2013-431 Emergency Svc - North Chatham Fire Department Fire Protection and Emergency Services Agreement

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5 STATE OF NORTH CAROLINA ORANGE COUNTY FIRE PROTECTION AND EMERGENCY SERVICES AGREEMENT THIS AGREEMENT (this "Agreement), made and entered into this jj day of Ti , 2013 by and between Orange County, hereinafter referred to as the "County" hnd North Chatham Fire Department, hereinafter referred to as the "Fire Department", referred to herein as "Party" and/or collectively as the "Parties". WITNESSETH: 1. County created the Damascus Fire Protection District (the "District") as a special tax district pursuant to Chapter 69 of the North Carolina General Statutes and desires to contract with Fire Department for fire protection and other services as set out herein. 2. Pursuant to §NCGS 69-25.4 the County agrees that it will cause to be assessed or levied a special tax of not more than fifteen cents ($15) per one-hundred dollar ($100) valuation of all real and personal property in the District unless otherwise limited or prohibited by law or a vote of the people, and will collect said tax as a part of the ad valorem taxes of Orange County; provided however, the amount levied annually shall be based on the needs projected in the budget estimate submitted by the Fire Department to the County as approved by the County, and shall be the same rate as levied in Chatham County for the North Chatham Fire Department. 3. That a special or separate fund shall be maintained by the County for funds collected as a result of said special tax. 4. That from said special tax ninety-eight and one-half percent (98.5%) of current and delinquent funds collected on real and personal property excluding motor vehicles and ninety-eight and one-half percent (98.5%) of funds collected on motor vehicles shall be remitted to the Fire Department in quarterly payments by the 15th day of the first month of each quarter for the first three quarters beginning in July and ending on March 31, and the final quarterly payment will be made based on the County Finance Director's estimate of overall tax collections through the fiscal year end not to exceed the appropriation amount. 5. The Fire Department shall provide and furnish adequate fire protection services and shall provide the necessary equipment, personnel, and other resources as determined by the North Carolina Department of Insurance, Fire and Rescue Service Division, and the Insurance Service Office for all persons and property located within the District. Fire Department currently has an insurance rating of 6 in the five (5) mile district, and during the term of this Agreement will maintain at least a 9E insurance rating. Fire Department will furnish services free of charge to all persons and individuals within the District (excluding non-public commercial transportation). 6. That all funds paid to the Fire Department by the County shall be used by the Fire Department to provide fire protection services within the District (See Exhibit 1), and the Fire Department may also use said funds to provide Medical Responder and rescue services within the District, and to pay other legitimate fire, rescue, and 1