HomeMy WebLinkAbout2015-678-E ES - Orange Speedway Contract.pdf, 2015 Speedway Operations Agre
STATE OF NORTH CAROLINA
ORANGE COUNTY
This Contract dated this 1st day of April 2015, between Orange County Speedway
Management, 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. Scope of Services.
a. The County agrees to provide emergency care providers (either directly or
through subcontractors) certified at the Emergency Medical Technician
(“EMT”) and/or Paramedic level for the scheduled spectator events at the
Speedway as outlined in the “2015 Orange County Speedway Schedule of
Events” which is attached as Exhibit A and incorporated herein by
reference (collectively referred to as the “events” or individually the
“event”).
b. The County agrees to provide one (1) North Carolina Certified ambulance
that is franchised to provide ambulance services in Orange County.
Additional ambulance coverage may be provided for by the County, for an
additional fee, based upon anticipated attendance or risk.
c. The ambulance shall be staffed with one paramedic and one EMT.
Additional coverage emergency service personnel will be negotiated from
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time to time based upon anticipated attendance or risk. The County shall
provide emergency medical services as provided in Exhibit B, “Speedway
EMS Operations 2015,” which is attached and incorporated herein by
reference.
d. Patient Records. The County agrees to keep records of patients seen at the
Speedway while covering Speedway events under this Agreement;
however, in no event will the County provide patient identifiable
information to the Speedway from such records unless it is either
permitted by law or the patient has provided written consent to the
disclosure. 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 state and federal law to the Speedway, upon
request of the Speedway.
2. Stoppage of Services. When vehicle operations on the track directly affect patient
care, the County for safety and operational needs shall request stoppage of vehicle
operations. The Speedway agrees to stop vehicle operations on the track at any
time if requested by the Orange County Paramedic in attendance at an event, the
Fire Marshall or the Emergency Services Director. In addition, the Speedway will
stop vehicle operation on the track in the event the ambulance leaves the
Speedway to transport a patient until such time as the ambulance returns to the
Speedway.
3. Compensation. In accordance with the “Orange County EMS / Orange County
Speedway 2015 Fee Schedule, which is attached as Exhibit C and incorporated
herein by reference,” the Speedway shall compensate the County for emergency
medical services and equipment as provided in this Agreement.
a. Orange County shall be compensated on a per hour basis as provided in
Exhibit B for each EMT, paramedic or ambulance plus be compensated
for the actual cost of any additional expense incurred by the County for
each event covered.
b. The total number of hours worked will include preparation and travel time
of one-half (1/2) hour to and from each event for each individual plus the
coverage time per event. The arrival and departure time of the emergency
medical services personnel and equipment at the events shall be as
provided in Exhibit B unless otherwise agreed to in writing by the parties.
c. Personnel providing the emergency medical services shall report to the
Speedway at the time agreed upon by the Speedway and the County. Such
personnel shall “clock-in” upon arriving at the Speedway and “clock-out”
upon leaving the Speedway on a form designated for such purpose.
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d. The County shall provide the Speedway with an invoice for payment after
each event. The Speedway shall submit payment to the County at the
address specified below no later than 14 days after receipt of an invoice
from the County. All payments shall be made payable to Orange County
and mailed to Orange County Revenue Collections, PO Box 8181,
Hillsborough, NC 27278.
4. Termination.
a. This contract may be terminated at any time by either party by giving 30
days notice to the other party in writing.
b. The County may, in its sole discretion, immediately cease providing
equipment and emergency care personnel as provided in this Agreement if
the Speedway fails to timely compensate the County according to the
payment terms contained in Paragraph 3. The 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 the Speedway from conducting
events.
c. 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 contract. The right of immediate termination contained in
this paragraph 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 payments specified in subparagraphs (b) above.
d. In the event of termination, the County shall be paid that portion of the
fees and expenses that it has earned to the date of termination.
