HomeMy WebLinkAboutIntergovernmental Cooperation Agreement Oshkosh Area School District (2) RECEIVL4:- l C�
FEB 0 4 2022
CITY CLERK'S OFFIC•L
INTERGOVERNMENTAL COOPERATION AGREEMENT
BETWEEN
THE CITY OF OSHKOSH
and
THE OSHKOSH AREA SCHOOL DISTRICT
THIS INTERGOVERNMENTAL COOPERATION AGREEMENT (the
"Agreement") is entered into this first day of January, 2022, by and between the CITY OF
OSHKOSH(the "City") and the OSHKOSH AREA SCHOOL DISTRICT(the "District").
RECITALS
WHEREAS,the City is the owner of a municipal water park known as Pollock Community •
Water Park("Pollock"); and
WHEREAS,the City wishes to contract for services with the District to provide lifeguard
services during the 2022 season(Mid-May,through August); and
WHEREAS, the District is willing to provide lifeguard services for Pollock through the
District's Recreation Department as well as the use of the Oshkosh West High School parking lot;
and
WHEREAS, the City and the District (the "Parties") recognize that intergovernmental
cooperation is necessary to ensure the efficacy of this joint endeavor.
NOW, THEREFORE, in exchange for mutual consideration, the receipt and sufficiency
of which is hereby acknowledged,the Parties agree as follows:
1. Authority. This Agreement is made pursuant to the authority granted to the
Parties under Sections 66.0301 and 66.0305,Wis. Stats. The enforceability
of this Agreement will not be affected by changes in the forms of the City
or District government or changes in elected officials. The Parties agree
that this Agreement shall be construed so as to be binding on their respective
successors, agents and employees. The Parties hereby acknowledge that -
this Agreement imposes on them a duty of good faith and fair dealing.
2. Life Guard Services for Pollock. The Parties agree that the District,through
its Recreation Department, shall provide lifeguard services for Pollock
during the 2022 season (Mid-May through August). The District is
obligated to provide only the following:
E. The City shall be liable for any damages to property or
persons that result from patrons of Pollock who use the
Parking Lot.
5. Insurance and Liability. The lifeguard staff provided by the District shall
be employees of the District and the District shall have sole responsibility,
at its expense, for providing workers compensation and all other insurance
that is customarily maintained by the District for similarly situated
employees of the District. The District shall indemnify and hold the City
harmless from any and all claims, damages, losses or expenses, including
reasonable attorneys' fees, incurred by the City as a result of the acts or
omissions of the District's lifeguards.
The City shall have sole responsibility, at its expense, to carry insurance
with respect to the improvements at Pollock(e.g., buildings, etc) as well as
the Parking Lot for fire,vandalism,malicious mischief and such other perils
as are from time to time included in liability coverage for an owner of a
public facility. The City shall indemnify and hold the District harmless
from any and all claims,damages, losses or expenses,including reasonable
attorneys' fees, incurred by the District as a result of the acts or omissions
City employees, including the failure to supervise the Parking'Lot.
The Parties hereby mutually release each other from liability and waive all
right of recovery against each other for any loss from perils insured against
under a standard liability policy with extended coverage endorsement;
provided, that this Paragraph shall be inapplicable if it would have the
effect, but only to the extent that it would have the effect, of invalidating
any insurance coverage of the parties.
6. Term. The Term of this Agreement shall coincide with the 2022 season
(Mid-May through August). The Parties acknowledge that this Agreement
is inapplicable to future years or to facilities other than Pollock. Separate
agreements are necessary for services or facilities not expressly referenced
in this Agreement. The Parties reserve all rights with respect to other
agreements between them.
7. Notices. All notices or other communications under this Agreement shall
be sufficiently given and shall be deemed given when hand delivered or
mailed by first class mail,postage prepaid,with proper address as indicated
below:
To the City: Parks Director
City of Oshkosh
P.O. Box 1130
805 Witzel Ave
Oshkosh, WI 54902
3
CITY OF OSHKOSH OSHKOSH AREA
SCHOOL DISTRICT
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City Manager Director of Recreation
City Clerk
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