HomeMy WebLinkAboutEMS Stand-by EAA AGREEMENT
CITY OF OSHKOSH
EMERGENCY MEDICAL SERVICE STANDBY
2010 EAA AIR VENTURE— JULY 24 — August 1, 2010
THIS AGREEMENT made and entered into this (v-fh day of , 2010, 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 "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 AIRVENTURE, 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 2010 EAA AIR VENTURE from 7:30 a.m. to
8:00 p.m. on July 24, 25, 26, 27, 28, 29, 30, and August 1, and from 7:30am to 10:00 pm
on July 31, 2010, this unit shall be staffed with off -duty paramedics. A second two- person
paramedic unit shall be on the grounds on: July 26, 27, 28, from 12:00 pm to 8:00 pm; July
29, 30, from 7:30 am to 8:00 pm; July 31, from 7:30 am to 10:00 pm; and August 1, 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 2010 EAA AIR
VENTURE from 7:30am to 8:OOpm on July 24, 25, 26, 27, 28, 29, 30, and August 1, and
from 7:30am to 10:00 pm on July 31, 2010. 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 $87 per hour per unit. (2) The hourly cost for a paramedic unit will
be $80 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
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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 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.
CITY OF OSHKOSH ( "CITY ")
I e presence of:
By: �.�
• I M- . Rohloff, City Manager
j t v / -:7 1QQ0■
And
Pamela R. Ubrig, City C,er
EXPERIMENTAL AIRCRAFT ASSOCIATION,
INC. ( "EAA ")
In the presence of:
d ...,. .. • By: •` P Fyt'CLttrde, V P, c CO
Ti e:
1k. i.f�.J �72� �K � L 4 t
Title.
This instrument was drafted by:
Lynn A. Lorenson
City Attorney
City of Oshkosh
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