HomeMy WebLinkAboutEmergency Medical Stand-By EAA 2008w
AGREEMENT
CITY OF OSHKOSH
ERGENCY MEDICAL SERVICE STANDBY
AIR VENTURE— JULY 26 —August 3, 2008
r EEMENT made and entered into thi day of
s , 2008, by
en the CITY OF OSHKOSH, a municipal corporation, hereinafte called "City ";
PrTI - 1he EXPERIMENTAL AIRCRAFT ASSOCIATION, INC., a non -stock corporation
hereinafter called "EAA ", provides as follows:
EAA has requested the City provide a dedicated paramedic unit(s) and Airport
Rescue Firefighting Units at the Airport during the EAA AIR VENTURE, 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:
The City shall provide one (1) two- person paramedic unit to be present on Wittman
Field Airport, Oshkosh, Wisconsin, during the 2008 EAA AIR VENTURE from 7:30 a.m. to
8:00 p.m. daily beginning Saturday, July 26, 2008, and ending Sunday, August 3, 2008,
this unit shall be staffed with off -duty paramedics. A second two - person paramedic unit
shall be on the grounds on: July 28, 29, 30, from 12 :00 pm to 8:00 pm, July 31, August 1,
2, 3, from 7:30am to 8:OOpm; 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 2008 EAA AIR
VENTURE from 7:30am to 8:OOpm daily beginning Saturday, July 26, 2008, and ending at
8pm Sunday, August 3, 2008. 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 $75 per hour per unit. (2) The hourly cost for a paramedic unit will
be $70 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.
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.
I. -
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 or omissions related to operation of
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 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.
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.
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This Agreement shall terminate upon performance of the obligations hereunder.
In a presence of:
CITY OF OSHKOSH ( "CITY ")
By: a&
John. Fitzpatrick, i
And:
brig, City
nager
EXPERIMENTAL AIRCRAFT ASSOCIATION,
INC. ("EAA")
In the presenc of:
Titl
G �cee:ar►� c e ves �A
Title:
This instrument was drafted by:
Lynn A. Lorenson
City Attorney
City of Oshkosh
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