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Home My WebLink AboutAmbulance Stby-07 EAA ;0 -"'/' .). q~ AGREEMENT CITY OF OSHKOSH EMERGENCY MEDICAL SERVICE STANDBY 2007 EAA AIRVENTURE - JULY 21-29, 2007 -{~ THIS AGREEMENT made and entered into this fj)) day of July, 2007, by and between the CITY OF OSHKOSH, a municipal corporation, hereinafter called "City"; and the EXPERIMENTAL AIRCRAFT ASSOCIATION, INC., PO Box 3086, Oshkosh, WI 54903, a Wisconsin stock corporation hereinafter called "EAA" , provides as follows: WHEREAS, EAA has requested the City provide dedicated paramedic unit(s) and Airport Rescue Firefighting Units at Wittman Field Airport during the EAA AIRVENTURE, and the 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 the 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 EAA AirVenture from 7:30 a.m. to 8:00 p.m. daily beginning Saturday, July 21, through Sunday, July 29. This unit shall be staffed with off-duty paramedics. A second two-person paramedic unit shall be on the grounds on: July 22, 23, 24, and 25 from 12:00 pm to 8:00 p.m., July 26,27,28, & 29 from 7:30 a.m. to 8:00 p.m. 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(s) on scene or emergencies occurring while the on-scene unit(s) is(are) busy on any emergency will be handled by a response of on-duty resources. The City shall provide (2) two-person airport rescue fire fighting vehicles to be present on Wittman Field Airport, Oshkosh, Wisconsin, during the 2007 EAA AIRVENTURE from 7:30 a.m. to 8:00 p.m. daily beginning Saturday, July 21, through Sunday, July 29. 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. EAA shall pay for the cost associated with providing personnel, vehicles, equipment and other supplies as follows: (1) The hourly cost for a two-person airport rescue firefighting vehicle will be $72 per hour per unit; (2) The hourly cost for a paramedic unit will be $65 per hour per unit. 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 the event. Payment will be within 15 days of billing. .. ':t ). 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 EAA's negligent acts of omissions related to operation of the events, including by 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 of agency order, including, but not limited to claims, costs, liabilities, or expenses arising under federal, sate, 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 Aqreement; 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. Severability: 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. ~ " .). This Agreement shall terminate upon performance of the obligations hereunder. /I-/p1/Z0V cv t; ~=~J~ And: L'--~ 4+\-afd-~- In the presence of: 1~.Cf: .J . ~{/VUlL This instrument was drafted by: Lynn A. Lorenson Asst. City Attorney City of Oshkosh . CITY OF OSHKOSH ("CITY") By: Pamela R. Ubring, City ,"rk .... ^ ( \. " '-''1. .-.-" ... EXPERIMENTAL AIRCRAFT ASSOCIATION, INC. ("EAA") By: ~- &.-- , rcs\de.n \- Title: