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HomeMy WebLinkAbout2017-012 Emergency Svc - Town of Chapel Hill Hamilton Road substation 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 15 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 Jt. Blvd, Chapel Hill, North Carolina, 27514 through the Chapel Hill Fite 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, Carrboto, 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. 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. E 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 Fite Station by OCES ambulance crews. 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 Fite 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-CbapelHfll Fire Department Substation Agreement Page 2 of 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 priot to seeing teimbutsement from the other patty for any damages to their property caused by the other patty. 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 CaantyCbapel HillFim De/w#ment Substation Agreement Page 3 of 10. Fite Department Policies. The OCES am 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 Hiles. CHFD and OCES administrators will coordinate and set forth mutually agreed upon roles 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 threes 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 tendering 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 not 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-Cbapel HrUFire Department SubetakonAgmemmt Page 4 of 16. Relationship of the Patties. The Parties me and shall remain independent contracting parties and me 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 pemritted 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 me 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 Patties 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: Omage County-CbapelHi!lPim Deparlmeal Subsmtion,4&r meal Page 5 of 23. County. Director Emergency Services Department Orange County Post Office Boa 8181 510 Meadowlands Drive Hillsborough, NC 27278 Fite Department. Fite 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 Agteement between the County and CHFD. 25. Sevembility. 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 pats, term or provision held to be invalid. 26. Governing Law. The laws of the State of North Carolina shall govem all aspects of this Agreement In the event that it is necessary for either party to initiate legal action regarding this Agreement, venue shall he m 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-CbapelHUf Fm Deeparfineet Subst hon Agreement Page 6 of 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 6 t/ of hapel Hill i Roger St cil own 1\ anger Date tOWN0 Attest: +t` Name S49A 401h 1't . CX�V4 M; [l , ate• dbuftm CkretzlC 'YgpE4 N\b� Title For an ,Apn behalfofOtange County Government Bonnie Hammetsley, Coi anger D to Approved t chnical contaA( D' hJeffries, Ltor Date Emergency Services This L'rsu mt bps been pre-audited in the manner required by the Local Gov r� me t udg t and Fiscal Control Act 1� Gary .;aldson, CFO Date App ed aUrm andlegal sufficiency AmcAte M. Mo re, Staff Attorney Date Orange County-Cbapel Ht/l Ftm Depa ent Substation Agreement Page 7 of MEMORANDUM TO: PROJECT FILE - THE STATION AT EAST 54 (DEMOLITION OF EXISTING TOWN OF CHAPEL HIIb FIRE STATION#2) �/-�� FROM: JEFF SCOUTEN, ORANGE COUNTY SOLID WASTE MANAGEmnnc-�I� SUBJECT: DECONSTRUCTION ASSESSMENT-FIRE STATION#20003 HAMILTON RD.,CHAPEL HILL) DATE: DECEMBER 39,2016 A deconstruction assessment was conducted today at 2:00 p.m. by me on site at the subject Town of Chapel Hill Fire Station #2 which is to be demolished (and a new station built) as part of the STATION AT EAST 54 project by East West Partners. Also in attendance were Assistant Fire Chief Matt Lawrence and Bill Wiggins who is the Project Manager (PM) with the general contractor, Barnhill Construction. It was noted at the assessment that the structure consists of cinder block (CMU) exterior and interior walls built on a concrete slab foundation so there aren't any wooden or metal stud walls to be deconstructed for salvage. The PM also stated that there are asbestos containing materials (ACM's) in the floor covering under the carpet and possibly in plaster attached to interior walls and metal door frames which would preclude them from reuse. I pointed out to Mr. Lawrence and Mr. Wiggins the fairly sizable amount of metal which must be recycled and which consisted of HVAC ductwork & air handling units, buck bay doors and tracks, steel roof support beams, aluminum cladding/fascia board around the outside perimeter of the building, aluminum gutters & downspouts, and electrical conduit piping attached to the inside and outside of the building. Salvageable items consisting of kitchen appliances (stoves, refrigerators), employee beds and metal lockers are to be removed by the CH Fire Department and re-used in the new fire station. There are some kitchen cabinets that could be salvaged for reuse and Mr. Lawrence has reached out to the Orange County Habitat for Humanity deconstruction coordinator to see if they have any interest in removing those. The GC (Barnhill) has contracted with an OCS W Licensed Hauler (Lloyd Grading and Utilities) to do the building demolition and who will source separate the aforementioned scrap metal which will then be taken to market for recycling. Mr. Wiggins informed me that the demolition of the building will not start until after the asbestos has been removed and that he would let me know when that is so I can go by to observe the source separation of the metal. Mr. Wiggins informed me that he completed the Recyclable Materials Permit (RM Permit) for the demolition permit this morning at the same time as the demolition permit. I asked Mr. Lawrence to remind the Town's Building Inspection/Permits staff to send the RM permit (for the demolition permit)to me to review and approve in accordance with the RRMO Memorandum of Understanding (MOU) between the Town and Orange County (dated 0624/2008). As mentioned above, OCSW enforcement staff will inspect the site over the course of the demolition to ensure that the regulated materials (scrap metal) are recycled pursuant to the RRMO. A completed DECONSTRUCTION ASSESSMENT FORM will be attached tb this document as pmt of the record. DECONSTRUCTION ASSESSMENT FORM SITELOCATION: f/J�/ ' SJj'9J-�J/t/ 7 JMSDIMON: 70—v,1V �PC e CONDUCTEDBY: PROPERTY OWNERBP1B1BUILDER:/.G+9��. DATE: OTHIEESPRES910: ��,�iL—/�a�/i✓-C/ �1l.Yf/iGL �arr89-/ �C> The purpose of Orange County's `deconstruction assessment' is to determine if any regulated recyclable materials are present and to consider what materials are viable for salvage, reuse, or recycling. While full-blown deconstmction involves disassembling either an entire structure or portions of a structure in order to harvest materials for direct reuse or recycling, salvaging certain materials may be a viable option. The following materials were observed during the assessment and can be SALVAGED: ❑ Doors ❑ /Door frames ❑ Millwork ❑ Windows V Windowframes ❑ Porcelain fislpres ❑ Brick ❑ Wood flooring / a H' Cabinets f/Aei�nr� .sxae= VFurniture 13"/Major appliances* ❑ Hot water radiators ❑ Hardware ❑ ❑ 51F / f7� /�—IRVFO /N A6S. ee=1/lrf 577V /01V The following materials were observed and can be diverted to RECYCLING OR REUSE: ❑ Carpeting ❑ Plumbing ❑ Wiring ❑ Asphalt ❑ Appliances ❑ Scmptires ❑ Concrete ❑ Roofing materials (asphalt shingles) The following materials were observed and are considered REGULATED RECYCLABLE MATERIALS and must be sorted for RECYCLING 11 Corrugated ;' Metal (door/window frames); ❑ Wood (unpainted, cardboard gutters, downspouts, exposed untreated, unstained) pipe etc. All regulated recyclable material generated in Orange County shall be recycled (1) unless doing so would pose a threat to public health and safety through exposure to carcinogens and other toxic substances including, but not limited to, lead, asbestos, fuel oils, gasoline, or (2) unless the regulated recyclable material is attached to other material, including other regulated recyclable material, in a way that it is not reasonably possible to separate the regulated recyclable material into its constituent parts or from non- regulated mcyclable material. Regulated recyclable material shall be disposed of through (1) delivery to a recyclable waste center, (2) delivery to a licensed collector of regulated recyclable material, (3) reuse, (4) sale or (5) other means that allow for the safe recycling of the material. Regulated recyclable material shall be separated from other solid waste unless delivered to a Commingled Recycling Facility certified as such in the manner provided for in the ordinance. Take RRMO brochure and current list of licensed haulers. Orange County Solid Waste Management Recyclable Material Permit Application (Applies to Town of Carrboro,Town of Chapel Hill, Town of Hillsborough and rural Orange County) For additional information go to our web-page at: http://orangecountync.goy/recyclIn¢ • A Recyclable Material (RM) Permit is required for all projects and is tied to the issuance of your building or demo permit. • Incomplete and/or unsigned and dated RM permit applications will not be considered & will be returned resulting in a del"of the issuance of your building or demolition permit. • The permit applies only to the project listed below and is valid for as long as the related building or demo permit is active. • Not following Permit conditions Is a violation of the Regulated Recyclable Materials Ordinance iRRMO) and may result in criminal orcivil penalties and may result in the loss of Recyclable Material Col lector's License IFapollcable. • A collector's license is required for hauling regulated construction & demolition debris in vehicles larger than 9,000 lbs. GVW. For additional information on hauler licensing see our web-page at: http://orangecountync.gov/recycling. • All structures 500 SFor larger require a deconstruction assessment before the demo permit can be issued Contact Orange County Solid Waste Enforcementstaff at 919-968-2788X 107or109 to arrange for the assessment. • Regulated material management requirements include: 1. Clean wood waste (not painted, stained, treated), scrap metal, and corrugated cardboard must be recycled and cannot be landfilled. Facilities exist at the Orange County C&D Landfill to recycle these materials at reduced or no tip fee so long as they are kept separate and can be off-loaded separately by the hanks If the materials are comingled together, a penalty of double the tip fee will apply since we do not have the ability to separate them out. 2. Certified C&D material reclamation facilities (MRVs) may be used as an alternate to source separation or bringing them to the Orange County C&D landfill. For a current list of certified facilities, please contact the Enforcement Officer of Orange County Solid Waste Management at 919-968-2788 x 109. 3. C&D materials may not be disposed ofthraugh burning. 4. Land clearing Inert debris (LCID; vegetative debris) cannot be burned and may be brought to the Orange County C&D landfill for recycling at reduced tip fees (currently $18/ton). S. Appliances and tires are banned from all landfills in NC and facilities exist at the Orange County C&D landfill for recycling these Items at reduced tip fees. • Solid Waste enforcement staff may enter the job site to observe if any regulated recyclable materials are being placed In waste containers with other C&D waste materials and if so, a Verification Tag will be placed on the container which must be given to the scalehouse operator at the certfied facility where the container must be token. • The RM permit shall be kept on the job and in the permit box for the duration of the project. • For questions contact the Enforcement Officer at Orange County Solid Waste at 919-968-2788 x 109. 