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HomeMy WebLinkAboutAgenda - 04-07-2009 - 4fORANGE COUNTY BOARD aF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: Apr[[ 7, Zoo9 Action Agenda Item No. ~ ~. SUBJECT: Oran e Count Speedwa X409 EMS Covers e Contract DEPARTMENT: Emer enc Services PUBLIC HEARING: ~Y~N~ loo g Y ATTACH 11111ENT~S~~ ~ INFORMATION CoNTACTw X049 Signed Contract Kim vlloodward, X45-6100 PURPOSE: To ensure public safety at public events at the orange County Speedway by contracting with the Speedway Management for the provision of Emergency Medics[ coverage at events. BACKGROUND: Staff has been working with Management of the orange County Speedway to develop a plan for Emergency Medical coverage at the Speedway which meets both the County's public safety requirements and the Speedway's economic interests. The attached contract has been reviewed, approved, and signed by the Speedway management. The X008 race season was successfully covered . by Emergency Medical Services. The County received prompt payment from the Speedway Management for every covered race totaling $ x,653 in collected cost recovery. There are approximately ~ 4 events scheduled this season that require coverage. As stated in the Contract the County agrees to provide emergency care providers neither directly or through subcontractors} certified at the Emergency Medical Technician andlor Paramedic [eve[ for these scheduled events. The coverage will consist of two ambulances done with two EMT's to cover the grandstand and one with one EMT and one Paramedic to cover the infield}. Additional coverage will be negotiated at the time of need, based upon anticipated attendance or anticipated risk.. The Emergency Medical Services coverage at the Speedway is provided as additional resources outside o standard daily operations. The Speedway will submit payment has outlined in the attached Exhibit B lee Schedule} to the County no later than l2 hours after receipt of an invoice from the County. FINANCIAL IMPACT: The fee schedule reflects full cost recovery at the average position salary and should offset the personnel- and vehicle use costs. Speedway coverage has an 2 impacfi on fihe adminisfirafiive workload for bofih fihe Emergency Services and Revenue Deparfimenfis. ~ECO~MENDATloN4S~: The Manager recommends fihe Board approve fihe canfiracfi and aufihorize fihe Chair fio sign fihe confiracfi. 3 STATE (]:F N[~~.TF~ ~A.~.[~LINA ~~~~ ~~~UNTY ` ~~~° da of 2Q~9 between T.~s Contract dated this ~ y , orange County Speedway ~anagernent, f,~~, the "Speedway"} and the County of grange the "County"~ far joint and cooperative ar~•angenaents for the provision of emergency medical services at certain Speedway events. w~T'~SS~T.H '~~R~AS, the county and the Speedway propose to work jointly on smatters of concern or interest; and ~]f~RkEAS, certain events at the Speedway bang spectators to Orange County to enjoy the events; and w~~EAS, the provision ofade~uate emergency medical care at such events is a matter of mutual concern and interest to the Speedway and the County; anal ~~A.S, detailed joint and cooperative arrange~.ents with respect tv such events wi11 mutually bene.~t the Speedway and ~e County; and w~]C~AS, the County anal. the Speedway desire to provide such cooperative emergency medica.i care; Nt~w T'Ii~I~:EE~~R~, in consideration of the premises and the mutual covenants and conditions set forth below, the County and the Speedway agree as follows: 1, The County agrees to provide emergency. care providers neither directly or the*ough subeantractors} certif"~ed at the F~me~~gen.ey Medical T`ec~cfan andlor Paramedic level for the scheduled spectator events at the Speedway as outlined in the grange County Speedway ~~~9 Schedule ~Attach~m.ent A~ ~caliectively the "events" ar ~.dividually the "event"~. The County nay, in its sale discretion, immediately cease providing emergency care providers as caned far in this Paragraph l if the Speedway fails to timely compensate the County according to the payment terms contained in Pa~Ragraph ~ of tk~is ,Ag~.