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AGREEMENT
CITY OF OSHKOSH
EMERGENCY MEDICAL SERVICE STANDBY
2006 EM AIR VENTURE- JULY 23 - July 30, 2006
THIS AGREEMENT made and entered into this \ fb (~day of~, 2006, by
and between the CITY OF OSHKOSH, a.municipal corporation, hereinafter called "City";
and the EXPERIMENTAL AIRCRAFT ASSOCIATION, INC., a non-stock corporation
hereinafter called ItEAA", provides as follows:
WHEREAS, EAA has requested the City provide a dedicated paramedic unit(s) and
Airport Rescue Firefighting Units at Wittman Field Airport during the EAA AIR VENTURE
and City is prepared to provide such services as set forth in this Agreement;
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 City agree as follows:
The City shall provide one (1) two-person paramedic unit to be present on Wittman
Field Airport, Oshkosh, Wisconsin, during the 2006 EAAAIR VENTURE from 7:30 a,m. to
8:00 p.m. daily beginning Sunday, July 23,2006, and ending at 8pm Sunday, July 30,
2006, this unit shall be staffed with off-duty paramedics. A second two-person
paramedic unit shall be on the grounds on: July 24,25,26, from 12:00 pm to 8:00
pm, July 27, 28, 29 & 30, from 7:30am to 8:00pm; The role of these units shall be to
provide Basic Life Support (BLS) and Advance Life Support (ALS) for emergencies, if they
occur. Minor first aid and re-hydration will not be a primary function of this unit.
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.
The City shall provide two (2) two-person airport rescue firefighting vehicles to be
present on Wittman Field Airport, Oshkosh, Wisconsin, during the 2006 EM AIR
VENTURE from 7:30am to 8:00pm daily beginning Sunday, July 23, 2006, and ending at
8:00 pm Sunday, July 30, 2006. Emergencies requiring a response beyond the capabilities
of the units on scene or emergencies occurring while the on-scene units are busy on any
emergency will be handled by a response of on-duty resources.
EM shall pay to the City twenty-five thousand dollars ($25,000.00) for these
services. Payment shall be made within fifteen (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
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the event, including but not limited to:
A. Any personal injury or bodily injury (including wrongful death) or property damage,
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,
C. Any breach or violation by EM of any contractual provision of whatever kind with
any third party.
Entire Agreement. This Agreement contains the entire understanding and the full and
complete agreement of the parties. This agreement may be altered, amended or modified
only in writing, signed by both parties.
Severability. If any part of this Agfeement is held invalid or unenforceable, the fest 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 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 EM as a consequence of this Agreement is that
of an independent contractor.
This Agreement shall terminate upon performance of the obligations hereunder.
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This instrument was drafted by:
Lynn A. Lorenson
Asst. City Attorney
City of Oshkosh
EXPERIMENTAL AIRCRAFT ASSOCIATION,
INC. ("E,M")
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