HomeMy WebLinkAboutAmbulance Stby-08 Great Outdoors FestivalAGREEMENT
CITY OF OSHKOSH AND INTERMEDIA OUTDOORS, INC.
PARAMEDIC AMBULANCE STAND -BY
GREAT OUTDOORS FESTIVAL, Aug. 22-24,2008
THIS AGREEMENT made and entered into this 56 " day of IjVrll , 2008, by
and between InterMedia Outdoors, Inc., and the City of Oshkosh, a municipal corporation,
hereinafter called "City ",
WHEREAS, INTERMEDIA OUTDOORS, INC. has requested the City provide a dedicated
paramedic ambulance for stand -by, during specified hours of activity at the EAA grounds for the
Great Outdoors Festival
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 Great Outdoors Festival: Thursday, August 21, 2008 from Sam to 8pm;
Friday, August 22, from Sam to 6:30pm; Saturday, August 23, from Sam to 6 :30pm; Sunday, August
24, from Sam to 8pm; and Monday, August 25, from Sam 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 OUTDOORS, INC. shall pay $70 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 of the 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 8:00am and 4:30pm,
Monday through Friday or (920) 236 -5271 at other times.
The City shall invoice InterMedia Outdoors, Inc. following the event, with payment to be
made within 30 days of receipt of invoice. Invoice will be forwarded to: InterMedia Outdoors, Inc.
Outdoors, Kate Bartlett, 6420 Wilshire Blvd., 14 Floor, Los Angeles, CA 90048. Failure to timely
pay an invoice shall be a breach of this agreement. 1.2-. .0 10 - -4 8 1(
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 parry hereby agrees to hold the other parry 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 Outdoors, Inc. 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 Great Outdoors Festival or InterMedia Outdoors, Inc.'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 Outdoors, Inc. of laws, orders, regulations, requirements, or demands of any
governmental authorities; and,
D. Any breach or violation by InterMedia Outdoors, Inc. 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. § 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 OUTDO C.
By:
Cindy Caryl, Director, Events
CITY feW OSHKOSH
And:
Pamela R. Ubrig, itt Clerk/
And:
Timothy R. Frz�2fz, Fire Chi
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