Loading...
HomeMy WebLinkAbout2014-181 Emergency Services for EMS Standby during Races $See Exhiibit C ig r s. STATE OF NORTH CAROLINA ORANGE COUNTY This Contract dated this Z7 day of March 2014, 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. WITNESSET I 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 Techaician ("EMT") and/or Paramedic level for the scheduled spectator events at the Speedway as outlined in the "2014 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 Country shall provide emergency medical services as provided in Exhibit B, "Speedway EMS Operations 2014," 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 :o 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 leavos 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 2014 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 trave:1 time of one-half(1/2)hour to and from each event for each individual phis 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 "clock-in" upon arriving at the Speedway and "clock-out" upon,leaving the Speedway on a form designated for such purpose. Page 2 Omni 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 14 days after receipt of an i:ivoice 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 giv:.ng 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 i 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 appro)riate 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 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 insuran-,e 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 facilit), 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 eacr. 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. Speedway shall at all times remain in compliance with all applicable local, state, and federal laws, rules, and regulations including but not limited to all anti-discrimination laws. Pursuant to the terms of North Carolina General Statute 153A-449(b) no county may enter into a contract with a contractor unless the contractor and the contractor's subcontractors comply with the requirements of Article 2 of Chapter 64 of the North Carolina c3eneral Statutes. Where applicable, failure to maintain compliance with the requirements of Article 2 of Chapter 64 of the General Statutes constitutes Speedway's breach Page 4 of this Agreement. By executing this Agreement Speedway affirms Speedway is in compliance with Article 2 of Chapter 64 of the North Carolina General Statutes. 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 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. Page 5 FOR ORANGE COUNTY SPEEDWAY MANAGEMENT,LLC By: IS Terry Deal, Director of Operations Date FOR ORANGE COUNTY,NORTH CAROLINA By: ? 3 0 _ Co u Manager Dat This instruareit has roved as to technical content. Ja7ees, Emergency Services Director Thip,instrument has been approved as to form and legal sufficiency. ette M. Moore, Sta f Attorney This instrument has been pre-audited in the manner required by the Local overnment UAd et and Fi Con Act Clarence G. Grier,Assistant Co. Manager& . CFO Page 6 Exhibit A 2014 Orange County Speedway Schedule of Events Page 7 DIVISIONS WELCOME, PERSON GRANDSTAND ADMISSION APRIL 5 PASS SUPER LATE MODEL EVENT TV R r„ APRIL • LATE MODEL/LIMITED/PURE • STOCK/SUPER MAY 10 2ND ANNUAL PAUL RING MEMORIAL 100 LAP LATE MODEL/LIMITED/PURE ST CK/ STREET STOCK/SUPER MINI TRUCKS JUNE 14 100 LAP LATE MODELILIMITED/IPURE STOCK/STREET STOCK/SUPER . KIDS RIDE ALONG JUNE 28 LATE MODEL/LIMITED/PURE STOCK/STREET STOCK/SUPER MINI TRUCKS $5 LADIES NIGHT Wl JULY-26 PRO CUP/ALLISON LEGACY/LATE IMODEL/LIMITED/PURE STOCK/STREET STOCKY SUPER MINI TRUCKS V NN AUGUST 9 LATE MODEL/LIMITED/PURE STOCK/STREET STOCK/SUPER MINI TRUCKS KIDS RIDE ALONG NIGHT SEPTEMBER 27 CHAD PERGERSON&KEVIN BOWEN MEMORIAL NIGHT TWIN 35 LIMITED RAC S LATE MODEL/PURE STOCK/STREET STOCK/SUPER MINI TRUCKS/ROLLING THUNDER MODIFIEDS OCTOBER 25 CHAMPIONSHIP CELEBRATION NIGHT KIDS TRACK OR TREAT NIGHT-CANDY FOR ALL KIDS-WEAR YOUR COSTUME!! 