HomeMy WebLinkAboutEAA 2013/EMS Standby AGREEMENT
CITY OF OSHKOSH
EMERGENCY MEDICAL SERVICE STANDBY
2013 EAA AIR VENTURE —JULY 27—AUGUST 4th, 2013
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THIS AGREEMENT made and entered into this, day of i`, , 2013,
by and between the CITY OF OSHKOSH, a municipal corporation, herei 'er 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 2013 EAA AIR VENTURE from
7:30 a.m. to 8:00 p.m. on July 27, 28, 29, 30, August 1, 2, 4, and from 7:30 am to 10:00
pm on July 31 and August 3, 2013 this unit shall be staffed with off-duty paramedics. A
second two-person paramedic unit shall be on the grounds on: July 29, 30 from 12:00
pm to 8:00 pm; July 31 from 12:00 am to 10:00 pm, August 1, 2, 4 from 7:30 am to 8:00
pm; August 3, from 7:30 am to 10:00 pm. 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 (3) two-person airport rescue firefighting vehicles to be
present on Wittman Field Airport, Oshkosh, Wisconsin, during the 2013 EAA AIR
VENTURE from 7:30 am to 8:00 pm on July 27, 28, 29, 30, August 1, 2, 4, and from
7:30 am to 10:00 pm on July 31, and August 3, 2013. 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 $105.66 per hour per unit. (2) The hourly cost for a
paramedic unit will be $108.60 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.
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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 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,
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.
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")
In e presence of:
i ! .`I, le By: c� 1/, /.�
a I Mark . Rohloff, City Manager
...,I., deli 111- And: I A
aPamela R. Ubrig, City lerk
EXPERIMENTAL AIRCRAFT ASSOCIATION,
INC. ("EAA")
In t - presence of:
/.� _.. sue i At- , 4e By: YL--
Tit C- le ve-
Vice_ Presided
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By:IZA_,. _A -�� :_._ .
Title: Do,c r /1 y
��. lriCQic afe,„:„
Appr• ed:
l iAlla tii_i. .JTIi
e • '1 Lorenso , Attorney
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