5. Insurance. 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: $1,000,000
bodily injury each person, $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.
b. The minimum insurance rating for any company insuring the Consultant
shall be Best's A-. If the Consultant does not meet the insurance
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requirements, it is suggested that the County's Risk Manager be consulted
prior to finalizing this Agreement.
c. All insurance policies required under this Agreement shall name the
County as an additional insured party. Evidence of such insurance shall
be furnished to the County, together with evidence that each policy
provides that the County shall receive not less than thirty (30) days prior
written notice of any cancellation, non-renewal or reduction of coverage.
d. Indemnity. To the fullest extent permitted by laws and regulations, the
Speedway shall defend, indemnify and hold harmless Orange County and
its officials, agents, and employees from and against all claims, damages,
losses, and expenses, direct and indirect arising out of or resulting from
this Agreement, including but not limited to the Speedway’s operation of
the events and the Speedway’s maintenance of the raceway facility, or the
actions of the Speedway or its officials, employees, volunteers and
contractors. This indemnification shall survive the termination of this
Agreement. It is the intent of this provision to require the Speedway to
indemnify the County to the fullest extent permitted under North Carolina
law.
6. Amendments to the Agreement. This contract may be renewed, modified, or
amended upon the mutual written agreement of the parties.
7. Relationship of the Parties. The personnel providing emergency medical services
under this Agreement, who are employed or subcontracted by the County, will
operate as employees or agents of the County at all times during the performance
of their duties under this Agreement and will exclusively provide medical
assessment and care as delineated by the Orange County Medical Director and
Orange County.
8. Limitation and Assignment. The County and the Speedway each bind
themselves, their successors, assigns and legal representatives to the terms of this
Agreement. Neither the County nor the Speedway shall assign or transfer its
interest in this Agreement without the written consent of the other.
9. Governing Law. This Agreement and the duties, responsibilities, obligations and
rights of respective parties hereunder shall be governed by the laws of the State of
North Carolina. Consultant shall at all times remain in compliance with all
applicable local, state, and federal laws, rules, and regulations including but not
limited to all anti-discrimination laws. Pursuant to the terms of North Carolina
General Statute 153A-449(b) no county may enter into a contract with a
contractor unless the contractor and the contractor’s subcontractors comply with
the requirements of Article 2 of Chapter 64 of the North Carolina General
Statutes. Where applicable, failure to maintain compliance with the requirements
of Article 2 of Chapter 64 of the General Statutes constitutes Consultant’s breach
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of this Agreement. By executing this Agreement Consultant affirms Consultant is
in compliance with Article 2 of Chapter 64 of the North Carolina General
Statutes.
10. 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 and it is agreed by the parties
that no other court shall have jurisdiction or venue with respect to such suits or
actions. The Parties may agree to nonbinding mediation of any dispute prior to
the bringing of such suit or action.
11. Extent of Agreement. This Agreement represents the entire and integrated agreement
between the County and the Speedway and supersedes all prior negotiations,
representations or agreements, either written or oral. This Agreement may be amended
only by written instrument signed by both parties. Modifications may be evidenced by
facsimile signatures.
12. Severability. If any provision of this Agreement is held as a matter of law to be
unenforceable, the remainder of this Agreement shall be valid and binding upon the
Parties.
13. Non-Appropriation. The Speedway acknowledges that County is a governmental entity,
and the validity of this Agreement is based upon the availability of public funding under
the authority of its statutory mandate. In the event that public funds are unavailable and
not appropriated for the performance of County’s obligations under this Agreement, then
this Agreement shall automatically expire without penalty to County immediately upon
written notice to Speedway of the unavailability and non-appropriation of public funds. It
is expressly agreed that County shall not activate this non-appropriation provision for its
convenience or to circumvent the requirements of this Agreement, but only as an
emergency fiscal measure during a substantial fiscal crisis.
In the event of a change in the County’s statutory authority, mandate and/or mandated
functions, by state and/or federal legislative or regulatory action, which adversely affects
County’s authority to continue its obligations under this Agreement, then this Agreement
shall automatically terminate without penalty to County upon written notice to Speedway
of such limitation or change in County’s legal authority.
14. Notice. Any notice required by this Agreement shall be in writing and delivered by
certified or registered mail, return receipt requested to the following:
Orange County Orange County Speedway
Attention: Director Emergency Services Attention: Director of Operations
P.O. Box 8181 Post Office Box 107
Hillsborough, NC 27278 Rougemont, NC 27572-8865
15. Signatures. This Agreement together with any amendments or modifications may
be executed electronically. All electronic signatures affixed hereto evidence the
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intent of the Parties to comply with Article 11A and Article 40 of North Carolina
General Statute Chapter 66.
IN WITNESS WHEREOF, the parties hereto have duly and validly authorized and
executed this contract as of the date first above written.
FOR ORANGE COUNTY SPEEDWAY MANAGEMENT, LLC
By: ______________________________________ _____________________
Terry Deal, Director of Operations Date
FOR ORANGE COUNTY, NORTH CAROLINA
By: _______________________________________ _____________________
Bonnie Hammersley, County Manager Date
This instrument has been approved as to technical content.
__________________________________________
James Groves, Emergency Services Director
This instrument has been approved as to form and legal sufficiency.
___________________________________
Annette M. Moore, Staff Attorney
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Exhibit A
2015 Orange County Speedway Schedule of Events
February 28- Media Day and The CARS Tour Practice Open to OCS Late Models and
Limiteds- FREE ADMISSION FOR EVERYONE
March 15- Test and Tune 1 P.M.- 5 P.M. All divisions welcome $10 per person pit entry
March 28- Test and Tune 11 A.M.- 5 P.M. All divisions welcome $10 per person pit
entry
April 11- The 2nd Annual Sherry Love Johnson Memorial- Late Models, Limited, Pure
Stock, Street Stock, Super Mini trucks, and Allison Legacy Series
April 18- The CARS Late Model and Super Late Model Tour- Laps TBD
April 25- Late Models, Limited, Pure Stock, Street Stock, and Super Mini trucks
May 9- The 3rd Annual Paul Ring Memorial Twin 50 Late Models, Limited, Twin 15
Pure Stock, Street Stock, and Super Mini trucks
May 23- Military Appreciation Night All Military/Veterans $5 with ID Late Models,
Limited, Pure Stock, Street Stock, Super Mini trucks and Southern Ground Pounders
May 30- Rain Date
June 13- Kids Ride Along Night Late Models,Twin 20 Lap Limited, Pure Stock, Street
Stock, and Super Mini trucks
June 27- $5 Ladies Night Late Models, Limiteds, Pure Stock, Street Stock, and Super
Mini trucks
July 11- Kids Bike Night Late Models, Limiteds, Pure Stock, Street Stock, and Super
Mini trucks
July 25 Late Models, Limiteds, Pure Stock, Street Stock, Super Mini trucks and Allison
Legacy Series
August 1- The CARS Late Model and Super Late Model Tour Laps TBD
August 8- Kids Ride Along Nigh Late Models, Limiteds, Pure Stock, Street Stock, and
Twin 10 lap Super Mini truck
August 22- Late Models, Limiteds, Pure Stock, Street Stock, and Super Mini trucks
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August 29- Rain Date
September 12- $5 Ladies Night Late Models, Limiteds, Pure Stock, Street Stock, Super
Mini trucks and Allison Legacy Series
September 26- Chad Pergerson and Kevin Bowen Memorial Night Twin 20 Limited
Races Late Models, Pure Stock, Street Stock, and Super Mini trucks So. Ground
Pounders
October 10- KOMA Unwind Modified Madness Series, Late Models, Limiteds, Pure
Stock, Street Stock, Super Mini trucks and Allison Legacy Series.
October 18- TBA
October 24- Track or Treat/Championship Night- Laps for all Divisions TBD Late
Models, Limiteds, Pure Stock, Street Stock, and Super Mini trucks
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Exhibit B
Speedway EMS Operations 2015
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Exhibit C
Orange County Emergency Services/Orange County Speedway
Fee Schedule as Approved
by
Orange County Board of Commissioners
Paramedic $55.00 per hour
Ambulance / EMT / EMT $90.00 per hour
Ambulance / Paramedic / EMT $100.00 per hour
One Advanced Life Support (staffed with one paramedic and one EMT-B)
ambulance will arrive at the speedway approximately thirty minutes before racing
begins to allow time for the crew to get in place in the infield.
All treatment and transport fees apply if a patient is transported to a hospital for
definitive treatment.
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Exhibit B
ORANGE COUNTY EMERGENCY SERVICES
Speedway EMS Operations 2015
Staffing:
x Infield Ambulance – Paramedic / EMT
x Call Sign for OCES Speedway Events is Medic 15.
