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HomeMy WebLinkAbout2014-250 Emergency Svc - Orange Rural Fire Department for Use Agreement of Substation ORANGE COUNTY-ORANGE RURAL FIRE DEPARTMENT USE AGREEMENT FOR EMERGENCY MEDICAL SERVICES SUBSTATION This Use Agreement for Emergency Medical Services (EMS) Substation (this "Agreement"), made and entered into the _19th_ day of _March_, 2013 (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 Orange Rural Fire Department, a not for profit corporation ("Fire Department"), located at 206 South Churton Street,Hillsborough 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 135,776, lending to a total system can volume, emergency and non-emergency,of 13,445; and WHEREAS, the County desires to locate an Emergency Services substation at the Orange Rural Fire Department's Fire Station #2 located at 835 Phelps Road, Hillsborough, North Carolina to better serve the residents in Northern Orange County; and 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 begin on the Effective Date and expiring on March 1, 2014, and shall be automatically extended for three 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 Orange Rural Station #2 to be used as an Emergency Medical Service Substation ("Substation"). The Fire Department shall provide: i. Storage space for emergency medical services supplies. ii.Space within the bay area for one (1) ambulance. {00042638.DOC 31 iii. Shared working quarters for-up to three (3) OCES ambulance crew personnel who will staff the ambulance. iv. Access to parking for the ambulance crews personal vehicles. vAccess to electrical power for ambulance shorelines. Material and labor costs will be provided and funded by the County. 1. Installation will be performed by a licensed electrical contractor. Vi. Access to the Fire Station by OCES ambulance crews. vii. Use of the 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. iiBuilding up-fits for ambulance shorelines at the Phelps Road fire station; 1. Up-fits will be performed by a licensed electrical contractor. iii. 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). iv. Medical Supplies to support and maintain the substation. v.Logistical Supplies. Small refrigerator, storage Cabinet, and lock box for narcotics or other paramedic legitimate drugs. vi. Payment. $500 per month,not to exceed$6,000 per year. Payment is inclusive of all utilities and normal and typical maintenance. 3. Repairs. The Fire Department shall provide for their normal and typical maintenance to the premises (i.e., lighting, filters, other). Any damages caused by the Fire Department shall be repaired and paid by the Fire Department, and any damages caused by the County shall be repaired and paid by the County. OrmcpCarky-OraV RLrd Fi reDqoatrrat S tdatim Aganut Pa@92 d 6 a. If a determination on who caused the damage cannot be readily identified by the station crew, the Fire Department Chief and Emergency Services Director will meet to reach an amicable decision. b. The Fire Department Chief and Emergency Services Director will meet to reach an amicable decision on cost sharing for repairs to major appliances (bay doors,toilets,washer/dryer,etc.). 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 Fire Department 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 OCES crew will maintain a clean and sanitary work and meal area environment. County agrees to that Emergency Services personnel shall comply with all applicable Fire Department policies and facility rules while at the Phelps Road Station. Emergency Service personnel shall comply with any County facility use policy when it is 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 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 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 OraxpCariy-Orag9Riral FireDqoatmartSlbdEtimAgeru# Pag-,3 d 6 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. 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. 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. 14.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. 15.Assignment. The Parties agree not to assign this Agreement, to any other party without the prior written consent of the other Party. 16.