~eement. The Speedway understands that if the County ceases to provide emergency care providers at events for non-payn~.ent ar Untimely payment to ~e 4 County, then the County Fire Marshal may prohibit the Speedway from conducting even l7 r 2. The County agrees to provide two (2) ambulances; one ambulance (for the infield) shall be staffed with one paramedic and one B~~'. The second an~bula~.ce afar the grandsG~nd} shah be staffed with two BNI.T's. Additional coverage will be negotiated at the true of need, based upon anticipated attendance or anticipated risk, The County may, in its sole discretion, inun.ediately cease providing equipment and personnel as called far in this Paragraph ~ if the Speedway fails to timely compensate the County according to the payment terms contained in Paragraph 4 of this Agreement. 3. The County agrees to keep records of patients seen at the Speedway while covering Speedway events under this contract and, with the cause~nt off' the patient, and if permitted by state and federal taw, to provide such records to the Speedway, upon its request. Data available to the County from the records of patients seen at the Speed ray, which is clearly not patient identifying, quay be provided to the extent authorized by state and federal law to the Speedway, upon request of the Speedway and when appropriate. 4. As stated in the "~4D9 Proposed Fee" section of Bxhibit B that is attached hereto and incorporated herein by reference, the Speedway shall canapensate the County for the provision. of emergency medical services and equipment provided pursuant to this contract, including paying to the Ctiunty a sum based an a rate of $1a0.Qo per hour per ambulance with ane ~-~T and ane paramedic with equipment, $9U.o4 per hour per ambulance with two ENIT's, and $4o.oa per hour per each additional AMT plus the actual. cost of any additional expense incurred by the County far each event covered, These hours will include preparation and travel time ofane-half ~i12~ hour for each event far each individual plus the coverage time per event, The arrival and departure of the emergency medical services personnel and equipment at the events shall be as stated in the final paragraph af.Bxlai.bit B unless otherwise agreed to in writing by the pasties, The Speedway shall submit payunent to the County in the manner speci.~ed below far each event no later than '~~ hours after receipt of an invoice ~.~on~ the County. All payments shall be made to the order of the County and mailed to Orange County Revanue Collections, P~ Box 8 i 8 1, Hillsborough, ~C ~7~'~8. s 5: Cvu;nty personnel providing the emergency medical services sham report to the Speedway at the tinge agt~eed upon by the Speedway and the County. Such personnel shah "sign~~." upon arriving at the Speedway a~ad "sign-out" upon leaving the Speedway on a form designed for such purpose. The personnel providing emergency medical services under this contract, who are otherwise employed by the County, will operate as employees of the County at ail tunes during the performance of them duties under this agreement, not as employees of the Speedway, and will exclusively pravide medical assessment and care as delineated by the Orange County Medical Director and Grange County. The Speedway agrees to stop vehicle operations on the track at any time if ~•equested by the Grange County Paramedic ~. attendance at an event, the Fire Marshall or the :emergency Services Director. The County agrees that this request will be reserved for safety and operational needs directly affecting patient care. ~. The Speedway shall purchase and maintain frarn an insurance company acceptable to the County, insurance with the following limits of liability: a. Cam. rehensive General Liabili Insurance ~-Comprehensive Creneral Liability Insurance shall be carried in the following amounts: One Million I]allars ~$l,~Q~,U~o~ bodily injury each person, One Million Dollars ~l,ao~,~~4~ property damage. The County shall be an additional named insured an the General Liability insurance Policy secured by the Speedway, and the Speedway shall pravide appropriate documentation of this status to the County. 