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ORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: April 15, 2014
Action Agenda
Item No. 6-c
SUBJECT: Use Agreement between Orange County and the New Hope Fire Department
DEPARTMENT: Emergency Services PUBLIC HEARING: (Y/N) No
ATTACHMENT(S): INFORMATION CONTACT:
1. EMS _
Substation Use Agreement James E. Groves, 245-6140
2. EMS-911 Study Pages 20 & 46 Chief Mike Tapp; 919 493-1001
PURPOSE: To approve the recommendation_from the Emergency Services Director to enter
into an agreement with the New Hope Fire Department (NHFD) in order to place one (1) EMS
ambulance at Station #2 located at 4700 NC Highway 86, Chapel Hill, North Carolina.
BACKGROUND: On August 30, 2012 the Board was presented the findings of the
Comprehensive Assessment of Emergency Medical Services & 911/Communications Center
Operations Study performed by Solutions for Local Government. This study identified extended
EMS response times as a primary issue, and recommended adding peak emergency medical
services (EMS units) to reduce response times.
Orange County Emergency -Services has worked with the New Hope Fire Department to
develop a co-location solution to help reduce EMS response times in the eastern section of the
County. NHFD Station #2 is located Hwy 86 and provides good access to the community in the
eastern portion of the County, as well as providing a sheltered and environmentally controlled
atmosphere for an ambulance. In addition, the station will provide a location for staff to work on
plans and paperwork.
FINANCIAL IMPACT: The financial impact for initial infrastructure set up (information
technology, cabinets, supplies, etc.) will not exceed a one-time expense of $4,000. The
agreement includes a $500 per month payment ($6,000/yr.) to NHFD. This expense is already
covered under FY 2013-2014 Budget Amendment #2 approved by the BOCC on October 15,
2013.
RECOMMENDATION(S): The Manager recommends that the Board approve the
recommendation from the Emergency Services Director to approve and authorize the Manager
to sign the Use Agreement.
y
Attachment 11 2
ORANGE COUNTY-NEW HOPE FIRE DEPARTMENT
USE AGREEMENT FOR EMERGENCY MEDICAL SERVICES SUBSTATION
This Use Agreement for Emergency Medical Services (EMS) Substation (this "Agreement"),
made and entered into the _1st_ day of April_, 2014 (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 the Orange County Emergency Services Department ("OCES") and the New Hope
Volunteer Fire Department of Orange County, Inc., a not for profit corporation (`Fire
Department"),located at 4012 Whitfield Road, Chapel Hill, NC 27514 and both collectively
referred to as "the Parties."
WITNESSETH:
WHEREAS, Orange County through its Emergency Services Department currently operates
an Advanced Life Support EMS System;and
WHEREAS, the geographical service area covered by the Orange County Emergency
Services System includes all of Orange County, consisting of 384 square miles of land area,
and encompassing all or portions of the municipalities of ChapeL Hill, Carrboro,
Hillsborough,and Mebane;and
WHEREAS, the estimated county population is 135,776, lending to a total system call
volume, emergency and non-emergency, of 13,445;and
WHEREAS, the County desires to locate an Emergency Services substation at the New
Hope Fire Department's Station #2 located at 4700 NC Highway 86, Chapel Hill, North
Carolina to better serve the residents in eastern Orange County;and
NOW, THEREFORE, in consideration of the above and the mutual covenants and
conditions hereafter set forth,the County and Fire Department agree as follows:
1. Term of the Agreement. The term of this Agreement shall begin on the Effective
Date and expiring on April 1, 2015, and shall be automatically extended for three
additional successive one-year terms, unless either Party provides written notice to
the other ninety(90) days prior to the end of the term.
2. Scope of Agreement.
a. The Fire Department shall provide rent free space within the New Hope Fire
Station #2 to be used as an Emergency Medical Service Substation
("Substation's.The Fire Department shall provide:
i. Storage space for emergency medical services supplies.
ii. Space within the bay area for one (1) ambulance.
