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2013 EMERGENCY MEDICAL SERVICES AT BRIGHT HOUSE FIELDJanuary 3l, 2013 Jay Wazren Ballpark Operations Manager Clearwater Threshers Baseball Club Bright House Field 601 N. Old Coachman Road Clearwater, FL 33765 Re: 2013 Emer�encv Medical Services ("EMS"1 at Bright House Field Dear Mr. Warren: Thank you for ta,king the time to meet with Chief Riley on January 9, 2013 regarding EMS services. This will confirm the terms and conditions of the agreement between Phillies Florida LLC ("Phillies Florida") and the City of Clearwater Fire & Rescue ("CFR") pursuant to which CFR will provide EMS services at Bright House Field for 2013 Pluladelphia Phillies spring training games, the 2013 Clearwater Threshers games and other 2013 special events: 1. CFR sha11 provide all emergency medical services required by persons present at Bright House Field, with ambulance transportation to be provided by Sunstar Paramedics: for every 2013 Philadelphia Phillies spring training game; every 2013 Clearwater Threshers game; and for 10 selected special events designated by Phillies Florida during 2013. EMS services shall be performed in a diligent, competent, professional, courteous and caring manner and to high professional standards for safety and caze, by persons who are neatly groomed and neatly dressed in an appropriate and recognizable uniform and who are each experienced, professionally qualified and (as and to the extent required by law) duly licensed and/or certified, a11 i� a manner that complies with a11 applicable, legal and regulatory requirements and standards. More specifically, CFR shall provide the following services: a) Spring Training�Games • CFR will provide three, two-person Advance Life Support ("ALS") teams for each game. The teams will report to Bright House Field at 10:00 am and will stay until dismissed by ballpark staff. • The hourly rate to be paid by Phillies Florida. to CFR for each person on these teams will be $31.30 per hour, with no different pay scale for different employees. • CFR will provide an on-site supervisor for each game at no charge. This person will coordinate EMS services and be in contact with ballpark staff and security for the entire event. � CFR will provide an on-site t�rranssport capable ambulance at all games, along with a command vehicle. These units will be provided at no cost. b) Clearwater Threshers Games • CFR will provide one, two-person ALS team for each Clearwater T'hreshers game at Bright House Field. They will report at the time designated by Phillies Florida and will stay until dismissed by ballpazk staff. • The hourly rate to be paid by Phillies Florida to CFR for each person on this team will be $31.30 per hour with no different pay scale for different employees. • CFR will provide an on-site transport capable ambulance at all games at no cost to Pbillies Florida. c) Additional S,pecial Events • CFR will provide one, two-person ALS team for ten special events to be determined by Phillies Florida. • The hourly raxe to be paid by Phillies Florida to CFR for each person on this team will be $31.30 per hour, with no different pay scale for different employees. • CFR will provide an on-site transport capable ambulance at each such event at no cost to Phillies Florida. 2. There will be a mutually agreed-upon method of checking in and checking out at each game%vent for billing purposes, although the minimum time for each event will be four hours. Any time spent at the ballpazk after those four hours will be compensated at the hourly rate set forth above and checked against the sign out tixne by the teams at the ballpark. CFR will provide monthly invoices to Phillies Florida for the services CFR provides pursuant to this letter agreement, which invoices will be paid within twenty days of receipt. 3. In the performance of its services under this letter agreement, CFR will not differentiate or discrimina.te on the basis of race, color, national origin, ancestry, religion, gender, marital status, sexual orientation/identity/preference, age, financial ability or any other legally protected category and agrees to render treatment and care to a11 persons in the same manner in accordance with the same standards as offered to other persons. [GM12-1801-068/119791/2] 2 4. CFR/the City of Clearwater, to the extent permitted by applicable law, including, but not limited to Section 768.28, Florida Statutes, sha11 indemnify, defend and hold harmless Phillies Florida, The Phillies and each of their respective owners, affiliates, partners, officers, agents, employees, successors and assigns from and against any and all lawsuits, claims, damages, demands, suits, proceedings, causes of action, costs and expenses (including, without limitation, reasonable attomey's fees) caused by the acts or omissions of CFR and/or its employees, agents or personnel or otherwise arising out of or in connection with the performance of CFR's obligations pursuant to this letter agreement. 5. CFR shall maintain insurance coverage of at least the kinds and in at least the amounts specified on the attached letter dated January 23, 2013 from Linda R. Klasing, Risk Manager, City of Clearwater, Florida, to The Phillies (E�ibit "A"). Such insurance shall be primary and non-contributory. . CFR and/or the City of Clearwater may provide the insurance required by this section either by obtaining it from a fmancially responsible admitted insurance company having an A.M. Best rating of A-VII or better or by self-insurance or self-funding. CFR sha11 provide a certificate of insurance to Phillies Florida within five days of the date this letter agreement is signed. CFR/the City of Clearwater sha11 be responsible to satisfy any insurance deductible or self-insured retention amount. 6. The term of this letter agreement sha11 be from the date it is signed through. December 31, 2013. Either party may terminate this letter agreement before the end of the term by providing the other party with written notice upon any material breach by the other party, so lang as the terminating party provides at least ten business days of advance written notice to the breaching party specifying the breach and gives the breaching party the opportunity to cure such breach. Failure to cwe said breach witiun ten (10) days sha11 result in immediate termination. 7. The relationship of the parties is that of independent contractors and not of' joint venturers, principal and agent or otherwise. None of CFR's personnel shall be deemed to be an employee of Phillies Florida or The Phillies for any purpose and CFR will be solely responsible for any withholding, social security, workers compensation, use or sales taxes or other taxes, fees, permits and surcharges imposed by any federal, state or local government in connecuon with any of CFR's personnel and/or the performance of CFR's obligations hereunder. 8. CFR will fully and competently document any incidents that may occur during the course of the performance of its obligations hereunder and, subject to applicable law, includin�, but not limited to, the Health Insurance Portability and Accountability Act of 1996 (HIPAA) Privacy and Security Rules, use best efforts to get those treated to sign a medical information disclosure form legally authorizing CFR to provide copies of such documentation to Phillies Florida upon request. 9. CFR will maintain the confidentiality of any trade secret, proprietary or confidential information of Phillies Florida or The Phillies to which it may have access. 10. Neither party will be responsible for any failure or performance caused by force majeure or other causes not within its reasonable control. [GM12-1$01-068/119791 /2] 3 11. Either party ma.y assign its rights or obligations under this letter agreement, with the other pazty's written consent, except that Phillies Florida may assign its rights and obligations under this letter agreement to The Phillies or to any affiliate or to any successor upon written norice to CFR 12. This letter agreement contains the entire understanding and agreement of the parties with respect to its subject matter; shall be governed by Florida law (without regard to the law of conflicts of law); and may be modified or waived only in a writing signed by the party to be charged. Any waiver by either party sha11 not be deemed to be continuing. By my signature below, I indicate that I am authorized to sign this letter agreement on behalf of CFR and that CFR intends to be legally bound by the terms and conditions in this letter agreement. Ki.ndly sign and date two copies of this letter agreement in the space provided below and return one fully signed copy to me to indicate that you are authorized to sign this letter agreement on behalf of Phillies Florida and that Phillies Florida intends to be legally bound by the terms and conditions in this letter agreement. Very truly yours, Clearwater Fire & Rescue By: ,-�� �-�'� ,� �� l� Robert Weiss Fire Chief AGREED: Phillies Flo 'da LLC By: (��i1'� y �n allpazk Operations Manager Date: x -��^/� Attachment [GM12-1801-068/119791/2] 4