2012-438 EMS - Orange County, Caldwell Fire Department and Eno Fire and Emergency Services for Primary Fire Protection in an Area of the Caldwell Fire District

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NORTH CAROLINA AGENCY AGREEMENT ORANGE COUNTY s� This Agreement made this the I day of 2012, between Orange County, a political subdivision of the State of North Carolina ( "Coun . ) located at 200 South Cameron Street, Hillsborough, North Carolina 27278, Caldwell Fire Department ( "Caldwell ") located at 7020 Guess Road, Rougemont, North Carolina 27572 and Eno Fire and Emergency Services ( "Eno ") located at 5019 US HWY 70W, Durham, North Carolina 27705. Whereas, the County created special tax districts for fire protection in accordance with Chapter 69 of the North Carolina General Statutes; and Whereas, the County elected to contract with incorporated nonprofit fire departments to provide fire protection services to the County; and Whereas on May 19, 1992 the County entered into Agreements with both Caldwell and Eno to provide primary fire protection services within the geographic boundaries of Caldwell and East Orange, respectively; and Whereas both Fire Departments have been providing service within their primary fire protection districts and now desire to enter into an Agreement whereby Eno will provide primary fire protection services to an area within Caldwell Fire District (see Exhibit 1, which attached and hereby incorporated by reference); and Whereas the County levies and collects taxes on all real and personal property subject to taxation in East Orange and appropriates those funds to Eno for the use of the residents in the East Orange Fire District and not Caldwell; and Whereas on January 20, 2011, the Orange County Board of Commissioners approved a change to the insurance district line boundary (see Exhibit 1) to allow Eno to provide primary fire protection services to residents within a portion of Caldwell Fire District; and Whereas the County will authorize Eno to provide the primary fire protection to residents in Caldwell as shown in Exhibit I so long as they do not use or expend any funds or resources appropriated for fire protection services levied and collected from and for the residents in the East Orange Fire District. Now, therefore, in consideration of the mutual covenants and premises herein contained, the Parties agree to the following: That Eno is authorized to provide primary fire protection services in the area of the Caldwell Fire District shown in Exhibit 1. 2. Eno shall not expend any funds or resources appropriated for the use of residents in the East Orange Fire District for the primary fire protection services outside the area of the Caldwell Fire District shown in Exhibit 1. In the event any such expenditure occurs for primary fire protection outside the area shown in Exhibit 1 Eno shall immediately notify the County and Eno shall take corrective measures to rectify the expenditure and to ensure such expenditure shall not be repeated. 3. That Caldwell shall make annual payments of $500.00, or as agreed to by Eno and Caldwell, to Eno as compensation for Eno's availability and service in providing primary fire protection services in the area of the Caldwell Fire District shown in Exhibit 1.