Loading...
HomeMy WebLinkAbout2014-263 Town of Carrboro Fire-Rescue Department for Use Agreement for Emergency Medical Services Substation TOWN OF CARRBORO FIRE-RESCUE 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 January, 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 Town of Carrboro Fire- Rescue Department (CFRD) located at 301 W. Main St., Carrboro, NC 27510 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 CFRD Station #1 at 301 W. Main St., Carrboro, rTC 27510 and CFRD Station #2 at 1411 Homestead Rd., Chapel Hill, NC 27516 to better serve the residents in southern Orange County;and NOW, THEREFORE, in consideration of the above and the mutual covenants and conditions hereafter set forth, the Parties agree as follows: 1. Term of the Agreement. The term of this Agreement shall begin on the Effective Date and expiring on January 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 space within Station #1 and Station #2 to be used as an Emergency Medical Service Substation ("Substation"). The Fire Department shall provide at each location: i. Storage space for emergency medical services supplies. ii. Space within the bay area for one (1) ambulance. {00042638.DOC 3} 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-Carrboro Fire-Rescue Substation Agreement Page 4 of 6 19. County: Director Emergency Services Department Orange County Post Office Box 8181 510 Meadowlands Drive Hillsborough, NC 27278 Fire Department: Fire Chief Carrboro Fire-Rescue Department 301 W. Main Street Carrboro,North Carolina 27510 20. 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, 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 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. 21. 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. 22. 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 he 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. [SIGNATURE PAGE TO FOLLOW] Orange County-Carrboro Fire-Rescue Substation Agreement Page 5 of 6 IN WITNESS WHEREOF, the Orange County and Carrboro Fire-Rescue 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 of Carrboro Fire-Rescue Department 6'r,Illy ; Names Date Title Attest:� Names� c Date Title For and o b al o Ora g C G ernment chae Talbert, Inter County Manager Date Appro as cal content a s E. Groves, Director Date E ergency Services This instrument has been pte-audited in the manner required by the Local Government Budget and'fiscal Control Act Clarence Grier,Asst, County Manager/CFO Date Ap ve form and legal sufficiency � S � 4- Ann tte M. oore, Sta f Attorney Date Orange County-Carrboro Fire-Rescue Substation Agreement Page 6 of 6 Certificate of Insurance Issue Date(MWDD,YYYY) osro2/2o1a Named Participant This Certificate is issued as a matter of information c nly and confers no rights upon the Certificate Holder. Town of Carrboro This Certificate does not amend,extend or alter the coverage afforded by the Policies below 301 W Main Street Companies affc rding Cover-age Carrboro,NC 27510 A= Interlocal Risk Financing and of North Carolina B= North Carolina Interlocal F isk Management Agency COVERAGES THIS IS TO CERTIFY THAT THE COVERAGE LISTED BELOW IS AFFORDED TO THE PARTICIPANT NAMED ABOVE FOR THE PERIOD INDICATED.NOTWITHSTANDING A 4Y REQUIREMENT TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN THE COVERAGE DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OFSUCHPROGRAM. co Type of Coverage Policy Number Effective Expiration Limits of Liability Ltr Date Date A GENERAL LIABILITY PL-93007-2013-00 07/0112013 07/01/2014 Products-Co p/Operations $2,000,000 (]x Commercial General Liability Personal&A(v.Injury $2,000,000 ❑ Claims Made px Occurrence Each OCcurre ice $2,000,000 Fire Damage i Any one fire) $1,000,000 Med.Expense Any one person) N/A Deductible $1,000 AUTOMOBILE LIABILITY Limit Deductible ❑ Any Auto(Symbol 1) Combined Single I mit ❑ Hired Autos(Symbol 8) Non-Owned Autos(Symbol 9) ❑Uninsured/Underinsured Motorists A PROPERTY PL-93007-2013-00 07/0112013 07/01/2014 Limit Deductible ❑z Real&Personal Property $15,303,696 $1,000 ❑ Builder's Risk ❑Auto Physical Damage(Symbol 7&8) [] Municipal Equipment ❑ Computer Equipment&Media ❑ Portable Equipment ❑ Fine Arts Police Professional Liability Limit(peroccu ence/aggregate) Deductible E] Claims Made L] Occurrence Public Officials Liability Limit(per occur encelaggregate) Deductible ❑ Claims Made ❑ Occurrence Employment Practices Liability Limit(per occur ence/aggregate) Deductible ❑ Claims Made ❑ Occurrence Workers'Compensation Limft ❑Workers'Compensation and Employers Liability Each Accident ❑WC Statutory Limit Disease-Eac Employee Disease-Po14 Limit OTHER COVERAGE Limit Deductible Description Evidence of Coverage Certificate Holder Cancellation EVIDENCE OF COVERAGE Should any of the aboVE described coverages be cancelled before the expiration date therE of the issuing company will endeavor to mail 30 days written notpe to the certificate holder named to the left, but failure to mail such r otice shall impose no obligation or liability of any kind upon the cot ipany,its agents or representatives. Authorized Repres ntativ