HomeMy WebLinkAbout03-25.docJANUARY 28, 2003 03-25 RESOLUTION
(CARRIED 7-0 LOST LAID OVER
WITHDRAWN
PURPOSE:
INITIATED BY:
APPROVE AGREEMENTS FOR TRANSPORTATION SERVICES
WITH WINNEBAGO COUNTY; LAKESIDE PACKAGING PLUS,
INC., ZION ELDERCARE AND RED CROSS
TRANSPORTATION DEPARTMENT
WHEREAS, the City of Oshkosh Transportation Department has recommended
approval of the above agreements;
(Agreements - As on file in the City Clerk's Office)
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of
Oshkosh that the agreements between the City of Oshkosh, Winnebago County,
Lakeside Packaging Plus, Inc., Zion Eldercare and Red Cross for transportation
services are hereby approved and directed to enter into same.
Money for this purpose is hereby appropriated from:
Acct. No. 511-1728-6449-00000 -- Purchased Transportation
AGREEMENT BETWEEN THE CITY OF OSHKOSH AND
ZION ELDERCARE FOR THE PROVISION OF
ELDERCARE TRANSPORTATION SERVICES
WHEREAS, it has been determined to be beneficial to the City of Oshkosh and Zion
Eldercare to have the City of Oshkosh assume the responsibility for the payment of transportation
services provided for by Zion Eldercare.
NOW, THEREFORE, IT IS AGREED by and between Zion Eldercare and the City of
Oshkosh, that the City of Oshkosh will accept billing from Zion Eldercare for calendar year 2003
and will provide payment to Zion Eldercare for transportation services performed.
Zion Eldercare agrees to pay the City of Oshkosh 70.0% of the transportation costs provided
for and by Zion Eldercare. If the total cost of transportation services provided by or for Zion
Eldemare Inc. in 2003 exceeds $45,000, Zion Eldercare shall pay 100% of the transportation costs
up to a limit of $56,250. This agreement shall remain in effect during the calendar year 2003.
That Zion Eldercare agrees to indemnifY and hold harmless the City of Oshkosh, including
its directors, officers, employees, insurers and successors, from and against any and all claims,
demands, penalties, fines causes of action, liabilities, settlements, damages, costs, and expense,
including, without limitation, attorney's and consultants~ fees, investigation fees, court costs and
litigation expenses, and other costs of defense, known or unknown, contingent or otherwise, arising
out of or in any way related to the provision of transportation services under this agreement
including but not limited to:
Any personal injury or bodily injury (including wrongful death) or property damage
(real or personal);
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 from federal, state, or local law;
Any violation of laws, orders, regulations, requirements, or demands of any
governmental authorities; and
Any breach or violation of any contractual provision of whatever kind with any third
party.
The City of Oshkosh agrees to indemnify and hold harmless zion Eldercare, including its directors,
officers, employees, insurers and successors, from and against any and all claims, demands,
penalties, fines causes of action, liabilities, settlements, damages, costs, and expense, including,
without limitation, attorney's and consultants' fees, investigation fees, court costs and litigation
expenses, and other costs of defense, known or unknown, contingent or otherwise, arising out of or
in any way related to the provision of transportation services under this agreement including but not
limited to:
Any personal injury or bodily injury (including wrongful death) or property damage
(real or personal);
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 from federal, state, or local law;
Any violation of laws, orders, regulations, requirements, or demands of any
governmental authorities; and
Any breach or violation of any contractual provision of whatever kind with any third
party.
Zion Eldercare agrees to maintain worker's compensation insurance in accordance with the statutory
requirements of the State of Wisconsin.
Zion Eldercare agrees to maintain during the life of its agreement such public liability, vehicle
liability and property damage insurance as shall protect the City of Oshkosh and Zion Eldercare from
all claims for damages, personal injury, including accidental death, as well as claims for property
damages which may arise from operations under this agreement whether such operations be by Zion
Eldercare or by others directly or indirectly employed by either of them, by naming them as
additionally insured with respect to this program. The minimum of insurance shall be:
$350,000 combined single limit per accident, as well as the required workman's
compensation insurance with the City named as additional insured.
