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HomeMy WebLinkAboutAgenda - 04-10-2007-6cORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: April 10, 2007 Action Agenda Item No. ~~ "~„ _ SUBJECT• Orange County Speedway 2007 EMS Coverage Contract DEPARTMENT: Emergency Management PUBLIC HEARING: (Y/N) No ATTACHMENT(S): 2007 Revised 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: As presented at the February 20, 2007 Board of County Commissioners' Meeting, Staff has been working with Management of the Orange County Speedway to develop a plan for Emergency Medical coverage at the Speedway which meets both the County's public safety requirements and the Speedway's economic interests. The North Carolina Fire Prevention Code establishes requirements for public safety planning for indoor or outdoor events such as races that are held at the Speedway. The Orange County Fire Marshal has the authority to require a public safety plan that addresses the need for the presence of EMS, fire protection, and law enforcement personnel. The fire marshal has delegated responsibility for the presence of emergency medical services to EMS, fire protection to the Caldwell Fire Department, and law enforcement to the Sheriff's Office. Each of these agencies worked with the Speedway and the Fire Marshal to plan for appropriate coverage during the 2006 racing season. The Speedway Management worked with the Economic Development Department and the County Manager's office to evaluate alternatives that could reduce the dollar cost of public safety services collectively to the speedway. Speedway Management and County Staff have separately reviewed the arrangements at other racing.facilities in other jurisdictions in North Carolina, and found that for a variety of reasons, no other speedway operators incur the public safety expense that the Orange County Speedway does. Reasons for this disparity include the distance of the Orange County Speedway facility from both EMS and Hospital facilities, the absence of paramedic-level volunteers who are interested in providing medical services as part of the established EMS system, and the established fees which were based on somewhat outdated calculations. 2 In reviewing services for the 2007 racing season, which began on March 10, 2007, several changes have been identified to reduce the costs for the Speedway. For Law Enforcement, the Sheriff has determined that the private security officers employed by the Speedway provide an adequate level of immediate response, and that any further response necessary can be initiated through a call to 9-1-1. By utilizing the existing network of Deputy Sheriffs in the County, there is no cost to the Speedway for dedicated law enforcement personnel on scene. For Fire Protection, the Fire Marshal and Fire Department reviewed the arrangements, and determined that the Fire Department is not needed on scene during the practice sessions, but only once the gates are opened to the public. This change reduces the hours that the fire department spends on scene by approximately fifty percent (50%), which results in a significant cost reduction. For Emergency Medical services (as summarized in bullet form below), the Speedway has assumed responsibility for the initial on-track assessment of drivers after crashes, and the County and Speedway now operate on a single radio frequency which improves coordination. The improved coordination has eliminated the need for a senior medical officer to be present at racing events. The presence of Speedway first responders during the practice sessions has enabled a change for EMS similar to that implemented by the Fire Department. EMS units now arrive at the Speedway when the main gate is opened so that they are in place for the start of racing. This change is anticipated to reduce costs by nearly fifty percent (50%) compared to last year's racing season. Simultaneously, County staff has been working to review the established special event coverage fees that were adopted as part of last year's County budget. Those fees were based on antiquated formulae and attempted to achieve full cost recovery at the highest individual salaries in the class of employees. Staff has recalculated fees and proposes reducing the established paramedic fee from $75 per hour to $55 per hour, increasing the established extra EMT fee from $30 per hour to $40 per hour, maintaining the fee for an ambulance with two EMTs at $90 per hour, and establishing a new fee for an ambulance with a paramedic and EMT at a rate of $100 per hour. The fee adjustment equates to a fifteen percent reduction in the total hourly rate to the Speedway based on the proposed staffing configuration for events. Staff recommends that the adjusted fees be adopted for speedway coverage for the entire 2007 racing season (including the two events which have already occurred), and will also include the adjusted fees for all other events in the 2007-08 budget process later this spring. To summarize the proposed changes for Medical Coverage: • Using Speedway personnel for on-track response /practice (reduces hours and cost) • Transferring management role to Speedway (removes County Senior Officer and cost) • Reducing hours-on-scene to racing events (reduces hours and cost) • Reducing hourly fees (reduces cost) During discussions with Speedway Management, it was also requested that the Speedway be allowed to use independent contract 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 staff about the requirements for obtaining a County franchise to provide first-responder services at Speedway events. County Staff remains willing to assist the Speedway in obtaining franchising to operate as part of the county's EMS System. North Carolina Office of Emergency Medical Services Rules and Regulations identify the County's role in providing or ensuring the provision of public 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 to the public is subject to review by County staff and requires the approval of the Board of County Commissioners. The County maintains responsibility for all the public service provided in the County, whether it is directly provided by the County or provided by another