7. This contract maybe renewed, m.odif~ed, or amended upon the n~utuai written agreement of the parties. ~. This contract may be terminated at any time by either pay by wing 30 days notice to the other party in writing. ~. If either party defaults in its obligations including remitting timely payments, and does not cure such default within ten ~lo~ days ofreceipt of notice of such default, the non,-defaulting party m.ay inunediately terminate the contract, The right of immediate termination contained in this Paragraph 9 xs in addition to the Cor~nty's ability to immediately cease providing personnel, services and equipment to the Speedway far any nonMpaym.ent ar late payments specified in. Paragraphs 1 ~ ~. 1 ~. ~'o the fullest extent permuted by laws and reguiatians, the Speedway shall defend, inde.~nify and hail harmless mange County and its officials, agents, and employees from. and against ail claims, damages, lasses, and expenses, direct and indirect arising aut of or resulting from this .Agreement, including but not limited to the Speedway's operation of the events and the Speedway's main#enance.of the raceway facility, ar ~.e actions of the Speedway or its officials, employees, vaiunteers and contractors. This inden~ni~.cation shall survive the tern~~ination of this ,Agreement. IN~ wITN1~S~ ~~R~~3~', the parries hereto have duly and validly authorized and executed this cnn~'act as of the date first above written. Ol~ANG~ DUN~'Y SPEBiawA~ ANAO~Ni~Nf', LLC By; ~~ rnber FQUSh , T~irector of Operations ORANO~ COUN'T', ~ORTIi CAROLINA BTyN ~~ffYY ~ ~Talerie ~. Foushee, Chair, Board of County Ca~amissianers A`I~'~ST; __ -- County Clerk 7 0 97~D NC NwY .57, Rou~~MONr, ~~ ~ s:~~~~~~t~ ~~, ~ _~. ~~~~ ~'DWI''I~1''~~I~II~~~T~-A~~~~~~111 . . €sub~ect to rev~sions~ Racing Genera! Admission. Ad~ilts ~ ~ 0, Students ~8, 1 g & ~ri~der Flee, VIP ~~ ~ ,~~. , ..q~~ power Seating $25. 1Va~e: ~~?eci~l Evcr~~ ~~t~i~~~ wi~1 !ae pos~ec! soa~7. UCS Race ~ ' 'r Events Start at Tptrt. Check tl~e website for additional information. _ .. ..____.....w.......~....__.___ ~_.___......._...~..w.._. _.__.___ ~___..__.~._.~..~~._~.._.~__.__._.._.__.___.. _......_.._...___.__~.....~..~....___..._._._.~~.. a , a ~ Date EVENT January 31, ~gg9 Triangle Velo Bicycle Evenf, confacf sfeinkre a~yahoa.cvm February 7, 20Q9 Trl"angle Velo Br"cycle Fvenf, confacf sfelnkre n~yahoo.com TEST & TUNE ~~~ ,~"~uur~ca. '~~"+~. 336.72G•b~77 drguv~ll~arretpalh.nr! 4 ~~~~~~ a~c,ly~ ~~r~ February 21, 2~U9 , pm _ _-~--, _ March6-~,2aag F~~st ~~te ~lodi~ied ~l~in~er ~et[o~a~s ~ ..--, ,~ ". March 14-15, 209 March ~B, 2D09 April 18, 2Ug9 April ~5, 20D9 May 1 & 2, 2089 May 9, 2gU9 May 30, ~oaa June ~, 2U09 June z7, ~ooa •,r~;~~.,. July ~, ~oa~ ~,~'~5` :~.~..;j~5 ' July 11, 2DD9 i July 18, 209 ~ Rally Cr©ss, cvnfacf rallycrass a~fhscc.com ° ~:~ ~ ~ ~.;~°,,~~~~ TEST & TUNE, pm LM1gD, LSC50, GS35, Ps2o, sGP~S PASS 15Q LAP Ev~NT featt~ri~7g AL50; TRUCKS, ~l~~s otl~ers ORANGE G4UNT1( RELAY FC?R LIFE Event LMT75, LSCSa, GS35, PS~O, SGP~S Rally Cross, canfacf ra!lycrnss a~fhscc.com Q~ ~°~~ ~~~Qa~!~ U~~A Ever~~ TAD RACMNC I~~AR I_M1Da, I_sc5o, GsTZa, PS2a, A~.75 ~., ^ LM10U, IwSC75, GS35, PSg, SGP~S ~ ~ ~ "~ ~.SA S~UT~ERN ~RS~~.~LT ~odi~ied Event LMT75, I.5C5g, GS35, PS~g, SGP25 August 8, ~OQ9 PAS5 ~ 50 LAP ~VNT feat~iring ALSO, LSCSD August~9, 2ga9 LM1gg, LSCSg, GSSa, PS~g, SGP25 Pro-~l ,5~~rrsSs September 19, 200D october ~ q, ~~oa LM100, LSCSD, GS35, PS20, 5GP~5 LM ~ oo, LSC~a, Gs3~, PSZa, ALSq f! k w.r f ~ ~.} ~,,~'~ ~. ;',`'~ ~ ~" ~~ ~~ ~ ~ ~ ~rA„ ;'""mo"t "'t ~p . ~ Mv~varsports ~ ~ SaC-69~.-RACE October 24, 2gg9 LM1Qa, LSCSD, G535, P520, SGPS ihplas~frrnal Rucfnr~ CgWprrrer~f Qctaber 25, 2a09 Rally Cross, canfacf rallycross[?a fhscc.com ~ ~' , ~ ~ ~r :~ . L~~-~~r ~~~~a ~~~J~~~ ~ly~~: M f a tt ~. r-•n a. ~ 6_.P~':~"?~:~ >e1,~1iE„~ ~?.~',~:~"~I~:~ c~N~ sl~:r;E~;~h:'E'•I r~ P YHA. 1 , ~i~ECAC~' ~~``~~ ~ r~nc~s~r~r~s ~~~~ r°~d~':r rr ~ ~ .} N~~.