HomeMy WebLinkAbout33119 / 84-22December 6, 1984 #ZZ RESOLUTION
(CARRIED LOST LAID OVER WITHDRAWN )
PURPOSE: APPROVE COMPUTER SERVICE AGREEMENT WITH
OSHKOSH AREA SCHOOL DISTRICT
INITIATED BY: CITY ADMINISTRATION
BE IT RESOLVED by the Common Council of the City of
Oshkosh that the attached Computer Service Agreement Providing for
Annual Maintenance and Payment of Promissory Notes Series 1983-C
between the City and the Os:ikosh Area School District is hereby
approved.
- 25 -
�IITi.iITTED BY
��� -r
APPkO`iED ��`�d 6�6L�C'�'� I}%, �2
RESOLUTION # 22
COMPUTER SERVICE ACREI'M�IJT I'R�)7iDINC �OR
ANNUAL OPERATZNG COSi:S�AND PAYMENT OF
PROMISSORY NOTF.� ^ERfE.^, 7983-C
THIS AGREEMENT, made and entered into thi� day of November
1954, by and between the CITY OF OSHKO:,H, a:;Late of Wisconsin Municipal Cor-
poration, hereinafter called "City," and OSHKCSH AP,EA SCHOOL DISTkICT
(Unified), hereinafter Called "school."
WHEREAS, Wisconsin Statutes, Section 66.30, authorizes municipalities
Lo enter into governnent contracts to provide �ervices authorized by Wisconsin
°tatutes, and �
WHEREAS, it is mutually beneficial for ttie City and the School to enter
into an agreement to provide for computer service to be used jointly by the
City and School, and
Wf1EREAS, the goverr,ing bodies of the City and �chool have duly adopted
resolutions authorizing the execution of this Agreement,
NOW, THEREFORE, BE IT RESOLVED that the City and the School for and in
consideration of mutual covenants and undertakings herein contained do agree
as follows:
1. That the parties have heretofore oursuant tc resolutions adopted by
*_he Oshkosh Area School board and the City of Oshkosh purchased a Hewlett-
Pa�kard computer syStem artd the.City of Oshkosh hzs issued Fromissory Notes,
�eries 1983-C for payment of said computer system. �
2. The School hereunder agrees to pay fo SL°o of the shared computer
eauipment costs and 100n of Lhe Scnool costs as indicated on Exhibit A at-
tached hereto.
3. The City agrees to pay SOy, of tt�e shared equipment costs and 100%
of the cost ascribed to the City on Exhibit A attached hereto.
4. The School agrees to pay, pursuant to Exhibit B attached hereto,
thzir portion of the Promissory Note Series 1933-C which includes principal
a�d interest payments through November 1, 1988, and as are outlined on said
ExhiDit 6 attached hereto.
5. The School and City agree that the opec•ating expenses for the
projected computer center for 1985 will be administered and paid as.per ttte
attached Exhibit C. This estimated budget may be amended from time to time
within a fiscal year to reflect actual expenditures.
- 25a -
�
RESOLUTION # 22
6. This contract shall cover the period January i, 19fi5 throueh
December 31, 1985. Subsequent contracts sha11 be r?newed on an annual basis
and be approved by both governing bodies not later th�n December 23 of each
year.
7. Either party•may terminate the relation�hip provided a six month
written notice is given. A buyout option shall then exist and a fair market
F�rice shall be paid to the surviving party.
8. Any future acquisition of shared equipment °hall be submitted to
�nd approved by both governing bodies prior to purr,hase. The City may pur-
chase equipment through the school district's account provided remittance of
said expenses is timely.
9. Both parties shall be held harmle�s for any damaQes due to
vandalism, theft, electrical malfunction or ariy ottier unforeseen interruption
of service.
10. Title
school district as
policy. By virtue
purchase price and
rights.
to the shared equipment (Schedule A) shall be held by the
the equipment is protected by the district's insurance
of this cooperative agreement and the 50/50 sharing in tt,e
annual operation, the City has implied equal ownership
71. The parties further agree to establish zn audit commit�ee con-
sisting of three (3) members, one appointed by the school, one appcinted by
tt;e City, and one appointed by the School and City togecher. Tt�e auditine
committee will annually evzluate the costs incurred for Lhe computer center
and will adjust the costs to be paid by the respective parties based upon
actual usage. The auditing committee is not limited to the eperating exper.se
as indicated on Exhibit C attached hereto, but is to analyze all costs re-
lating to operation of the computer center.
12. Should there De any dispute as to any of the paragraphs of this
A,qreement, or as to the results of the audit as determined by the auditing
committee, the disputes will be resolved by arbitration in accordance with the
rules and regulations of the American Arbitration Association anA the results
of said arbitraticn shall be binding upon the parties. The costs of such
arbitration proceedings shall be divided equally between the parties.
- 25b -
�
RESOLUTION # 22
IN WITNESS WHEREOF, the City and 3chool have hereunto set their hands
and seals the date first above written.
('di tness
itness
tnessl
tness
Aeproved:
�'i r.y (ILtorney
OSHKOSH AREA �CHOOL DISTRICT (Unified)
�y:
And:
CITY OF OSHKOSH
By:
'dilliam D. Frueh, City Manager
And:
— 25c —
C. Serwas, City Clerk
0
� d ��
r• m a o
ct C� 7J �3
'C (D 77 H
� � �m°z
� m ty ..
m �s ..
�1
'iJ. Ol 9
� 9 l7
`C O
h-� N 'd
� � y
�
r
�
�a
r• ro
�r ro
� �3
o°c
m m
�
x�
O O
� �
��
G
a�
�s m
m n
w
�
c� m
� �1
�<
o �.
o�
��
ra
�• ov
cn y
ct N
�3 �
�• �
o cD
ci .'s
ct
�
m
m
�
N
N
4�;
�� �
k}
� r,