The insurance specified above shall be an acceptable insurance company authorized to do business
in the State of Wisconsin, and shall be taken out before work is commenced and kept in effect until
all work is completed. The City shall be given a minimum of 30 days notice in the event of change
or cancellation of any insurance requirements. The City shall be named "additionally insured" on
all policies.
Zion Eldercare agrees to be subject to the rules and regulations if the Wisconsin Department of
Transportation (WlSDOT) and the Federal Transportation Administration 0eTA) under the provision
of the Urban Mass Transportation Act of 1964, as amended. It includes the attachment "Supplement
- Federal Regulations" except the term listed in paragraph 2 is amended to mn concurrently with the
term of this agreement.
Zion Eldercare agrees to be subject to Oshkosh Transit's drug and alcohol policy which is effective
January 1, 1996 that is described in Attachment B.
IT IS FURTHER AGREED by and between parties hereto that in consideration of the costs paid
by the County, that Zion Eldercare shall collect and retain all user fees and fares which may be
derived through the use of these routes.
IN WITNESS THEREOF, the parties have caused this agreement to be executed by their
respective proper officers and affixed their corporate seals hereto this day of
20
CITY OF OSItKOSIt
Richard A. Wollangk
City Manager
Pamela Ubrig
City Clerk
:mESS F
APPROVED BY:
I hereby certify that the necessary
provisions have been made to pay
the liability which will accrue
under this contract.
Warren P. Kraft Edward A. Nokes
City Attorney Director of Finance
AGREEMENT BETWEEN THE CITY OF OSHKOSH AND
RED CROSS FOR THE PROVISION OF
TRANSPORTATION SERVICES
WHEREAS, it has been determined to be beneficial to the City of Oshkosh and Red Cross
to have the City of Oshkosh assume the responsibility for the payment of transportation services
provided for by Red Cross.
NOW, THEREFORE, IT IS AGREED by and between Red Cross and the City of
Oshkosh, that the City of Oshkosh will accept billing from Red Cross for calendar year 2003 and will
provide payment to Red Cross for transportation services performed.
Red Cross agrees to pay the City of Oshkosh 70.0% of the transportation costs provided for
and by Red Cross. If the total costs of transportation services provided by or for Red Cross Inc. in
2003 exceeds $51,428, Red Cross shall pay 100% of the transportation costs. This agreement shall
remain in effect during the calendar year 2003.
That Red Cross agrees to ind~nify and hold harmless the City of Oshkosh, including its
directors, officers, employees, insurers and successors, from and against any and all claims,
demands, penalties, fines causes of action, liabilities, settlements, damages, costs, and expense,
including, without limitation, attorney's and consultants' fees, investigation fees, court costs and
litigation expenses, hnd other costs of defense, known or unknown, contingent or otherwise, ar/sing
out of or in any way related to the provision of transportation services under this agreemenfincluding
but not limited to:
Any personal injury or bodily injury (including wrongful death) or property damage
(real or personal);
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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 from federal, state, or local law;
Any violation of laws, orders, regulations, requirements, or demands of any
govermmental authorities; and
Any breach or violation of any contractual provision of whatever kind with any third
party.
The City of Oshkosh agrees to indemnify and hold harmless Red Cross, including its directors,
officers, employees, insurers and successors, from and against any and all claims, demands,
penalties, fines causes of action, liabilities, settlements, damages, costs, and expense, including,
without limitation, attorney's and consultants' fees, investigation fees, court costs and litigation
expenses, and other costs of defense, known or unknown, contingent or otherwise, arising out of or
in any way related to the provision of transportation services under this agreement including but not
limited to:
Any personal injury or bodily injury (including wrongful death) or property damage
(real or personal);
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 fi.om federal, state, or local law;
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Any violation of laws, orders, regulations, requirements, or demands of any
governmental authorities; and
Any breach or violation of any contractual provision of whatever kind with any third
party.
Red Cross agrees to maintain worker's compensation insurance in accordance with the statutory
requirements of the State of Wisconsin.