~6 t F1E~+58,,EBUA~'p ~ra~X ~~c-rv~ r~~N~~r . ".' . • . • . " V ' r' . ~ ' . Y . W d 4 • •' .' h " d N oCS Divisions: L~-Late Model, LSC -Limited, G5W Grand Slack, PS- Pure Stock, SGP - 5vuthem Ground Pounders 8 Exhibit B February 16, 2009 Orange County EMS /Orange County Speedway 2009 Fee Schedule as Approved by Commissioners in 2007 Paramedic $50 / hr Ambulance /EMT /EMT $90 / hr Ambulance /Paramedic /EMT $100 / hr For 200, one Paramedic I EMT ambulance will arrive at the speedway approximately thirty minutes before racing begins to allow time for the crew to get in place in the inf eld. A second EIV~T 1 EMT ambulance will arrive at the time when racing starts. f both ambulances are available, the second ambulance will be allowed to leave the track to begin traveling back to the Emergency Medical Services building approximately thirty minutes prior to the end of racing. Should an incident occur that requires ambulance transport of a patient during this travel time, the second ambulance will be summoned back to the track to ensure appropriate medical coverage. y- ~=~do~ ~f STATE OF NORTH CAROLINA ORANGE COUNTY This Contract dated this ~D~' day of~ 2009, between Orange County Speedway Management, LLC, (the "Speedway") and the County of Orange (the "County") for joint and cooperative arrangements for the provision of emergency medical services at certain Speedway events. WITNESSETH WHEREAS, the County and the Speedway propose to work jointly on matters of concern or interest; and WHEREAS, certain events at the Speedway bring spectators to Orange County to enjoy the events; and WHEREAS, the provision of adequate emergency medical caze at such events is a matter of mutual concern and interest to the Speedway and the County; and WHEREAS, detailed joint and cooperative arrangements with respect to such events will mutually benefit the Speedway and the County; and WHEREAS, the County and the Speedway desire to provide such cooperative emergency medical care; NOW THEREFORE, in consideration of the premises and the mutual covenants and conditions set forth below, the County and the Speedway agree as follows: 1. The County agrees to provide emergency caze providers (either directly or through subcontractors) certified at the Emergency Medical Technician and/or Pazamedic level for the scheduled spectator events at the Speedway as outlined in the Orange County Speedway 2009 Schedule (Attachment A) (collectively the "events" or individually the "event"). The County may, in its sole discretion, immediately cease providing emergency Gaze providers as called for in this Paragraph 1 if the Speedway fails to timely compensate the County according to the payment terms contained in Paragraph 4 of this Agreement. The Speedway understands that if the County ceases to provide emergency caze providers at events for non-payment or untimely payment to the County, then the County Fire Marshal may prohibit the Speedway from conducting events. 2. The County agrees to provide two (2) ambulances; one ambulance (for the infield) shall be staffed with one paramedic and one EMT. The second ambulance (for the grandstand) shall be staffed with two EMT's. Additional coverage will be negotiated at the time of need, based upon anticipated attendance or anticipated risk. The County may, in its sole discretion, immediately cease providing equipment and personnel as called for in this Paragraph 2 if the Speedway fails to timely compensate the County according to the payment terms contained in Paragraph 4 of this Agreement. 3. The County agrees to keep records of patients seen at the Speedway while covering Speedway events under this contract and, with the consent of the patient, and if permitted by state and federal law, to provide such records to the Speedway, upon its request. Data available to the County from the records of patients seen at the Speedway, which is clearly, not patient identifying, may be provided to the extent authorized by state and federal law to the Speedway, upon request of the Speedway and when appropriate. 