6
<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 services,
<br />or Medical Responder services within the District. Any such dissolution shall comply
<br />with applicable laws of North Carolina. If Fire Department ceases to provide either fire
<br />protection services, rescue services, or Medical Responder services within the District
<br />Fire Department shall deliver, release, and convey to County all of its equipment, cash,
<br />or other assets used for those specific services the Fire Department has ceased to
<br />provide, to be used by the County exclusively for the provision of fire protection
<br />services, rescues services, or Medical Responder services within the District. Should
<br />the terms of this paragraph conflict with Fire Department’s Articles of Incorporation the
<br />Articles of Incorporation shall control.
<br />
<br />18. 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 other
<br />costs incurred by the County caused by any act or omission of the Fire Department,
<br />its agents and employees. The Department shall purchase and maintain, during the
<br />term of this Agreement, and any extension hereof, at least the following insurance
<br />coverage:
<br />
<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 coverage
<br />in excess of their personal auto liability limits when they are using their
<br />vehicles on behalf of the Fire Department. Fellow member liability shall be
<br />provided. Auto pollution liability shall be included in the coverage.
<br />
<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 />vehicles up to the most current national standards, such as NFPA or DOT.
<br />
<br />C. Comprehensive General Liability Insurance with limits of at least one million
<br />dollars ($1,000,000) per occurrence and two million dollars ($2,000,000)
<br />aggregate. The aggregate shall apply per named insured and per insured
<br />location. The policy shall include the following coverage: Volunteers or
<br />employees as insureds, Medical Malpractice, Good Samaritan Liability
<br />Coverage, Intentional Acts Coverage for both bodily injury and or property
<br />damage, Fellow Member Liability, Non-owned Watercraft, Fire Damage
<br />Legal Liability with limits of one million dollars ($1,000,000), Pollution
<br />Liability arising out of emergency operations, training activities or equipment
<br />wash downs.
<br />
<br />D. Directors and Officers Liability Insurance with limits of at least one million
<br />dollars ($1,000,000) per occurrence with two million dollars ($2,000,000)
<br />aggregate. This policy shall include coverage for prior acts. The insured
<br />shall include current volunteers and employees, former volunteers and
<br />employees, and any people or organizations providing service to the
<br />Department under a mutual aid or similar agreement. Coverage shall
<br />Docusign Envelope ID: CA1170BA-DF12-46AD-A715-3B43B21EAF28
|