HomeMy WebLinkAboutMedical Standby: 2018 EAA Chrismtmas in the Air AGREEMENT
CITY OF OSHKOSH
EMERGENCY MEDICAL SERVICE STANDBY
2018 EAA® Christmas in the Air
THIS AGREEMENT made and entered into this day of 2018,
by and between the CITY OF OSHKOSH, a municipal corporation, hereinafter called
"City"; and the EXPERIMENTAL AIRCRAFT ASSOCIATION, INC., 3000 Poberezny Rd,
Oshkosh, WI 54902 a non-stock corporation hereinafter called "EAA", provides as follows:
EAA has requested the City provide a dedicated paramedic unit at the Museum
during EAA® Christmas in the Air and
NOW, THEREFORE, in consideration of the mutual promises, covenants and
agreements of the parties, the receipt and sufficiency of which is hereby acknowledged,
EAA and the City agree as follows:
To provide one, two person dedicated paramedic unit on Saturday, December 1,
2018 from 10:30 a.m. — 3:00 p.m.
The role of this unit shall be to provide Basic Life Support (BLS) and Advance Life
Support (ALS) for emergencies, if they occur. Emergencies requiring a response beyond
the capabilities of the unit on scene or emergencies occurring while the on-scene unit is
busy on any emergency will be handled by a response of on-duty resources.
P—Mam'.M. . M.' '
2,11, �14 I Paramedic Unit
-----------I.........--------------- -------- ...............
Billing time will commence 30 minutes prior to the start of the standby and end 30
minutes after the termination of the standby. Any additional hours or additional units
requested or required in the opinion of the Duty Chief to provide adequate service shall
be billed to EAA at the cost recovery rate. The Duty Chief shall attempt to consult with a
representative of EAA prior to calling in additional units or authorizing additional hours
that will be billed to EAA under this paragraph. Billing for cost of the standby will be
completed immediately following Event. Payment will be within 15 days of billing.
All patients requiring transport by the Oshkosh Fire Department ambulance will be
billed for services rendered according to the City's usual and customary procedures and
rates for service.
EAA shall indemnify and save harmless the City from and against any and all
losses, claims, demands, penalties, fines, causes of action, costs, damages, expenses
and liability, including without limitation any reasonable attorney or consultant fees,
investigation fees, court costs and litigation expenses, and other costs of defense arising
out of or in any manner related to FAA's negligent acts or omissions related to operation
of AirVenture, including but not limited to:
A. Any personal injury or bodily injury (including wrongful death) or property damage,
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real or personal, except to the extent caused by the City;
B. Any lawsuit brought or threatened, settlement reached, or local, state, or federal
government or agency order, including, but not limited to claims, costs, liabilities,
or expenses arising under federal, state, or local law;
C. Any violation by EAA of laws, orders, regulations, requirements, or demands of
any governmental authorities; and,
D. Any breach or violation by EAA of any contractual provision of whatever kind with
any third party.
Notices: Any notices, consents, documents or communications provided for in this
Agreement shall be given in writing and shall be personally delivered, sent by U.S. mail
or facsimile, or sent by courier, and addressed to the signatories of this Agreement at the
address listed in this Agreement (or to such other address as the addressed party may
have substituted by notice pursuant to this paragraph).
Entire Agreement; Amendment: This Agreement contains the entire understanding
and the full and complete agreement of the parties and supersedes and replaces any
prior understandings and agreements among the parties with respect to the subject
matter of this Agreement, This Agreement may be altered, amended or modified only in
writing, signed by both of the parties.
Severabilit : If any part of this Agreement is held invalid or unenforceable, the rest
of the provisions shall remain in full force and effect.
Waiver: No delay or failure by any party to exercise any right or remedy under this
Agreement will constitute a waiver of such right or remedy. A waiver by any party of any
breach shall not be construed as a waiver of any succeeding breach.
Independent Contractor: Nothing contained in this Agreement shall be deemed or
construed by the parties or by any third party as creating a legal relationship of principal
and agent, partnership or of joint venture between EAA and City. It is further understood
and agreed that the relationship of City to EAA as a consequence of this Agreement is
that of an independent contractor.
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This Agreement shall terminate upon performance of the obligations hereunder.
EXPERIMENTAL AIRC FT ASSOCIATION, INC.
By.
(Witne Christopher Farrell M.Ed.
Safety and Security Manager
CITY OF OSHKOSH
ALICAZ244-- ter By:
(Witness) -�- """'Mdrk Rohloff, City Ma a er
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And .. "
Pamela R ri Ci C r-k-
And: ... _.: . , .,..
Mike G. Stanley, Fii hief._.. .n
4pv d:Lorensor, ity Attorney
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