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CONTRACT 6989 Service AgreementAgreement No. 6989 TY SUPPLEMENTAL EMERGENCY MEDICAL SERVICES M �oAGREEMENT BETWEEN THE CITY OF EL SEGUNDO AND CHARGERS FOOTBALLCOMPANY sEc0� This Agreement for Supplemental Emergency Medical Services ("Agreement") is made and entered into this de r-2day of July 2024 ("Effective Date"), by and between the City of El Segundo, a municipal corporation and general law city ("City") and Chargers Football Company, LLC a California limited liability company, ("Chargers"). City or Chargers may individually be referred to as "Party," and City and Chargers will be separately referred to as the "Parties." WITNESSETH: A. WHEREAS, Chargers own and operate The Bolt, a professional, National Football League ("NFL") training facility ("Facility") located at One Chargers Way in the City. B. WHEREAS, Chargers team practices occur at the Facility in accordance with its NFL -required Emergency Action Plan ("EAP"). C. WHEREAS, the EAP requires Chargers to retain athletic and medical personnel to monitor all team activities, such as team practices, and respond to injuries and illnesses. D. WHEREAS, Chargers desire to utilize the additional, supplemental services of City's Fire Department paramedics ("Event Medics") to provide standby Emergency Medical Services ("EMS"), as more fully described herein. E. WHEREAS, City and Chargers desire to contract for the services set forth herein and desire to set forth their rights, duties, and liabilities in connection with the services to be performed. Accordingly, in consideration of the mutual promises stated in this Agreement, the Parties agree as follows: 1.0 TERM The term of this Agreement will be effective from the date that this Agreement is fully executed through June 30, 2027 ("Initial Term"). Following the Initial Term, the Agreement will automatically extend for an additional two years through June 30, 2029 unless either Party provides written notice, on or before June 1, 2027, to the other Party that it does not seek to extend the Agreement beyond the Initial Term. Either Party may also terminate the Agreement upon 90 days' written notice to the other Party pursuant to section 6(b), below. 2.0 SCOPE OF SERVICES a. City and Chargers agree that City will provide Event Medics for Chargers Facility events ("Events") in two coverage categories as follows: i. Soft Coverage: Event Medics are present at the Facility on a no -charge, courtesy basis to provide standby, supplemental services but may, at any time, in the City's sole discretion, leave the Facility to respond to one or more calls Page 1 of 8 Agreement No. 6989 for services. Chargers will be solely responsible for procuring supplemental coverage in the event City's Event Medics leave the Facility to attend to a call for service. ii. Hard Coverage: Event Medics provide mandatory coverage at the Facility pursuant to the rates described in Section 3.0, below. Such coverage will include an ambulance to facilitate expeditious medical treatment, as needed. b, City's Fire Chief, in consultation with Chargers, will designate appropriate staffing levels for both Soft Coverage and Hard Coverage, but City will solely determine staffing for Event Medics. C. The specific Event dates and times for Soft Coverage and Hard Coverage are set forth in the schedule attached to this Agreement as Exhibit "A," which is incorporated by reference. Notwithstanding Section 6(d), the Parties may mutually update such schedule, in writing. 3.0 COMPENSATION a. City will bill Chargers for Hard Coverage for events in accordance with the hourly rates identified in the City rate sheet attached hereto as Exhibit "B" which is incorporated by reference. Chargers understands and agrees that the hourly rates may be adjusted at any time by City officials based on new collective bargaining negotiations. b. City will bill Chargers from the time of departure from a City fire station until time of return to the fire station after the Event ("Total Billable Time"). Notwithstanding the foregoing, City will bill Chargers for a minimum of two (2) hours ("Minimum Billable Hours"). C. Chargers understands and agrees that the City bills in thirty (30) minute increments. d. After the Event, City will bill Chargers for the Chargers for the Total Billable Time. Notwithstanding the foregoing, Chargers agrees that, at minimum, the City will bill Chargers for the Minimum Billable Hours. Chargers must pay City's invoice within thirty (30) days of the date of the invoice. 4.0 INDEMNIFICATION AND INSURANCE a. Indemnification. Chargers agrees to indemnify and hold harmless the City from and against any and all claims, losses, causes of action, liabilities, expenses (including, without limitation, attorney fees), and damages of any nature arising in connection with this Agreement or its performance. Should City be named in any suit, or should any claim be brought against it by suit or otherwise, whether the same be groundless or not, arising out of this Agreement or its performance, Chargers will defend City (at City's request and with counsel satisfactory to City) and will indemnify City for any judgment rendered against it or any sums paid out in settlement or otherwise. Page 2 of 8 Agreement No. 6989 b. Insurance. Chargers must maintain commercial general liability insurance with a policy limit of at least $1,000,000 per occurrence for bodily injury, personal injury, and property damage. Chargers must furnish to City duly authenticated certificates of such insurance designating the City as an additional insured under the Chargers' policy. For purposes of this section, "City" includes City's officers, officials, employees, agents, and representatives. It is expressly understood and agreed that the foregoing provisions in this section will survive this Agreement's termination. 6.0 MEDICAL REQUIREMENTS a. Event Physician If the Chargers provides its own physician for Events ("Event Physician") and that physician determines that EMS intervention by the Event Medics is warranted, the physician, after identifying himself/herself as a physician licensed in the State of California, shall follow one of following three endorsed alternatives for physician involvement with EMTs and paramedics, as endorsed by the California Medical Association, the California Emergency Medical Services Authority, the California Conference of Local Health Officers, and the Board Medical of Quality Assurance: Assist — The Event Physician may transfer patient care to the Event Medics, who will make assessment, treatment, and transport decisions based on local EMS agency ("LEMSK) protocols. Once patient care is transferred, the Event Physician may assist the Event Medics in the assessment and/or treatment of the patient. 2. Advise — The Event Physician may request to talk to the LEMSA base hospital physician and directly offer his/her medical advice. Once base hospital contact has been established, the base hospital physician shall be the ultimate authority regarding all patient care decisions, unless the Event Physician assumes total responsibility for patient care, as outlined below. 3. Assume — The Event Physician may assume total responsibility for patient care. In such case, the Event physician shall physically accompany the patient until the patient arrives at the hospital and responsibility for patient care is assumed by the receiving hospital physician. In addition, the Event Physician shall sign for all instructions given in accordance with local EMS protocols. Whenever possible, the Event Physician shall remain in contact with the base hospital physician. b. Event Medics The Event Medics shall have the sole discretion to respond and provide care to any person at the Event location if the Event Medics determine that Page 3 of 8 Agreement No. 6989 the person is experiencing a medical emergency that may result in death or disability without immediate EMS intervention. The Event Medics shall adhere to LEMSA protocols at all times, and the Event Physician shall have no authority to order the Event Medics to deviate from those protocols. iii. Unless the Event Physician notifies the Event Medics that s/he is assuming total responsibility for patient care, the Event Medics shall have the authority to make the following decisions based on LEMSA protocols: Whether or not ambulance transport is indicated. 2. Whether or not paramedic escort is indicated. 3. Whether or not base hospital contact is indicated. 4. Whether or not the patient meets stat transportation criteria. 5. Paramedic receiving center transport destination. iv. Unless the Event Physician notifies the Event Medics that s/he is assuming total responsibility for patient care, upon activation of the Event Medics by, the Event Physician, the Event Medics shall perform any additional assessment necessary to properly determine the patient's status in accordance with LEMSA protocols. V. Unless the Event Physician notifies the Event Medics that s/he is assuming total responsibility for patient care, and as long as the Event Medics in their sole discretion determine that the patient does not meet any stat transportation criteria as defined in LEMSA protocols, then the Event Medics may request the appropriate basic life support and/or advanced life support resources to respond and accept transfer of patient care authority by the Event Medics for further treatment and transport so that the Event Medics and Event ambulance may remain at the event location. vi. Notwithstanding the foregoing provisions, the Event Medics will honor a request by the Event Physician to do any of the following actions even though such actions may not be mandated by LEMSA protocols due to the patient's condition: 1. Transport a patient who does not otherwise warrant ambulance transport. 2. Escort a patient who does not otherwise warrant paramedic escort. vii. If the Event Medics have to leave the Event Location to escort a patient to the hospital, the City will be under no obligation to provide backup medics until the Event Medics return. Nonetheless, the City will make a reasonable attempt to provide temporary backup medics so that the Event may Page 4 of 8 Agreement No. 6989 continue, if the City in its sole discretion determines that it is operationally appropriate and practical to do so. 6.0 MISCELLANEOUS a. Standard of Care. Nothing contained herein shall be construed to create a higher standard of care on the part of the City or Event Medics than generally recognized under the laws of the State of California for EMS. Event Medics may only operate under the laws of the State