4. As stated in the "2009 Proposed Fee" section of Exhibit B that is attached hereto and incorporated herein by reference, the Speedway shall compensate the County for the provision of emergency medical services and equipment provided pursuant to this contract, including paying to the County a sum based on a rate of $100.00 per hour per ambulance with one EMT and one paramedic with equipment, $90.00 per hour per ambulance with two EMT's, and $40.00 per hour per each additional EMT plus the actual cost of any additional expense incurred by the County for each event covered. These hours will include preparation and travel time of one-half (1/2) hour for each event for each individual plus the coverage time per event. The arrival and departure of the emergency medical services personnel and equipment at the events shall be as stated in the final paragraph of Exhibit B unless otherwise agreed to in writing by the parties. The Speedway shall submit payment to the County in the manner specified below for each event no later than 72 hours after receipt of an invoice from the County. All payments shall be made to the order of the County and mailed to Orange County Revenue Collections, PO Box 8181, Hillsborough, NC 27278. 5. County personnel providing the emergency medical services shall report to the Speedway at the time agreed upon by the Speedway and the County. Such personnel shall "sign-in" upon arriving at the Speedway and "sign-out" upon leaving the Speedway on a form designed for such purpose. The personnel providing emergency medical services under this contract, who are otherwise employed by the County, will operate as employees of the County at all times during the performance of their duties under this Agreement, not as employees of the Speedway, and will exclusively provide medical assessment and care as delineated by the Orange County Medical Director and Orange County. The Speedway agrees to stop vehicle operations on the track at any time if requested by the Orange County Paramedic in attendance at an event, the Fire Marshall or the Emergency Services Director. The County agrees that this request will be reserved for safety and operational needs directly affecting patient care. 6. The Speedway shall purchase and maintain from an insurance company acceptable to the County, insurance with the following limits of liability: a. Comprehensive General Liability Insurance -Comprehensive General Liability Insurance shall be carried in the following amounts: One Million Dollars ($1,000,000) bodily injury each person, One Million Dollars (1,000,000) property damage. The County shall be an additional named insured on the General Liability Insurance Policy secured by the Speedway, and the Speedway shall provide appropriate documentation of this status to the County. 7. This contract may be renewed, modified, or amended upon the mutual written agreement of the parties. 8. This contract may be terminated at any time by either parry by giving 30 days notice to the other party in writing. 9. If either party defaults in its obligations including remitting timely payments, and does not cure such default within ten (10) days of receipt of notice of such default, the non-defaulting party may immediately terminate the contract. The right of immediate termination contained in this Paragraph 9 is in addition to the County's ability to immediately cease providing personnel, services and equipment to the Speedway for any non-payment or late payments specified in Paragraphs 1 & 2. 10. To the fullest extent permitted by laws and regulations, the Speedway shall defend, indemnify and hold harmless Orange County and its officials, agents, and employees from and against all claims, damages, losses, and expenses, direct and indirect arising out of or resulting from this Agreement, including but not limited to the Speedway's operation of the events and the Speedway's maintenance of the raceway facility, or the actions of the Speedway or its officials, employees, volunteers and contractors. This indemnification shall survive the termination of this Agreement. IN WITNESS WHEREOF, the parties hereto have duly and validly authorized and executed this contract as of the date first above written. ORANGE COUNTY SPEEDWA MANAGEMENT, LLC By: . E b ly Fo hee, Director of Operations GRAN CONY, R C OLINA Y Val rie P. Foushee, C d o County Commissioners ATTEST: Coun erk 8740 NC HwY 57, IVC ~ [~ 3~.3~364-f722 ~ron~' ,~~~ s~~~ ~~ W., tf ~~~ ~ (subject to