Red Cross agrees to maintain during the life of its agreement such public liability, vehicle liability
and property damage insurance as shall protect the City of Oshkosh and Red Cross fi.om all claims
for damages, personal injury, including accidental death, as well as claims for property damages
which may arise fi.om operations under this agreement whether such operations be by Red Cross or
by others directly or indirectly employed by either of them, by naming them as additionally insured
with respect to this program. The minimum of insurance shall be:
$350,000 combined single limit per accident, as well as the required workman's
compensation insurance with the City named as additional insured.
The insurance specified above shall be an acceptable insurance company authorized to do business
in the State of Wisconsin, and shall be taken out before work is commenced and kept in effect until
all work is completed. The City shall be given a minimum of 30 days notice in the event of change
or cancellation of any insurance requirements. The City shall be named "additionally insured" on
all policies.
Red Cross agrees to be subject to the rules and regulations if the Wisconsin Department of
Transportation (WISDOT) and the Federal Transportation Administration (FTA) under the provision
of the Urban Mass Transportation Act of 1964, as amended. It includes the attachment "Supplement
- Federal Regulations" except the term listed in paragraph 2 is amended to nm concurrently with the
term of this agreement.
Red Cross agrees to be subject t° Oshkosh Transit's drug and alcohol policy which is effective May
8, 2001 that is described in Attachment B.
IN 'WITNESS TItEREOF, the parties have caused this agreement to be executed by their respective
proper officers and affixed their corporate seals hereto this day of
20 '
CITY OF OSHKOSH
RED CROSS
Richard A. Wollangk
City Manager
Pamela Ubrig
City Clerk
WITNESS
APPROVED BY:
Warren P. Kraft
City Attorney
APPENDIX B
THE OSHKOSH TRANSIT SYSTEM DRUG AND ALCOHOL TESTING PROGRAM
AGREEMENT BETWEEN THE CITY OF OSHKOSH
AND WINNEBAGO COUNTY: PROVISION OF CABULANCE SERVICE
WHEREAS, Winnebago County desires to provide financial assistance to the City of
Oshkosh in providing transportation services to disabled citizens within, the City of Oshkosh and
Winnebago County: and
VCHEREAS, the provision of a Grant to the City of Oshkosh by Winnebago County will
enable the City of Oshkosh to provide transportation services to disabled citizens within the City of
Oshkosh and Winnebago County.
NOW, THEREFORE, IT IS AGREED between Winnebago County and the City of
Oshkosh as follows:
That Winnebago County agrees to provide a Grant to the City of Oshkosh in the
amount of $35,400 during the 2003 calendar year for the purpose Of enabling the City
of Oshkosh to provide disabled transportation (Cabulance) services within the City
of Oshkosh during 2003.
That Winnebago County shall be provided access to the records of the City of
Oshkosh upon request so as to verify by audit or other means, that the Grant monies
provided herein are being utilized for the purpose of providing transportation
services to disabled citizens within the City of Oshkosh and Winnebago County
during 2003.
The City of Oshkosh agrees to indemnify and hold harmless Winnebago County,
including its directors, officers, employees, insurers and successors, from and against
any and all claims, demands, penalties, fines, causes of action, liabilities, settlements,
damages, costs, and expenses including, without limitation, attorney's and
consultants' fees, investigation fees, court costs and litigation expenses, and other
costs of defense, known or unknown, contingent or otherwise, arising out of or in any
way related to the provision of transportation services under this agreement including
but not limited to:
Any personal injury or bodily injury (including wrongful death) or property
damage (real or personal);
Bo
Any lawsuit brought or tkreatened, settlement reached or local, state, or
federal government or agency order, including, but not limited to claims,
costs, liabilities, or expenses arising from federal, state, or local law;
Any violation of laws, orders, regulations, requirements, or demands of any
govermnentai authorities; and
Any breach or violation of any contractual provision of whatever kind with
any third party.
That Winnebago County agrees to indemnify and hold harmless; the City of Oshkosh,
including its d/rectors, officers, employees, insurers, and successes from and against
any and all claims, demands, penalties, fines causes of action, liabilities, settlements,
damages, costs, and expense, including, without limitation, attorney's and
consultants' fees, investigation fees, court costs and litigation expenses, and other
costs of defense, known or unknown, contingent or otherwise, arising out of or in any
way related to the provision of transportation services under this agreement including
but not limited to:
Ao
Any personal injury or bodily injury (including wrongful death) or property
damage (real or personal);
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 from federal, state, or local law;
Any violation of laws, orders, regulations, requirements, or demands of any
governmental authorities; and
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Any breach or violation of any contractual provision of whatever kind with
any third party.