entity. Medical service that is provided strictly for private purposes is not included in the County's oversight, so private businesses are able to establish programs for medical response outside of the County's EMS System. This sort of arrangement is common in industrial facilities, where there are frequently on-site response teams who are not part of the county EMS System. This is also the same provision that allows the Speedway to employ their own responders for on-track incidents (since the track and pits area are not "open to the public"). There are currently fourteen (14) remaining racing days scheduled this season. The recommended coverage staff consists of two ambulances, one paramedic, and three emergency medical technicians at each race. The ambulances are staffed with either County EMT's or Squad members, and the paramedics are County staff. The paramedic acts as the on-scene manager for EMS resources and is empowered to request additional resources if necessary. By stationing two ambulances at the Speedway, appropriate medical service is still available on-site even if one of the units is occupied in transporting a patient to the hospital. The contract also calls for payment of an additional one-half hour of travel time per person per event above the actual time on scene at the Speedway. The racing season began March 10, 2007, with a second race on March 17, 2007. The next race is scheduled for April 21, 2007. FINANCIAL IMPACT: The proposed revised fees reflect full cost recovery at the average position salary 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. RECOMMENDATION(S): The Manager recommends that the Board authorize the Chair to sign the contract upon review by the County Attorney. STATE OF NORTH CAROLINA ORANGE COUNTY This Contract 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: The County agrees to provide emergency care providers certified at the Emergency Medical Technician and/or 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 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, and three (3) Emergency Medical Technicians 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. 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 contract 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 HIPPA 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 contract, including paying to the County a sum based on a rate of $100.00 per hour per ambulance with one EMT and one paramedic with equipment, $90.00 per hour per ambulance with two EMTs, and $40.00 per hour per each additional 6 EMT 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-half (1/2) 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 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. The personnel providing emergency medical services under this contract will operate as employees of the County at all times during the performance of their duties under this Agreement, not employees of the Speedway, and writ 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 6 ($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 contract 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 contract 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 parry may immediately terminate the contract. 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 WHEREOF, the parties hereto have duly and validly authorized and executed this contract as of the date first above written. ORANGE COUNTY SPEEDWAY RACING, LLC By: Vance W. Agee, Member/Manager COUNTY OF ORANGE Moses Carey, Chair, Soard 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 9740 NC Hwy 57, Rougemont, NC 336-364-1222 phone 2007 Race Schedule (subject to revisions) FLASH! August through September - NC State, Duke & UNC students, faculty & staff admitted for half-price with picture ID! March 3 TEST &, TUNE 1:00 pm - ; -- March 10 2 pm Green Flag •LMSC 150, LSC 50, GS 35, PS 20, Mod4s 25, SS 25, Rolling -,~v f ;- "~~~?%~' r ~~ March 17 2 pm Green Flag -LMSC Twin 75, LSC 50, GS 35, PS 20, Mod4s 25, Allison Legacy . ~, - --~~ ~~GGxxti ~ Series 50 : 4 April 21 2 pm Green Flag - ISCARS 150, LSC 50, GS Twin 35, PS 20, Mod4s 25, SGP-S 25, SGP-M 25, SS 25, East Coast Flatheads 20 ~~ ~ May 5 LMSC 150, LSC 50, GS 35, PS 20, SS 25 ~ .- May 19 Coke-Cola 355: LMSC Twin 75, LSC 50, GS 35, SS 25, VA Mini-cup 25, East Coast ~% Flatheads 20, Rolling Thunder Modifieds 50 June 9 LSC Twin 50, GS 35, SS 25, Allison Legacy Series 50 June 16 LMSC Twin 75, LSC 50, GS 35, SGP-S 25, SGP-M 25, SS 25, Rolling Thunder Modifieds 50, VA Mini-cup 25 ~ ~~`~` June 30 LMSC 150, LSC 75, GS 35, SS 25, Allison Legacy Series 75 ,S'auucoti~td :~: Juiy 7 Fireworks, LMSC 200, LSC 50, GS 50, SS 25, VA Mini-cup 25 336-226-6277 drgwalbunelpgM.ne1 July 28 LMSC Twin 75, LSC 50, GS 35, SGP-S 25, SGP-M 25, SS 25, Rolling Thunder Modifieds 50 August 11 ASALM 125, LSC Twin 50, GS 35, SGP-S 25, SGP-M 25, SS 25 IRE'S August 25 Dr. Pepper 385: LMSC Twin 75, LSC 50, GS 35, SS 25, VA Mini-cup 25, Rolling Motorsports soo-691-R-P,cE Thunder Modifieds 50, SGP-S 25, SGP-M 25 Professfonat Rac/nr~ Fqulpment September 22 LMSC 150, LSC Twin 50, GS 35, SGP-S 25, SGP-M 25, SS 25, VA Mini-cup 25, Allison Legacy Series 50 - b 6 Rolling VA Mini-cup 25 SS 25 GS Twin 35 LSC 50 -LMSC 150 m Green Fla 2 ® Octo er , , , , , g p Thunder Modifieds 50 October 20 2 pm Green Flag •LMSC Twin 100, LSC 75, GS 35, SGP-S 25, SGP-M 25 November 3 2 pm Green Flag -CHAMPIONSHIP NIGHTfor LMSC 300 and LSC 50 with racing by SGP-S 25 &SGP-M 25 Racing General Admission: Adults $10, Students $8, 10 8 under Free, VlP Tower Seating $25. Note Special Event Prices on April 21, July 7, Aug. 11 & Nov. 3: Adults $15, Students $10, 10 & under Free) Races Start at 7pm except as noted. 12 inch coolers allowed. No glass pleasel Family seating in Turn 1. 2007 Tarheel Sports Car Club Rally Cross Events Free admission! For more info contact email - rallycross@thscc.com ~~~ ~ ~ March 24 Rally Cross School. Come experience the thrill! (raindate April 14) Qp ~ ~ Q March 25 Rally Cross Race (rain date April 15) P~Se ~~ ~lglf W@bSl~t3 - ~1SCC.COItt =~ ~` ~ ~ August 11 Rally Cross Race fOf 8dd160f1a~ IIIfO!1't1~100. September 22 Rally Cross Race (rain date Sept 29)