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HomeMy WebLinkAbout2024-501-E-Emergency Svc-Pints for Patriots-Special Event Contract Services STATE OF NORTH CAROLINA ORANGE COUNTY This Contract dated this 26th day of August 2024, between Pints for Patriots (“Event Organizer”) and the County of Orange (the “County”) for joint and cooperative arrangements for the provision of emergency medical services and law enforcement services for an event on September 2, 2024 within Orange County. WITNESSETH WHEREAS, the County and the Event Organizer propose to work jointly on matters of concern or interest; and WHEREAS, the special event is anticipated to include a significant number of attendees; and WHEREAS, the provision of adequate emergency medical care and law enforcement at such events is a matter of mutual concern and interest to the Event Organizers and the County; and WHEREAS, detailed joint and cooperative arrangements with respect to such events will mutually benefit the Event Organizer and the County; and WHEREAS, the County and the Event Organizer desire to provide such cooperative emergency medical care and ensure security with law enforcement personnel; NOW THEREFORE, in consideration of the premises and the mutual covenants and conditions set forth below, the County and the Event Organizer 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 events at the event titled “Flagstock 2024” as outlined in the Special Event Permit Application which is attached as Exhibit A and incorporated herein by reference (collectively referred to as the “event”). b. The County agrees to provide the below resources for the duration of the event or until a mutually agreed upon period of termination: i. Two (2) Basic Life Support North Carolina Certified ambulances that are permitted to provide EMS services in Orange County. Additional BLS ambulance coverage may be provided by the Docusign Envelope ID: 0EC753F8-5E82-4C7A-B3BC-3A3C76E691A3 Page 2 County, for an additional fee, based upon anticipated attendance or risk. Each ambulance will be staffed with two (2) EMTs each. ii. One (1) Advanced Life Support North Carolina Certified ambulance that is permitted to provide EMS services in Orange County. Additional ALS ambulance coverage may be provided by the County, for an additional fee, based upon anticipated attendance or risk. The ambulance will be staffed with one (1) EMT and one (1) Paramedic. iii. Three (3) EMT providers to provide support for the venue’s “medical station”, including the provision of basic medical supplies and equipment. iv. One (1) additional Paramedic provider to provide support for the venue’s “medical station”, including the provision of advanced life support supplies and equipment. v. One (1) EMS Physician to provide onsite medical control and direction to EMS providers. vi. One (1) patient transport capable Utility-terrain Vehicle (UTV) for extraction and transport of patients as required. vii. Two (2) EMS Command Staff members to serve as Medical Branch and Medical Group Supervisor within the Incident Command System. viii. Seventeen (17) Deputy Sheriffs sworn and certified as law enforcement officers within the State of North Carolina to assist with vehicular and pedestrian traffic control, access and site security, and general safety/security measures as mutually agreed upon. c. Patient Records. The County agrees to keep records of patients seen at the event while under this Agreement; however, in no event will the County provide patient identifiable information to the Event Organizer 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 event, which is clearly not patient identifying, may be provided to the extent authorized by state and federal law to the Event Organizers, upon request. d. The Event Organizer agrees to provide credentials necessary for site access, adequate facilities for stagging of emergency apparatus, provisions Docusign Envelope ID: 0EC753F8-5E82-4C7A-B3BC-3A3C76E691A3 Page 3 for basic human necessities (food, water, and restroom facilities) and coordination through the Incident Command System. e. The Event Organizer agrees to participate in EMS, Law Enforcement planning sessions and other public safety event action planning activities as may be necessary to ensure the coordination of public safety services for the event. 2. Compensation. In accordance with the “Commissioner Approved Fee Schedule for FY2024-2025” for EMS services and the hourly rates provided by the Orange County Sheriff’s Office, which is attached as Exhibit B and incorporated herein by reference, the Event Organizers shall compensate the County for emergency medical services, off-duty law enforcement resources, 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 law enforcement officer, EMT, paramedic, ambulance, UTV, EMS Physician and EMS Command Staff plus be compensated for the actual cost of any additional expense incurred by the County. b. The total number of hours worked will include preparation and travel time of one-half (1/2) hour to and from the event for each individual plus the coverage time per event. The arrival and departure time of the personnel and equipment at the event shall be as provided in Exhibit C unless otherwise agreed to in writing by the parties. c. Personnel providing the emergency medical services and law enforcement shall report to the event at the time agreed upon by the Event Organizer and the County. Such personnel shall “check-in” upon arrival and “check- out” upon leaving the event on a form designated for such purpose. d. The County shall provide the Event Organizer with an invoice for payment after the event. The Event Organizers shall submit payment to the County at the address specified below no later than 30 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. 3. 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 Event Organizers fail to ensure a safe and secure operating venue or Docusign Envelope ID: 0EC753F8-5E82-4C7A-B3BC-3A3C76E691A3 Page 4 the event or venue is threatened by severe weather, violence, attack or other hazard that would pose significant threat to the County’s personnel and resources. c. 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. 4. Insurance. The Event Organizer shall purchase and maintain insurance from an insurance company acceptable to the County. The Parties hereby incorporate the Certificate of Insurance, labeled as Exhibit C to this Agreement, and agree that it constitutes acceptable liability insurance for the special event. a. 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. b. Indemnity. To the fullest extent permitted by laws and regulations, the Event Organizer 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 Event Organizer’s operation of the events and the maintenance of the venue facility, or the actions of the Event Organizers 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 Event Organizer to indemnify the County to the fullest extent permitted under North Carolina law. 5. Amendments to the Agreement. This contract may be renewed, modified, or amended upon the mutual written agreement of the parties. 6. 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. 7. Limitation and Assignment. The County and the Event Organizer each bind themselves, their successors, assigns and legal representatives to the terms of this Agreement. Neither the County nor the Event Organizer shall assign or transfer its interest in this Agreement without the written consent of the other. Docusign Envelope ID: 0EC753F8-5E82-4C7A-B3BC-3A3C76E691A3 Page 5 8. 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 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 the requirement is a breach of this Agreement and the County may immediately terminate this Agreement without further obligation on part of the County The paragraph is not intended to limit the definition of breach to discrimination. 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 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. By executing this Agreement, Consultant certifies that Consultant 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. 9. 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. 10. Extent of Agreement. This Agreement represents the entire and integrated agreement between the County and the Event Organizer 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. 11. 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. 12. Non-Appropriation. The Event Organizer 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 Event Organizer of the unavailability and non- Docusign Envelope ID: 0EC753F8-5E82-4C7A-B3BC-3A3C76E691A3 Page 6 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 Event Organizer of such limitation or change in County’s legal authority. 13. 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 Pints for Patriots Foundation Attention: Director Emergency Services Attention: John Noonan P.O. Box 8181 228 South Washington Street, Suite 115 Hillsborough, NC 27278 Alexandria, Virginia 22314 14. Signatures. This Agreement together with any amendments or modifications may be executed electronically. All electronic signatures affixed hereto evidence the 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 PINTS AND PATRIOTS FOUNDATION By: ______________________________________ _____________________ John Noonan Date FOR ORANGE COUNTY, NORTH CAROLINA By: _______________________________________ _____________________ Travis Myren, County Manager Date By: _______________________________________ _____________________ Charles Blackwood, Sheriff Date Docusign Envelope ID: 0EC753F8-5E82-4C7A-B3BC-3A3C76E691A3 8/29/2024 8/30/2024 8/30/2024 Page 7 This instrument has been approved as to technical content. __________________________________________ Kirby Saunders, Emergency Services Director This instrument has been approved as to form and legal sufficiency. ___________________________________ Martha Bordogna, Staff Attorney (County) This instrument has been approved as to form and legal sufficiency. ___________________________________ Jennifer Galassi, Staff Attorney (Sheriff’s Office) Docusign Envelope ID: 0EC753F8-5E82-4C7A-B3BC-3A3C76E691A3 Page 8 Exhibit A SPECIAL EVENT PERMIT APPLICATION Docusign Envelope ID: 0EC753F8-5E82-4C7A-B3BC-3A3C76E691A3 Page 9 Exhibit B Orange County Emergency Services Fee Schedule as Approved by Orange County Board of Commissioners EMT $40.00 per hour Paramedic $60.00 per hour EMS Physician $85.00 per hour EMS Command Staff $60.00 per hour BLS Ambulance / EMT / EMT $110.00 per hour ALS Ambulance / Paramedic / EMT $120.00 per hour All treatment and transport fees apply if a patient is transported to a hospital for definitive treatment. Mobilization Time: 14:30 hrs. Arrival Time: 15:00 hrs. Departure Time: 00:30 hrs. Demobilization Time: 01:00 hrs. TOTAL: 10.5 hours Total Estimated for EMS Resources for Event in Exhibit B Resource Rate Qty Duration Total BLS Ambulance $110.00 2 10.5 hours $2,200.00 ALS Ambulance $120.00 1 10.5 hours $1,260.00 EMT $40.00 3 10.5 hours $1,260.00 Paramedic $60.00 1 10.5 hours $630.00 EMS Physician $85.00 1 10.5 hours $893.00 EMS Command Staff $60.00 2 10.5 hours $1,260.00 Total Estimated Amount $7,503.00 Docusign Envelope ID: 0EC753F8-5E82-4C7A-B3BC-3A3C76E691A3 Page 10 Orange County Sherriff’s Office Average Hourly Rate as Approved by Orange County, NC FY24-25 Operating Budget Deputy Sheriff $40.00 per hour Personnel assigned to this event will be “off -duty” and may be operating in overtime status. These rate below is based on an average hourly over-time rate. Mobilization Time: 14:30 hrs. Arrival Time: 15:00 hrs. Departure Time: 00:30 hrs. Demobilization Time: 01:00 hrs. TOTAL: 10.5 hours Total Estimated for Law Enforcement Resources for Event in Exhibit B Resource Rate Qty Duration Total Deputy Sheriff $40.00 17 10.5 hours $7,140.00 Sheriff Command Staff $0.00 4 10.5 hours $0.00 Total Estimated Amount $7,140.00 Docusign Envelope ID: 0EC753F8-5E82-4C7A-B3BC-3A3C76E691A3 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or 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(s). 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. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY 8/28/2024 Clarke &Sampson,Inc. 228 S.Washington Street Suite 200 Alexandria VA 22314 Michael Lappat 703-683-6601 703-739-8967 mlappat@clarkeandsampson.com License#:PC-902355 Cincinnati Specialty 13037 PINTFOR-01 Pints For Patriots Foundation 228 S.Washington Street,Suite 115 Alexandria VA 22314 1356164852 A X 1,000,000 X 100,000 Excluded Excluded 2,000,000 X Y CSU 0237689 8/31/2004 9/3/2024 2,000,000 A X 4,000,000 X CSU 0237692 8/31/2024Y 9/3/2024 4,000,000 Orange County,its officers,agents,and employees,and Leomos Management,Inc are included as additional insureds to the above-referenced General Liability policy. Orange County 300 west Tryon St PO Box 8181 Hillsborough NC 27278 C Docusign Envelope ID: 0EC753F8-5E82-4C7A-B3BC-3A3C76E691A3 Revised 01/24 1 ORANGE COUNTY—INTERNAL USE ONLY ______________________________________________________________________________ Finance Information Vendor Name: Pints for Patriots Vendor Contact Person: Susan Ralston Phone: (202) 309-1516 Address: 228 S. Washington Street, Suite 115 City Alexandria State: VA Zip: 22314 Department: Emergency Services and Sheriff’s Office Amount: $14,643 Purpose: Special Event Contract Services Budget Code(s): 10757503-438501 Vendor # N/A Vendor Status with NCSOS: Yes Vendor is a BOCC consultant: Yes No Contract Details Contract Type: New Amendment (Original Contract: ) (Most Recent Amendment ) Effective Date End Date Notice Date (Notice Purpose ) Award Approved by Board (Agenda Date: ); Made or Administered by Signature Authority - BOCC Express Delegation (Agenda Date: ) - Policy 9.4: Under $5,000; Service Under $90,000; Construction Under $250,000 - Budget Policy Section XV (Capital Improvement Project: ) Bidding Informal Bidding ($30k-$90k); Formal RFP ($90k+); Other (<$30k); Exception(# ) Department Affirmation This agreement is approved as to technical form and content and I as Department Director affirmatively state work on this project has not been initiated prior to execution of the agreement. This agreement is approved as to technical form and content. Services related to this agreement have alread y begun or been completed. Description of the nature of the emergency condition that was addressed: Department Director’s Signature ________________________________________ Date: ________ Information Technologies This agreement has been reviewed and is approved as to information technology content and specifications: Office of the Chief Information Officer___________________________________ Date: ________ Inapplicable because no hardware/software purchases or related services Risk Management This agreement is approved for sufficiency of insurance standards, specifications, and requirements: Office of the Risk Management Officer___________________________________ Date: _________ Financial Services This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act: Office of the Chief Financial Officer ____________________________________ Date: _________ Legal Services This agreement is approved as to legal form and sufficiency: Office of the County Attorney __________________________________________Date: ________ Clerk to the Board All Docusign contracts must be copied to the Clerk upon completion: occlerkdocs@orangecountync.gov The following signature block is for hard copies only and is not required for Docusign contracts: Received for record retention: Office of the Clerk to the Board __________________________________________Date:_________ Docusign Envelope ID: 0EC753F8-5E82-4C7A-B3BC-3A3C76E691A3 8/29/2024 8/29/2024 8/30/2024 8/30/2024