.The intention of paragraphs 3 and 4 above is that each party shall be responsible for the actions of
~ts own employees and agents. Further this paragraph shall be construed liberally in favor of the
party seeking indemnification hereunder.
-2-
IN WITNESS THEREOF, the parties have caused this agreement to be executed by their
respective proper officers and affixed their corporate seals hereto this day of
20
CITY OF OSHKOSH
R/chard A. Wollangk
City Manager
Pamela Ubrig
City Clerk
WINNEBAGO COUNTY
"~l~E~xecutive
County Clerk
APPROVED BY:
Warren P. Kraft
City Attorney
City of Oshkosh
I hereby certify that the necessary
provisions have been made to pay
the liability which will accrue under
this contract.
'~BY:
C.o. rpor_a~on Couns~,,,
WiTago County
Edward A. Nokes
Director of Finance
-3-
AGREEMENT BETWEEN THE CITY OF OSHKOSH AND WINNEBAGO COUNTY:
PROVISION OF RURAL TRANSPORTATION SERVICES
WltEREAS, Winnebago County desires to provide financial assistance to the City of
Oshkosh in providing transportation services to disabled citizens within rural Winnebago County:
and
WHEREAS, the provision of a Grant to the City of Oshkosh by Winnebago County will
enable the City of Oshkosh to provide 'transportation services to disabled citizens within rural
Winnebago County.
NOW, THEREFORE, IT IS AGREED between Winnebago County and the City of
Oshkosh as follows:
That Winnebago County agrees to provide a Grant to the City of Oshkosh to provide
rural transportation services to disabled persons residing within rural areas of
Winnebago County (including the townships of Neenah and Menasha) during the
calendar year 2003.
That pursuant to this agreement, Winnebago County shall provide a Grant to the City
of Oshkosh in the amount of 39.2% of operating costs during the 2003 calendar year
for the purpose of enabling the City of Oshkosh to provide rural disabled
transportation within Winnebago County during 2003. Expenses are budgeted not
to exceed $18,000. If the total cost exceeds $22,500, the City and Winnebago
County will negotiate a new funding formula for the remainder of the contract period.
That Winnebago County shall be provided access to the records of the City of
Oshkosh upon request so as to verify by audit or other means, that the Grant monies
provided herein are being utilized for the purpose of providing transportation
services to disabled citizens of rural Winnebago County during 2003.
The City of Oshkosh agrees to indemnify and hold harmless Winnebago County,
including its directors, officers, employees, insurers and successors, from and against
any and all claims, demands, penalties, fines, causes of action, liabilities, settlements,
damages, costs, and expenses including, without limitation, attorney's and
consultants' fees, investigation fees, court costs and litigation expenses, and other
costs of defense, known or unknown, contingent or otherwise, arising out of or in any
way related to the provision of transportation services under this agreement including
but not limited to:
Any personal injury or bodily injury (including wrongful death) or property
damage (real or personal);
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 from federal, state, or local law;
Any violation of laws, orders, regulations, requirements, or demands of any
governmental authorities; and
Any breach or violation of any contractual provision of whatever kind with
any third party.
That Winnebago County agrees to indemnify and hold harmless, the City of Oshkosh,
including its directors, officers, employees, insurers, and successes from and against
any and all claims, demands, penalties, fines causes of action, liabilities, settlements,
damages, costs, and expense, including, without limitation, attorney's and
consultants' fees, investigation fees, court costs and litigation expenses, and other
costs of defense, known or unknown, contingent or otherwise, arising out of or in any
way related to the provision of transportation services under this agreement including
but not limited to:
Any personal injury or bodily injury (including wrongful death) or property
damage (real or personal);
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 from federal, state, or local law;
Any violation of laws, orders, regulations, requirements, or demands of any
governmental authorities; and
Any breach or violation of any contractual provision of whatever kind with
any third party.