Equipment:
x Medic 15 will be stocked with Special event ALS equipment
x Medic 15 will have two portable 800 MHz radios, a tough book computer, and
wireless access to the internet.
x A special events report will be initiated prior to the speedway event and the
patient tracking section will be available.
x Each individual will be equipped with a portable radio programmed with
Speedway channels and a functional headset. Staff will receive the programed
portable radio from the main gate at the Speedway. Headsets shall be worn at all
times upon arrival at the speedway. Staff will return to the main gate upon release
from the speedway to return the radios.
x Each individual must wear ANSI compliant “Orange County Emergency
Services” reflective safety vests at all times at the Speedway
Times:
x Medic 15 will leave headquarters at 1800 and will contact communications to
start a Special Event CFS for the Speedway. The completed CFS report will be
provided to Speedway management.
x Medic 15 will arrive fully operational at the track promptly by 1830. The
ambulance should initially report to the main gate. Both providers from Medic 15
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Exhibit B
will clock in at the front gate using the punch clock provided by the Speedway.
The ambulance should then proceed to the back gate and will proceed to the
staging area. Races begin promptly at 1900 and the ambulance should be in place
prior to this time.
x Medic 15 will be released when the race is completed and the back gate is opened.
x Once released by the Speedway staff, both providers will clock out at the main
gate utilizing the punch clock provided by the Speedway.
Arrival / Staging / Check-in:
x Medic 15 shall notify communications when they are enroute to the Speedway,
when they arrive at the venue, when they leave, and when they arrive back at
headquarters.
x Once qualifying is complete, Medic 15 will move to its assigned staging location
behind the wall on the inside of turns one and two. However, race officials have
the authority to stage Medic 15 at a location of their choice. The crew shall find
the OSCAR safety crew members, introduce themselves, and coordinate any
unusual needs or expectations.
x Upon arrival at the track, all EMS personnel will monitor Speedway Ch 1.
x Prior to the start of the first race, the race director will conduct a radio check in,
EMS units shall acknowledge the check-in as called.
Operation:
x During the event, at least one member of the infield crew shall remain inside
Medic 15 at its staging location and shall monitor the Speedway frequency.
x Medic 15 emergency lights shall be turned on when a caution flag is called.
The race director will announce over the radio “put it out, caution,” or similar
words, and warning lights shall be turned on. When the race director
announces “one (lap) to go (before green)”, the warning lights on Medic 15
shall be turned off.
x If there is a wreck on the track, personnel on the safety truck (OSCAR) will
conduct an initial assessment. They or the race director will call for Medic 15
if they believe it is needed. Medic 15 shall not enter the race track unless
requested by the race director. ES personnel shall not enter or work on
the track until all moving race cars and racing activity has been stopped.
x Should anybody approach Medic 15 seeking care, the crew shall provide care
and shall update the race director that they are attending to a patient. (“Infield
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Exhibit B
Medic 15 to tower,” wait for acknowledgement, then “Infield Medic 15 is
busy with a walk-up patient.”). Also update the race director once the patient
is clear or if the patient will need to be transported, and be specific about how
urgent the need is (i.e. will the race need to be stopped for Medic 15 to cross
the track).
x The paramedic may request additional resources via the EMS On-Duty Shift
Commander utilizing primary dispatch.
Termination of Operations:
x Once authorized to clear, Medic 15 shall report to the main gate and both
providers will clock out utilizing the punch clock provided by the Speedway. At
that time, the crew shall notify the race director that Medic 15 has cleared the
Speedway and will contact communications to “clear” from the event.
x Upon arrival at Headquarters, all equipment shall be secured, radios shall be
returned to the charger, and the ambulance shall be left in a state of readiness.
x The medic shall be responsible for completing a special event report form via
WebEOC. The medic shall request a CFS report from communications and will
enter all appropriate times. The medic will leave the CFS report in the EMS Shift
Supervisor door pocket.
x The EMS Shift Supervisor shall ensure that all times are correct according to the
CFS report and attach the CFS report to the WebEOC event page.
x The EMS Shift Supervisor is responsible for ensuring all equipment is delivered
to the logistics staff officer in a state of readiness, ensures all documentation is
accurate for billing purposes, and reviews all reports.
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