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established fees which were based on somewhat outdated calculations.
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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
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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
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($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
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~~ March 17 2 pm Green Flag -LMSC Twin 75, LSC 50, GS 35, PS 20, Mod4s 25, Allison Legacy
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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
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Juiy 7
Fireworks, LMSC 200, LSC 50, GS 50, SS 25, VA Mini-cup 25
336-226-6277
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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
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VA Mini-cup 25
SS 25
GS Twin 35
LSC 50
-LMSC 150
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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)