revisions) January 31, 2009 Triangle Velo Bicycle Event contact steinkre rLD,yahoo.com Racing General Admission: Adults $10, Students $8, 10 ~ under Free, VIP Tower Seating $25. Note: Special Event prices will be posted soon. OCS Race Events Start at 7pm. Check the website for additional information. Date EVENT February 7, 2009 Triangle Velo Bicycle Event, contact steinkre@yahoo.com February 21, 2009 TEST 8c TUNE, 1 pm S.u~ur March 6-7, zoos Frost Bite Modified Winter Nationals ua-~a-~>> March 14-15, 2009 Rally Cross, contact rallycross~thscc.com depwmaulpdhnN March 28, 2009 TEST & TUNE, 1 pm ~(OL~C April 18, 2009 April 25, 2009 May 1 & 2, 2009 May 9, 2009 May 30, 2009 June 8, 2009 June 27, 2009 LM100, LSC50, GS35, PS20, SGP25 PASS 150 LAP EVENT featuring AL50, TRUCKS, plus others ORANGE COUNTY RELAY FOR LIFE Event LMT75, LSC50, GS35, PS20, SGP25 Rally Cross, contact rallycross@thscc.com UARA Event TBD ~ July 4, 2009 July 11, 2009 July 18, 2009 LM100, LSC50, GST20, PS20, AL75 LM100, LSC75, GS35, PS20, SGP25 ASA SOUTHERN ASPHALT Modified Event ~ LMT75, LSC50, GS35, PS20, SGP25 August 8, 2009 PASS 150 LAP EVENT featuring AL50, LSC50 August 29, 2009 LM100, LSC50, GS50, PS20, SGP25 ~~ September 19, 2009 LM100, LSC50, GS35, PS20, SGP25 - ~~ MIKE'S ~ ~ October 10, 2009 LM100, LSC50, GS35, PS20, AL50 orsporls ~t ot 800-691-RAGS October 24, 2009 LM100, LSC50, GS35, PS20, SGP25 na..ronor,aa~q[q October 25, 2009 Rally Cross, contact rallycross@thscc.com ?7/6 ~~ RACE SER,YwC11 • '~ _• ~ ~ r , , , ~ ,- tJt~iT~i} A{tit} iii4~I~t:l T~O'ri OCS Divisions: LM- Late Model, LSC -Limited, GS- Grand Stock, PS- Pure Stock, SGP - Southern Ground Pounders Ezhibit B Orange County EMS /Orange County Speedway 2009 Fee Schedule as Approved by Commissioners in 2007 Paramedic $50 / hr Ambulance /EMT /EMT $90 / hr Ambulance /Paramedic /EMT $100 / hr March 5, 2009 For 2009, one Paramedic /EMT ambulance will arrive at the speedway about thirty minutes before racing begins to allow time for the crew to get in place in the infield. A second EMT /EMT ambulance will arrive at the time when racing starts. If both ambulances are available, the second ambulance will be allowed to leave the track to begin traveling back to the Emergency Medical Services building about thirty minutes prior to the end of racing. Should an incident occur that requires ambulance transport of a patient during this travel time, the second ambulance will be summoned back to the track to ensure appropriate medical coverage. y- ~=~do~ ~f STATE OF NORTH CAROLINA ORANGE COUNTY This Contract dated this ~D~' day of~ 2009, between Orange County Speedway Management, LLC, (the "Speedway") and the County of Orange (the "County") for joint and cooperative arrangements for the provision of emergency medical services at certain Speedway events. WITNESSETH WHEREAS, the County and the Speedway propose to work jointly on matters of concern or interest; and WHEREAS, certain events at the Speedway bring spectators to Orange County to enjoy the events; and WHEREAS, the provision of adequate emergency medical caze at such events is a matter of mutual concern and interest to the Speedway and the County; and WHEREAS, detailed joint and cooperative arrangements with respect to such events will mutually benefit the Speedway and the County; and WHEREAS, the County and the Speedway desire to provide such cooperative emergency medical care; NOW THEREFORE, in consideration of the premises and the mutual covenants and conditions set forth below, the County and the Speedway agree as follows: 1. The County agrees to provide emergency caze providers (either directly or through subcontractors) certified at the Emergency Medical Technician and/or Pazamedic level for the scheduled spectator events at the Speedway as outlined in the Orange County Speedway 2009 Schedule (Attachment A) (collectively the "events" or individually the "event"). The County may, in its sole discretion, immediately cease providing emergency Gaze providers as called for in this Paragraph 1 if the Speedway fails to timely compensate the County according to the payment terms contained in Paragraph 4 of this Agreement. The Speedway understands that if the County ceases to provide emergency caze providers at events for non-payment or untimely payment to the County, then the County Fire Marshal may prohibit the Speedway from conducting events. 