Orange County NC Website
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 /> A. To the extent authorized by North Carolina law and subject to Article V <br /> Section 4 of the North Carolina Constitution, County agrees to hold <br /> harmless and indemnify Fire Department from and against liability and <br /> expenses, including reasonable attorneys' fees, court costs, and other <br /> reasonable costs incurred by Fire Department, only where such liability and <br /> expenses are directly attributable to acts or failures to act by the County in <br /> County's performance of individual County responsibilities pursuant to the <br /> terms of this Agreement. This indemnification provision shall not extend to 1 <br /> or create any third party beneficiaries. This indemnification provision shall <br /> not impair County's rights under the doctrine of sovereign immunity. <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 /> C. Comprehensive General Liability Insurance with limits of at least one <br /> million dollars ($1,000,000) per occurrence and two million dollars <br /> 5 <br />