Loading...
HomeMy WebLinkAboutRural Transportation Services 1/11/2006 ,;+'" AGREEMENT BETWEEN THE CITY OF OSHKOSH AND WINNEBAGO COUNTY: PROVISION OF RURAL TRANSPORTATION SERVICES WHEREAS, Winnebago County desires to provide financial assistance to the City of Oshkosh in providing transportation services to disabled citizens within rural Winnebago County: al).d 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: 1. 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.N eenah and Menasha) during the calendar year 2006. 2. That pursuant to this agreement, Winnebago County shall provide a Grant to the City of Oshkosh in the amount of 33.96% of operating costs during the 2006 calendar year for the purpose of enabling the City of Oshkosh to provide rural disabled transportation within Winnebago County during 2006. Expenses are budgeted not to exceed $20,493. If the total cost exceeds $22,542, the City and Winnebago County will negotiate a new funding formula for the remainder of the contract period. 3. 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 2006. 4. 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: A. Any personal injury or bodily injury (including wrongful death) or property damage (real or personal); -1- 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 from 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. 5. 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: 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 agency order, including, but not limited to claims, costs, liabilities, or expenses arising from 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. The intention of paragraphs 4 and 5 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. -2- IN WITNESS THEREOF, the parties have caused this agreement to be eXiluted by their, respecF,roP,er officers and affixed their corporate seals hereto this ~ day of ,200b. CITY OF OSHKOSH WINNEBAGO COUNTY , ~.~ Richard A. W ollangk " City Manager \ r-~\ , =1 }c01tj N~Fi ~ Mark Harris County Executive 4r-f ~ Aue _er . County Clerk APPROVED BY: ~L~~~h-- Asst. City Attorney City of Oshkosh APPROVED BY: flfl/ a'~ A. Bodnar Corporation Counsel Winnebago County I hereby certify that the necessary provisions have been made to pay the liability which will accrue under this contract. ~O)LtAJ) (1 ~ Edward A. Nokes Director of Finance -3-