The intention of paragraphs 4 and 5 above is that each patty shall be responsible for the actions of
its own employees and agents. Further this paragraph shall be construed liberally in favor of the
party seeking indemnification hereunder.
-2-
IN WITNESS THEREOF, the parties have caused this agreement to be executed by their
respective proper officers and affixed their corporate seals hereto this day of
20
CITY OF OSHKOSH
Richard A. Wollangk
City Manager
Pamela Ubrig
City Clerk
WINNEBAGO COUNTY
County Clerk
APPROVED BY:
Lynn A. Lorenson
Asst. City Attorney
City of Oshkosh
I hereby certify that the necessary
provisions have been made to pay
the liability which will accrue under
this contract.
Corpoyfition Cot~sel
W~bago Connt~
Edward A. Nokes
Director of Finance
-3-
AGREEMENT BETWEEN THE CITY OF OSHKOSH, WINNEBAGO COUNTY
AND LAKESIDE PACKAGING PLUS FOR PROVISION OF LAKESIDE
PACKAGING PLUS INC TRANSPORTATION SERVICES.
WHEREAS, Winnebago County has previously entered into agreements with Lakeside
Packaging Plus Inc. for the provision of transportation services for its Oshkosh facility and other
sites of client service within the City of Oshkosh; and
WHEREAS, it has been determined to be beneficial to the City of Oshkosh and Winnebago
County, to have the City of Oshkosh assume the responsibility for the payment of transportation
services provided for by Lakeside Packaging Plus, Inc.
NOW, THEREFORE, IT IS AGREED between Winnebago County and the City of
Oshkosh, that the City of Oshkosh will accept billing from Lakeside Packaging Plus, Inc. for
calendar year 2003 and will provide payment to Lakeside Packaging Plus, Inc. for transportation
services performed.
1) Winnebago County agrees to pay the City of Oshkosh 70.0% of the transportation costs
provided for and by Lakeside Packaging Plus, Inc. If the total cost of transportation services
provided by or for Lakeside Packaging Plus, Inc. in 2003 exceeds $146,000, Winnebago County
shall pay 100% of the transportation costs up to a limit of $175,516. This agreement shall remain
in effect during the calendar year 2003.
2) That Winnebago County agrees to indemnify and hold harmless the City of Oshkosh,
including its directors, officers, employees, insurers and successors, from and against any and all
claims, demands, penalties, fines causes of action, liabilities, settlements, damages, costs, and
expense, including, without limitation, attorney's and consultants' fees, investigation fees, court costs
and litigation expenses, and other costs of defense, known or unknown, contingent or otherwise,
arising out of or in any way related to the provision of transportation services under this agreement
including but not limited to:
Any personal injury or bodily injury (including wrongful death) or property damage (real or
personal);
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
from federal, state, or local law;
Any violation of laws, orders, regulations, requirements, or demands' of any governmental
authorities; and
Do
Any breach or violation of any contractual provision of whatever kind with any third party.
3) The City of Oshkosh agrees to indemnify and hold harmless Winnebago County, including
its directors, officers, employees, insurers and successors, from and against any and all claims,
demands, penalties, fines causes of action, liabilities, settlements, damages, costs, and expense,
including, without limitation, attorney's and consultants' fees; ...... : ~' -
, ~v~ugatlon Ices, court costs and
~ituitga~t~°n e.xpenses, and o,ther .costs.of defense, known or unlmown, contingent or otherwise, afisin
m or m any way relatecl to the provision of transportation services under this agreemeangt
including but not limited to:
Any personal injury or bodily injury (including wrongful death) or property damage (real or
personal); '
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
from federal, state, or local law;
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.
4) Lakeside Packaging Plus, Inc. agrees to maintain worker's compensation insurance in
accordance with the statutory requirements of the State of Wisconsin.
5) Lakeside Packaging Plus, Inc. agrees to maintain during the life of its agreement such public
liability, vehicle liability and property damage insurance as shall protect the City of Oshkosh and
Lakeside Packaging Plus, Inc. from all claims for damages, personal injury, including accidental
death, as well as claims for property damages which may arise from operations under this agreement
whether such operations be by Lakeside Packaging Plus, Inc. by others directly or indirectly
employed by either of them, by naming them as additionally insured with respect to this program.