2. The County agrees to provide two (2) ambulances; one ambulance (for the infield) shall be staffed with one paramedic and one EMT. The second ambulance (for the grandstand) shall be staffed with two EMT's. Additional coverage will be negotiated at the time of need, based upon anticipated attendance or anticipated risk. The County may, in its sole discretion, immediately cease providing equipment and personnel as called for in this Paragraph 2 if the Speedway fails to timely compensate the County according to the payment terms contained in Paragraph 4 of this Agreement. 3. The County agrees to keep records of patients seen at the Speedway while covering Speedway events under this contract and, with the consent of the patient, and if permitted by state and federal law, to provide such records to the Speedway, upon its request. Data available to the County from the records of patients seen at the Speedway, which is clearly, not patient identifying, may be provided to the extent authorized by state and federal law to the Speedway, upon request of the Speedway and when appropriate. 4. As stated in the "2009 Proposed Fee" section of Exhibit B that is attached hereto and incorporated herein by reference, the Speedway shall compensate the County for the provision of emergency medical services and equipment provided pursuant to this contract, including paying to the County a sum based on a rate of $100.00 per hour per ambulance with one EMT and one paramedic with equipment, $90.00 per hour per ambulance with two EMT's, and $40.00 per hour per each additional EMT plus the actual cost of any additional expense incurred by the County for each event covered. These hours will include preparation and travel time of one-half (1/2) hour for each event for each individual plus the coverage time per event. The arrival and departure of the emergency medical services personnel and equipment at the events shall be as stated in the final paragraph of Exhibit B unless otherwise agreed to in writing by the parties. The Speedway shall submit payment to the County in the manner specified below for each event no later than 72 hours after receipt of an invoice from the County. All payments shall be made to the order of the County and mailed to Orange County Revenue Collections, PO Box 8181, Hillsborough, NC 27278. 5. County personnel providing the emergency medical services shall report to the Speedway at the time agreed upon by the Speedway and the County. Such personnel shall "sign-in" upon arriving at the Speedway and "sign-out" upon leaving the Speedway on a form designed for such purpose. The personnel providing emergency medical services under this contract, who are otherwise employed by the County, will operate as employees of the County at all times during the performance of their duties under this Agreement, not as employees of the Speedway, and will exclusively provide medical assessment and care as delineated by the Orange County Medical Director and Orange County. The Speedway agrees to stop vehicle operations on the track at any time if requested by the Orange County Paramedic in attendance at an event, the Fire Marshall or the Emergency Services Director. The County agrees that this request will be reserved for safety and operational needs directly affecting patient care. 6. The Speedway shall purchase and maintain from an insurance company acceptable to the County, insurance with the following limits of liability: a. Comprehensive General Liability Insurance -Comprehensive General Liability Insurance shall be carried in the following amounts: One Million Dollars ($1,000,000) bodily injury each person, One Million Dollars (1,000,000) property damage. The County shall be an additional named insured on the General Liability Insurance Policy secured by the Speedway, and the Speedway shall provide appropriate documentation of this status to the County. 