{00042638.DOC 3}
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iii. Shared working quarters for up to three (3) OCES ambulance crew
personnel who will staff the ambulance.
iv. Access to parking for the ambulance crews personal vehicles.
v. Access to electrical power for ambulance shorelines. Material and
labor costs will be provided and funded by the County.
1. Installation will be performed by a licensed electrical
contractor.
vi. Access to the Fire Station by OCES ambulance crews.
vii. Use of the landline telephone.
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 pre-hospital, emergency medical services to the
surrounding community.
ii. Building up-fits for ambulance shorelines at the New Hope Fire
Station#2;
1. Up-fits will be performed by a licensed electrical contractor.
iii. Communications equipment as needed.
1. Any modifications to the station will be permanent, and will
be left in place if this contract expires (i.e., external antenna,
paging/notification system).
iv. Medical Supplies to support and maintain the substation.
v. Logistical Supplies. Small refrigerator, storage cabinet, and a lock box
for narcotics or other paramedic legitimate drugs.
vi. Payment. $500 per month,not to exceed $6,000 per year. Payment is
inclusive of all utilities and normal and typical maintenance.
3. Repairs. The Fire Department shall provide for their normal and typical maintenance
to the premises (i.e., lighting, filters, other). Any damages caused by the Fire
Department shall be repaired and paid by the Fire Department, and any damages
caused by the County shall be repaired and paid by the County.
a. If a determination on who caused the damage cannot be readily identified by
the station crew, the Fire Department Chief and Emergency Services
Director will meet to reach an amicable decision.
Orange County Nero Hope Fin Department Substation Agreement
Page 2 of 6
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4. Improvements. No substantial alteration, addition or improvement to the premises
shall be made by the County without the written consent of the Fire Department.
5. 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 which may be applicable to the property. The County shall comply with
the requirements of Fire Department 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.
6. Fire Department Policies. The OCES crew will maintain a clean and sanitary work
and meal area environment. County agrees to that Emergency Services personnel
shall comply with all applicable Fire Department policies and facility rules while at
the New Hope Fire Station #2 Emergency Service personnel shall comply with any
-County facility use policy when it is stricter than the Fire Department rules.
7. Condition of Premises. The County shall, during the term of this Agreement and
any renewal or extension hereof, shall keep the part of the facility they are allocated
clean 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 Fire Department can repossess the property no later than Noon
on the day upon which this Agreement ends.
8. Right of Entry. The County use of the premises is not exclusive, the Fire
Department or its agent shall -have the right to enter any part of the facility the
County is allocated at reasonable times in order to examine it, or to make such
decorations, repairs, alterations, improvements or additions as Fire Department
deems necessary or desirable. 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, Fire Department may enter the premises by such
means as may be appropriate, including forcible entry, without renderin g Fire
Department or such�e
nts liable therefore (if during such entry the Fire Department
or his a g ents shall accord reasonable care to the County's property), and without in
an y manner affecting the obligations and covenants of this Agreement.
9. Hold Harmless from Liability. Neither Fire Department 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 Fire Department or the County of the consequences of its
own negligence to the extent provided by law.
Orange County Nero Hope Fin Department Substation Agreement
Page 3 of 6
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10. Amendments. Any amendments or revisions to this Agreement must be approved in
writing by the Parties and attached to this Agreement.
11. Insurance. Fire Department 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.
12. Relationship of the Parties. The County is an independent contractor of Fire
Department. 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 Fire
Department. 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.
13. Compliance with all Laws. The 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.
14. Subcontract. The Parties deem the services provided under this Agreement to be
personal in nature and they may not subcontract any rights or duties under this
Agreement to any third party without prior written consent.
15. Assignment. The Parties agree not to assign this Agreement, to any other party
without the prior written consent of the other Party.
16. 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.