The minimum of insurance shall be:
$350,000 combined single limit per accident, as well as the required workman's
compensation insurance with the City named as additional insured.
The insurance specified above shall be an acceptable insurance company authorized to do business
in the State of Wisconsin, and shall be taken out before work is commenced and kept in effect until
all work is completed. The City shall be given a minimum of 30 days notice in the event of change
or cancellation of any insurance requirements. The City shall be named "additionally insured" on
all policies.
6) Lakeside Packaging Plus, Inc. agrees to be subject to the roles and regulations of the
W~sconsm Department of Transportation (WISDOT) and the Federal Transportation Administration
(FTA) under the provision of the Urban Mass Transportation Act of 1964, as amended. Federal
guidelines are specified in Appendix A, "Applicable Federal Regulations".
-2-
Lakeside Packaging Plus, Inc. agrees to be subject to Oshkosh Transit's drag and alcohol policy
which is effective January 1, 1996 that is described in Attachment B.
The intention of paragraphs 3 and 4 above is that each party shall be responsible for the actions of
its own employees and agents. Further this paragraph shall be construed liberally in favor of the
party seeking indemnification hereunder.
IT IS FURTHER AGREED by and between parties hereto that in consideration of the costs paid
bY the County, that Winnebago County shall collect and retain all user fees and fares which may be
derived through the use of these routes.
IN WITNESS TItEREOF, the parties have caused this agreement to be executed by their
r~s0Pective proper officers and affixed their corporate seals hereto this day of
CITY OF OSItKOSIt
Richard A. Wollangk
City Manager
Pamela Ubrig
City Clerk
APPROVED BY:
Lynn A. Lorenson
Asst. City Attorney
W~_B~AGO COUNTY
Jane Vx-mdeHey
~o~ty~xecutive
~ue Ertmer
County Clerk
LAKESIDE PACKAGING PLUS, INC.
Dr. David Brotski
Executive Director
I her.eb.y certify that the necessary
prows~ons have been made to pay
the liability which will accrue under
this contract.
WITNESS
Edward A. Nokes
Director of Finance
-3-
GRANT AGREEMENT
Between
WINNEBAGO COUNTY
and
OSHKOSH TRANSIT SYSTEM
for
Transportation to the Elderly
COPY
This GRANT AGREEMENT is made and entered into this 1st day of January, 2003 by and between
WINNEBAGO COUNTY, hereinafter referred to as "COUNTY," and OSHKOSH TRANSIT SYSTEM, 926
Dempsey Trail,, Oshkosh, WI 54901, Transportation to the Elderly hereinafter referred to as "GRANTEE", for
the period from January 1, 2003 through December 31, 2003.
WITN ESSETH:
WHEREAS, the COUNTY has applied for financial assistance to the Wisconsin Bureau of Aging and
Long Term Care Resources for funds provided through the Federal Older Americans Act; and
WHEREAS, the COUNTY has provided monies for development of programs to older adults; and
WHEREAS, Winnebago County desires to provide financial assistance to GRANTEE in carrying out a
service to older adults in Winnebago County;
NOW, THEREFORE, in consideration of the mutual promises and covenants of the parties hereto, it is
agreed as follows:
SECTION I: RESPONSIBILITIES OF GRANTEE
GRANTEE agrees to use monies provided through this GRANT AGREEMENT to undertake the
aforementioned service program to older adults identified by name and generally as described in
the Winnebaqo County's Plan for Services to The Elderly 2003-2005, which is hereby
incorporated by reference into this GRANT AGREEMENT.
GRANTEE agrees to obtain prior approval from the COUNTY if funds covered under this GRANT
AGREEMENT are to be used for'purposes other than those described in Section Ill of the
aforementioned Plan and Budget.
GRANTEE shall adhere to Assurances of Compliance with Federal and State Regulations as
described in Section IV of the aforementioned Plan and Budget.
Page 2 of 5
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SECTION I1: BUDGET & PAYMENT PROCEDURES
¥
COUNTY agrees to provide the GRANTEE with funding as follows:
$118,201 Total
GRANTEE agrees to provide at least the minimum matching share as follows:
$0 In Kind Match and/or Cash Match
The term "In-Kind Match" shall have a meaning as defined in the Wisconsin Aqinq
Network Policies and Procedures Manual. Cash and In-Kind Match shall be applied
toward the cost of Older Adult program(s) funded through this GRANT AGREEMENT.
Insufficient match by GRANTEE may reduce the Federal and/or State funded amount.
GRANTEE agrees to provide to COUNTY monthly fiscal reports within ten (10) working days of
the end of each calendar month and to complete other reports as requested by COUNTY.
COUNTY shall reimburse GRANTEE within ten (10) days of the report due date with payment
based upon actual expenses reported by GRANTEE. GRANTEE agrees to submit a final year-
end report, if applicable, by February 18, 2004.
GRANTEE may in no case obligate Federal, State, or County monies provided through this grant
agreement beyond December 31, 2003. Obligated funds not actually expended by GRANTEE
must be returned to the COUNTY within thirty (30) days.
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SECTION lie AUDIT AND RECORD DISCLOSURES
GRANTEE shall maintain financial and accounting records, supporting documents, reports, and
other materials pertinent to this GRANT AGREEMENT in accordance with the Wisconsin
Department of Health & Family Services Allowable Cost Policies Manual and. shall retain such
records and supporting documentation for a period of at least three years from the date of
termination of this GRANT AGREEMENT.
GRANTEE shall, upon request, allow representatives of the Federal Administration of Aging, Bay
Area Agency on Aging, State of Wisconsin and/or COUNTY to have access to such records as
may be necessary to confirm compliance with the specifications of this GRANT AGREEMENT.
GRANTEE shall submit to COUNTY a certified annual financial and compliance audit report
completed in accordance with the Department of Health & Family Services GRANTEE Aqency
Audit Guide and (for governmental agencies) the Federal Government Office of Management and
Budget OMB Cimutar A-128 or (for non-governmental agencies) the Federal Government Office
of Management and Budget OMB Cimular A-133, if required by amount of funding. In order for
the audit requirements to' be waived, COUNTY'S approval must be obtained prior to execution of
this GRANT AGREEMENT.
Page 3 of 5
GRANTEE shall submit to COUNTY complete copies of all management and internal control
reports/letters prepared by the auditor. Copies of GRANTEE'S response to the reports/letters
shall be submitted to COUNTY. These documents shall be submitted to the COUNTY within
30 days of receipt and/or completion by GRANTEE.
In the event that the COUNTY determines that amounts are owed tp it by the GRANTEE
subsequent to receiving the audit report, COUNTY is hereby authorized to deduct such sums from
any funds approved for payment by COUNTY to GRANTEE.
SECTION IV: HOLD HARMLESS
GRANTEE agrees that it will at all times during the existence of this GRANT AGREEMENT
indemnify and hold harmless COUNTY against any and all losses, damages and costs or
expenses which COUNTY may sustain, incur or be required to pay as a result of GRANTEE'S
acts or omissions in relationship to this GRANT AGREEMENT or in relationship to providing care
or services pursuant to this GRANT AGREEMENT.
In no event shall the making'of any payment required by this agreement constitute or be
construed as a waiver by the COUNTY of any breach of the covenants of this agreement or a
waiver of any default of the GRANTEE and the making of any such payment by the COUNTY
while any such default or breach shall exist shall in no way impair or prejudice the right of the
COUNTY with respect to recovery of damages or other remedy as a result of such breach or
default.
SECTION V: AFFIRMATIVE ACTION/CIVIL RIGHTS COMPLIANCE
GRANTEE agrees to submit to the COUNTY a current copy of the Subrecipient Civil Rights
Compliance (CRC) Action Plan for meeting equal opportunity requirements under Title VI of the
Civil Rights Act of 1973, Title VI and XVI of the Omnibus Budget Reconciliation Act of 1981 and
the Americans with Disabilities Act (ADA) of 1990. The GRANTEE shall submit its CRC Action
Plan with this GRANT AGREEMENT. If an approved plan has been received during the previous
calendar year, a plan update is acceptable. The plan may cover a two year pedod.
