HomeMy WebLinkAboutwinnebago cty rural transportation disabled citizens under 60 20092009 AGREEMENT BETWEEN THE CITY OF OSHKOSH AND WINNEBAGO
COUNTY:
PROVISION OF RURAL TRANSPORTATION SERVICES FOR WINNEBAGO
COUNTY DISABLED CITIZENS UNDER THE AGE OF SIXTY LIVING IN THE
RURAL AREA
WHEREAS, 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:
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 Neenah and
Menasha) during the calendar year 2009.
2. That pursuant to this agreement, Winnebago County shall provide a Grant
to the City of Oshkosh in the amount of 38.4% of operating costs during
the 2009 calendar year for the purpose of enabling the City of Oshkosh to
provide rural disabled transportation within Winnebago County during
2009. Expenses are budgeted not to exceed $9,000. If the total cost
exceeds $9,900, 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 2009.
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);
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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.
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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 47 day of
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CITY OF OSHKOSH WINNEBAGO COUNTY
Mark R hloff
City Manager
Pamela Ubrig
City Clerk
Mark Harris
County Executive
4W , � � -
ue Ertmer
County Clerk
I hereby certify that the necessary
Provisions have been made to pay
The liability which will accrue under
contract.
Peggy S eeno
Director of Finance
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City of Oshkosh