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HomeMy WebLinkAboutAgenda - 11-02-2017 - 8-e - Use Agreement between Orange County and the Eno Volunteer Fire Department 1 ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: November 2, 2017 Action Agenda Item No. 8-e SUBJECT: Substation Use Agreement between Orange County and the Eno Volunteer Fire Department DEPARTMENT: Emergency Services ATTACHMENT(S): INFORMATION CONTACT: EMS Substation Use Agreement Dinah Jeffries, 919-245-6123 Kim Woodward, 919-245-6133 Chief Keith Hayes, 919-630-2735 PURPOSE: To approve a Substation Use Agreement between Orange County and the Eno Volunteer Fire Department to house an Orange County Ambulance at Eno Station #2 located at 5501 St. Mary's Road in Hillsborough. This colocation will improve response times in the northeastern section of the County and will allow for the relocation of the Northside Supervisor Unit to a facility that has appropriate sleeping quarters. BACKGROUND: The Emergency Services Department routinely reviews calls for service to determine the most strategic locations for staging ambulance units. Recent data indicates the need to move Medic 5, currently located at Orange Rural Fire Station 2 at Phelps Road, to a more northeastern location to improve response times in that part of the County. The Eno Volunteer Fire Department currently owns a fire station at 5501 St. Mary's Road in Hillsborough that represents a more strategic location for Medic 5. This station provides good access to the community in the northeastern portion of the County, the Highway 70 corridor, as well as providing a sheltered and environmentally controlled atmosphere for an ambulance. However, the facility currently lacks a sprinkler system that would allow staff to sleep in the facility. Emergency Services has negotiated a Substation Use Agreement with the Eno Volunteer Fire Department to collocate in the fire station and share in the cost of installing a sprinkler system. Under the Agreement, the County would provide the initial capital funds to install the system and would be recover half of this investment through eighteen months of forgiven rent. Following the initial eighteen months in the facility, Orange County would contribute $500 per month to the Eno Volunteer Fire Department. The Fire Department would be responsible for maintaining the facility and paying facility operating costs. Medic 5 is currently housed at an Orange Rural Fire Department station on Phelps Road. Moving this unit to the Eno Station allows the Northside EMS supervisor to move from the 2 Revere Road Office which does not have sleeping quarters to the Orange Rural Fire Station previously occupied by Medic 5. The Orange Rural Station also provides the EMS Supervisor with access to a sheltered and environmentally controlled space for their Advance Life Support non-transport response vehicle. FINANCIAL IMPACT: The FY2007-18 Capital Investment Plan authorized $17,940 to install a sprinkler system in the Eno Fire Station. Under the terms of the Substation Use Agreement, Orange County will initially fund the installation of the system. In return, Eno Fire Department will waive Orange County's monthly contribution of $500 for a period of eighteen months. The remaining initial infrastructure set up (information technology, cabinets, supplies, etc.) will not exceed a one-time expense of $4,000 and will be accommodated in the Department's operating budget. SOCIAL JUSTICE IMPACT: The following Orange County Social Justice Goal is applicable to this item: • GOAL: CREATE A SAFE COMMUNITY The reduction of risks from vehicle/traffic accidents, childhood and senior injuries, gang activity, substance abuse and domestic violence. RECOMMENDATION(S): The Manager recommends the Board 1) Approve Substation Use Agreement between Orange County and the Eno Volunteer Fire Department; and 2) Authorize the Manager to execute the agreement upon review by the County Attorney. 3 ORANGE COUNTY-ENO FIRE USE AGREEMENT FOR EMERGENCY SERVICES OPERATING BASE This Use Agreement for Emergency Services Operating Base (this "Agreement"), made and entered into this the day of , 20 (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 its Emergency Services ("ES") Department and the Eno Volunteer Fire Department, a not for profit corporation, located at 5019 Old Hillsborough Road, Durham, NC 27705, ("Fire Department") and both collectively referred to as "the Parties." WITNESSETH: WHEREAS, Orange County through its ES 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 135,776, lending to a total system call volume, emergency and non-emergency, of ; and WHEREAS, the County desires to locate an Emergency Services substation at the Eno Volunteer Fire Department's Station #2, located at 5501 St. Mary's Rd. Hillsborough, North Carolina 