The URL can be used to link to this page

Home My WebLink AboutSchool District Life Guard 06 ... --" INTERGOVERNMENTAL COOPERATION AGREEMENT BETWEEN THE CITY OF OSHKOSH and THE OSHKOSH AREA SCHOOL DISTRICT THIS INTERGOVERNMENTAL COOPERATION AGREEMENT (the "Agreement") is entered into this 14TH day of March, 2006, 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 with the District to provide lifeguard services during the 2006 season (June 1, 2006 through September 4, 2006); 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 intergovernmentaI 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 2006 season (June 1, 2006 through September 4, 2006). The District is obligated to provide only the following: A. The District shall provide all lifeguard staff necessary to operate Pollock as mandated by Wis. Admin. Code Section HFS 172. B. The District shall provide materials incidental to providing the lifeguard staff and services such as staff clothing and first aid supplies for lifeguard staff. 3. Cost Associated With Lifeguard Services. The District shall provide the City with an Invoice for the cost of providing lifeguard services for Pollock within fifteen (15) calendar days of the end of the 2006 season (June 1,2006 through September 4,2006) at one hundred (100%) percent of the cost to the District of providing said services (based upon the rates set forth in Exhibit A, attached hereto and incorporated herein by this reference (said rates cannot be increased by the District without the written consent of the City)). The City shall provide the District with a written Financial Statement for Pollock within ninety (90) calendar days of the end of the 2006 season (June 1,2006 through September 4,2006). The Financial Statement shall state whether Pollock operated at a profit or a loss for the 2006 season (June 1, 2006 through September 1, 2006) as well as the amount of profit or loss (with supporting evidence). The Financial Statement shall cover the following time periods: Ninety (90) days prior to the 2006 season, the 2006 season and ninety (90) days following the 2006 season. In the event Pollock shows a profit for the 2006 season (June 1, 2006 through September 4, 2006), as set forth in the Financial Statement, the District shall be under no obligation to discount the cost of lifeguard services to the City. In the event Pollock shows a loss for the 2006 season (June 1, 2006 through September 4, 2006), as set forth in the Financial Statement, the District shall discount the cost of lifeguard services to the City in an amount equal to fifty (50%) percent of the loss to a maximum of Sixty Thousand Dollars ($60,000) (e.g., if the Financial Statement shows a loss of $40,000, the District is obligated to discount the cost of lifeguard services to the City by $20,000 and if the Financial Statement shows a loss of $140,000, the District is obligated to discount the cost of lifeguard services to the City by only $60,000). The City shall pay to the District the cost of the lifeguard services (to the extent any amount is due) within ninety (90) calendar days of the Invoice provided by the District. The District shall pay to the City any amount due (to the extent any amount is due) within thirty (30) calendar days of providing the District with the Financial Statement. 2 4. Oshkosh West High School Parking Lot. The District agrees to allow the City to use the Oshkosh West High School parking lot (only the north lot bordered by Eagle Street and Taft Avenue) solely for Pollock patron parking, subject to the following conditions: A. The parking lot may only be used during the 2006 season (June 1, 2006 through September 4, 2006). B. The District reserves the right to preclude use of the parking lot when the District deems that it may interfere with events scheduled at Oshkosh West High School and/or Alberta Kimball Auditorium (e.g., the Miss Wisconsin Pageant, Richards School of Dance Recital, etc.) C. The City shall be responsible for cleaning the parking lot on a daily basis. D. The City will reimburse the District for any costs incurred by the District for any clean-up of the parking lot when the District determines that the City has failed to clean the parking lot. 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. 3 \( 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 2006 season (June 1, 2006 through September 4, 2006). 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 215 Church Avenue - #106 Oshkosh, WI 54903 To the District: Director of Recreation Oshkosh Area School District 425 Division Street Oshkosh, WI 54901 8. Governing Law. This Agreement shall be governed by the laws of the State of Wisconsin as to all matters including, but not limited to, matters of validity, construction, effect and performance. 9. Amendment, Modification and Waiver. This Agreement may not be amended, modified or supplemented except by mutual written agreement of the Parties. Any party may waive in writing any term or condition contained in this Agreement and intended to be for its benefit; provided, however, that no waiver by any party, whether by conduct or otherwise, in anyone or more instances, shall be deemed or construed as a continuing waiver of any such term or condition. Each amendment, modification, supplement or waiver shall be in writing signed by each of the Parties. 10. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together constitute one and the same instrument. 4 _~~__.______~u___ I...)V""~ - '- 11. Entire Agreement. This Agreement embodies the entire agreement and understanding of the Parties. There are no restrictions, promises or representations other than those expressly set forth or referred to herein. This Agreement supersedes all prior agreements or understandings between the Parties. 12. Headings. All headings are inserted for convenience only and shall not modify or affect the construction or interpretation of any provision of this Agreement. 13. No Third Party Beneficiary. This Agreement is intended to be solely between the Parties. Nothing in this Agreement accords any third party any legal or equitable rights whatsoever that may be enforced by any nonparty to this Agreement. 14. Approvals. This Agreement has been approved by the Common Council of the City of Oshkosh and the Board of Education of the Oshkosh Area School District. The City Manager, City Clerk, Superintendent of Schools and Board Secretary have been duly authorized to execute this Agreement on behalf of their respective entities. IN WITNESS WHEREOF, the parties have caused this Agreement to be signed and sealed effective the date first written above. CITY OF OSHKOSH OSHKOSH AREA SCHOOL DISTRICT ~u Dr. Ronald Heilmann, superi7nt of Schools ~ rd of Education Secretary O.e.f-ry d~ '7Y4~ Richard A. W ollangk, City Manager c~. .~,. ~::.."~' "^ (l.-.'~~-~~ ,. "-.., /,~ / Pal)1ela R. Ubrig,Chy lerk . . ....----..../ \ herebv c'-!i'tity that th~ n&cessary proVIsIons have been mad(~ in pay the liabliity which will accrue under this contract. ~ .vr.J-:) ~.~ u./ City Comptroller APPROVED ) 5