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Home My WebLink AboutPollock Aquatic Center/Carrico &:Ij CiJ.~iL.r Blue Water 822 7th Street SE Suite B · Oelwein, IA. 50662 Office: 319.283.1471 Fax: 319.283.1811 E-mail: tom@carricoaquatics.com OPERATION AND MAINTENANCE ASSISTANCE AGREEMENT This Operation and Maintenance Assistance Agreement (the" Agreement") dated as of March 28, 2006 is between the City of Oshkosh ("Owner"), whose address is 215 Church Avenue, PO Box 1130, Oshkosh, WI 54903 and Carrico Aquatic Resources, Inc.("Carrico")whose address is 822 7th Street SE, Suite B, Oelwein, Iowa, 50662. RECITALS Whereas, Owner is the owner of aquatic facilities as described in Exhibit A of this Agreement (the "Facilities"), and Whereas, Owner desired to engage Carrico to assist Owner to operate and maintain the Facilities and Carrico desires to accept such engagement, all upon the terms and conditions hereafter set forth, and Whereas, Owner is authorized by law to enter into this Agreement; Now, therefore, in the consideration of the premises and the mutual covenants herein contained, the parties agree as follows: ASSUMPTIONS In its proposal Carrico has assumed the following: . Scope of services as outlined in the next section is the primary basis of Carrico's proposal. . As contractor to Owner, Carrico will provide management assistance and consultation for Owner to achieve optimum performance and to maintain related equipment for system integrity within budgeted resources. . Carrico will interpret all meters and gauge readings as designated by code and provide Owner with recommendations and evaluation. . Carrico believes in continuing education of its employees, which translates into Owner receiving the advantages of the latest proven technology programs to provide the safest pools, to reduce liability and increase life expectancy of equipment and structure. . Carrico does not formulate policy nor assume any ownership of the system unless otherwise stated. The Owner is responsible for all capital outlay items unless otherwise stated. . Terms of this Agreement will be self-perpetuating unless either party, for whatever reason, wishes to terminate or follows the termination procedures set forth herein. ARTICLE I: SCOPE OF SERVICES Carrico agrees to provide the following equipment, chemicals. and services: 1.1 All chemicals to keep the pool balanced within code requirements. 1.2 Technical support on the installation of the equipment. 1.3 Delivery of chemicals F.O.B from closest point M:\CARCO 2Oll6\2OO6 Proposals\Osbkosh WM Chems and Labor 3-27-06.OOc 2 " ._, 1.4 14 point water analysis every 4--6 weeks' 1.5 Continual operator training and consultation for a minimum term of 2 years. ARTICLE II: OWNERS' RESPONSIBILITIES 2.1 Operate facilities according to State of Wisconsin's Department of Health Swimming Pool Code, in a safe and healthy manner, consistent with education and training provided by Carrico. 2.2 Designate in writing, the employees to be trained by Carrico. Designated individuals will be available for training on the agreed upon date and time. Additional training for individuals not in attendance or for new employees will be billed outside of this agreement, at the rate of $65.00 per hour. 2.3 Routine maintenance; cleaning and filling chemical feed equipment, when needed; vacuuming pool(s); backwashing filter(s). 2.4 Notifying Carrico in advance of the need for additional chemical inventory. Carrico provides delivery of chemicals EO.B. from closest location. 2.5 Chemicals needed to rebalance pool after emergency draining and refilling due to Acts of God, vandalism, glass breakage, or for other reasons beyond control of Carrico are not covered in this agreement. These chemicals will be billed outside of this agreement. 2.6 Owner assumes and shall bare the entire risk of loss, theft, damage, destruction, storage, handling and feeding of the equipment and chemicals provided from any cause whatsoever, and shall at Owner's expense keep the equipment and chemicals insured against theft, damage, spills and/or destruction. Said insurance shall provide for loss, if any, payable to Carrico. ARTICLE III: CARRICO AQUATIC RESOURCES, INC. RESPONSIBILmES 3.1 Provide equipment, chemicals and services as described in Article 1. 3.2 Provide sanitizer and balancing chemicals needed to maintain the pool water chemistry within State of Wisconsin's Department of Public Health Guidelines. 