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HomeMy WebLinkAboutAgenda - 12-13-2016 - 7-b - Town of Chapel Hill Fire Department Use Agreement For Emergency Medical Services Substation 1 ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: December 13, 2016 Action Agenda Item No. 7-b SUBJECT: Town of Chapel Hill Fire Department Use Agreement For Emergency Medical Services Substation DEPARTMENT: Emergency Services, Asset Management Services, County Manager's Office ATTACHMENT(S): INFORMATION CONTACT: Town of Chapel Hill Fire Department Use Dinah Jeffries, 919-245-6123 Agreement For Emergency Medical Jeff Thompson, 919-245-2658 Services Substation Travis Myren, 919-245-2308 PURPOSE: To: 1) approve the attached Town of Chapel Hill Use Agreement for the co-located Emergency Medical Services Substation; 2) authorize the County Manager to execute the Agreement; and 3) authorize the County Manager to direct the transfer of appropriated funds to the Town at the appropriate time in accordance with the Agreement. BACKGROUND: In 2014 the Chapel Hill Fire Chief approached the County's Emergency Services Director to discuss a partnership in the building of a new co-located Fire/Emergency Medical Services (EMS) station on the current site of Chapel Hill Fire Station #2 on Hamilton Road within the Glen Lennox Subdivision of Chapel Hill. The Orange County Board of Commissioners appropriated $500,000 in the FY2016-17 Capital Investment Plan to contribute to this co-located Fire/EMS Station. On February 8, 2016 the Chapel Hill Town Council agreed to prepare a process and costs for a Development Agreement for redevelopment of the proposed co-located station. The Chapel Hill Town Board authorized a final agreement transferring the Town's interests in the property at 1003 South Hamilton Road, consistent with the Memorandum of Understanding and consistent with a total Town monetary contribution of$1 million toward the Fire Station. Staff from Emergency Services, Asset Management Services, and the Manager's Office has met with the Chapel Hill Fire leadership to discuss and agree upon the terms of a co-location use agreement. The attached Town of Chapel Hill Fire Department Use Agreement For 2 Emergency Medical Services Substation has been reviewed by all parties including the Town and County Attorneys. FINANCIAL IMPACT: The cost to the County will be $520,000 of which $500,000 was allocated in the 2016/17 Capital Investment Plan. The remaining $20,000 was allocated in Budget Amendment #2 on October 18, 2016 after the developer constructing the facility requested additional funding from the Town and the County due to rising construction cost estimates related to the fire and EMS portions of the building. SOCIAL JUSTICE IMPACT: The following Orange County Social Justice Goal is applicable to this item: • GOAL: ENSURE ECONOMIC SELF-SUFFICIENCY The creation and preservation of infrastructure, policies, programs and funding necessary for residents to provide shelter, food, clothing and medical care for themselves and their dependents. Building the Fire/EMS Station provides continued ambulance service to the Southern Orange community and to allow efficient utilization of resources. RECOMMENDATION(S): The Manager recommends the Board: 1) approve the attached Town of Chapel Hill Use Agreement For the co-located Emergency Medical Services Substation; 2) authorize the County Manager to execute the Agreement; and 3) authorize the County Manager to direct the transfer of appropriated funds to the Town at the appropriate time in accordance with the Agreement. 3 NORTH CAROLINA ORANGE COUNTY TOWN OF CHAPEL HILL FIRE DEPARTMENT USE AGREEMENT FOR EMERGENCY MEDICAL SERVICES SUBSTATION This Use Agreement for Emergency Medical Services (EMS) Substation ("Agreement"), made and entered into the day of December, 2016 (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 Town of Chapel Hill (ToCH) located at 403 Martin Luther King Jr. Blvd, Chapel Hill, North Carolina, 27514 through the Chapel Hill Fire Department (CHFD) 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 133,801, 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 CHFD Station #2 at 1003 S. Hamilton Road, Chapel Hill to better serve the residents in southern Orange County; and NOW, THEREFORE, in consideration of the above and the mutual covenants and conditions hereafter set forth, the Parties agree as follows: 1. Term of the Agreement. The term of this Agreement shall begin on the Effective Date and shall remain in effect until discontinued by either party,but no sooner than twenty years after the County and CHFD have occupied the new Station 2. Discontinuance shall occur 365 days after either party provides the other written notice of its intent to discontinue this agreement. Should this agreement be discontinued both parties shall work collectively to develop a mutually acceptable buy-out plan to satisfy the investments of both parties. 2. Scope of Agreement. 4 a. CHFD shall create and provide space designed and approved in conjunction with OCES within the proposed Station #2 to be used as an Emergency Medical Service Substation ("Substation"). CHFD shall provide: i. Storage space for emergency medical services supplies. ii. Space within the bay area for one (1) ambulance. iii. Shared working quarters for up to three (3) OCES ambulance crew personnel who will staff the ambulance. 1. To include: a. Two dedicated bedrooms (one single occupancy and one double occupancy) b. Shared office space for reports and other work c. Shared access to kitchen, bathroom facilities, fitness facility, and living/day room space. iv. Access to parking for the ambulance crew's personal vehicles. v. Access to electrical power for ambulance shorelines. vi. Access to the Fire Station by OCES ambulance crews. vii. Use of the landline telephone. viii. Use of open WiFi connection. ix. Use of hardline Ethernet connection for County computer. 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. 1. Instances which would require occupancy and use by more personnel or equipment shall be approved in advance by the CHFD Fire Chief. ii. 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). iii. Medical Supplies to support and maintain the substation. Orange County-Chapel Hill Fire Department Substation Agreement Page 2 of 7 5 iv. Logistical Supplies. Storage cabinet and a lock box for narcotics or other paramedic legitimate drugs. 