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HomeMy WebLinkAbout2011-110 EMS - Orange County Speedway Management, LLC for Event Coverage# //o STATE OF NORTH CAROLINA ORANGE COUNTY This Contract dated this the day of May 2011, 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 care 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. Scope of Services. a. The County agrees to provide emergency care providers (either directly or through subcontractors) certified at the Emergency Medical Technician ("EMT") and/or Paramedic level for the scheduled spectator events at the Speedway as outlined in the "2011 Orange County Speedway Schedule of Events" which is attached as Exhibit A and incorporated herein by reference (collectively referred to as the "events" or individually the "event"). b. The County agrees to provide one (1) North Carolina Certified ambulance that is franchised to provide ambulance services in Orange County. Additional ambulance coverage may be provided for by the County, for an additional fee, based upon anticipated attendance or risk. c. The ambulance shall be staffed with one paramedic and one EMT. Additional coverage emergency service personnel will be negotiated from time to time based upon anticipated attendance or risk. The County shall provide emergency medical services as provided in Exhibit B, "Speedway EMS Operations 2011," which is attached and incorporated herein by reference. d. Patient Records. The County agrees to keep records of patients seen at the Speedway while covering Speedway events under this Agreement; however, in no event will the County provide patient identifiable information to the Speedway from such records unless it is either permitted by law or the patient has provided written consent to the disclosure. 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. 2. Stoppage of Services. When vehicle operations on the track directly affect patient care, the County for safety and operational needs shall request stoppage of vehicle operations. 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. In addition, the Speedway will stop vehicle operation on the track in the event the ambulance leaves the Speedway to transport a patient until such time as the ambulance returns to the Speedway. 3. Compensation. In accordance with the "Orange County EMS /Orange County Speedway 2011 Fee Schedule, which is attached as Exhibit C and incorporated herein by reference," the Speedway shall compensate the County for emergency medical services and equipment as provided in this Agreement. a. Orange County shall be compensated on a per hour basis as provided in Exhibit B for each EMT, paramedic or ambulance plus be compensated for the actual cost of any additional expense incurred by the County for each event covered. b. The total number of hours worked will include preparation and travel time of one-half (1/2) hour to and from each event for each individual plus the coverage time per event. The arrival and departure time of the emergency medical services personnel and equipment at the events shall be as provided in Exhibit B unless otherwise agreed to in writing by the parties. c. 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. Draft Page 2 d. The County shall provide the Speedway with an invoice for payment after each event. The Speedway shall submit payment to the County at the address specified below no later than 72 hours after receipt of an invoice from the County. All payments shall be made payable to Orange County and mailed to Orange County Revenue Collections, PO Box 8181, Hillsborough, NC 27278. 4. Termination. a. This contract may be terminated at any time by either party by giving 30 days notice to the other party in writing. b. The County may, in its sole discretion, immediately cease providing equipment and emergency care personnel as provided in this Agreement if the Speedway fails to timely compensate the County according to~ the payment terms contained in Paragraph 3. The 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 the Speedway from conducting events. c. 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 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 subparagraphs (b) above. d. In the event of termination, the County shall be paid that portion of the fees and expenses that it has earned to the date of termination. 5. Insurance. 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: $1,000,000 bodily injury each person, $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. b. The minimum insurance rating for any company insuring the Consultant shall be Best's A-. If the Consultant does not meet the insurance Draft Page 3 requirements, it is suggested that the County's Risk Manager be consulted prior to finalizing this Agreement. c. All insurance policies required under this Agreement shall name the County as an additional insured party. Evidence of such insurance shall be furnished to the County, together with evidence that each policy provides that the County shall receive not less than thirty (30) days prior written notice of any cancellation, non-renewal or reduction of coverage. d. Indemnity. 