HomeMy WebLinkAboutCabulance ServiceAGREEMENT 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
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 the City
of Oshkosh and 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 in the
amount of $74,400 during the 2008 calendar year for the purpose of enabling the
City of Oshkosh to provide disabled transportation (Cabulance) services within
the City of Oshkosh during 2008.
2. 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 2008.
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 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);
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
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D. Any breach or violation of any contractual provision of whatever
kind with any third party.
4. 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 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.
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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 day of
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CITY OF OSHKOSH WINNEBAGO COUNTY
Jo W. Fitzpatrick Mark Harris
Act City Manag County Executive
Pamela Ubrig Sy6 Ertmer
City Clerk County Clerk
Assistant 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.
Edward A. Nokes
Director of Finance
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