creation and use of
a joint facility to be utilized for training in fire, rescue and other emergency
services.
11. That Fire Department shall enter into an agreement with surrounding Departments in
which the Fire Department provides compensation to those surrounding Departments
for their availability and service providing primary fire protection services in an Orange
Rural Class 10 insurance response areas.
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12. 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 Office of the North Carolina State Fire Marshal. The
Fire Department further agrees to notify the Orange County Fire Marshal’s Office of
the annual corporation meeting and provide a current list of its Board of Directors no
later than 14 days after the by-laws declare new members take office. The Fire
Department 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. 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 fire department shall immediately notify the Fire Marshal’s Office where
there is a change in fire chief. 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 a response
time that exercises due diligence to responding to all emergencies when
notified of the emergency.
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’s Office.
E. Reports. Fire Department 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.
F. Fire Hydrants. The Fire Department should report any malfunctions or
damage to hydrants to the owner of the water distribution system.
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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.
13. 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, 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.
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 fire
department 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 that fire department’s (or county’s) auditor, the fire
department shall bear the cost of such advice.
B. Should the fire department 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 department is unable to deliver the audit for reasons
beyond the control of the fire department or the auditor.
C. The fire department 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 the independent audit firm, or if a
regular or special audit by a certified public accountant reveals
competent evidence of reckless or willful financial mismanagement
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practices or intentional or criminal wrongdoing, the fire department’s
Board of Directors will be notified by the county. At that time, the county
and Board of Directors 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 fire department’s Board
of Directors agree that the fire department’s finances have been
stabilized to the extent required to satisfy the financial management
provisions of this contract.
14. 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.
15. 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.
16. 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.
17. In the event the Fire Department dissolves then the Fire Department shall deliver,
release, and convey to the County all 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.
18. 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
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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
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.
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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 wit h 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.
19. 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,
national origin, religion, creed, ethnicity, sex, sexual orientation, age, disability, political
affiliation, and Vietnam-Era or disabled veteran status.
20. Term. 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. The Parties shall acknowledge their
intent to renew this Agreement for an additional five year term in a writing signed by
both Parties no later than six month before the end of the Term. 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.
21. 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.
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22. 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.
23. 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.
24. 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.
25. 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.
26. This Agreement and the duties, responsibilities, obligations and rights of respective
parties hereunder shall be governed by the laws of the State of North Carolina. By
executing this Agreement Fire Department affirms that Fire Department is and shall
remain in compliance with Article 2 of Chapter 64 of the North Carolina General
Statutes. By executing this Agreement Fire Department certifies that Fire Department
has not been identified, and has not utilized the services of any agent or subcontractor
identified, on the list created by the State Treasurer pursuant to G.S. 147-86.58. By
executing this Agreement Fire Department certifies that they have not been identified,
and has not utilized the services of any agent or subcontractor identified, on the list
created by the State Treasurer pursuant to G.S. 147-86.81.
27. Fire Department shall at all times remain in compliance with all applicable local, state,
and federal laws, rules, and regulations including but not limited to all state and federal
non-discrimination laws, policies, rules, and regulations and the Orange County Non-
Discrimination Policy and Orange County Living Wage Policy (each policy is
incorporated herein by reference and may be viewed at
http://www.orangecountync.gov/departments/purchasing_division/contracts.php.)
Any violation of the Orange County Non-Discrimination Policy is a breach of this
Agreement and County may immediately terminate this Agreement without further
obligation on the part of the County. This paragraph is not intended to limit and does
not limit the definition of breach to discrimination.
28. Dispute Resolution. Any and all suits or actions to enforce, interpret or seek damages
with respect to any provision of, or the performance or non-performance of, this
Agreement shall be brought in the General Court of Justice of North Carolina sitting in
Orange County, North Carolina. It is agreed by the parties that no other court shall
have jurisdiction or venue with respect to such suits or actions. Binding arbitration
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may not be initiated by either Party, however, the Parties may agr ee to nonbinding
mediation of any dispute prior to the bringing of such suit or action.
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:
ATTEST: ATTEST:
_________________________________ ____________________________
Clerk Board of Commissioners Secretary
(County Seal) (Corporate Seal)
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Attachment 1
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