HomeMy WebLinkAboutAgenda - 09-20-2011 - 5jORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABST-RACY
Meeting Date: September 20, 2011
Action Agenda
Item No. 5- j
SUBJECT: Emergency Services Station on UNC Campus
DEPARTMENT: Emergency Services PUBLIC HEARING: (Y/N) No
ATTACHMENT(S):
UNC Substation Agreement
Letter from-UNC Vice Chancellor
for Student Affairs
INFORMATION CONTACT:
Frank Montes de Oca, Emergency
Services Director, 245-6100
Annette Moore, Staff Attorney
245-2317
PURPOSE: To approve the location of an Emergency Services emergency medical services
(EMS) station on UNC Campus to provide enhanced service delivery to the UNC Campus and
Chapel Hill area.
BACKGROUND: Since 2005 Emergency Services has served 400 square miles from two
locations -Carrboro and Hillsborough. This contributes to poor response times, extra travel,
wear and tear on vehicles and personnel fatigue. Limited station locations also contribute to
extended scene times for fire suppression units and crews. Stations are cramped and are not
conducive to a comfortable or efficient working environment. Further, the Carrboro station does
not provide sufficient parking or storage space. Crews practiced changing out units at the
department's former base (1914 New Hope Church Road) because of limited or no parking
space, causing further service delivery delays, additional mileage costs and equipment wear.
Emergency Services has provided several reports to the Board and to the County Manager on
moving units into more strategic positions throughout the County to improve response times.
Emergency Services has been researching low cost ways to use either County facilities or other
already established facilities to house emergency response units.
In 2009, in an agreement with the inactive Efland Volunteer Rescue Squad and the Efland
Volunteer Fire Department, Emergency Services (ES) relocated a unit to Efland to improve
response time in the northwestern portion of the County and provide backup to the Hillsborough
area. In 2010, a unit was relocated to the former Animal Services Building on Revere Road to
cover Hillsborough and the surrounding area.
In 2009 Emergency Services and UNC began discussing situations involving inebriated
students that have led to a more general discussion about EMS services on campus. UNC
indicated to Emergency Services that it was willing to provide a substation with parking for an
ambulance on campus in married student housing.
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This site on campus would serve students, visitors and staff on campus and greatly enhance
service to south, central and western Chapel Hill. The attached Agreement for a UiVC
substation would allow Emergency Services to continue to decentralize EMS units to -better
serve the entire community.
One of the two units currently stationed at the South Orange Rescue Squad's building in
Carrboro would be relocated- to the campus facility. The units located at the current site are
able to serve Carrboro, but do not provide optimal response capabilities to .the west or -south
side of Chapel Hill.
Emergency Services has been working with the County Attorney's Office, UNC's Vice
Ohancellor of the Division of Student Affairs, and UNC Public Safety on the Agreement. The
department continues to look for more opportunities to partner with others to pre-deploy units
into other areas of the County to help further reduce- response times.
FINANCIAL IMPACT: Furniture has been provided by UNC along with all maintenance and
utilities. The County/Emergency Services_has_~greed to cover the cost of installing shore lines
to keep ambulance charging and cooling systems operational. The equipment installation costs
are estimated at appraximately $10,000. UNC's Parking Ordinance requires all employees to
pay for parking. Emergency Service estimates the annual cost for three permits to be $3000.
The funds to cover this approximate $13,000 in costs will come from the E-911 Fund (the 50%
fund balance that can be used for any emergency services purposes).
RECOMMENDATION(S): The Manager recommends the Board:
• Authorize the County Manager to sign the UNC Substation Agreement and any
amendments or renewals to that Agreement; and
• Authorize the County Manager to negotiate and sign any other Agreements to provide
Emergency Service Substations throughout the County and provide notice to the Board
of such agreements.
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ORANGE COUNTY-UNIVERSITY OF NORTH CAROLINA AT CHAPEL HILL
USE AGREEMENT FOR EMERGENCY SERVICES SUBSTATION
This Use Agreement fox Emergency Services Substation (this "Agreement"), made and
entered into the day of , 2011 (the "Effective Date"), by and between
the County of Orange, a political subdivision of the State of North Carolina, located at 200
South Cameron Street, Hillsborough, North Carolina, 27278, ("County") through its
Emergency Services Department ("ES") and the University of North Carolina at Chapel
Hill, fox its Student Affairs Division ("UNC"), located at University of North Carolina at
Chapel Hill, 1-06 Carr Building; CB# 5000, Chapel Hill, NC 27599-5000, and both
collectively referred to as "the Parties."
