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HomeMy WebLinkAbout2008-026 EMS - Orange County SpeedwayCL.~ STATE OF NORTH CAROLINA ORANGE COUNTY This Contract dated this ~ rd day o ~ , 2007, between Orange County Speedway Racing, 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 rovision of ade uate emer enc medical care at such events is p q g Y 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 care providers (either directly or through subcontractors) certified at the Emergency Medical Technician and/or Paramedic level for the scheduled spectator events at the Speedway as outlined in the Orange County • Speedway 2007 Schedule. (Attachment A) (collectively the "events" or individually the "event"). The County may, in its sole discretion, immediately cease providing emergency care providers as called for in this Paragraph 1 if Speedway fails to timely compensate the County according to the payment terms contained in Paragraph 5 of this Agreement. Speedway understands that if the County ceases to provide emergency care providers at events for non-payment or untimely payment to the County, then the County Fire Marshal may prohibit Speedway from conducting events. The County agrees to provide two (2) ambulances, one ambulance shall be staffed with one paramedic and one EMT, the second ambulance shall be staffed by two EMTs. 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 Speedway fails to • timely compensate the County according to the payment terms contained in Paragraph 4 of this Agreement. ~~~,. ~~ 3. The hall provide no fewer that two (2) Medical Responder or Emergency Medical Technicians to provide medical coverage to the grandstand areas during all hours when the Speedway is open to the public for the events. 4. 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, 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 HIPPA to the Speedway, upon request of the Speedway and when appropriate. • 5. As stated in the "2007 Proposed Fee" section of Exhibit B that is attached hereto • and incorporated herein by reference, the Speedway shall compensate the County for the full costs incurred by 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 EMTs, 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. 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, P. O. Box 8181, Hillsborough, N.C. 27278. 6. 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 designated 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 employees of the Speedway, and will exclusively provide medical assessment and care as delineated by the Orange County Medical Director and Orange • County. . 7. 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 carved 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. 8. The contract may be reviewed annually no later than January 1, and may be renewed, modified, or amended at that time, or at any other time, upon the mutual written agreement of the parties. 9. This contract may be terminated at any time by either party by giving 30 days notice to the other party in writing. 10. 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 10 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 payment as specified in Paragraph 1 & 2. The right of immediate termination contained in this Paragraph 10 is in addition to the County's ability to immediately cease providing personnel, services and equipment to the Speedway for the • Speedway's failure or inability provide the personnel required in Paragraph 3 of this Agreement. ~~ 11. 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, indirect arising out of or resulting from this Agreement, including but not limited to Speedway's operation of the events and 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. ORANG gy. v By: Moses ATTEST: