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    Minutes of June 4, 2007 Board of Commissioners' Regular Session (adopted)


THIS AGREEMENT, made and entered into this ___ day of ______, 2007 by and between the County of Wake, a body politic and corporate of the State of North Carolina, hereinafter referred to as the “County”, Rolesville EMS, Inc., a corporation of North Carolina, hereinafter referred to as “Company,”
and the Town of Rolesville, North Carolina, a municipal corporation, hereinafter referred to as “Town,” pursuant to provisions of Article 20 of Chapter 160A of the North Carolina General Statutes.
W I T N E S S E T H:

WHEREAS, the County has issued a franchise to Company for delivery of emergency medical services in the general area of the Town; and

WHEREAS, pursuant to the requirements of that franchise, the County contracts with Company for the services of one twenty-four-hour-per-day EMS ambulance (hereinafter, “1571 contract” and “1571”); and

WHEREAS, the Company has intermittently operated a second EMS ambulance (hereinafter “1572”) for more than six years, which ambulance is not connected with, or part of, any agreement for EMS with the County; and

WHEREAS, the County’s EMS System Peer Review Committee has, within the past two years, established response workload standards required for the successful support of an EMS ambulance as part of the Wake EMS System; and

WHEREAS, 1572 does not meet those workload standards; and

WHEREAS, notwithstanding the fact that 1572 does not meet those workload standards, Company wishes to continue operation of 1572 and Town has expressed its willingness to guarantee any and all funding required for the operation of 1572 beyond the funding that Company can provide; and

WHEREAS, the County EMS System’s Peer Review Committee and County’s Board of Commissioners take notice of the fact that the existence and operation of 1572 predates adoption of County’s EMS System Peer Review Committee’s emergency response workload standards; and

WHEREAS, it is not possible for the Company to continue operate 1572 in a manner compliant with State and County EMS ambulance standards without use of services furnished in support of EMS delivery in the County.

NOW, THEREFORE, for and in consideration of the terms, conditions and
agreements hereinafter set forth, County, Company and Town do hereby mutually covenant and agree as follows:

A. County EMS Support Services

1. County agrees to furnish those EMS support services required for operation of 1572 in a manner compliant with State and County EMS ambulance standards within County, including (but not limited to) inclusion in County’s radio communications and computer-assisted dispatch systems and physician oversight on the part of County’s EMS Medical Director, and including billing services, each as otherwise described and specified in the 1571 contract for the period July 1, 2007 through June 30, 2008, unless otherwise provided herein.
2. County agrees to make provision for delivery of a spare ambulance vehicle for Company’s use in event that Company’s 1571 vehicle is (or becomes) unavailable for use as described in Section B(4)(e), below.

B. Company Responsibilities

In consideration of County’s provision of the EMS services described above, Company agrees to the following conditions of continued operation of 1572:

1. To comply with Wake County Model EMS System protocols, procedures
and/or standards adopted pursuant to authority grant by, or as required by,
the State of North Carolina Department of Health and Human Services’
Office of Emergency Medical Services administrative rules for Model EMS
Systems in North Carolina, and with all other applicable federal, state and
local laws, ordinances and regulations. (When used in this Agreement,
the phrases, “Wake County Model EMS System standards” and/or “Model
System standards” means medical-care protocols, emergency medical
service policies and procedures, and actions taken by the Peer Review
Committee in connection with maintenance of County’s licensure by the
State of North Carolina as a “Model EMS System”);

2. To provide for supplies, services, equipment and personnel, and to replace existing equipment (or add new equipment) otherwise furnished by County (including, but not limited to, radios, defibrillators and laptop computers) for 1572 using funds other than funds provided by Wake County for operation of 1571 on a continuing basis;