7. This contract may be renewed, modified, or amended upon the mutual written agreement of the parties. 8. This contract may be terminated at any time by either parry by giving 30 days notice to the other party in writing. 9. If either party defaults in its obligations including remitting timely payments, and does not cure such default within ten (10) days of receipt of notice of such default, the non-defaulting party may immediately terminate the contract. The right of immediate termination contained in this Paragraph 9 is in addition to the County's ability to immediately cease providing personnel, services and equipment to the Speedway for any non-payment or late payments specified in Paragraphs 1 & 2. 10. To the fullest extent permitted by laws and regulations, the Speedway shall defend, indemnify and hold harmless Orange County and its officials, agents, and employees from and against all claims, damages, losses, and expenses, direct and indirect arising out of or resulting from this Agreement, including but not limited to the Speedway's operation of the events and the Speedway's maintenance of the raceway facility, or the actions of the Speedway or its officials, employees, volunteers and contractors. This indemnification shall survive the termination of this Agreement. IN WITNESS WHEREOF, the parties hereto have duly and validly authorized and executed this contract as of the date first above written. ORANGE COUNTY SPEEDWA MANAGEMENT, LLC By: . E b ly Fo hee, Director of Operations GRAN CONY, R C OLINA Y Val rie P. Foushee, C d o County Commissioners ATTEST: Coun erk 8740 NC HwY 57, IVC ~ [~ 3~.3~364-f722 ~ron~' ,~~~ s~~~ ~~ W., tf ~~~ ~ (subject to revisions) January 31, 2009 Triangle Velo Bicycle Event contact steinkre rLD,yahoo.com Racing General Admission: Adults $10, Students $8, 10 ~ under Free, VIP Tower Seating $25. Note: Special Event prices will be posted soon. OCS Race Events Start at 7pm. Check the website for additional information. Date EVENT February 7, 2009 Triangle Velo Bicycle Event, contact steinkre@yahoo.com February 21, 2009 TEST 8c TUNE, 1 pm S.u~ur March 6-7, zoos Frost Bite Modified Winter Nationals ua-~a-~>> March 14-15, 2009 Rally Cross, contact rallycross~thscc.com depwmaulpdhnN March 28, 2009 TEST & TUNE, 1 pm ~(OL~C April 18, 2009 April 25, 2009 May 1 & 2, 2009 May 9, 2009 May 30, 2009 June 8, 2009 June 27, 2009 LM100, LSC50, GS35, PS20, SGP25 PASS 150 LAP EVENT featuring AL50, TRUCKS, plus others ORANGE COUNTY RELAY FOR LIFE Event LMT75, LSC50, GS35, PS20, SGP25 Rally Cross, contact rallycross@thscc.com UARA Event TBD ~ July 4, 2009 July 11, 2009 July 18, 2009 LM100, LSC50, GST20, PS20, AL75 LM100, LSC75, GS35, PS20, SGP25 ASA SOUTHERN ASPHALT Modified Event ~ LMT75, LSC50, GS35, PS20, SGP25 August 8, 2009 PASS 150 LAP EVENT featuring AL50, LSC50 August 29, 2009 LM100, LSC50, GS50, PS20, SGP25 ~~ September 19, 2009 LM100, LSC50, GS35, PS20, SGP25 - ~~ MIKE'S ~ ~ October 10, 2009 LM100, LSC50, GS35, PS20, AL50 orsporls ~t ot 800-691-RAGS October 24, 2009 LM100, LSC50, GS35, PS20, SGP25 na..ronor,aa~q[q October 25, 2009 Rally Cross, contact rallycross@thscc.com ?7/6 ~~ RACE SER,YwC11 • '~ _• ~ ~ r , , , ~ ,- tJt~iT~i} A{tit} iii4~I~t:l T~O'ri OCS Divisions: LM- Late Model, LSC -Limited, GS- Grand Stock, PS- Pure Stock, SGP - Southern Ground Pounders Ezhibit B Orange County EMS /Orange County Speedway 2009 Fee Schedule as Approved by Commissioners in 2007 Paramedic $50 / hr Ambulance /EMT /EMT $90 / hr Ambulance /Paramedic /EMT $100 / hr March 5, 2009 For 2009, one Paramedic /EMT ambulance will arrive at the speedway about thirty minutes before racing begins to allow time for the crew to get in place in the infield. A second EMT /EMT ambulance will arrive at the time when racing starts. If both ambulances are available, the second ambulance will be allowed to leave the track to begin traveling back to the Emergency Medical Services building about thirty minutes prior to the end of racing. Should an incident occur that requires ambulance transport of a patient during this travel time, the second ambulance will be summoned back to the track to ensure appropriate medical coverage.