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HomeMy WebLinkAbout2014-336 EMS - New Hope Fire Department for User Agreement for Emergency Medical Services Substation $6,000 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"). 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} 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. n 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 New Hope Fire Department Substation Agreement Page 2 of 6 I 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 rendering Fire Department or such agents liable therefore (if during such entry the Fire Department 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. 9. Hold Harmless from Liability. Neither Fire Department not 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-New Hope Fire Department Substation Agreement Page 3 of 6 1 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 Fire Department Substation Agreement Page 4 of 6 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 Load' Chapel Hill, North Carolina 27514 19. Entire Agreement. This ,Agreement, including any referenced attachments, constitutes the entire Agreement�betwcer 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. 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 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. Orange Cougy New Hope Fire Department Substation Agreement Page 5 of 6 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 �♦� artmer�t � // OQ........• 0/ �i Date Name nrB.S�[�+►'�" �0 otP°►at@ ♦�°��� Title ` 2,J o- `%� c � 191 Name �.0, ct•S tior °•", `�,' ��Date Title—Fire Chief / N ♦ ` �i yM8 ♦♦ ���Il111f1���♦ Attest- Name Date Title For and on hehalfof Orange County Government Lam' / 7 , ' ty Manager Date 4ergency to al content ves,Director Date ervices This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act J (4144-t'� �J lA- Clarence Grier,Asst. County Manager/CFO Date Appr d as t rm and legal suffi ciency Annette M. Moore, Staff Attorney Date Orange County-New Hope Fire Department Substation Agreement Page 6 of 6 NEWHO-1 OP ID:WS P CERTIFICATE OF LIABILITY INSURANCE )AT'F - '""0"rvYYY) 1 05,05/2014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), A01'HORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(les)must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME. W. Cloyce Anders VFIS of North Carolina PHONE 919-755-1401 FAX P.O.Box 12825 ANPjLo No. (A/C,pj2):_919-7 55-1125 Raleigh,NC 27605 E MAIL ABDRESS: CODE 3 INSURANCE ............... INSURER(S)AFFORDING COVERAGE INSURER A:American Alternative Ins.Co. 19720G INSURED New Hope VFD of Orange Co,Inc INSURERB: Mike Tapp,Chief INSURER 11 C: PO Box 16484 Chapel Hill,INC 27516 INSURER 0: _INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE PO{I 'L RIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO 1­1 THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL I,RMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. -[4§kT­---- ADDL= POLICY EFF POLICY EXP LTR TYPE OF INSURANCE POLICY NUMBER (MMIDDfYYYY1 M LIMITS (M IDDNYYY) A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ I�000,000 --OAMA6C1TO­kE,NTC-b- CLAINIS-MADE X7 OCCUR VFIS-TR-2053688-07 06/11/2014 06/1112015 PREMISES $ 1,000,000 (Ea occurrence) 10,000 _ffIRSONAI,&_ADV INJURY $ 1,000,000 GENI AGGREGATE LIMIT APPLIES PER i GENERAL AGGREGATE_ {_s 3,000,000 T LOC jEC GG $ POLICY 1:1 PRO COMPIqP 1 3,000,000 $ 1 OTHER: AUTOMOBILE LIABILITY' { I COMBINED SINGLE LIMIT $ 1,000,000 _AEa accident)-­­--­- • IX ANY AUTO VFIS-CM-1052253-07 06111/2014 06/1112015 BODILY INJURY(Per person) $ - X ALL OWNED X SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS NON-OWNED —PROPERTY DAMAGE X HIRED AUTOS A is AUTOS X Comp$250 X Coll$500 UMBRELLA LIAB 2,000,000 OCCUR EACH OCCURRENCE $ — • X EXCESS LIAB M�-_MA VFIS-TR-2053668-07 06/11/2014 0611112015 AGGREGATE 4,000,000 ­­-11 1—-F-1-1-11.111- _gLAL DE LED RETENTION$ I$ WORKERS COMPENSATION STATUTE AND EMPLOYERS'LIABILITY YIN _,�TUTE ANY PROPRIETOR/PARTNERIEXECUTIVE NIA E.L.EACH ACCIDENT 1$ ——— OFFICERIMEMBER EXCLUI!)ED*� (Mandatory in NH) E.L.DISEE ASE-EA EMPLOYEE $ , describe under If yes, E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS below • Management Liab. !VFIS-TR-2053688-07 06111/2014 0611112016!Aggregate 3.000,000 lWrongful 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may Be attached If more space is required) Commercial Blanket Bond $100,000 limit; Blanket Portable Equipment is on Guaranteed Replacement Cost with $100 deductible; Orange County iS included as an Additional Insured per Form VGLNCl, "Who Is An Additional Insured, Blanket Additional Insureds." See Notepad for Property Coverage. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCEL-ED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELAERED IN Orange County ACCORDANCE WITH THE POLICY PROVISIONS. P.O.Box 8181 Hillsborough, NC 27278-8181 AUTHORIZED REPRESENTATIVE O 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD