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HomeMy WebLinkAboutCity of Oshkosh Signed All & Paid Spirt/County fundsPage 1 of 13 SPIRIT FUND SUB-RECIPIENT ALLOCATION AGREEMENT BETWEEN WINNEBAGO COUNTY, WI AND CITY OF OSHKOSH. This Sub-Recipient Agreement is entered into between Winnebago County and City of OSHKOSH (herein after referred to as sub-recipient) regarding Resolution 281-112023. It will become effective on the date the Agreement is fully executed. In consideration of the mutual covenants and agreements set forth, the parties agree as follows: I. Introduction. The purpose of this Agreement is to set forth the agreements and understandings which have been reached between Winnebago County and Winnebago County Fire Chiefs Association, regarding Resolution 281-112023 Winnebago County has had communications with the Fire Chiefs Association who was working on the behalf of the municipalities of Winnebago County to determine their need and request for replacement of radios and components due to the planned obsolescence of the current equipment. In 2023, Winnebago County, WI created a Special Revenue Fund that it called the Spirit Fund and allocated surplus dollars to this fund. A portion of this Spirit Fund was devoted to Government Identified Community Projects. The Fire Chiefs Association was one of the awardees of funds (on the behalf of member Fire Departments) from this Spirit Fund in the amount of $2,100,000 per Resolution 281- 112023. All funds shall be referred to as Spirit Funds or County Funds. II. Consideration The Fire Chiefs Association has requested the county to distribute the funds based on an agreed upon formula of the request of each department quoted by Nielson Communications for Kenwood radios and components plus an equally divided remainder. Winnebago County will distribute the funds related to Resolutions 281- 112023 to each Fire Association, Department or Municipality as sup-recipient agreements as laid out in Schedule A. The Fire Chiefs Association determined that they were not equipped to handle such a distribution. The City of Oshkosh has received $43,028.20, as indicated in Schedule A. III. Obligations of the Sub-recipient The sub-recipient shall hereafter operate and maintain Equipment purchased with said funds in a manner that complies with local, state, and federal law. The sub-recipient agrees to own the purchased equipment and is responsible for costs related to the repair and replacement of the purchased radio components as needed. Page 2 of 13 The sub-recipient agrees to not request additional funds from the county for the replacement of radios or radio components related to the most recent upgrade. The sub-recipient agrees to create a plan to fund the replacement of these radios at the time of upgrade or obsolescence. The sub-recipient understands grant money is unlikely to be available from the county in the future. The sub-recipient shall be responsible for reimbursement to Winnebago County for any disbursed funds which are determined by Winnebago County to have been misused or misappropriated. Any reimbursement of funds which is required by Winnebago County shall be due within 45 days after giving written notice to recipient of such misuse or misappropriation. Proper documentation is due to the county by May 1, 2025. The sub-recipient will provide Winnebago County with an order confirmation relating to the purchase of said radios and/or invoices relating to the purchase of said radios. The sub-recipient will also provide Winnebago County with the documentation showing the governing body approved the receipt of these funds from Winnebago County. This agreement covers an allocation of funds to purchase radios or radio components. All other agreements related to the Fire Department's use of the Winnebago County Radio System are in effect and are not impacted by this agreement. All communications relating to the project shall have written approval of the county and the county shall be invited to all public events related to the project. The sub-recipient agrees to submit pictures, project updates, and other information as requested to update the Winnebago County Spirit Fund dashboard. IV. Obligations of Winnebago County Winnebago County, WI shall wire the awarded monies in the amount of $43,028.20 per Resolution 281-112023 and Schedule A to sub-recipient's bank with account number as confirmed in the returned terms letter. V. General a. It is expressly understood and agreed to by the parties that in the event of any disagreement or controversy between the parties, Wisconsin law shall be controlling. b. This Agreement is subject to all applicable laws and regulations. c. The entire agreement of the parties is contained herein, and this agreement supersedes any and all oral agreements and negotiations between the parties relating to the subject matter hereof. Should any part of this agreement be held to be invalid by a Court of Law, said ruling shall not invalidate the remainder of this Agreement. d. This Agreement shall be binding on the parties hereto and their Page 3 of 13 successors and assigns. e. This Agreement sets forth the entire understanding of the parties and may not be changed except by a written document executed and acknowledged by all parties to this agreement. f. Both parties' benefit from certain immunities and limitations of liability. Both parties intend to retain the benefit of all such immunities and limitations of liability and this Agreement is not intended to waive or alter any such immunities or limitations of liability, regardless of whether the underlying claim is based in contract, tort, or any other theory. g. The term of the Agreement is intended to benefit and/or bind the signatories of this Agreement and is not intended to benefit any third party. h. All rights, duties, and responsibilities herein of sub-recipient and the County shall take effect upon receipt of a fully signed copy of this Agreement. i. The parties agree that captions in this Agreement are used for convenience only and shall not be used in interpreting or construing this Agreement. j. This Agreement shall not be deemed in any way to create a partnership or joint venture between the parties to this Agreement. k. During the term of this Agreement, sub-recipient agrees not to discriminate against any person on the basis of race, religion, sex, handicap, national origin, age, cultural differences, sexual preferences, marital status, or physical appearance. l. The sub-recipient understands that Winnebago County is bound by the Wisconsin Public Records Law, Wis. Stat. § 19.21 et seq. and is directed to those sections of the statute for the statutory definition of records subject to disclosure. The sub-recipient is obligated to retain records for seven (7) years from the date of the record's creation and will produce such records to Winnebago County if in Winnebago County's determination, Winnebago County is required to produce records to a third party in response to a public records request. The sub-recipient failure to produce records as required by this paragraph shall constitute a material breach of this Agreement and sub-recipient must defend and hold Winnebago County harmless from liability due to such breach. Attachments Schedule A – Sub-Recipient Allocations Schedule B – Proof of Purchase Commitment (PO) or Invoice Resolution 281-112023 Signed Term Letter Page 4 of 13 Page 5 of 13 Schedule A Winnebago County Radio Breakdown - Spirit Fund Fire Chiefs Association Dept Vendor Quoted Quote Total Total Requested for Each Department Town of Neenah Motorola $126,197.29 $124,862.30 Fox Crossing Motorola $321,058.34 $213,392.76 Town of Oshkosh Motorola $124,879.44 $124,862.30 Neenah-Menasha Motorola $279,992.67 $227,319.48 Utica A Motorola $145,235.61 $153,151.74 Utica B Baycom $8,000.00 Oshkosh Motorola $70,568.44 $43,028.20 Van Dyne Motorola $117,710.26 $115,464.12 Boom Bay Kenwood $96,521.12 $96,521.12 Vinland Motorola $150,845.45 $150,637.00 Algoma Motorola $162,771.62 $162,049.94 Clayton Motorola $194,515.55 $194,451.94 Nekimi Motorola $129,055.25 $129,045.12 Omro/Rushford Motorola $253,723.49 $253,478.14 Winchester Motorola $111,858.95 $111,732.04 Total $2,292,933.48 $2,099,996.20 Page 6 of 13 Schedule B No Purchase Order or Invoice submitted. 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