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2019-246 Emergency Svc - Orange Rural Fire Protection and ES agreement
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2019-246 Emergency Svc - Orange Rural Fire Protection and ES agreement
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Last modified
4/26/2019 3:34:12 PM
Creation date
6/18/2019 10:07:17 AM
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Contract
Date
4/22/2019
Contract Starting Date
4/22/2019
Contract Ending Date
4/21/2024
Contract Document Type
Agreement
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CO The fire department agrees that if its financial records are judged to <br /> be un - auditable for purposes of an audit or establishment of a budget <br /> by the county ' s chief financial officer or the independent audit firm , or <br /> if a regular or special audit by a certified public accountant reveals <br /> competent evidence of reckless or willful financial mismanagement <br /> practices or intentional or criminal wrongdoing , the fire department ' s <br /> Board of Directors will be notified by the county. At that time , the <br /> county and Board of Directors may jointly name a trustee who will <br /> assume responsibility for management and financial decision - making <br /> for the fire department until such time as the county and fire <br /> department ' s Board of Directors agree that the fire department ' s <br /> finances have been stabilized to the extent required to satisfy the <br /> financial management provisions of this contract . <br /> 14 . The Fire Department shall comply with the County budgeting procedures , and shall <br /> submit annual budget estimates in accordance with established County budget <br /> timetables . A supporting letter of request for the proposed tax rate shall be signed <br /> by the Fire Department' s president upon approval of its Board of Directors . The <br /> County will provide the Fire Department with standard forms for budget submission <br /> and the Fire Department shall use such standard forms . <br /> 15 . The Fire Department shall comply with the State of North Carolina purchasing <br /> procedures for local governments as identified in Attachment # 1 , as well as other <br /> procedures provided for by state law . <br /> 16 . The Fire Department shall file with the County Fire Marshal a true copy of its Articles <br /> of Incorporation , Bylaws , and shall furnish any changes made thereto not less than <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 the <br /> County may withhold special district tax revenues until such time as the Fire <br /> Department meets all minimum legal requirements of Chapter 55A of the General <br /> Statutes of North Carolina and /or until such time as the Fire Department' s tax - <br /> exempt status is restored . <br /> 17 . In the event the Fire Department dissolves then the Fire Department shall deliver , <br /> release , and convey to the County all its equipment , cash , or other assets to be used <br /> 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 /> 5 <br />
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