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HomeMy WebLinkAboutAgenda - 02-20-2007-9bORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: February 20, 2007 Action Agenda Item No. 9 - b SUBJECT: Orange County Speedway 2007 EMS Coverage Contract DEPARTMENT: Emergency Management PUBLIC HEARING: (Y/N) No ATTACHMENT(S): 2007 Draft Contract 2007 Speedway Schedule INFORMATION CONTACT: Kent McKenzie 968-2050 Mike Tapp PURPOSE: To ensure public safety at public events at the Orange County Speedway, by contracting with Speedway Management for the provision of Emergency Medical coverage at events. BACKGROUND Orange County has contracted with prior Orange County Speedway operators and with the current operator, Mr. Vance Agee, to provide and ensure adequate Emergency Medical Services (EMS) coverage at races and events. Mr. Vance Agee (owner) and Ms. Kim Foushee (Operations Manager) from the Speedway expressed concerns to then Assistant County Manager Rod Visser during the 2006 racing season about the costs of EMS coverage as outlined in the 2006 contract. Mr. Visser, Emergency Management Director Jack Ball, Deputy EM Director Kent McKenzie, EMS Medical Director Jane Brice MD, Economic Development Director Dianne Reid, and Revenue Director Jo Robeson met with Mr. Agee and Mr. Foushee in October, 2006, to discuss a variety of ways to continue to ensure appropriate Emergency Medical coverage at the Speedway at a lower dollar cost to the Speedway. Mr. Agee and Ms. Foushee were asked to respond to the array of options presented, but to date have not formally requested any alternative arrangements. Ms. Foushee met with the County Fire Marshal, Emergency Medical Deputy Director, and the Orange County Revenue Director on Wednesday, February 7, 2007, to review the public safety requirements for events at the Speedway. Ms. Foushee suggested that the Speedway would like to pursue several different alternative arrangements for Emergency Medical coverage. One alternative that Speedway Management has requested is for Speedway personnel to play a larger role in the provision of Emergency Medical coverage for events. Under the County's Emergency Medical Services System Plan and the County's EMS and Rescue Franchise Ordinance, it appears that such an' arrangement would require the Speedway to obtain a franchise for First Responder services. County Staff has provided information to Speedway 2 staff about the requirements for obtaining a county franchise to provide. first-responder services at Speedway events. Until the details of such an arrangement can be worked out, County Staff has recommended that the County continue to provide all Emergency Medical Coverage for Speedway events under contract with the Speedway. North Carolina Office of Emergency Medical Services Rules and Regulations identify the County's role in providing or ensuring the provision of Emergency Medical Services. The County's Franchise Ordinance and EMS System Plan provide a framework for other agencies to assist in providing services. Participation in the provision of medical services is subject to review by County staff and requires the approval of the Board of County Commissioners. The County maintains responsibility for all the service provided in the county, whether it is directly provided by the County or provided by another entity. Speedway Management also suggested during the February 7 meeting that they may request a combination of fee reductions and other arrangements to offset some of the direct contract cost for County EMS coverage. Details of such requests have not yet been provided to County staff, so no analysis of potential costs or service implications is available. There are currently sixteen (16) racing days scheduled this season. The recommended coverage staff consists of two ambulances, one paramedic, three emergency medical technicians, and a senior officer at each race. The ambulances are staffed with either County EMT's or Squad members and the paramedic and senior officer are County staff. The fees for this coverage are based on worst-case overtime cost for each position class and an amount to offset wear and tear on EMS equipment and vehicles. The established fees are $75 per hour for a Paramedic with equipment, $30 per hour for an ambulance vehicle, $30 per hour for each EMT, and $40 per hour for the senior officer. During racing events in calendar year 2006, the Speedway was not charged any fees for the senior officer, who began staffing racing events midway through the season in an effort to improve the coordination of resources. The contract also calls for payment of an additional one hour of travel time per person per event above the actual time on scene at the Speedway. The racing season is advertised to begin on March 10, 2007. FINANCIAL IMPACT: The established fees are based on full cost recovery at an overtime staffing rate, and should offset the personnel and vehicle use costs. Speedway coverage has an impact on the administrative workload for both the Emergency Management and Revenue Departments. Any reduction in fees or alternative arrangements may result in the transfer of direct County cost for EMS coverage from the Speedway to the regular operating budget for the County EMS, which may reduce the effectiveness of countywide EMS operations. RECOMMENDATION(S): The Manager recommends that the Board approve the attached contract and authorize the Chair to sign the contract for providing EMS services at established fees based on full-cost recovery, contingent upon final review by staff and the County Attorney. STATE OF NORTH CAROLINA ORANGE COUNTY This Agreement dated this day of , 2007, between Orange County Speedway Racing, 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. WITNESSETH 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. The County agrees to provide emergency care providers certified at the Emergency Medical Technician audlor Paramedic level for the scheduled spectator events at the Speedway as outlined in the Orange County Speedway 2007 Schedule. (Attachment A) (collectively the "events" or individually the "event"). The County may, in its sole discretion, immediately cease providing emergency care providers as called for in this 4 Paragraph 1 if Speedway fails to timely compensate the County according to the payment terms contained in Paragraph 4 of this Agreement. 