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. 17. 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. 18.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 Fire Department. All notices required and/or made pursuant to this Agreement to be given to the County and the Provides shall be in writing and mailed to the party addressed as follows: County: OraigaCaxty-OrwgBRurai FireDqoatm3tSlWdimAgenrst Pap4 d 6 Director Emergency Services Department Orange County Post Office Box 8181 510 Meadowlands Drive Hillsborough,NC 27278 Fire Department: Fire Chief Orange Rural Fire Department Post Office Box 1511 206 South Churton Street Hillsborough,North Carolina 27278 19Entire 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 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. 20.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. 21. 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. IN WITNESS WHEREOF, the Orange County and Orange Rural 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. Ora-(pCaxiy OraxpRiral FireDqoatrrst&tdatim Agmrat Pa,p5 cf 6 For and on behal f of Orange Rural R re Department Lt AAIT w 1-4Z, J � TP;1ma-f-, p,(� Date title (f� Attest- Name Title For and on b"f of Orange County Government 7 /.l / M r_,9, i 49-418 s--- /County ager Date Approv o content Ja E. Groves,Director Date E ergency Services This instrument has bean pre•audi ted in the manner required by the Loral Government Budget and Fiscal Control Act J Cl arence Gri er,Asst. County Manager/ CFO Date At as m and legal suffi d envy An ette M. Moore,Staff Attorney Da Oraig--Caxty-OraxpRural FireDqoatmait-%Wa imAgwrot Pap6 d 6 ® DATE(MM/.')'1-,,1y,,.. ACORL7 CERTIFICATE OF LIABILITY INSURANCE 1/2/201.4 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER, IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED,the pollcy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(a), _ PRODUCER NAME: J. DAVID BALLARD BALLARD AGENCY INC PHONE C N EXI: (919)732-2158 ac No):(919)732-9636 PO Box 1559 rf ADDRESs:ballard @ballarda encyinc.com Hillsborough, NC. 27278 INSURER(S) AFFORDING COVERAGE onlce INSURER A:VOLUNTEER SAFETY WORKERS COMPENSATION FUND INSURED ORANGE RURAL EIRE DEPARTMENT #1, INC. INSURER B: PO BOX 1511 INSURER C: HILLSBOROUGH, NC 27278 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER; THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY f'I:;10D INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH l IIII, CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR R POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSO VIVO POLICY NUMBER MWDD/YYYY MMIDD/YYYY LIMITS --`_ COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ _ DOMotz IV KEN It' CLAIMS-MADE FI OCCUR PREMISES Ea occurrence $ MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ POLICY F—]PRO- F7 LOC PRODUCTS-COMP/OP AGG $ - JECT OTHER: ---- AUTOMOBILE LIABILITY Ea accident $ ANYAUTO BODILY INJURY(Per person) $ _ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS —- HIRED AUTOS AUTOSWNED Per accident $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAR HCLAIMS-MADE AGGREGATE $ DED I I RETENTION$ $ — WORKERS COMPENSATION X STATUTE ER _ AND EMPLOYERS'LIABILITY YIN ANY PROPRIETORIPARTNER/EXECUTIVE 911—710-0 7/1/13 7/1/14 E.L.EACH ACCIDENT $ 100 r 000 A OFFICER/MEMBER EXCLUDED? 2:1 NIA (mandatory In NH) E.L.DISEASE-EA EMPLOYE $ �.(�O ,000 Ryyes desu 0 ibeuntler rr DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) CERTIFICATE HOLDER CANCELLATION ORANGE COUNTY SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCEt I ED 13EFORE PO BOX 8181 THE EXPIRATION DATE THEREOF, NOTICE WILL BE OLIVE RED IN HILLSBOROUGH, NC 27275 ACCORDANCE WITH THE POLICY PROVISIONS. AUT IZED REPRESENTATIVE V ©1988-2013 ACORD CORPORATION. All rights reserved. ACORD25(2013/04) The ACORD name and logo are r gistered marks of ACORD 07/08/2014 19:54 9197329636 PAGE 01 ORANG-3 OP IU_:WS ���-•�I_0� DATC IMMIDO; .ti"I-F CERTIFICATE OF LIABILITY INSURANCE 0410912014 THIS CERTIFICATE 10 I ourD AG A MATTMR OF INFORMATIAN nNLY AND CONFERS NO RIGHTS UPON THE CERTIFICATIF HOLDER THIS CERTIFICATE DOE5 NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE PC!Iclts BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER, IMPORTANT. If