In connection with the performance of work or the rendering of any services under this GRANT
AGREEMENT, the GRANTEE agrees not to discriminate against any properly qualified employee,
applicant for emplgyment, or client because of any status protected pursuant to s.111.321,
Wisconsin Statutes, or developmental disability as defined in s. 51.05 (5), Wisconsin Statutes.
This provision shall include, but not be limited to, the following: employment, upgrading, demotion
or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms
of compensation; and selection for training, including apprenticeship.
GRANTEE agrees to post the Equal Opportunity Policy, the name of the Equal Opportunity
Coordinator and the discrimination complaint process in conspicuous places available to
applicants and clients of services, and applicants for employment and employees. The
complaint process will be made available in languages and formats understandable to
applJcanta, clients, and employees.
Page 4 of 5
The GRANTEE agrees that through its normal selection of staff, it shall make an effort to
employ staff with special language skills or find persons who are available within a
reasonable time and who can communicate with non-English speaking clients; train staff in
human relations techniques and sensitivity to cultural patterns; and making the programs and
facilities accessible, as appropriate, through outstations, authorized representatives adjusted
work hours, ramps, doorways, elevators, or ground floor rooms.
B.
C.
D.
SECTION VI: GRANT AGREEMENT REVISIONS AND/OR TERMINATIONS
Failure to comply with any part of this GRANT AGREEMENT may be considered cause for revision
or termination.
GRANTEE shall return any grant funds to COUNTY not used for the intended purpose stated in this
GRANT AGREEMENT.
Revision of this GRANT AGREEMENT must be agreed to by COUNTY and GRANTEE by an
addendum signed by the authorized representatives of both parties.
GRANTEE shall notify COUNTY whenever it is unable to provide the required quality or quantity of
services. Upon such notification, COUNTY and GRANTEE shall determine whether such inability
will require a revision or cancellation of this GRANT AGREEMENT.
If COUNTY finds it necessary to terminate the GRANT AGREEMENT prior to the GRANT
AGREEMENT expiration date for reasons other than non-ped'ormance by the GRANTEE, actual
cost incurred by the GRANTEE may be reimbursed for an amount determined by mutual
agreement of both parties.
F. This GRANT AGREEMENT can be terminated by 30-day written notice by either party.
SECTION VII: CONDITIONS OF THE PARTIES OBLIGATIONS
This GRANT AGREEMENT is contingent upon authorization of Wisconsin and United States laws
and any matedal amendment or repeal of the same affecting relevant funding or authority of the
COUNTY shall serve to terminate this GRANT AGREEMENT, except as further agreed to by the
parties hereto.
Nothing contained in this GRANT AGREEMENT shall be construed to supersede the lawful powers
or duties of either party.
It is understood and agreed that the entire GRANT AGREEMENT between the parties is contained
herein, and that this GRANT AGREEMENT supersedes all oral agreements and negotiations
between the parties relating to the subject matter thereof.
GRANTEE shall comply with Wisconsin Administrative Code Chapters DHFS 12 and 13 and any
related statutes in relationship to all persons employed or contracted with by GRANTEE to provide
any services pursuant to this GRANT AGREEMENT and shall provide COUNTY with appropriate
proof as to said compliance.
Page 5 of 5
SECTION VIII: GRANTEE'S LEGAL STATUS
GRANTEE warrants that it has complied with all necessary requirements to do business in the State of
Wisconsin, and that the persons executing this agreement on its behalf are authorized to do so.
GRANTEE shall notify COUNTY irrimediately, in writing, Of any change in address or GRANTEE'S legal
status.
SECTION IX: AUTHORIZA'[ION
COUNTY enters into this GRANT AGp~EEMENT pursuant to and by authority of the Winnebago County
Commission on Aging and Winnebago County Board of Supervisors. GRANTEE enters into this GRANT
AGREEMENT pursuant to and by authority of its Board of Directors, City Council, or other governing
body, which has legal authority to enter into contractual agreements.
Dated at Oshkosh, Wisconsin, this dav c~f
· 20,
COUNTY
WINNEBAGO COUNTY
X~n~ebag~CountyExecutive
~e Ertmer
County Clerk
GRANTEE
OSHKOSH TRANSIT SYSTEM
Mark Huddleston
Transportation Director