100 LAP LATE MODEL/LIMITED/PURE STOCK/STREET STOCK/SUPER MINI TRUCK Exhibit B Speedway EMS Operations 2014 Page 8 Exhibit B r u sz b �tt4 Cato�b ORANGE COUNTY EMERGENCY SERVICES Speedway EMS Operations 2014 Staffing: + Infield Ambulance—Paramedic/EMT Call Sign for OCES Speedway Events is Medic 15. Equipment: + Medic 15 will be stocked with ALS equipment + Medic 15 will have ae tough,book cornputer, and wireless access to the internet. + A special events report will be initiated prior to the speedway event End 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 leave 510 Meadowlands drive at 1800 and will contact communications to start a'Special`Event CFS' for the Speedway. The completed CFS report will be provided to Speedway management. • Medic 15 will arrive fully operational at the track promptly by 1830. The ambulance should initially report to the main gate. The paramedic from Medic 15 will clock in at the front gate. The ambulance should then proceed to thy, back gate and will proceed to the staging area. Races begin promptly at 1900 and the ambulance should be in place prior to this time. + Medic 15 will be released when the race is completed and the back gate is opened. Care + Serve 9 Survive Exhibit B Arrival/Staying/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. • 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 hats 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 a walk-up patient."). Also update the race director once the 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. Care • Serve • Survive Exhibit B Termination of Operations: • Once authorized to clear, Medic 15 shall report to the main gate and the paramedic will clock out. At that time, 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 s hall 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 E1V[S Shift Commander door pocket: • The EMS Shift Commander shall ensure that all times are correct accordin,;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 Paramedic $55.00 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 E:MT-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. Page 9 ACO CERTIFICATE OF LIABILITY INSURANCE M/DD/YYYY) 6/22/201/201 4 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 INSL RER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS'NAIVED,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 i certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Hyiant-Orlando PHONE FA' 250 International Pkwy, Ste 330 E-MAIL 14 -74 - A/I:,Ne):407-74 - Lake Mary FL 32746 ADDRESS: INSURERS AFFORDING COVERAGE NAIC X INSURER A:Greenwich Insurance Company 22392 INSURED ORANCOU-02 INSURER B: Orange County Speedway INSURERC: Management, LLC INSURERD: P.O. Box 107, 9740 NC Hwy 57 — Rougemont NC 27572 INSURERE: INSURER F: COVERAGES CERTIFICATE NUMBER:874468480 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FDR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJE,-T TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR LTR TYPE OF INSURANCE IN SR WVD POLICY NUMBER MM DDY/YYYY MM DDS LIMITS A GENERAL LIABILITY AXGL0510046813 /1412014 /14/2015 EACH OCCURRENCE $1,000,000 DAMAGET RENTED X COMMERCIAL GENERAL LIABILITY PREMISES Ea occurrence $100,000 CLAIMS-MADE a OCCUR ME EXP(Any one persc n) $ PERSONAL&ADV INJURY $1,000,000 GENERAL AGGREGATE $2,000,000 i GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $2,000,000 JECT POLICY PRO- LOC $ A AUTOMOBILE LIABILITY AXAL0510025013 /14/2014 114/2015 Ea acc dent $1,000,000 ANY AUTO BODILY INJURY(Per peison) $ ALL OWNED SCHEDULED id P BODILY INJURY(Per accent $ AUTOS AUTOS ( ) X HIRED AUTOS X NON-OWNED PROPERTY DAMAGE $ AUTOS Per accident A X UMBRELLA LIAB X OCCUR AXXSO410056113 /14/2014 /14/2015 EACH OCCURRENCE $1,000,000 X EXCESS LIAR CLAIMS-MADE AGGREGATE $ DED X I RETENTION$0 $ WORKERS COMPENSATION WC STATU- OTH- AND EMPLOYERS'LIABILITY Y I N TORY LIMITS FR ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? � N/A E.L.EACH ACCIDENT $ (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space is required) Certificate Holder Orange County Emergency Services is named as an Additional Insured with respect to General Liability, as required by written contract. �I I CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Orange County Emergency Services ACCORDANCE WITH THE POLICY PROVISIONS. 510 Meadowlands Drive Hillsborough NC 27278 AUTHORIZED REPRESENTATIVE ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD I