HomeMy WebLinkAboutAmbulance Stby-07 Ducks Unlimited
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AGREEMENT 'I r<
CITY OF OSHKOSH AND INTERMEDIA OUTDOORS, !"L
PARAMEDIC AMBULANCE STAND-BY , I
DUCKS UNLIMITED (GREAT OUTDOORS FESTIV AV
i CITY
THIS AGREEMENT made and fnt~d into this &.fh- day of-' ,.- ~'.'- , ~~~;~ ~y"~'
and between INTERMEDIA Outdoor~~~nafter called "INTERMEDIA", and the i of Oshkosh,
a municipal corporation, hereinafter taIled "City",
WHEREAS, INTERMEDIA has requested the City provide a dedicated paramedic
ambulance for stand~by, during specified hours of activity at the EAA grounds for the Ducks
Unlimited Great Outdoors Festival, and
NOW, THEREFORE, it is agreed by and between the parties to this agreement that the City
shall provide one (1) two-:person paramedic ambulance to be present at the EAA grounds during
specified times during the Ducks Unlimited Event: Thursday, Augusf23, 2007 from 8am to 8 pm;
Friday, August 24, from 8am to 6:30pm; Saturday, August 25, from 8am to 6:30pm; Sunday, August
26, from 8am to 8pm; and Monday, August 27, from 8am to 4pm. The paramedic unit shall be
primarily responsible for providing for medical emergencies. Minor first aid and re-hydration will
not be a primary function of these units. In the event that the standby ambulance must transport a
patient to the hospital, another ambulance from the City of Oshkosh will respond to the grounds to
standby, until the primary standby unit returns.
INTERMEDIA shall pay $65 per hour for the ambulance. If for any reason the event is
canceled a three-hour minimum will be charged if the event is not cancelled at least twelve (12)
hours before the scheduled start time. Billed time will commence 30 minutes prior to the start of
stand-by and end 30 minutes after the termination of standby. Any additional hours requested or
required in the sole opinion ofthe Oshkosh Fire Department Duty Chief to provide adequate service,
shall be added to the prescheduled stand-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 INTERMEDIA following the event, with payment to be made within
30 days of receipt of invoice. Failure to timely pay an invoice shall be a breach ofthis agreement.
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.
It is thereby agreed by and between the parties to this agreement that each party is solely
responsible for its own activities and the activities of its employees/agents hereunder and any injuries
or damages which may result therefrom. Each party hereby agrees to hold the other party harmless
against any claim debt, demands, damages, action and cause of action whatsoever which may result
from the action/inaction of its employees/agents.
INTERMEDIA 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,
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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 Ducks
Unlimited or INTERMEDIA's operation during this 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 INTERMEDIA of laws, orders, regulations, requirements, or demands of any
governmental authorities; and,
D. Any breach or violation by INTERMEDIA of any contractual provision of whatever kind with any third
party.
No provision of this Agreement is intended, or shall be construed to be a waiver for any purpose by the City
of Oshkosh of the provisions of Wis. Stats. 9 893.80,895.52, and 345.05 or any other applicable limits on municipal
liability. Any indemnification that the City of Oshkosh gives under this Agreement is specifically limited by this
paragraph to the end that the City of Oshkosh shall not be liable in indemnification or contribution for any amount
greater than the recoverable limits for claims against municipalities established by Wisconsin law.
This Agreement shall terminate upon performance of the obligations hereunder.
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INTERMEDIA OUTDOORS./ j;Vt..,
By: ~
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Ka-tg Bartlett, Sal€8 &. Mai'keting CQordiaa;toy--SL
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CITY OF OSHKOSH
Pamela R. Ubrig, City Cler
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Timothy R. anz, Fire Chief '/
And:
Apprq/ed as to Form:
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ttorney
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