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. It is the intent of this provision to require the Speedway to indemnify the County to the fullest extent permitted under North Carolina law. 6. Amendments to the Agreement. This contract may be renewed, modified, or amended upon the mutual written agreement of the parties. 7. Relationship of the Parties. The personnel providing emergency medical services under this Agreement, who are employed or subcontracted by the County, will operate as employees or agents of the County at all times during the performance of their duties under this Agreement and will exclusively provide medical assessment and care as delineated by the Orange County Medical Director and Orange County. 8. Limitation and Assignment. The County and the Speedway each bind themselves, their successors, assigns and legal representatives to the terms of this Agreement. Neither the County nor the Speedway shall assign or transfer its interest in this Agreement without the written consent of the other. 9. Governing Law. This Agreement and the duties, responsibilities, obligations and rights of respective parties hereunder shall be governed by the laws of the State of North Carolina. 10. Dispute Resolution. Any and all suits or actions to enforce, interpret or seek damages with respect to any provision of, or the performance or non-performance of, this Agreement shall be brought in the General Court of Justice of North Carolina sitting in Orange County, North Carolina and it is agreed by the parties that no other court shall have jurisdiction or venue with respect to such suits or Draft Page 4 actions. The Parties may agree to nonbinding mediation of any dispute prior to the bringing of such suit or action. 11. Extent of Agreement. This Agreement represents the entire and integrated agreement between the County and the Speedway and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both parties. Modifications may be evidenced by facsimile signatures. 12. Severability. If any provision of this Agreement is held as a matter of law to be unenforceable, the remainder of this Agreement shall be valid and binding upon the Parties. 13. Non-Appropriation. The Speedway acknowledges that County is a governmental entity, and the validity of this Agreement is based upon the availability of public funding under the authority of its statutory mandate. In the event that public funds are unavailable and not appropriated for the performance of County's obligations under this Agreement, then this Agreement shall automatically expire without penalty to County immediately upon written notice to Speedway of the unavailability and non-appropriation of public funds. It is expressly agreed that County shall not activate this non-appropriation provision for its convenience or to circumvent the requirements of this Agreement, but only as an emergency fiscal measure during a substantial fiscal crisis. In the event of a change in the County's statutory authority, mandate and/or mandated functions, by state and/or federal legislative or regulatory action, which adversely affects County's authority to continue its obligations under this Agreement, then this Agreement shall automatically terminate without penalty to County upon written notice to Speedway of such limitation or change in County's legal authority. 14. Notice. Any notice required by this Agreement shall be in writing and delivered by certified or registered mail, return receipt requested to the following: Orange County Orange County Speedway Attention: Director Emergency Services Attention: Director of Operations P.O. Box 8181 Post Office Box 107 Hillsborough, NC 27278 Rougemont, NC 27572-8865 IN WITNESS WHEREOF, the parties hereto have duly and validly authorized and executed this contract as of the date first above written. Draft Page 5 FOR ORANGE COUNTY SPEEDWAY MANAGEMENT, LLC amber y A. Fo hee, Director of Operations Date Director of Operations FOR ORANGE COUNTY, NORTH By: Frank Date This instrument has been approved as to technical content. Frank Montes de Oca, Emergency Services Director Thi i stru ent has been approved as to form and legal sufficiency. tte M. oore, Staf Attorney Draft Page 6 Exhibit A 2011 Orange County Speedway Schedule of Events Draft Page 7 2011 OCS Schedule Page 1 of 1 2011 orarq. courty SpNdway scn.eul~ r•~"°~••"r''"'~'er•~»ev+ao'•wwj l l ; ~ i !~ ~ ~ ~ ~ ~ ^ I ' N ~ ~ ~ ` ; g ~ t i~ ~ ~~ ~ ~ ~ ~ a.r.ElMrw+~•~ ~ _ ._R~-11 RiOl1t _ ' ` i f Matdlfi,2ott r..ewrwn,l2-ev~p Ntanra~r«+eo~. s,ap~.~,drw,canaaune,em~Fr„ .. Metdt 16, 2011 wg tub w aw»+.>t.wt, w.m-{ pn ro~• a+.~wa usa!wr~ ~ ~+...]: N.ee+won ape 2,2at1 •.rrnrnu~,tz•epn aawiaM+.rc~,.,#topra~arw.orraan~wa~uwa+-n. ~nrr s, zat t au an uo n >s » ss » 2s ~ N aayoa7,wtt a.