WITNESSETH:
WHEREAS, Orange County through its Emergenry Services Department currently operates
an Advanced Life Support EMS System with four ambulances staffed around the- clock and
a fifth peak load ambulance staffed from 9 am until 9 pm; and
WHEREAS, the geographical service area covered by the Orange County Emergenry
Services System includes all of Orange County, consisting of 384 square miles of land- area,
and encompassing all ox portions of the municipalities of Chapel Hill, Carrboro,
Hillsborough, and Mebane; and
WHEREAS, the estimated county population is 126,532, lending to a total system call
volume, emergency and non-emergency, of 11,611; and
WHEREAS, UNC has over 30,000 students which account for a significant portion of the
Orange County Emergency Services call volume; and
WHEREAS, many of the medical emergencies transpiring m and around the UNC Campus
are alcohol related and put a strain on the services delivery of Orange County Emergency
Medical Service ("EMS"); and
WHEREAS, underage drinking, binge drinking and intoxicated students can lead to
increased injuries and potential loss of life to students; and
WHEREAS, the Orange County Emergenry Services staffs two ambulances in the southern
portion of the county and currently both ambulances are stationed at Carrboro; and
WHEREAS, the growth of the County and the student population at UNC has lead to a
need to enhance services in the southern part of the County to better serve both the UNC
Campus and eastern Chapel H171; and
WHEREAS, the County desires to locate an ES substation on the Campus of UNC to better
serve the students and residents in the southern portion of Orange County; and
{00042638.DOC 8}
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WHEREAS, UNC desires to have an increased presence of ES on the Campus to create a
safer environment for its students; and
WHEREAS, the purpose of this Agreement is to establish an EMS Substation on UNC's
campus.
NOW, THEREFORE, in consideration of the above and the mutual covenants and
conditions hereafter set forth,-the County and UNC agree as follows:
1. Term of the Agreement. The term of this Agreerrrent shall be a program year
beginning on the Effective Date. and expiring on June 30, 2012, and shall be
automatically extended for additional successive one-year terms, unless (a) either
Party provides written notice to the other ninety (90) days prior to the end of the
term, or (b) UNC provides written notice to the County ninety (90) days prior to at
the end of the usable life of the facility as determined by UNC.
2. Scope of Agreement.
a. UNC will provide an apartment to be used as an Emergenry Service
Substation, located at 300 Mason Farm Road on the campus of UNC
("Substation"), at no cost to the County except as expressly provided in this
Agreement.
i. UNC will provide routine maintenance to the substation.
ii. UNC will provide and pay the cost of all utilities for the Substation,
including electricity, Internet, and basic cable television
services. Telephone services are not provided in campus housing
facilities.
iii. UNC shall provide and pay the permit cost for one (1) designated
parking space far the crew's ambulance at the Substation. UNC will
ensure that this designated parking space is large enough to
accommodate the size of an ambulance. Personal vehicles are subject
to The Ordinance Regulating Traffic and Parking on the Campus
of The University of North Carolina- at Chapel Hill; therefore, the
County's ES employees shall contact UNC Parking Services to make
arrangements for parking their personal vehicles on UNC's campus
or on UNC's satellite park-and-ride lots.
iv. UNC will coordinate installation of card access system for the
substation. Material and labor costs will be funded by the County.
v. UNC will coordinate the installation of an ambulance shore line for
the substation. Material and labor costs will be provided and/or
funded by the County.
Orange County-UNC Emergency Substation Agreement {00042638.DOC 8}
Page 2 of 7
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vi. The -Substation will be located in one unit of a four-unit UNC
apartment facility located at 300 Mason Farm Road. UNC anticipates
that the other three units in the apartment facility will be used by
UNC for student services and administrative functions, but UNC
reserves the right to use these other three units for any purpose that
does not infringe on the rights granted to the County in this
Agreement.
b. The County shall provide the following for the Substation:
i. One ambulance and a crew to staff the ambulance (up to three
members) to provide twenty-four hour services to the campus and
surrounding community.
ii. Ambulance shore line for the campus substation;
iii. Medical Supplies to support and maintain the substation.
iv. Equipment fox card access system to the substation.
v. Payment for all charges related to telephone and cable services at the
substation.
3. Repairs. UNC shall provide regular maintenance to the premises. In addition, UNC
shall maintain the paved parking area- and front entry to the building. The County
shall not cause any damage or injury to the premises. The County, at its sole
expense, shall keep the interior of the property clean and in good condition
(reasonable wear and-tear excepted).
4. Improvements. No substantial alteration, addition or improvement to the premises
shall be made by the County without the written consent of the UNC.
5. Non-Disturbance. UNC understands County's use of the premises as an Emergency
Services Substation and to the extent possible County agrees that they shall be
responsible fox controlling the noise level emanating from the County's use of the
premises in such a way that other occupants of the building of which the premises
are a part shall not be disturbed.