the certificate holder Is an ADDITIONAL INSURED,the pollcy(Jes)must be endorsed. If SUBROUA I PON IS WAIVED,sub;7__(v the terms and conditions of tho policy,certain pollclas may require an endorsemont• A statement on this CGrUfloate does not confer rlghb3 to t1v) Certificate holder In Ileu of such endorsoment(s). PRODUCER goNenc7 W. -----_____ VFIS of North Carolina NN CloycA Anders -. - P.O.Box 12826 PKONE 919-756.1401 ,q7( arc No Ex11; A/G rya):919-755.19 26 Raleigh,NC 27805 E.MkIC'. •' •• ------ W,CloyCa Anders ADDRESS:� _ IN9UkERIS)APFOROINO COVERAGE nFI( n INSURERA:Amerfcan Alternative Ins.CO, _19720G INSURED Orange Rural Fire Dept'1401 Inc INSURSR0; Jeff Cabe,,Chief ----- P.O.Box 1511 INSURER C Hillsborough,NC 27278 INSLIFMA0 INSUR @R E I INSURER F I .- •.. '-".-- -'-—.__._._ -- COVERI\G65 CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVU FUN IMF POLIGY f'eR cD INDICATFO, NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICr 'HIS CERTIPICATE MAY 13E ISSUED OR MAY PERTAIN, THE INSURANCE APFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE--EFNS, "ULUSIONS AND CONDITIONS OF 3UCI I POLIOIGE,LIMITS SHOWN MAY HAVE RFFN RFOUCED BY PAID CLAIMS. fLTR? TYPOOFINSVRA14CIS POLICY NUMBS V MMIDDYEFF MIDD EXP V LIMITS A X COMMERCIAL6ENERALUA9ILITY EACH OCCURRENCE is !000,00 _ CLAIMS-MADE u OCCUR VFI5-TR-205257t1-U1 04/14/2014 04114/2018 _ R AIS s LA OCeurrencal y s r o lei nnn ,,,_ „ MEbfiXPAnyon9Pnrson�� —_ --5,000 _ PERSONAL BADV INJURY S 1. 90,00 GEN'LAGOREOATE LIMIT APPLIE8PER: - OENFRALAG_OREWE _ b 0,000 POLICY L.,-I J8PT X LOO PRODUCTS-CONPIOP_AGO S _.. .-_..3-.000,00 CTHFR: S AUTOMOBILBLIABILITY bINED•Sf UI. L y -1.,000,00o A X -e gcgidonlJ ,-• -••------- -- ANY AUTO VFIS•CM•1051614.07 04/14/2014 04/14/2015 BODILY INJURY(For pnrron) 5 X AUTOS LU X AUTOSULCD 9MILV IN II11tV(Par,ceklenll S X HIRED AUTOS X NON Por PERT—TnidXGE S UMBRELLA X OCCUR EACH OCCURRENCE S 5,000,00 A X EXCE95 LIN CLAIMS-MADE FIS-TR.2062575-07 04/14/2014 04/14/2015 FAGG & g 10.000,000 _ _- D[D RETGt 16Jp S WORKERS COMPENSATION K V AND EMPLOYERS'LIABILITY TATUTE E ANY PROPRIETOR1PAR7NER/EXECVTIVE Y/N E,L EACH ACCID 5 ENT r1CGIr:FRnlFMRFR RXCLUDED9 ONIA -. (Mandatory In NH) E,I_.DISEASE-E4 RMPI nYFF S If a s,dadadbeunder -' -••• ---- D v RIPTION OF OPERATIONS below RL.DISEASE-POLICY LIMIT •f _ A Real Property VFl9-TR-2052575-07 04114/2014 04/14/2015 Building GRC Personal Proporty FIS-TR-2052575-07 04114/x014 04114/2015 Contents k31kt RC DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES (ACOKO 101,AddlOoRal Rumarka 8040%ila,may be attaspad It moM 80moo Ia mqulrad) Commercial Blanket: Bond with a $900 000 limit. Portable EgWpment On Guaranteed ReplAawment Cost with a 4500 Deductible. Management Liability $1,000,000 Each Wtbngful Act, $3,000,000 Aggregate. Orange County is included ae an JLddi.tienaJ. Tnallrnd per form VGLNCI "Oho Is An XnSured Blanket Additional Insureds", CERTIFICATE HOLDER CANCELLATION SHUVLL)ANY OF THE ABOVE DESCRIBED POLIGIW RC CANCELLSO c c FO RE Orange County THE EXPIRATION DATE THUREOF, NOTICE WILL BE DEUVERED IN P.O.Box 8181 AOOOROANCE WITH 111E POLICY PROVI810NS. Hillsborough,NO 27278 AUTHORIiEOREPRESENTATNE C 1988-2014 ACORD CORPORATION- All rights reservod, ACORD 26(2014101) The ACORD name and logo are registered marks of ACORO 07/08/2014 19:54 9197329636 PAGE �-i2 ORANG-2 NOTEPAD VAGE 2 INSURED'$NAME Orange Rural Fire Dept No4 Inc OP ID:WS e,m 04/09/201 4 arum. 1-1/rir® station located At 834 Phalps Rd., Hillsborough, NC 27276 _ h Building Guaranteed Replacement Coat $2970340, $l,Vuu Deductible contents Blanket Replacement Cost $217,081, $1,000 Deductible Or" A-'/Five station located at 206 S, Churohton St., Hillsborough, NC 27278 Building Not Covered Contents Blanket Replacement Coat $217,081, $1,000 Deductible Pr6m. 2-2/storage located at 206 s. Churchton St., Hillsborough, NC %,tz,/a Building Guaranteed Replacement Cost $39,688, $1,000 Deductible Contenta Blanket Replacement Cost $217,081, $1,000 Deductible Prom, 3-1/Fire Station located At 2510 walker Rd. , Hillsborough, NC 27278 Building Guaranteed Replacement Cost $297,440, $1,000 beductible Contents Blanket Replacement Cost X217,081, $1,000 Deductible 1 i I i f i I f i