17. 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, ethnicity, sexual orientation,
gender identity,gender expression, familial status or veterans status with reference to
any activities carried out by this Agreement.
18. Notice. The Parties hereto agree and understand that written notice, as identified in
section #1 of this agreement, mailed or delivered to the last known address, shall
constitute sufficient notice to the County and Fire Department. All notices required
and/or made pursuant to this Agreement to be given to the County and the Provides
shall be in writing and mailed to the party addressed as follows:
Orange County New Hope Fin Department Substation Agreement
Page 4 of 6
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County:
Director
Emergency Services Department
Orange County
Post Office Box 8181
510 Meadowlands Drive
Hillsborough,NC 27278
Fire Department:
Fire Chief
New Hope Fire Department
4012 Whitfield Road
Chapel Hill,North Carolina 27514
19. 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 or oral,relaxing 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 Fire Department
have read this Agreement and agree to be bound by all of its terms,,and further agree
that this Agreement constitutes the complete and exclusive statement of the
Agreement between the County and Fire Department.
20. 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.
21. Governing Law. The laws of the State of North Carolina shall govern all aspects of
thi s 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.
Orange County New Hope Fire Department Substation Agreement
Page 5 of 6
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IN WITNESS WHEREOF, the Orange County and New Hope Fire Department
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.
For and on behalf ofNew Hope Fire Department
Name Date
Title
Name Date
Title—Fire Chief
Attest:
Name Date
Title
For and on behalf of Orange County Government
Michael Talbert,Interim County Manager Date
Approved as to technical content
James E. Groves,Director Date
Emergency Services
This instrument has been pre-audited in the manner required by the Local
Government Budget and Fiscal Control Act
Clarence Grier,Asst. County Manager/CFO Date
Approved as to form and legal sufficiency
Annette M. Moore,Staff Attorney Date
Orange County New Hope Fire Department Substation Agreement
Page 6 of 6
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Attachment 2
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Comprehensive Assessment of Emergency Medical Services
911/Communications Center Operations Study
Presentation of Study Findings&Recommendations
To the
Orange County Board of Commissioners
31 August 2012
Presented by:
Solutions for Local Government,Inc.
80
R 9
EMERGENCY MEDICAL SERVICES (EMS)j
ISSUES OF CONCERN
Response Time
OCEMS Agency Standards per System Plan:
For Emergency Responses;
. . . . . a Paramedic on scene within 12 minutes 90% of the time
For Non-Emergency Responses;
. . . . . A Paramedic on scene within 15 minutes 90% of the time
Although not acceptable to the referenced standards setting and
professional organizations cited, concerrrcan be off-set somewhat by
effective and timely response from certified BLS-personnel; i.e. certified
Medical_Responders (MR) and Basic level Emergency Medical Technicians
(EMT's).
In Orange County,these .......are comprised of members of the 12 municipal
and community Fire Departments
Solutions for Local Government,Inc. 20
10
EMERGE-NCY MEDICAL SERVICES (EMS)
RECOMMENDATIONS
Issue: Response Time
R-4. Assess Fire Department capabilities necessary to meet
MFR Response Time objectives; via independent
assessment of call volume, roster, paid vs. volunteer =
personnel, vehicles, base location(s) past call locations,
included map grids, existing funding, and anticipated
performance requirements.
R-Sa. Schedule and implement Fire Department MFR
initiative mdth included performance requirements.
R-5b. Staff & equip RVs for assignment q p four (4� EMS/Q ' 12 g
hours/7 days; with shift start/end times to be
determined by EMS.
R-6. Staff & equip three (3) 12 hour/7 day ALS ambulances at
appropriate staging/base facility locations proximate to
(1) Zones 1 & 2, (2) Zones 7 & 5, and Zones 6 & 8.
R-7. Hire Paramedic Level Shift Supervisor @ 24/7.
Solutions for Local Government,Inc. `.. `.•° 46