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Agenda - 11-19-2013 - 6h
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Agenda - 11-19-2013 - 6h
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Last modified
11/15/2013 12:43:01 PM
Creation date
11/15/2013 12:42:17 PM
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BOCC
Date
11/19/2013
Meeting Type
Regular Meeting
Document Type
Agenda
Agenda Item
6h
Document Relationships
2013-516 EMS - Orange Rural Fire Department for Fire Protection Agreement
(Linked From)
Path:
\Board of County Commissioners\Contracts and Agreements\General Contracts and Agreements\2010's\2013
2013-533 EMS - Orange Grove Vol Fire Co for Fire Protection Agreement
(Linked From)
Path:
\Board of County Commissioners\Contracts and Agreements\General Contracts and Agreements\2010's\2013
2014-102 EMS - Efland Fire Department for Fire Protection and Emergency Services Agreement
(Linked From)
Path:
\Board of County Commissioners\Contracts and Agreements\General Contracts and Agreements\2010's\2014
Minutes 11-19-2013
(Linked From)
Path:
\Board of County Commissioners\Minutes - Approved\2010's\2013
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7 <br /> thirty (30) days prior to their effective dates. Further, the Fire Department agrees to <br /> amend its Articles of Incorporation and Bylaws as necessary to meet all minimum <br /> legal requirements for a North Carolina nonprofit corporation, as required by the <br /> provisions of Chapter 55A of the General Statutes of North Carolina. Should Fire <br /> Department be notified that it has failed to meet all minimum legal requirements for a <br /> North Carolina nonprofit corporation and/or failed to maintain its federal, state, or <br /> local tax-exempt status the Fire Department shall, within thirty (30) days of such <br /> notification, begin taking appropriate steps to remedy said failure. Should said failure <br /> not be appropriately remedied within ninety (90) days after such notification County <br /> may withhold special district tax revenues until such time as the Fire Department <br /> meets all minimum legal requirements of Chapter 55A of the General Statutes of <br /> North Carolina and/or until such time as the Fire Department's tax-exempt status is <br /> restored. <br /> 16. In the event the Fire Department dissolves then the Fire Department shall deliver, <br /> release, and convey to the County all of its equipment, cash, or other assets to be <br /> used by the County exclusively for the provision of fire protection services, rescue <br /> services, or Medical Responder services within the District. Any such dissolution <br /> shall comply with applicable laws of North Carolina. If Fire Department ceases to <br /> provide either fire protection services, rescue services, or Medical Responder <br /> services within the District Fire Department shall deliver, release, and convey to <br /> County all of its equipment, cash, or other assets used for those specific services the <br /> Fire Department has ceased to provide, to be used by the County exclusively for the <br /> provision of fire protection services, rescues services, or Medical Responder <br /> services within the District. Should the terms of this paragraph conflict with Fire <br /> Department's Articles of Incorporation the Articles of Incorporation shall control. <br /> 17. The Fire Department agrees to hold harmless and indemnify the County from and <br /> against any and all liability and expenses including attorney fees, court costs and <br /> other costs incurred by the County caused by any act or omission of the Fire <br /> Department, its agents and employees. The Department shall purchase and <br /> maintain, during the term of this Agreement, and any extension hereof, at least the <br /> following insurance coverage: <br /> A. Comprehensive Automobile Liability Insurance with combined single limits <br /> of at least one million dollars ($1,000,000) per occurrence. Coverage shall <br /> be provided under a symbol 1". Coverage shall apply, on an excess basis <br /> for hired, borrowed and non-owned vehicles. Coverage shall apply, on a <br /> primary basis, for commandeered vehicles. Volunteers or employees shall <br /> be considered insureds and volunteers and employees shall have <br /> coverage in excess of their personal auto liability limits when they are <br /> using their vehicles on behalf of the Fire Department. Fellow member <br /> liability shall be provided. Auto pollution liability shall be included in the <br /> coverage. <br /> B. Auto physical damage shall be provided on an agreed value basis. <br /> Coverage shall be included for hire, borrowed or commandeered vehicles <br /> without a limit of liability. Coverage shall be provided to bring replacement <br /> vehicle up to the most current national standards, such as NFPA or DOT. <br /> 5 <br />
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