3.3 Routine visits to check equipment and water chemistry every 4-6 weeks. ARTICLE IV: COMPENSATION 4.1 The total guaranteed yearly investment for a Water Management Contract is Eleven Thousand Two Hundred Dollars and no/l00 ($11,200.00). 4.2 Monthly investment would be four payments due on the first of May, June, July, August would be Two Thousand Eight Hundred Dollars and no/l00 ($2,800.00). Payment would on the first of each month. ARTICLE V: TERM 5.1 Terms of this agreement are a guaranteed yearly investment. 5.2 This is a two year minimum agreement and will be self-perpetuating unless either party, for whatever reason, wishes to terminate. ARTICLE VI: TERMINATION 6.1 Either party wishing to terminate agreement, must do so in writing no later than thirty days from the anniversary of the original signing of the agreement, after the initial two years, of any given year. 6.2 If owner terminates agreement within the first two years or between anniversary dates in subsequent years, a Five Hundred Dollar ($500.00) fee, per pool and or spa as designed in exhibit A, will be assessed for removal of equipment and / or chemicals. 6.3 Owner agrees to allow Carrico access to facility within thirty days of termination of agreement to remove said equipment and/ or chemicals. 6.4 The Owner may terminate this agreement without penalty if Carrico fails to: . Supply chemicals as outlined in this agreement in a timely manner; . Perform routine visits to named facility in exhibit A. . Provide routine water analysis report. 6.5 The Owner agrees to give one written notice to Carrico of reason of potential termination and agrees to allow Carrico three weeks to correct any deficiencies before giving a final written notice of cancellation without penalty for removal of equipment and/ or chemicals. M:\CARCO 2006\2006 Proposals\Oshkosh WM Cherns and Labor 3-27-06.doc 3 " . "', 7.1 7.2 ARTICLE VII: MISC. 7.3 Any equipment which is provided by Carrico during the term of this Agreement and which is not deemed part of the Facilities shall remain the property of Carrico upon termination of this Agreement. Carrico shall not make any capital replacement of the Facilities equipment or any component hereof without the written approval of the Owner unless there is an emergency. If there is an emergency, Carrico shall provide the Owner with verbal notice of the capital replacement as soon as possible. This Agreement represents the entire Agreement of the parties and may only be modified or amended in writing and signed by both parties. Written notices required to be given under this Agreement shall be deem~ when ~ registered mail to Carrico, Attention: President, and to Owner, Attention: l.fn at the address set forth for each in the opening paragraph of this Agreement. This Agreement shall be governed by, and construed in accordance with, the laws of the State of Wisconsin. Neither party shall assign, in whole or in part, any of the rights, obligations, or benefits of this Agreement without the prior written consent of the other party, which consent shall not be unreasonably withheld. Service Calls that are the result of the Owner or the Owner's Operator created by neglect for routine housekeeping responsibilities are billable at a rate of $75.00 per hour while on site. Routine housekeeping is defined as, but not limited to the following: maintaining correct water level, backwashing filter(s), keeping chemical feed equipment supplied with chemicals, performing daily preventive maintenance on chemical feed equipment, vacuuming pool, cleaning hair flint basket(s), and skimmer baskets, removing oily buildup at waterline, daily testing of chemical levels and logging said results, as required by code, recording all gauge readings and cleaning sensors and restandardization of controller, adding of chemicals per Carrico directions. Service Calls resulting from equipment failure, not related to routine housekeeping as defined in 7.6, are the expenses of Carrico. Chemicals needed to rebalance pool after emergency draining and refilling due to Acts of God, vandalism, glass breakage, or other reasons beyond control of Carrico are not covered in this agreement. These chemicals will be billed outside of this agreement. All chemicals used will be only those approved by and purchased from Carrico. 7.4 7.5 7.6 7.7 7.8 7.9 Pollock Aquatic Center EXHIBIT A Lazy River: 115,000 gallons Leisure Pool: 235,500 gallons proviSions liability which will Spay Pad: 8,000 gallons ,~-~~ Q ~' City Comptroller M:\CARCO 2006\2006 Proposals\Oshkosh WM Cherns and Labor 3-27-06,doc 4