11 have read, understand, and agree to comply with the terms of the Recyclable Material Permit X Date: Applicant Information: Project address: PIN #: Applicant: Owner: Project Address: Owner Address (If different): Contact#: Contact it Job Summary: —Self-haul • Jobsite separation of regulated recyclables and taken to market _Licensed Hauler _ Mixed recycling facility (list below if known) Name of licensed hauler Approved by: Date: Guide to the Recyclable Material Permit Application The Recyclable Material Permit (RM Permit) is required for your Building or Zoning permit by the Orange County Regulated Recyclable Material Ordinance (RRMO), effective October 1, 2002. It applies to all new construction, demolition, renovation, building/tenant upfit, and home improvement projects located within the Town of Carrboro, the Town of Chapel Hill (except that portion located in Durham County), the Town of Hillsborough, and rural Orange County (except for the portion of the City of Mebane located within Orange County). This guide will help answer questions you may have filling out the permit application. You can also find additional and more detailed information at the County's webpage at the following link: ht m://omneecountvnc.eov/recvcline The RRMO requires that the following materials commonly found in construction & demolition (C&D) waste be recycled: • Corrugated cardboard: Three-layered cardboard material with a middle, wavy layer. Non- recyclable cardboard, such as waxed boxes, cardboard adhered to packing material (such as Styrofoam or wooden or plastic supports) and cardboard saturated with motor oil or foodstuffs in its normal use before disposal are excluded from this definition and do not need to be recycled. • Scrap Metal: Examples include rebar, ducts and plenums, copper pipe, tin roofing, aluminum gutters, metal framing studs, conduit and wire, steel or cast iron tubs and sinks. • `Clean' Wood Waste: Framing lumber, roof trusses, plywood, and other "engineered" wood like OSB which is not pressure treated and which is free of paint and stain. • Wooden Pallets (unpainted ends): These may be recycled with 'clean' wood waste (see previous bullet). Separation Requirements for Demolition Activity: Demolition involves handling a lot of wood and metal. While recycling is important, sometimes separating these materials isn't possible. The RRMO requires that materials be recycled unless: "(I) "... doing so would pose a threat to public health and safety through exposure to carcinogens and other toxic substances including, but not limited to, lead, asbestos, fuel oils, gasoline Or (2) "... the material is attached to other material ... in a way that it is not reasonably possible to separate..." (1) Means: • For example, if interior or exterior walls are painted with lead based paint, do not try to remove studs or sheathing for recycling. • For example, if shingles or floor tiles may be asbestos, do not try to remove adjacent rafters or joists for recycling. • For example, if pipe or ductwork may be insulated with asbestos or contaminated with fuel oils, do not try to separate for recycling. i (2) Means: • For example, metal tubs, sinks, pipes, and gutters are reasonably possible to separate; but flashing, drip edges, faucets on porcelain, and door and window hardware typically are not. • For example, usuallyjoists and rafters are possible to separate, but studs and headers are not. II Page 1 I OCSW 'Deconstruction Assessment' (aka pre-demo inspection) The purpose of Orange County's 'deconstruction assessment' faka ore-demolition inspection) is to determine if any regulated recyclable materials are present and to consider what materials are viable for salvage, reuse, or recychng. While full-blown deconstruction involves disassembling either an entire structure or portions of a structure in order to harvest materials for direct reuse or recycling, salvaging certain materials may be a viable option. Salvage is the recovery of building materials for subsequent sale or reuse and may include: • Doors • Doorframes • Millwork • Windows • Window frames • Porcelain fixtures • Brick • Wood flooring • Cabinets • Furniture • Major appliances • Hot water radiators • Hardware Recycling is the collection, sorting, processing, and converting of solid wastes in preparation for reuse and may include: • Metals from steel frames • Plumbing • Wiring • Carpeting • Roofing materials (asphalt shingles) • Wood (unpainted, untreated, unstained) • Asphalt • Concrete • Appliances • Scrap tires All regulated recyclable material (scrap metal, clean wood, corrugated cardboard) generated in Orange County shall be recycled (1) unless doing so would pose a threat to public health and safety through exposure to carcinogens and other toxic substances including, but not limited to, lead, asbestos, fuel oils, gasoline, or (2) unless the regulated recyclable material is attached to other material, including other regulated recyclable material, in o way that it is not reasonably possible to separate the regulated recyclable material into its constituent parts or from non-regulated recyclable material. Regulated recyclable material shall be disposed of through (1) delivery to a recyclable waste center, (2) delivery to a licensed collector of regulated recyclable material, (3) reuse, (4) sale or (5) other means that allow for the safe recycling of the material. Regulated recyclable material shall be separated from other solid waste unless delivered to a Commingled Recycling Facility certified as such in the manner provided for in the ordinance.