6. County's Obligation to Comply with Applicable Laws and Requirements of
Insurance Policies. The County shall throughout the term of this Agreement, at its
sole expense, promptly comply with all laws and regulations of all federal, state and
municipal authorities which may be applicable to the property. The County shall
comply with the requirements of all UNC policies of public liability, fire and all other
types of insurance at any time in force with respect to the building and other
improvements on the property.
7. Third Parties. The Parties agree that nothing in this Agreement is intended to
eliminate or reduce the services provided to UNC by third parties.
Orange County-IJNCEmergency Substation Agreement {00042638.DOC 8}
Page 3 of 7
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8. Uiuversity Policies. County agrees to comply with all applicable UNC policies,
including, without limitation, UNC's No Smoking Policy.
9. Condition of Premises. The County shall, during the term of this Agreement and
any renewal or extension hereof, at its sole expense, cause the property to be kept
clean and in a manner satisfactory to UNC and shall surrender the premises in the
good order and repair in which such property now is, ordinary wear and excepted,
and shall remove all- its property therefrom so that UNC can repossess the property
no later than Noon on the day upon which this Agreement ends.
10. Right of Entry. UNC or its agent shall with twenty-four (24) hours notice have the
right to enter the property at reasonable times in order to examine it, or to make
such decorations, repairs, alterations, improvements or additions as UNC deems
necessary or desirable; provided that UNC may enter premises on less than twenty-
four (24) hours notice fox emergenry purposes or if invited or permitted. by County.
If the County or its employees shall not be personally present to permit entry at any
time when an entry therein shall be immediately necessary, as herein provided,-UNC
may enter the premises by such means as may be appropriate, including by use of an
access card maintained by UNC or by forcible entry, without rendering UNC or such
agents liable therefore (if during such entry the UNC or his agents shall accord
reasonable care to the County's property), and without in any manner affecting the
obligations and covenants of this Agreement.
11. Exoneration from Liability. Neither UNC nor the County shall be liable to the
other for any property damage sustained by the other, personal injury to the other or
to its officers, agents and employees, or to any other occupant of any part of the
property, irrespective of how such injury or damage may be caused, whether from
action of the elements or acts of negligence of the occupants of adjacent properties,
or any other persons; provided that nothing contained herein shall relieve the either
UNC or the County of the consequences of its own negligence.
12. Amendments. Any amendments or revisions to this Agreement must be approved in
writing by the Parties and attached to this Agreement.
13. Insurance. UNC shall maintain fire insurance on the building in which the premises
is located. The County shall maintain fire and casualty insurance covering the
County's equipment and. other property located in the premises. In addition, the
County shall keep the premises insured, at its sole cost and expense, against claims
fox personal injury or property damage to the extent allowed by law.
14. Relationship of the Parties. The County is an independent contractor of UNC. The
County represents that they have or will secure, at their own expense, all personnel
required in performing the services under this Agreement. Such personnel shall not
be employees or have any contractual relationship with UNC. All personnel engaged
in work under this Agreement shall be fully qualified and shall be authorized and
permitted under federal, state and local law to perform such services.
Orange County-IJNC Emergency Substation Agreement {00042638.DOC 8}
Page 4 of 7
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15. Compliance with all Laws. T-he Parties, shall comply with all laws, ordinances, orders
and regulations of the federal, state or local governments, as well as their respective
departments, commissions, boards, and officers, which are in effect at the time of
execution of this Agreement or are adopted at any time following execution of this
agreement.
16. Subcontract. The Parties deem the services provided under this Agreement to be
personal ui nature and they may not subcontract any rights or duties under this
Agreement to any third party without prior written consent.
17. Assignment. The Parties agree not to assign this Agreement, to any other party
without the prior written consent of the other Party.
18. Non-Appropriation. This Agreement is subject to the availability of funds to
purchase the specified services and may be terminated at any time if such funds
become unavailable.
19~ Non-Discrimination. The parties hereto agree for themselves, their agents, officials,
employees and servants- not to discriminate in any manner on the basis of race, color,
gender, national origin, age, disability, religion, creed, sexual orientation, gender
identity, gender expression, familial status or veterans status with reference to any
activities carried out by this Agreement.
20. Notice. The Parties hereto agree and understand that written notice, mailed or
delivered, to the last known address shall constitute sufficient notice to the County
and UNC. All notices required and/ox made pursuant to this Agreement to be given
to the County and UNC shall be in writing and mailed to the party addressed as
follows:
County: Emergency Services
Orange County
Post Office Box 8181
Hillsborough, NC 27278
UNC: Christopher Payne
Associate Vice Chancellor for Student Affairs
The University of North Carolina at Chapel Hill
108 Carr Building
Campus Bar 5000
Chapel Hill, NC 27599-5000
21. Entire Agreement. This Agreement, including any referenced attachments,
constitutes the entire Agreement between the parties and shall supersede, replace or
nullify any and all prior Agreements of understandings; written ox oral, relating to the
matters set forth herein, and any such prior Agreements or understandings shall have
no force or affect whatsoever on this Agreement. The County and UNC have read
this Agreement and agree to be bound by all of its terms, and further agree that this
Orange County-IJNC Emergency Substation Agreement {00042638.DOC 8}
Page S of 7
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Agreement constitutes the complete and exclusive statement of the Agreement
between the County and UNC.
