HomeMy WebLinkAboutAgenda 03-07-24; 8-g - Approval of the Fire Protection and Emergency Services Agreement with the Town of Carrboro 1
ORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: March 7, 2024
Action Agenda
Item No. 8-g
SUBJECT: Approval of the Fire Protection and Emergency Services Agreement with the
Town of Carrboro
DEPARTMENT: Orange County Emergency
Services
ATTACHMENT(S): INFORMATION CONTACT:
Fire Protection and Emergency Services Kirby Saunders, Director, Orange County
Agreement with the Town of Carrboro Emergency Services, 919-245-6123
Elizabeth Farnan, Division Chief of Fire &
Life Safety Division, 919-537-2149
PURPOSE: To approve the Fire Protection and Emergency Services Agreement with the Town
of Carrboro for the South Orange Fire Service District (the "District') as a County Service District
pursuant to Chapter 153A, Article 16 of the North Carolina General Statutes to provide fire
protection and other services as set forth in the Agreement.
BACKGROUND: Orange County has Service Agreements with the Fire Departments to provide
fire protection and other services as set forth in the North Carolina General Statutes 153A, Article
16. The Agreement with the Town of Carrboro is attached for Board consideration.
FINANCIAL IMPACT: Pursuant to North Carolina General Statutes 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 Town to the County as
approved by the County. The current tax rate for the South Orange Fire Service District is 9.09
cents.
SOCIAL JUSTICE IMPACT: The following Orange County Social Justice Goals are applicable
to this item:
• GOAL: FOSTER A COMMUNITY CULTURE THAT REJECTS OPPRESSION AND
INEQUITY
The fair treatment and meaningful involvement of all people regardless of race or color;
religious or philosophical beliefs; sex, gender, or sexual orientation; national origin or ethnic
background; age; military service; disability; and familial, residential, or economic status.
• GOAL: CREATE A SAFE COMMUNITY
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The reduction of risks from vehicle/traffic accidents, childhood and senior injuries, gang
activity, substance abuse and domestic violence.
ENVIRONMENTAL IMPACT: The following Orange County Environmental Responsibility Goal
impact is applicable to this item:
• RESULTANT IMPACT ON NATURAL RESOURCES AND AIR QUALITY
Assess and where possible mitigate adverse impacts created to the natural resources of
the site and adjoining area. Minimize production of greenhouse gases.
RECOMMENDATION(S): The Manager recommends that the Board approve and authorize the
Chair to sign the Fire Protection and Emergency Services Agreement with the Town of Carrboro
for the South Orange Fire Service District.
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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 _7th day of
_March , 2024 by and between Orange County, hereinafter referred to as the "County"
and Town of Carrboro, hereinafter referred to as the "Town", both referred to herein as "Party"
and/or jointly as the "Parties".
WITNESSETH:
1. County created the South Orange Fire Service District (the "District") as a County
Service District 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 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 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 by the 15t" 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. 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 4 or look to achieve an ISO rating of 3 or
better. Town will furnish fire, rescue, community risk reduction 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 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.
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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 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 within the District to
provide basic emergency medical care 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 rescue services within the District to provide basic rescue
services to the citizens within the District in 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. Currently the fire
department is certified through the Rescue Association in Light Rescue. The 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 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 North Carolina Department of Insurance and shall provide written notification to
the Orange County Emergency Services' Fire & Life Safety Division at the time of
submission to the State. Town further agrees to file with Orange County Emergency
Services' Fire & Life Safety Division 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 Orange
County Emergency Services' Fire & Life Safety Division at the time of submission to
the association.Accompanying the roster shall be an annual training report. The Town
shall provide confirmation of criminal history checks for all members on the roster in
accordance with N.C. General Statute§ 1438-943.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 Town Fire Department at any time. Said inspection shall
be conducted by the Orange County Emergency Services' Fire & Life Safety Division
and/or Orange County Finance Office and/or their designee. The following minimal
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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.
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, the officer in
charge may request assistance from the Orange County Emergency
Services' Fire & Life Safety Division.
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 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.
H. Emergency/Disaster Response. Town shall follow the Town of Carrboro
and Orange County Emergency Operations Plan (EOP)when responding
to an emergency or disaster in the District.
