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Home My WebLink AboutWISCORS Cooperative Agreement- DOT and City of Oshkosh � / ^ ,3�� , WIS[]OT AGREEMENT NO. 1O0 -02 - 22 -2018 WlSCORS � COOPERATIVE AGREEMENT � . BETWEEN THE STATE OF WISCONS|N, ! DEPARTMENT OF TRANSPORTATION � AND CITY OF OSHKOSH (PARTNER) THIS AGREEMENT is made between the State of Wisconsin, acting by and � through the Secretary of the Department of Transportation (hereinafter referred to as DEPARTMENT), 4822 Madison Yards VVa»| MadiSUD, W| 53707' and City � of[lShkOSh' WigcoVsiM, acting by and through the City Manager of the City of Oshkosh, VViSCOOsin (hereinafter referred to as the PARTNER); 215 Church Ave, | Oshkosh, WI 54903. ' 1 Purpose 1.1 SeotionGG.D3O1 of the Wisconsin State Statutes, provides that the Secretary of ( Department of Transportation may coordinate the activities of DEPARTMENT under � Sections 84.01(6) and (13). 84.06(1m). 84.09. 84.095. and 85.09. Wis. Gtatu. with other appropriate pub|i authorities under Sections 8G.25. 114.31 and 114.32,VVis. 8bsts.. and enter into cooperative agreements with such authorities as necessary to carry out their duties, powers, and functions, 12 DEPARTMENT, in the interest of the traveling public and for the benefit of public safety, is developing a\88SconsinConti | Sbs |ono (N|GCDR8) Network throughout the State of Wisconsin (hereinafter referred_to as the PROGRAM). This PROGRAM will provide information needed to increase the accuracy of field collected Global Positioning System (GPS) survey and Geographic Information System (GiS)grade data. The PROGRAM iaa system ofGPS receivers permanently fixed et sites located in cities, counties, or villages throughout Wisconsin that provide positions on | points of interest in real time instantaneously, DEPARTMENT intends toenact � administrative rules assessing fees for access to the information supplied by the | PROGRAM, as authorized by the Wisconsin Legislature in recently-enacted s. 85.63(2), Wis. Gtots, ' 1.3 The PARTNER recognizes that the PROGRAM is a mutually beneficial way to participate ' in the implementation of the DEPARTMENT'S PROGRAM effort, and agrees to assist the � DEPARTMENT with its goal of providing coordination, guidance, and support of other � governmental entities as needed for development and maintenance of the PROGRAM, � and agrees to participate by making the resulting GPS data available free of charge to | the DEPARTMENT. � 2 Responsibilities ofAgencies 2.1 The PARTNER agrees to: 2.1.1 Provide power to operate the GPS receiver and Uninterrupted PowerSupp|y(UPS) (approximately 10mmtta is needed); suitable and secure high speed internet(i.e. DSL. ' � � cable, etc.) connection bo continuously GPS data bo the DEPARTMENT'S computer server: and a secure facility to house the GPS receiver.and related accessories. ' 2.1.3 The PARTNER shall notify the DEPARTMENT of any problems with the site and provide the necessary resources to resolve any minor operational issues with the site(e.g. reset GPS receiver, clean snow off GPS antenna, check power and/or internet connection, etc.) ' 2.1.3 Supply free uf charge, upon completion of the VV|8CDRS station, all necessary data collected by the PROGRAM, to the DEPARTMENT. This duty to make data collected available to the DEPARTMENT shall continue until termination of this Agreement. 22 DEPARTMENT agrees to: 2.2.1 Place conduit and buy all cabling needed to carry data from antenna on top ofmonument � to the macuna PARTNER structure that houses the OPS receiver. � 2.2.3 Purchase and install lightning suppressor to protect the GPS equipment from lightning. | 22.3 Purohaao, inataU, and maintain GP8 noceiver, building mount. Uninterrupted Power Supply/Battery Backup if required, antenna, antenna cable, and cabling necessary to � connect to Internet, service enclosure(s) including any modifications to the PARTNER building, such ea conduit access points through walls and floors. All modifications tothe i partner building and site will comply with building and fire codes and will be done in a good workmanlike fashion. 2.2.4 Purchase, insteU, and maintain the GPS hardware and aoMvvona including future upgrades necessary in order to centrally implement and manage the proposed statewide PROGRAPN, including but not limited to, network server, telecommunications equipment (at the aenmr). and facilities. 