of California and the protocols and procedures established by the County of Orange. Termination. Either Party may terminate this Agreement by submitting written notification to the other Party, to the address of the other Party as set forth herein, at least seventy-two hours (72) hours prior to the Event. If Chargers terminates this Agreement or cancels its request for services within 72 hours of the Event, City will bill Chargers for the Minimum Billable Hours as set forth herein. C. Headings. Paragraphs and subparagraph headings contained in this Agreement are included solely for convenience and are not intended to modify, explain or to be a full or accurate description of the content thereof and shall not in any way affect the meaning or interpretation of this Agreement. d. Entire Agreement. This writing constitutes the entire Agreement between the Parties with respect to the subject matter hereof, and supersedes any and all other prior oral and/or written representations and negotiations. No modification or revision to this Agreement shall be of any force or effect, unless the same is in writing and executed by the Parties hereto. e. Force Maieure. Should performance of this Agreement be prevented due to fire, flood, explosion, acts of terrorism, war, embargo, pandemic, epidemic, government action, civil or military authority, the natural elements, or other similar causes beyond the Parties' reasonable control, then the Agreement will immediately terminate without obligation of either party to the other. Interpretation. This Agreement was drafted in, and will be construed in accordance with the laws of the State of California, and exclusive venue for any action involving this agreement will be in Los Angeles County. 9- Counterparts', Electronic Signatures. This Agreement may be executed by the Parties on any number of separate counterparts, and all such counterparts so executed constitute one Agreement binding on all the Parties notwithstanding that all the Parties are not signatories to the same counterpart. In accordance with Government Code § 16.5, the Parties agree that this Agreement, Agreements ancillary to this Agreement, and related documents to be entered into in connection with this Agreement will be considered signed when the signature of a party is delivered by electronic transmission. h. Signature Authority. The persons executing this Agreement on behalf of the Parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said Parties and that by doing so the Parties hereto are formally bound to the provisions of this Agreement. Page 5 of 8 Agreement No. 6989 [SIGNATURES ON FOLLOWING PAGE] IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed by their duly representatives on the dates indicated below. CITY OF EL SEGUNDO CHARGERS (zoo Darrelf George, By: hc0 M G• ,' City Manager _ -7 l $ 24A Date: ATTEW Tracy Weaver, City Clerk APPROVED AS TO FORM: By: Assistant City Attorney for Ma sle D. Heny, CitN Attorney Title: 0A v e. ge Date: Page 6 of 8 Agreement No. 6989 EXHIBIT "A" EVENT TIMES AND DATES FOR SOFT COVERAGE AND HARD COVERAGE Page 7 of 8 Agreement No. 6989 7/15 1 Monday- 7/16 Tuesday Rookies Report On Call 7/17 Wednesday PX:9:45-10:45am - 7/18 Thursday QBs / Injured Report - On Call 7/19 Friday - - 7/20 Saturday - 7/21 Sunday - 7/22 Monday - 7/23 Tuesday Vets Report Petrigliano Honsvall Soft Cover On Call 1 7/24 Wednesday PX.,9-10:30am Petrigliano Honsvall 9:30am Soft:9-10:30am 11-1pm 11, 11:30 2 7/25 Thursday PX: 12-1:45pm Ortho 2A Gen Mad 3 1 pm Soft: 12-1:45pm 2, 2:30 3 7/26 Friday PX: 3-5pm Ortho 2B Honsvall 4pm Soft: 3-5pm 3-5pm 5:30, 6 4 7/27 Saturday Night PX: 6:30-8:30pm Ortho 2C Gen Med 3 7:30pm Soft: 6:30-8:30pm 3-5pm On Call 7/28 Sunday OFF - - 9am-11am - 5 7/29 Monday PX(FutlPads):10-11:45am Petrigliano Honsvall 10:45am Hard:l0am-12:15pm 12,12:30 s 7/30 Tuesday PX (Full Pads): 12-2pm Ortho 2A Gen Med 3 1 pm Hard.12-2:30pm 3-5pm 2:30, 3 7 7/31 Wednesday PX: 2-4:30pm Ortho 2B Honsvall 3:30pm Soft: 2-4:30pm 5 a 8/1 Thursday PX (Full Pads): 4:30-7pm Ortho 2C Vigil 6pm Hard: 4:30-7:30pm On Call 9 8/2 Friday Night PX (Full Pads): 7-9:30pm Ortho 2A Honsvall 8:30pm Hard- 7-10pm On Call 8/lWednesday OFF - - - - 9am-11am 10 8/PX (Full Pads) vs LA Rams 11am-1:30 m Petrigliano Ortho 2A Vigil 11am Hard: IIarn-2pm 2, 2:30, 3 11 8/ PX:10am-12:30pm 11:30am Soft:10am-12:30pm 1 12 8/PX (Full Pads): 1-3:30pm 2:30pm Hard:1-4pm 4,4:30 13 8/ PX (Full Pad): 4-6:30pm 5:30pm Hard: 4-7pm On Call 14 8/PX (Full Pads): 4-6:30pm 5:30pm Hard: 4-7pm On Call Agreement No. 6989 Agreement No. 6989 EXHIBIT "B" CITY OF EL SEGUNDO COMPENSATION RATE SHEET Page 8 of 8 greement No. 6989 EXHIBIT B Fire Battalion Chief., $292.70 per hour (Overtime at 1.25 per MOU) Fire Captain: $210.65 per hour Fire Engineer: $172.09 per hour Fire Paramedic: $155.48 per hour Fire Fighter: $115.71 per hour The rates stated above are for FY2024-25. The rates will be adjusted when a new Cost Allocation Plan is updated. The second charge will be for the Rescue Ambulance being used for the standby. This rate is determined by the California Office of Emergency Services on a per day rate. The third charge applied to the standby coverage is if an NFL Charger player or personnel requires transportation to a hospital, the standard transport fees and paramedic services will apply.