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HomeMy WebLinkAboutAmbulance Stand-by-Festival Foods Turkey Trot U1/ UL/ LU1U/ 1UG UJ. JJ 1111 V1IL JJ11 11r11-h 1'!tA 1VU. JLU LJU 011`t 1, UUI Nov. 2. 2010 1:20PM Oshkosh Fi re Dept 920 236 -5295 No, 6848 P. 2 AGREEMENT CITY OF OSHKOSH AND SHAUNA COLEMAN PARAMEDIC AMBULANCE STAND-BY 2010 FESTIVAL FOODS TURKEY TROT THIS AGREEMENT made and entered into this- day ofNovember, 2010, by and between Festival Foods Turkey Trot, hereinafter called "FF TURKEY TROT", and the City of Oshkosh, a municipal corporation, hereinafter called "CITY". WHEREAS, FF TURKEY TROT has requested the CITY provide a dedicated paramedic ambulance for stand -by, during specified hours for an evert at Oshkosh West High School, and WHEREAS, the Common Council for the City of Oshkosh has authorized the appropriate City officials to enter into such an agreement. NOW, THEREFORE, it is agreed by and between the parties to this agreement that the C!T Y shall provide one (1) two - person paramedic ambulance to be present at OWHS/Southland St., during the Turkey Trot on Thursday, Nov. 25, 2010 from 8:15 a.m. to 10:00 a.m. The paramedic unit shall be primarily responsible for providing first aid and response to medical emergencies. . IT IS FURTHER AGREED that FF TURKEY TROT shall pay $80 per hour for the ambulance at a minimum of 3 hours time. Billed time will commence 30 minutes prior to the start of stand -by and end 30 minutes after the termination of stand -by. Any additional hours requested or required to provide adequate service in the sole opinion of the Duty Chief for the City of Oshkosh Fire Department, shall be . added to the prescheduled standby hours and billed at the same hourly rate. If for any reason the event is cancelled, a three (3) hour minimum will be charged ifthc event is not cancelled at least twelve (12) hours before the scheduled start time. 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 FF TURKEY TROT, 310 W Walnut St, Ste. 350, Green Bay, WI 54303 following the event, with payment to be made within 30 days ofreceipt of invoice. Failure to timely an invoice eha I l be a breach of this agreement. All patients requiring transport by the Oshkosh Tire Department ambulance will be billed for services rendered according to the CITY's usual and customary procedures and rates for service. FT TURKEY TROT 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 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 FF TURKEY TROT 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); B. Any lawsuit brought or threatened, settlement reached, or local, state, or federal government or 1 Received Time Nov, 2. 2010 4:47PM No. 6854 NUY /UL /LU1U /1U1; Ub:b I'M Ushkosh YMLA PAX No. ZU L,JU 4444 r, UUL Nov. 2. 2010 1:21PM Oshkosh. Fire Dept 920 236--5295 No. 6848 P. 3 or agency order, including, but not limited to claims, costs, liabilities, or expenses arising under federal, state, or local law; C. Any violation of laws, orders, regulations, requirements, or demands of any governmental authorities; and, D. Any breach or violation of any contractual provision of whatever kind with any third party. and the CITY shall have the right to terminate this agreement without cause upon 10 days prior written notice to the other party. By: . •• (Witness) Shama Coleman - CITY OF OSHKOSH (Witness) By .. c,6 , ,� N.hIoff, . ti: :e And: i� �� 41 L - 1 k Pamela R. Ubrig, Ci lcr - 41 And: ..:,,_, • imothy R. Franz, Fire Chief Apptnvcd as to Palm; (_, Lynn Lorenson, City'Attorney • 2 Received Time Nov, 2. 2010 4 :47PM No 6854