HomeMy WebLinkAboutBethel Home/GO Transit 2007
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AGREEMENT BETWEEN THE CITY OF OSHKOSH AND
BETHEL HOME, INC. FOR THE PROVISION OF
TRANSPORT A TION SERVICES
WHEREAS, it has been determined to be beneficial to the City of Oshkosh and Bethel
Home, Inc. to have the City of Oshkosh assume the responsibility for the payment of transportation
services provided for by Bethel Home, Inc.
NOW, THEREFORE, IT IS AGREED by and between Bethel Home, Inc. and the City of
Oshkosh, that the City of Oshkosh will accept billing from Bethel Home, Inc. for calendar year 2007
and will provide payment to Bethel Home, Inc. for transportation services performed.
Bethel Home, Inc. agrees to pay the City of Oshkosh t I % of the transportation costs
provided for and by Bethel Home, Inc. Ifthe total cost of transportation services provided by or for
Bethel Home, Inc. in 2007 exceeds $ /0. tJ() (), Bethel Home, Inc. shall pay 100% of the
transportation costs. This agreement shall remain in effect during the calendar year 2007.
That Bethel Home, Inc. 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:
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 City of Oshkosh agrees to indemnify and hold harmless Bethel Home, Inc., 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
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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.
Bethel Home, Inc. agrees to maintain worker's compensation insurance in accordance with the
statutory requirements of the State of Wisconsin.
Bethel Home, 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 Bethel Home, 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 Bethel Home, Inc. 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.
Bethel Home, Inc. agrees to be subject to the rules and regulations if the Wisconsin Department of
Transportation (WISDOT) and the Federal Transportation Administration (FT A) 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 run concurrently with the
term of this agreement.
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IN WITNESS THEREOF, the parties have caused this agreement to be executed by their respective
proper officers and affixed their corporate seals hereto this 30 day of -;;a ittua if y ,
20 07 .
CITY OF OSHKOSH
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Richard A. W ollangk
City Manager
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Pamela Uhrig
City Clerk
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APPROVED BY:
L renson
Assistant City Attorney
I hereby certify that the necessary
provisions have been made to pay
the liability which will accrue
under this contract.
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Edward A. Nokes
Director of Finance
City of Oshkosh
WITNESS
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