The URL can be used to link to this page

Home My WebLink About2019 EAA Airventure Emergency Medical Standby 3531 AGREEMENT CITY OF OSHKOSH EMERGENCY MEDICAL SERVICE STANDBY 2019 EAA® AIRVENTURE® OSHKOSHTM; JULY 20—July 28, 2019 THIS AGREEMENT made and entered into this IO day of JvCe , 2019, 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 EAA®AIRVENTURE® 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: AMBULANCES: The City shall provide three (3) Ambulances, staffed with two paramedics each, to be present on the Airport during AirVenture First 2-Person Ambulance @ $163.33/hr (Flightline, then staged primarily at the Tower Medical Building) 0545-1830 Saturday, July 20 0545-2200 Wednesday, July 24 Sunday, July 21 Saturday, July 27 Monday, July 22 Tuesday, July 23 _Thursday, July 25 Friday, July 26 Sunday, July 28 Second 2-Person Ambulance @ $163.33/hr (staged primarily in Camp Scholler) 1000-2000 Monday, July 22 1000-2200 Wednesday, July 24 Tuesday, July 23 Saturday, July 27 Thursday, July 25 Friday, July 26 Sunday, July 28 1 Third 2-Person Ambulance @ $163.33/hr (dedicated to the daily air show, then as needed based on evening schedule) 1330-2130 Monday, July 22 1330-2200 Wednesday, July 24 Tuesday, July 23 Saturday, July 27 Thursday, July 25 Friday, July 26 1230-2000 Sunday, July 28 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. AIRPORT RESCUE FIRE FIGHTING: The City shall provide two (2) two-person airport rescue firefighting vehicles to be present on the Airport during AirVenture. First 2-Person Airport Rescue Firefighting Vehicle @ $143.08/hr 0545-2000 Saturday, July 20 0545-2200 Wednesday, July 24 Sunday, July 21 Saturday, July 27 Monday, July 22 Tuesday, July 23 _Thursday, July 25 Friday, July 26 Sunday, July 28 Second 2-Person Airport Rescue Firefighting Vehicle @ $143.08/hr 0545-2000 Saturday, July 20 0545-2200 Wednesday, July 24 Sunday, July 21 Saturday, July 27 Monday, July 22 _Tuesday, July 23 Thursday, July 25 Friday, July 26 Sunday, July 28 Third 2-Person Airport Rescue Firefighting Vehicle @ $143.08/hr, if needed If the Wisconsin Air National Guard (WIANG) is not available to provide coverage on each of the days (July 20, 2019 through July 28, 2019 inclusive) a single additional overtime crew will be required. 0545-2000 Saturday, July 20 0545-2200 Wednesday, July 24 Sunday, July 21 Saturday, July 27 Monday, July 22 Tuesday, July 23 Thursday, July 25 Friday, July 26 Sunday, July 28 FIRE ENGINE: The City shall provide one (1) three-person Fire Engine to be present on the Airport during AirVenture. One 3-Person Fire Company @ $254.07/hr 0730-2000 Monday, July 22 0730-2200 Wednesday, July 24 Tuesday, July 23 Saturday, July 27 Thursday, July 25 Friday, July 26 Sunday, July 28 SUPERVISOR: The City shall provide one Battalion Chief to be present on the Airport during AirVenture. One 1-Person Supervisor Vehicle @ $62.60/hr 0545-2100 Saturday, July 20 0545-2200 Wednesday, July 24 Sunday, July 21 Saturday, July 27 Monday, July 22 Tuesday, July 23 Thursday, July 25 Friday, July 26 Sunday, July 28 3 BACKFILL: The City shall provide two (2) two-person Backfill to be present on the Airport during AirVenture. Two Personnel for Backfill @ $71.54/hr per person 0500-0700 Saturday, July 20 Sunday, July 21 Monday, July 22 Tuesday, July 23 Wednesday, July 24 Thursday, July 25 Friday, July 26 Saturday, July 27 Sunday, July 28 Emergencies exceeding the capabilities of units assigned to AirVenture 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: Hourly Cost/Unit Description $62.60 Battalion Chief $143.08 Two-Person ARFF Vehicle $163.33 Two Paramedic Ambulance $254.07 Three-Person Fire Company $71.54 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 4 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 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. 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. 5 EXPERIMENTAL AIRCRAFT ASSOCIATION, INC. ecrd.P1iry c m.wety, /,iu Q-�-- (Witness) aren Kryza ' , i President, Risk Management and •man Resources CITY OF OSHKOSH By: fitness rk Rohloff, City n ge And:` amela Ubri , City lerk And. e G. Stan ey, fief Ap oved: (15,h . Lorens , y Attorney 6