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HomeMy WebLinkAboutEAA & Oshkosh/ Emergency medical Services 0.1 AGREEMENT CITY OF OSHKOSH EMERGENCY MEDICAL SERVICE STANDBY 2016 EAAO AIRVENTUREO OSHKOSHTM; JULY 23--July 31, 2016 THIS AGREEMENT made and entered into this day of , 2016, by and between the CITY OF OSHKOSH, a municipal corporation, hereinafter called "City"; and the EXPERIMENTAL AIRCRAFT ASSOCIATION, INC., 3000 Poberezny Rd, Oshkosh,WI 54902 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 Wittman Field Airport, Oshkosh, Wisconsin (the "Airport") during EAAO AIRVENTUREO OSHKOSHTM ("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: WITTMAN FIELD AIRPORT The City shall provide two (2) two-person Paramedic Units to be present on the Airport during the AirVenture from: First 2-Person Paramedic Unit 1 @$124.25/hr 0545-2030 Saturday, July 23 0545-2200 Wednesday, July 27 Sunday, July 24 Saturday, July 30 Monday, July 25 Tuesday, July 26 Thursday, July 28 Friday, July 29 Sunday, July 31 Second 2-Person Paramedic Unit 2 @ $124.251hr 1330-1800 Monday, July 25 1330-2200 Wednesday, July 27 Tuesday, July 26 Saturday, July 30 Thursday, July 28 Friday, July 29 1230-1700 Sunday, July 31 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. 1 The City shall provide three (3) two-person airport rescue firefighting vehicles to be present on the Airport during AirVenture. Three 2-Person Airport Rescue Firefighting Vehicles @ $115.481hr 0730-2000 Saturday, July 23 0730-2200 Wednesday, July 27 Sunday, July 24 Saturday, July 30 Monday, July 25 Tuesday, July 26 Thursday, July 28 Friday, July 29 Sunday, Jul 31 The City shall provide two (2) two-person Backfill to be present on the Airport during AirVenture. Two 2-Person Backfill @ $57.74 0500-0700 Saturday, July 23 Sunday, July 24 Monday, July 25 Tuesday, July 26 Wednesday, July 27 Thursday, July 28 Friday, July 29 Saturday, July 30 Sunday, July 31 The City shall provide one (1) one-person Airport Rescue Firefighting Vehicle to be present on the Airport during AirVenture. One 1-Person Airport Rescue Firefighting Vehicle @ $57.74 05450800 Saturday, July 23 Sunday, Jul 24 Monday, July 25 Tuesday, July 26 Wednesday, July 27 Thursday, July 28 Friday, July 29 Saturday, July 30 Sunday, July 31 2 The City shall provide one (1) two-person Airport Rescue Firefighting Vehicle to be present on the Airport during AirVenture. One 2-Person Airport Rescue Firefighting Vehicle @ $115.48 0545-0800 Saturday, July 23 Sunday, July 24 Monday, July 25 Tuesday, July 26 Wednesday, July 27 Thursday, July 28 Friday, July 29 Saturday, July 30 Sunday, July 31 The City shall provide one (1) two-person Airport Rescue Firefighting Vehicle to be present on the Airport during AirVenture. One 2-Person Airport Rescue Firefighting Vehicle @ $115.481hr 2000-2030 Monda , Jul 25 Tuesday, July 26 Thursday, July 28 Friday, July 29 EAA's GROUNDS The City shall provide one (1) three-person Cross-Staffed Fire Company (Engine and Ambulance) to be present on ERA's Grounds, Oshkosh Wisconsin, during AlrVenture. One Cross-Staffed 3-Person Fire Company @ $170.231hr 0730-2000 Monday, July 25 0730-2200 Wednesday, July 27 Tuesday, July 26 Saturday, July 30 Thursday, July 28 Friday, July 29 Sunday, July 31 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. 3 EAA shall pay for the cost associated with providing personnel, vehicles, equipment and other supplies, as follows: ROM $57.74 One-Person Airport Rescue Firefighting Vehicle ("ARFF") $195.48 Two-Person ARFF Vehicle $124.25 Paramedic Unit $170.23 Three Person Cross Staffed Fire Company $57.74 Backfill Personnel 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 AirVenture, 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. 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 FAA's negligent acts or omissions related to operation of AirVenture, 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. 4 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. This Agreement shall terminate upon performance of the obligations hereunder. EXPERIMENTAL,AIRCRAFT ASSOCIATION, INC, By; k4"i" (Witness) BrianjWierz i ski Executive Vice President ! CFO CITY OF OSHKOSH By: tness) Ly "Ma Rohloff, G-ItAl Manager And: Pamela R, Ubrig, Cfty Clerk And: Timothy R. Franz, Fire C ' f Approved: n . Loren , City Attorney 5