HomeMy WebLinkAboutAmbulance Stby-06 Ducks Unlimited
07/26~06 02:45 G68 ~ 919202365106
" J u I ' 26, 2 0 0 6 ! 0 : 0 A'M
NO.803
Nc.624B p, 2
[;103
AGREEMENT
CiTY OF OSHKOSH AND PRTMRDIA OUTDOORS
PARAMEDIC AMBULANCE STAND.BY
DUCKS UNLIMiTED (GREAT OUTDOORS FESTIVAL)
TIDS AGREEMENT made 3nd entered into this ~Sri day of ~ __.~, 2006, by
and between PRlMEOtA Oul(k'<'lr~ h6T~ini\fter called "PRlMEDJA", al~ of Oshkosh, a
municipal c()l'l'oration, hereinafter called "City",
wr,EREAS, PRIMEDIA has roqucsted the City pl'ovide a dedicated par~'\mcdic ambul:mce
rOT swnd-by, during specified hours of activity at the EAA gro\\nds for the Ducks Unlimited Greill
Outdoors Festival. and
NOW. THEREFORE. it is agreed by and between tllc parties to this agreem~nt that the Clty
5hl.\1I provide one (1) two-person paramedic lU11buhmce to be present at the EAA grounds during
specified times during tIle D'Ucks UnlirnHed Evenl; Thursday, August 24, 2006 from Sam to 8 pm;
Friday, AL\g\.~st 2S, from 8am to 7:30pm; Saturday, August 26, from 8am to 7:30pm; Sunday, AUgltst
27, 11'001 Bam to 8pm; and Monday. August 28, ii-om 8am to 4pm. The paramedic unit shaH be
primalily responsible for pToviding for medical emergencies. Minor first aid and re-hydration will
not be a primnry ('unction of these \mits, III the event that the slandby ambulance mllst transport a
patient to the hospital, another ambulance from the City or Oshkosh will respond to the grounds LO
standby, until the prhmtry standbY\lnLt returns.
PRlMEDJA shall pay $65 per hour for the ~mbulance. Tf for any reason the event is canceled
a lhreC::Jho\.~r minimum will be eh,lrged if the event is 110t cancelled at least twelve (12) nouTS before
the scheduled start time. Billed time will commence 30 1ll1nutes prior to the start of standwby :md
end 30 minuLel> after lhe tem1ination of standby. Any additional hours requested or f"equirec.l1n lhe
sole opinion ofthc Oshkosh Fire Depal1ment"Duty Chief to provide adequate service, shall be added
to the prescheduled st.and-by hours and billed at the same hourly rate. Pre-event cancellations shall
be made by calling (920) 236-5240 between 8:00 a,m. and 4:30 p.m., Monday through Friday or
(920) 236-5271 at other times.
The, City shall invoice PRlMEDIA following the event) with payment to be Iuade within 30
days ofreceipt ofinvoice. Failure to timely pay an invoice shall be a breach (lfthis agreement
All patienls requiring lransport by the Oshkosh Fire Dcpartnlent amb~llallce will be b111ed Jer
services rendered according to the City's usual and customary procedures and rates for service.
Tl is thereby agreed by and bctwCCll the parties to ti1is agreemel''1t that each party Is solely
responsible for its own activities and the activWes of its employees/agents hereunder and any injuries
or uarl'lages which may result ihercfrom. Each ptuW hereby agrees to hold the other party hann1css
3f~ainst allY claim debt. demands, dam.ages, act10n and cause of action whatsoever which may resl.lll
ITom the aclio'n/lMetion onts employees/agents.
PR.IM:EDIA shall indemnify :md save hannle..,s the CITY from and against any and aU losses,
claims, demands, pe".\ll~es, Cines~ callses of actlo~ costs, damages, expense~ and liabilitYI including
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without limitation any reasonnble atlomey or consultant fees. investigation fees, coun costs and
litigation expenses. and other costs of defense arising O\.ll of or in any maIUler related to Ducks
UTllimiled or PJUMEDIA's operation during this event, including but not limited to:
A. . Any personal injUlY or bodiJy injury (including wrongful death) Or property damage (real or
pcrsonal)(cxcept to the extent caused by the City)~
B. Any lawsuit brought or throijtc::ned, settlement reached, or local) state, or federal government
OT agency order, includin~ but not limited to claims, costs, liabilities. or expenses arising
under {aderal, stale, or local law~
C. Any violation by PRIMEDlA of laws, orders, regulations, requirements, or demands of any
govcrnmenLal ~lLlihoTitjes; and,
D. Any breach OT" vlolati on by PlUMEDlAi. of any COlltracmal provision o[whatever kind wi lh
ahy third party.
No prOvlsio)1 of this Agreement is intended, or shall be constmed lo be a waiver for any
ptn'Pose by the City of Oshkosh ofthe provisions ofWis, S.tats. ~ 893,gO, 895.52. and 345.05 or any
other applicable limits on municipal liability, Any indemnificalion that the City of Oshkosh gives
under this Agreementls specifically limited by this paragraph to the end that the City of OshkolSh shall
not be liable in indemnification or canbibulion for any romount greater than the rocoverable limit~ lor
claims against mUl1icipalities established by Wisconsin law.
This Agreement shall tern1lnate upon performance of the obl;g~\tions hereunuer.
~
By:
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