27278 to better serve the residents in Orange County. NOW, THEREFORE, in consideration of the above and the mutual covenants and conditions hereafter set forth, the County and Fire Department agree as follows: 1. Term of the Agreement. The term of this Agreement shall be a fiscal year beginning on the Effective Date and expire on , and shall be automatically extended for additional successive one-year terms, unless either Party provides written notice to the other ninety (90) days prior to the end of the term. 2. Scope of Agreement. a. The Fire Department shall provide space within the Eno Fire Station #2 to be used as an Emergency Medical Service Substation ("Substation"). In addition, the Fire Department shall provide: i. Storage space for emergency medical services supplies. ii. Space within the bay for one (1) ambulance. 4 iii. Shared working quarters for up to (3) three ES ambulance crew personnel who will staff the ambulance. iv. Access to parking for the ambulance crew's personnel vehicles. v. Access to electrical power for ambulance shorelines. Material and labor costs will be provided and funded by the County. Installation will be performed by a licensed electrical contractor. vi. Access to Fire Station by ES ambulance crews. vii. Use of a dedicated landline telephone. 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. ii. Building up-fits for ambulance shorelines for ambulances at the Eno Fire Station #2, up-fits to be performed by licensed electrical contractor; iii. Communication equipment as needed. Any modification shall be permanent, and will be left in place if this contract expires (i.e., external antenna, paging/notification system). iv. Medical Supplies to support and maintain the Substation. v. Logistic Supplies. Small refrigerator, storage cabinet, and a lock box for narcotics or other paramedic legitimate drugs. vi. Payment. 1. Orange County will pay Five Hundred dollars ($500) per month, not to exceed Six Thousand dollars ($6,000) per year for use of the substation. Payment is inclusive of all utilities and normal and typical maintenance 2. Orange County shall pay to install a residential 3D Fire Suppression System to comply with the technical codes for the utilization of sleeping quarters at a maximum cost of Seventeen Thousand Nine Hundred Forty ($17,940) dollars. 3. Eno Volunteer Fire Department agrees to waive the monthly payment for a period of eighteen months from the effective date of this agreement for a total waiver of fees of Nine Thousand ($9,000), thereafter Orange County shall pay fees as provided in subsection 1 above. 3. Repairs. The Fire Department shall provide for their normal and typical maintenance to the premises (i.e., lighting, filters, and other). Any damage caused by the Fire Department shall be repaired and paid by the Fire Department and any damage caused by the County shall be repaired and paid by the County. Orange County-Eno Volunteer Fire Department Substation Agreement Page 2 of 6 5 a. If a determination of who caused the damage cannot be readily ascertained by the station crew, the Fire Department Chief and Emergency Services Director will meet to reach an amicable decision. 4. Improvements. No substantial alteration, addition or improvement to the premises shall be made by the County without the written consent of the Fire Department. 5. 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 all Fire Department's 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. 6. Fire Department Policies. The ES crew will maintain a clean and sanitary work and meal area environment. County agrees that ES personnel shall comply with all applicable Fire Department policies and facility rules while at the Eno Fire Station #2. ES personnel shall comply with any County use policies that are stricter than the Fire Department rules. 7. 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 in a manner in the good order and repair in which such property now is, ordinary wear and tear excepted, and shall remove all its property therefrom so that fire Department can repossess the property no later than noon on the day upon which this Agreement ends. 8. Right of Entry. The County use of the premises is not exclusive, the Fire Department 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 Fire Department 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, Fire Department may enter the premises by such means as may be appropriate, including forcible entry, without rendering Fire Department or such agents liable therefore (if during such entry the Fire Department or his agents shall accord reasonable care to the County's property), and without in any manner affecting the obligations and covenants of this Agreement. 9. Hold Harmless from Liability. Neither Fire Department 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 Fire Department or the County of the consequences of its own negligence to the extent provided by law. 10. Amendments. Any amendments or revisions to this Agreement must be approved in writing by the Parties and attached to this Agreement. Orange County-Eno Volunteer Fire Department Substation Agreement Page 3 of 6 6 11. Insurance. Fire Department shall maintain fire insurance on the building in which the premises is located. The County shall maintain fire and casualty insurance covering the County's equipment and other property located in the premises. 12. Relationship of the Parties. The County is an independent contractor of Fire Department. 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 Fire Department. All personnel 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. 13. 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. 14. Assignment. The Parties agree not to assign this Agreement, to any other party without the prior written consent of the other Party. 15. 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. 16. 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, sexual orientation, gender identity, gender expression, familial status or veterans status with reference to any activities carried out by this Agreement. 17. Notice. The Parties hereto agree and understand that written notice, mailed or delivered, to the last known address shall constitute sufficient notice to the County and Fire Department. All notices required and/or made pursuant to this Agreement to be given to the County and the Fire Department shall be in writing and mailed to the party addressed as follows: County: Director Emergency Services Department Orange County Post Office Box 8181 Hillsborough,North Carolina 27278 Fire Department: Fire Chief Eno Volunteer Fire Department 5019 Old Hillsborough Road Durham,North Carolina 27705 18. 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 Orange County-Eno Volunteer Fire Department Substation Agreement Page 4 of 6 7 this Agreement. The County and Fire Department 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 Fire Department unless and until modified in writing and signed by the parties. This Agreement together with any amendments or modifications may be executed electronically. All electronic signatures affixed hereto evidence the consent of the Parties to utilize electronic signatures and the intent of the Parties to comply with Article 11A and Article 40 of North Carolina General Statute Chapter 66. 19. 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. 20. Governing Law: Both parties agree that this Agreement shall be governed by the laws of the State of North Carolina. Provider shall at all times remain in compliance with all applicable local, state, and federal laws, rules, and regulations including but not limited to all state and federal anti-discrimination laws, policies, rules, and regulations and the Orange County Non- Discrimination Policy and Orange County Living Wage Policy (each policy is incorporated herein by reference and may be viewed at http://www.orangecountync.gov/departments/purchasing_division/contracts.php.). Any violation of this requirement is a breach of this Agreement and County may immediately terminate this Agreement without further obligation on the part of the County. This paragraph is not intended to limit and does not limit the definition of breach to discrimination. By executing this Agreement Provider affirms that Provider is and shall remain in compliance with Article 2 of Chapter 64 of the North Carolina General Statutes. By executing this Agreement Provider certifies that Provider has not been identified, and has not utilized the services of any agent or subcontractor, on the list created by the State Treasurer pursuant to G.S. 147-86.58. 21. 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. It is agreed by the parties that no other court shall have jurisdiction or venue with respect to such suits or actions. Binding arbitration may not be initiated by either Party, however, the Parties may agree to nonbinding mediation of any dispute prior to the bringing of such suit or action. IN WITNESS WHEREOF, the Orange County and Eno Volunteer Fire Department 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. [SIGNATURE PAGE, To FOLLOW] Orange County-Eno Volunteer Fire Department Substation Agreement Page 5 of 6 8 For and on behalfofEno Volunteer Fire Department Name Date Chair Name Date Tide—Fire Chief For and on behalfof 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 m the manner required by the Local Government Budget and Fiscal Control Act Gary Donaldson, CTO, Chief Financial Officer Date Approved as to form and legal sufficiency Annette M. Moore, Staff Attorney Date Orange County-Eno Volunteer Fire Department Substation Agreement Page 6of6