Fiscal Note
No appropriation required. A prior resolution (#02307) authorized acceptance of $107,200 in grant funding.
Title
Authorizing the Mayor and City Clerk to enter into a grant contract with the Wisconsin Department of Transportation that requires the City's indemnification of the Wisconsin Department of Transportation.
Body
WHEREAS, the Common Council on December 13, 2005, by Resolution #02307, previously authorized the Traffic Engineering Division to accept funds, including federal funds, for a pedestrian and bicycle safety education program via the Wisconsin Department of Transportation (WIDOT) and authorized the Mayor and City Clerk to sign a federally-funded contract on behalf of the City with WIDOT for the receipt of those funds and performance of the safety program; and
WHEREAS, WIDOT's federal contract language requires the City to indemnify and save harmless WIDOT and the Federal Highway Administration (FHWA) from damages to persons or property resulting from negligence of the City in connection with performance of the contract; and
WHEREAS, City APM 1-1 requires Council approval whenever the City indemnifies another party;
NOW, THEREFORE, BE IT RESOLVED that the Common Council authorizes the Mayor and City Clerk to sign a contract for the safety program that includes the following language:
"The Municipality shall indemnify and save harmless the Department [WIDOT] and the FHWA and all of their officers, agents and employees on account of any damages to persons or property resulting from negligence of the Municipality in connection with performance and completion of the Services covered by this contract."