3. Payment. Orange County agrees to pay $520,000 to the Town of Chapel Hill at authorization of this agreement. 4. Assignment of Future/Shared Costs. All future building usage costs to include building maintenance, utilities, renovations and the like will be based on the following proportion related to square footage usage: a. Chapel Hill Fire Department- 74 percent b. OCES- 26 percent 5. Utilities. Monthly utilities to include electricity, water/sewer, telephone, natural gas, and diesel for the emergency generator shall be shared equitably between the parties based on the shared cost formula. 6. Repairs. CHFD shall provide for their normal and typical maintenance to the premises (i.e., lighting, filters, other). Any damages to the premises caused by CHFD shall be repaired and paid by CHFD, and any damages to the premises caused by the County shall be reported to the Fire Chief, or his/her designee. Costs associated with repairs due to action by the County shall be paid by the County upon request from the Town. Both parties agree to look to their applicable insurance policies for coverage prior to seeing reimbursement from the other party for any damages to their property caused by the other party. a. If a determination on who caused the damage which is not covered by insurance cannot be readily identified by the station crew, the Fire Department Chief and Emergency Services Director will meet to reach an amicable decision. 7. Expense Reconciliation. CHFD will invoice OCES for expenses monthly, quarterly, or some otherwise agreed upon frequency. OCES will reconcile with CHFD within a normal business cycle. Invoices will be sent to the OCES Director for review and approval prior to payment. 8. Improvements. No substantial alteration, addition or improvement to the premises shall be made by the County without the written consent of CHFD. 9. 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 CHFD 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. Orange County-Chapel Hill Fire Department Substation Agreement Page 3of7 6 10. Fire Department Policies. The OCES crew will maintain a clean and sanitary work, living and meal area environment. County agrees to that Emergency Services personnel shall comply with all applicable CHFD policies and facility rules while at Station #2. Emergency Service personnel shall comply with any County facility use policy when it is stricter than CHFD rules. CHFD and OCES administrators will coordinate and set forth mutually agreed upon rules and expectations related to personnel management and set forth cleanliness expectations in this new relationship. Issues shall be immediately reported to the administrative level for coordination. 11. 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 CHFD can repossess the property no later than Noon on the day upon which this Agreement ends. 12. Right of Entry. The County use of the premises is not exclusive. CHFD 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 CHFD 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, CHFD may enter the premises by such means as may be appropriate, including forcible entry, without rendering CHFD or such agents liable therefore (if during such entry CHFD or its agents shall accord reasonable care to the County's property), and without in any manner affecting the obligations and covenants of this Agreement. 13. Hold Harmless from Liability. Neither CHFD nor 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 CHFD or the County of the consequences of its own negligence to the extent provided by law. 14. Amendments. Any amendments or revisions to this Agreement must be approved in writing by the Parties and attached to this Agreement. 15. Insurance. CHFD shall maintain fire insurance on the building and CHFD equipment and property in which the premises is located. The County shall maintain fire and casualty insurance covering the County's equipment and other County property located in the premises. Orange County-Chapel Hill Fire Department Substation Agreement Page 4of7 7 16. Relationship of the Parties. The Parties are and shall remain independent contracting parties and are not partners. This Agreement does not constitute a joint venture 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 CHFD. Personnel of CHFD shall not be employees or have any contractual relationship with the County. All personnel for both parties 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. 17. 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. 18. 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. 19. Assignment. The Parties agree not to assign this Agreement, to any other party without the prior written consent of the other Party. 20. 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. 21. 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. 22. 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 CHFD. All notices required and/or made pursuant to this Agreement to be given to the County and CHFD. All notices required and/or made pursuant to the Agreement shall be in writing and mailed to the party addressed as follows: Orange County-Chapel Hill Fire Department Substation Agreement Page 5 of 7 8 23. County: Director Emergency Services Department Orange County Post Office Box 8181 510 Meadowlands Drive Hillsborough,NC 27278 Fire Department: Fire Chief Chapel Hill Fire Department 403 Martin Luther King,Jr Blvd. Chapel Hill,North Carolina 27514 24. Entire Agreement. This Agreement, including any referenced attachments, constitutes the entire Agreement between 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 CHFD 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 CHFD. 25. 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. 26. 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. [SIGNATURE PAGE TO FOLLOW] Orange County-Chapel Hill Fire Department Substation Agreement Page 6 of 7 9 IN WITNESS WHEREOF, the Orange County and Town of Chapel Hill 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 of the Town of Chapel Hill Name Date Roger Stancil,Town Manager Attest: Name Date Title For and on behalf of Orange County Government Bonnie Hammersley, County Manager Date Approved as to technical content Dinah Jeffries, Director Date Emergency Services This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act Gary Donaldson, CFO Date Approved as to form and legal sufficiency Annette M. Moore, Staff Attorney Date Orange County-Chapel Hill Fire Department Substation Agreement Page 7 of 7