2.23 Provide one license (access code)free of charge to the PARTNER to gain access and � operation toutilize the PROGRAM for surveying and positioning services for aa long am � the PARTNER provides the facilities and utilities specified in Section 2.1.1. � 2.2.6 Maintain the proposed WISCORS so as to provide continuous operation throughout the | mbabs. � 2.2.7 Retain ownership of GPS hardware and software, building mount, all necessary cabling and oeni6eenohnure(a) provided by the DEPARTMENT bz operate the GPS receiver ot the PARTNER site. 3 Reports and Inspections 3.1 Nothing in this Agreement shall deny the DEPARTMENT the right to inspect the system for satisfactory compliance with the requirements of the Agreement during normal business hours of the PARTNER building. The PARTNER reserves the right to � accompany the DEPARTMENT during such inspections. � 4 Certification of Funds: Tann ! 4.1 This Agreement is subject to the determination by the DEPARTMENT that sufficient funds have been appropriated by the Wisconsin Legislature (or other governmental entities)to the DEPARTMENT for the purposes of this ement. |f the DEPARTMENT determines that sufficient funds have not been appropriated for purposes of this Agreement,then this Agreement m any renewal thereof will terminate on the date that the funding expires.without any further obligation by either party. � 4.2 This Agreement shall continue in force unless modified as provided in this subsection, or terminated ao provides in subsection 4.3 below. The terms and conditions of the Agreement may bo reviewed by the parties a(any time. A1 the time of the review, the parties shall determine whether the terms and conditions of this Agreement are still � satisfactory io each party or whether modifications are required. |f modifications are required, such changes shall be made by written amendment executed by both parties. Each party is free to request modifications to the terms and conditions of this Agreement � at any time while this Agreement is in effect and such modifications may be made by ! written amendment upon the mutual agreement of both parties. � 4.3 This Agreement may ba terminated bveither party upon sixty(60) days written notice to � the other party. Upon termination the DEPARTMENT shall 1) remove its equipment and � the CORS monument, and 2) restore the property to its original condition at its own cost. � 5 Disputes � 5.1 |n the event that any disputes arise between the DEPARTMENT and the PARTNER concerning interpretation of, or performance pursuant to, this Agreement, such dispute shall be resolved mutually between the Secretary of the Wisconsin DEPARTMENT of Transportation or authorized representative and the PARTNER'S authorized 1 representative. � G Notice ' � 6.1 Notice under this Agreement shall be directed as followa � Tony Neumann IT Manager � 215 Church Avenue � P.D. Box 113O � Oshkosh,N8543O3'113O � � Tekaphone: Q2O-22G-5148 E-Mail: tneumonn@oioahkomh.wius � Wisconsin Department of Transportation ! Bureau of Technical Services � Truax Center � 35U2 Kinsman Blvd. � Madison,Wisconsin 537O4 � ATTN: Ray A. Kumapoyi � Telephone: (GO8)24G-7941 � E-mail: ray.kumapayi@dot.vvigov � 7 General Provisions � 7.1 Th�Agreement oon��ubesthe endneAgreement between the parUea. All prior � discussions and understandings between the parties are superseded by this Agreement. | 7.2 Neither this Agreement nor any rights, duties, or obligations described herein shall be assigned by either party hereto without the prior express written consent of the other � � party, Cooperative WISCORS agreement Februaryz2,2018 Page 7.3 This Agreement shall be construed and interpreted and the rights of the parties determined in accordance with the laws of the State of Wisconsin. 7.4 This Agreement shall be deemed to have been substantially performed only when fully performed according to its terms and conditions and any modifications thereof. 7.5 Any person executing this Agreement in a representative capacity hereby represents that he/she has been duly authorized by his/her principal to execute this Agreement on such principal's behalf. IN WITNESS WHEREOF, the parties hereunto have caused this Agreement to be duly executed in duplicate as of the day and year last written below. PARTNER: K Date: -Z ,�;h1f Mark Rohloff, City Manager, City of Oshkosh DEPARTMENT: Date: Ray'A'Kumapayi, Chief,-Suryeyin4 &Mapping Section, W1sDOT Pamela R. Ubrig, City Clerk, City of Oshkosh Date: Trena� arson, Finance Director, City of Oshkosh 4 dA L/ Date: 3, 31 LyynP1Tenson, tt)rney, City of Oshkosh Cooperative VVISCORS Agreement February 22, 2018 Page4