~.eaawr~ue~,MORace.n....mw.+wro~ewer«.ae~a.w~.a.we«t _. ._. . 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Equipment• • Medic 15 will be stocked with ALS equipment • Medic 15 will have a tough book computer, and wireless access to the Internet. • A special events report will be initiated prior to the speedway event and the patient tracking section will be available. • Each individual will be equipped with a portable radio programmed with Speedway channels and a functional headset. Headsets shall be worn at all times upon arrival at the speedway. • Each individual must wear Ansi compliant "Orange County Emergency Services" reflective safety vests at all times at the Speedway Times• • Medic 15 will arrive fully operational at the track one-half (1/2) hour prior to the race. This unit will contact communications to start a Special Event CFS for the speedway. This unit will sign in at the back gate. • Medic 15 will be released when the race is completed and the back gate is opened. Care • Serve • Survive Exhibit B Arrival /Staging /Check-in: • Medic 15 shall notify communications when they are enroute to the speedway, when they arrive, when they leave, and when they arrive back at their base station. The infield crew shall sign in at the back gate. The crew will obtain pit-access wristbands from the gate official. Once qualifying is complete, the Medic 15 will move to its assigned staging location behind the wall on the inside of turns one and two. However, race officials have the authority to stage the Medic 15 at a location of their choice. The crew shall find the OSCAR safety crew members, introduce themselves, and coordinate any unusual needs or expectations. • Upon arrival at the track, all EMS personnel will monitor Speedway Ch 1. • Prior to the start of the first race, the race director will conduct a radio check in, EMS units shall acknowledge the check-in as called. Operation: • During the event, at least one member of the infield crew shall remain inside the Medic 15 at its staging location and shall monitor the speedway frequency. • The Medic 15 emergency lights shall be turned on when a caution flag is called. The race director will announce over the radio "put it out, caution," or similar words, and warning lights shall be turned on. When the race director announces "one (lap) to go (before green)", the warning lights on the Medic 15 shall be turned off. If there is a wreck on the track, personnel on the safety truck (OSCAR) will conduct an initial assessment. They or the race director will call for the Medic 15 if they believe it is needed. The Medic 15 shall not enter the race track unless requested by the race director. ES personnel shall not enter or work on the track until all moving race cars and racing activity has been stopped. • Should anybody approach the Medic 15 seeking care, the crew shall provide care and shall update the race director that they are attending to a patient. ("Infield Medic 15 to tower," wait for acknowledgement, then "Infield Medic 15 is busy with awalk-up patient."). Also update the race director once the Care • Serve • Survive Exhibit B patient is clear or if the patient will need to be transported, and be specific about how urgent the need is (i.e. will the race need to be stopped for the Medic 15 to cross the track). • The paramedic may request additional resources via the EMS On-Duty Shift Commander utilizing primary dispatch. Termination of Operations: • The crew shall notify the race director that Medic 15 has cleared the Speedway and will contact communications to "clear" from the event. • Upon arrival at Headquarters, all equipment shall be secured, radios shall be returned to the charger, and the ambulance shall be left in a state of readiness. • The medic shall be responsible for completing a special event report form via WebEOC. The medic shall request a CFS report from communications and will enter all appropriate times. The medic will leave the CFS report in the EMS Shift Commander door pocket. • The EMS Shift Commander shall ensure that all times are correct according to the CFS report and attach the CFS report to the WebEOC event page. • The EMS Shift Commander is responsible for ensuring and radios and headsets are delivered to the logistics staff officer and ensuring that all documentation is accurate for billing purposes. Care • Serve • Survive Exhibit C Orange County Emergency Services/Orange County Speedway Fee Schedule as Approved by Orange County Board of Commissioners in 2007 Paramedic $50.00 per hour Ambulance /EMT /EMT $90.00 per hour Ambulance /Paramedic /EMT $100.00 per hour One Advanced Life Support (staffed with one paramedic and one EMT-B) ambulance will arrive at the speedway approximately thirty minutes before racing begins to allow time for the crew to get in place in the infield. All treatment and transport fees apply if a patient is transported to a hospital for definitive treatment. Draft Page 9