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 Speedway from conducting events. 2. The County agrees to provide two (2) ambulances, one (1) paramedic with equipment, three (3) Emergency Medical Technicians, and one (1) senior emergency services officer for the events. Additional coverage will be negotiated at the time of need, based upon anticipated attendance, at the general rate of one (1) additional EMT per each five -thousand (5000) spectators above ten thousand (10,000) base spectators. Alternately, the County agrees to provide one (1) paramedic with equipment, one (1) ambulance, one (1) Emergency Medical Technician, and one (1) senior emergency services officer for the provision of Advanced Life Support (ALS) care in conjunction with other franchised private Basic Life Support (BLS) EMS resources hired by the Speedway to provide coverage at Speedway events in lieu of County EMS. The County may, in its sole discretion, immediately cease providing equipment and personnel as called for in this Paragraph 2 if Speedway fails to timely compensate the County according to the payment terms contained in Paragraph 4 of this Agreement. Speedway understands that if the County ceases to provide equipment and personnel at events for non-payment or untimely payment to the County, then the County Fire Marshal may prohibit Speedway from conducting events. 3. The County agrees to keep records of patients seen at the Speedway while covering Speedway events under this Agreement and, with the consent of the patient, to provide such records to the Speedway, upon its request. 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 HWPA to the Speedway, upon request of the Speedway and when appropriate. 4. The Speedway shall compensate the County for the full costs incurred by the County for the provision of emergency medical services and equipment provided pursuant to this Agreement, including paying to the County a sum based on a rate of $75.00 per hour per paramedic with equipment, $30.00 per hour per ambulance, $30.00 per hour per each EMT, and $40.00 per hour for a senior emergency services officer plus the actual cost of any additional expense incurred by the County for each event covered. These hours will include preparation'and travel time of one hour for each event for each individual plus the coverage time per event. The county shall submit an invoice for each event to the Speedway no later than four (4) calendar days following each event. Speedway shall submit payment to the County in the manner specified below for each event no later than 48 hours prior to the next scheduled event. If no subsequent event is scheduled, then payment must be made within 14 calendar days of the invoice date. All payments shall be made to the order of the County and mailed to Orange County Revenue Collections, P. O. Box 8181, Hillsborough, N. C. 27278. 5. The personnel providing the emergency medical services shall report to the Speedway at the time agreed upon by the Speedway and the County. Those persons providing emergency medical services under this Agreement who are County employees will operate as employees of the County at all times during the performance of their duties under this Agreement, and shall not be deemed to be employees of the Speedway. County employees providing medical services under this Agreement will exclusively provide medical assessment and care as delineated by the Orange County Medical Director and Orange County. 6. 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: One Million Dollars ($1,000,000) bodily injury each person, One Million Dollars ($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 appropriate documentation of this status to the County 7. The Agreement may be reviewed annually no later than January 1, and may be renewed, modified, or amended at that time, or at any other time, upon the mutual written agreement of the parties. 8. This Agreement may be terminated at any time by either party by giving 90 days notice to the other party in writing. 9. 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 Agreement. The right of immediate termination contained in this Paragraph 9 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 payment as specified in Paragraph 1 & 2. IN WITNESS WIIEREOF, the parties hereto have duly and validly authorized and executed this Agreement as of the date first above written. ORANGE COUNTY SPEEDWAY RACING, LLC By: Vance W. Agee, Member/Manager COUNTY OF ORANGE Moses Carey, Chair, Board of County Commissioners ATTEST: County Clerk This instrument has been pre-audited in the manner required by The Local Government Budget and Fiscal Control Act. Ken Chavious, Finance Officer Orange County, North Carolina