22. Severability. All clauses found herein shall act independently of each other. If a
clause is found to be illegal or unenforceable, it shall have no effect on the other
provisions of -this Agreement. It is understood by the parties hereto that if any part,
term or provision of this Agreement is by the Courts held to be illegal or in conflict
with any laws of the State of North Carolina or the United States, the validity of the
remaining portions or provisions shall not be affected, and the rights and obligations
of the parties shall be construed and enforced- as if the Agreement did not contain
the particular part, term or provision held to be invalid.
23. Governing Law. The laws of the State of North Carolina shall govern all aspects of
this Agreement. In the event that it is necessary for either party to initiate legal
action regarding this Agreement, venue shall lie in Orange County, North Carolina.
The parties hereby waive their right to trial by jury in any action, proceeding or claim,
arising out of this Agreement, which may be brought by either of the parties.
[SIGNATURES ON FOLLOWING PAGE]
Orange County-IINCEmergency SubrtationAgreement {00042638.DOC 8}
Page 6 of 7
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IN WITNESS WHEREOF, the Orange County and UNC have signed this
Agreement, effective on the last date this Agreement is signed by both parties as indicated by
the dates set forth under signatures below.
Fot and on behalf of The University ofNorth Carolina at Chapel Hill, for its Student
Affairs Division
Winston B. Crisp Date
Vice Chancellor of Student Affairs
Richard L. Mann
Vice Chancellor for Finance & Administration
For and on behalfof Orange County Government
Frank C. Clifton, County Manager
Approved as to technical content
R. Frank Montes de Oca, Director
Emergency Services
Approved as to form-and legal suf&ciency
Annette M. Moore, Staff Attorney
Date
Date
Date
Date
This insttcunent has been pre-audited in the manner required by the Local
Government Budget and Fiscal Control Act
Clarence Grier, Financial Services Director Date
Orange County-UNC Emergency SubrtationAgreement {00042638.DOC 8}
Page 7 of 7
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la~~
August 2~1, 2011
.Bernadette Pelissier, Chair
Orange County Board of Commissioners
P.O.Boa$I81
Hillsbarougl3, North Carolina 2'7278
SIIG UNIVERSITY
of NORT T( CAROLINA
of Cii APEt. HfI.L
OFFICE OF T}IE V3CE CHA
FOR STUllE~1T AFFAIRS
It2 CAR11 LtUILpI1~G
cAtlrus ltox Sooo
CHAPEL HILL, NC -7S99-Sooo
\C~I ~1TU\ $. C;kISI'
Vitr Clrnarrllnr jnr Student .9ffnirt
Dear Chair Pelissier:
NCELLOR
T 9x9.965..10.}5
V gr9.96Z.83r~
F 9r9.95a.xo9o
wbcrisp~y crnail.tanc.edu
The University of North Carolina at Chapel Hill leas beef a partner with Orange County on
many projects tluoughout the years. In my estimation, none have more importance than
projects that du'ect7y impact the safety and welfare. of our st~xlents, visitors and staff. In
recent months the Have been discussing the possibility of an Orange County Emergency
Services ambulance to be stationed on campus; ai-lowing rapid access to campus emergencies
as well as providing a more strategic response-area throaghout Chapel Hill.
Our staff has worked closely with Colonel Montes de Oca and County staff to explore this
possibility. I am quite excited that we have identified a building that will strategically serve
both the campus and Chapel Hill. This joint effort will enhance the ability to access
emergencies throughout the campus and surrounding aY•eas quicker and will enhance the
ability of a[1 groups and providers in a most beneficial way.
I hope you witl support this partnership that will improve the survivability and- welfare of all
who 'will be served by-the unit and its dedicated crew members. We are excited about this
venhlre and look forward to similar projects that continue to enhance the quality of life for
our students; staff acid visitors wh.il.e further improving service to the entire community.
Should you have any questions, please feel free to contact nle at 919-965-4045.
Warmest Regards,
Winston B. Crisp
Cc: Pra,~k W. Clifton, 3r., County Manager
Frank R. Montes de Oca, Emergency Services Director
1~'Il~tt'I'1ltti~ .~;~ttt/t'ul Lerlrl~i~l;,f nftr~l .5trr't~r^_,.~