I. 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 lifesaving and property
protection measures as necessary. All operations shall be in accordance
with the Town and Orange County Emergency Operations Plan.
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J. 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.
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
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 forms used by
County departments. The Town agrees to have the annual audit published for Public
review. 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 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 budgeting 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 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
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the Town with standard forms for budget submission and the Town shall use such
standard forms.
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 of Carrboro 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 on an Acord 25
(8/84) or similar form meeting the required insurance provisions shall be
forwarded to Orange 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
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veteran status. Employees, members and applicants must be competent and capable
of performing the requirements of the job. The Town agrees to take all reasonable
measures to ensure 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 Carrboro
Attn: County Manager Attn: Town Manager
P.O. Box 8181 301 West Main Street
Hillsborough, NC 27278 Carrboro, NC 27510
17. That this agreement shall be binding upon and ensure 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.
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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 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 Carrboro
BY: BY:
Chair Town Manager
ATTEST: ATTEST:
Clerk Board of Commissioners Town Clerk
(County Seal) (Corporate Seal)
County Clerk attests date this the Town Clerk attests date this the
day of 2024. day of , 2024.
Approved as to Form &Authorization
Town Attorney
This instrument has been pre-audited in the manner
required by the Local Government Budget and
Fiscal Control Act.
Finance Officer
Fire Chief
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Dollar Thresholds in North Carolina 1 UNC
III I SCHOOL OF
Public Contracting Statutes GOVERNMENT
Dollar limits and statutory authority current as of November 1,2015
Requirement Threshold Statute
Formal bidding (estimated cost of contract)
Construction or repair contracts $500,000 and above G.S.143-129
Purchase of apparatus,supplies,materials,and equipment $90,000 and above G.S.143-129
Informal bidding (actual cost of contract)
Construction or repair contracts $30,000 to formal limit G.S.143-131
Purchase of apparatus,supplies,materials,and equipment $30,000 to formal limit G.S.143-131
Construction methods authorized for building projects Over$300,000 G.S.143-128(al)
Separate Prime (estimated cost of project)
Single Prime
Dual Bidding
Construction Management at Risk(G.S. 143-128.1)
Design-Build and Design-Build Bridging(G.S. 143-128.1A;G.S. 743-128.18)
Public Private Partnership(P3)(G.S. 143-128.1C)
Historically Underutilized Business(HUB)requirements
Building construction or repair projects
—Projects with state funding(verifiable 10%goal required) $100,000 or more G.S.143-128.2(a)
—Locally funded projects(formal HUB requirements) $300,000 or more G.S.143-128.2(j)
—Projects in informal bidding range(informal HUB requirements) $30,000 to$500,000* G.S.143-131(b)
*Note:Formal HUB requirements should be used for informally bid projects costing between$300,000 and$500,000
Limit on use of own forces(force account work) (not to exceed) G.S.143-135
Construction or repair projects $500,000(total project cost)or
$200,000(labor only cost)
Bid bond or deposit
Construction or repair contracts(atleast5%of bid amount) Formal bids($500,000 and above) G.S.143-129(b)
Purchase contracts Not required
Performance/Payment bonds
Construction or repair contracts(100%of contractamount) Each contract over$50,000 of G.S.143-129(c);
project costing over$300,000 G.S.44A-26
Purchase contracts Not required
General contractor's license required $30,000 and above G.S.87-1
Exemption Force account work(see above)
Owner-builder affidavit required Force account work(see above) G.S.87-14(a)(1)
Use of licensed architect or engineer required
Nonstructural work $300,000 and above G.S.133-1.1(a)
Structural repair,additions,or new construction $135,000 and above
Repair work affecting life safety systems $100,000 and above
Selection of architect,engineer,surveyor,construction manager at risk,or design-build contractor
"Qualification-Based Selection"procedure(QBS) All contracts unless exempted G.S.143-64.31
Exemption authorized Only projects where estimated G.S.143-64.32
fee is less than$50,000
From A Legal Guide to Purchasing and Contracting for North Carolina Local Governments,2nd ed.,by Frayda S.Bluestein,
0 2004 by the School of Government,The University of North Carolina at Chapel Hill.All rights reserved.
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