Loading...
HomeMy WebLinkAboutHold Harmless Agreement/OASD-Law Enforcement Training WE APR 2 2 2010 I)) HOLD HARMLESS AGREEMENT CITY CLERK'S FFICF Law Enforcement Training Whereas, the City of Oshkosh ( "City ") and the Oshkosh Area School District (OASD) acknowledge a public interest in the continued and comprehensive education of police officers for the benefit of the community; and Whereas, the City has an established a program for law enforcement training related to all facets of its community protection services which it seeks to continue and enhance in order to achieve these objectives; and Whereas, OASD has real property available and useful for training purposes and is willing to make that property available to the City for those uses. The City, by its authorized representative, and OASD, by its authorized representatives agree as follows: That the OASD hereby authorizes the City, its employees, and duly authorized agents to conduct law enforcement training at the following location during the dates identified: Location: The former Lincoln Elementary School building, excluding the parking lot, commonly known as 608 Algoma Boulevard, Oshkosh, Wisconsin 54901 Dates: The continuous period beginning April 1, 2010 and ending May 31, 2010, on the dates and times selected by Lessee at its sole discretion. Either party upon a thirty (30) day written notice to the other party may terminate this agreement. OASD shall maintain minimal reasonable utility services to the premises during the term of this agreement. Both parties understand that the school building is no longer actively used and as a result the heating, cooling, and other utility services for this property will be at lower level than if actively used. The City shall be allowed full use and enjoyment of the school building during the period specified above. The City shall not remove or permit others to remove stairways, handrails, or other structural supports, the removal of which may render the structure unsafe. During the conduct of the exercises, the City shall provide appropriate measures to secure the property. For safety reasons, the City shall have exclusive use of the building for those periods the training events are occurring. Should the building or any property in the building be damaged or destroyed during the City's use, the City shall promptly notify the Oshkosh Area School District and pay the District for the reasonable cost or repairing or replacing the property damaged by the City's use. Should the property require additional measures to secure the property upon the completion of the exercises, the City of Oshkosh shall be responsible for providing appropriate measures to secure the property and shall promptly notify the Oshkosh Area School District. The City of Oshkosh shall be responsible for cleanup of the building following the conduct of training. The City has had an opportunity to inspect the condition of the Lincoln School building and in conjunction with other terms in this agreement, accepts its condition on an as -is bases, include the risks associated with its present condition. This agreement is intended to include hold harmless provisions which are mutual. More specifically, to that end: Subject to the limitations contained in Section 893.80 and any similar statute, of the Wisconsin Statutes, the City of Oshkosh agrees to indemnify and hold the Oshkosh Area School District (OASD), its officers, officials, employees, and agents, harmless from any and all liability, including claims, demands, losses, costs, damages and expenses of every kind and description (including death), or damages to persons or property, real or personal, arising out of the OASD's agreement to grant access to the Lincoln School site for law enforcement training purposes where such liability is founded upon or grows out of the acts or omission of any of the City's officers, employees, contractors or agents while acting within the scope of their employment. Subject to the limitations contained in Section 893.80 and any similar statute, of the Wisconsin Statutes, the Oshkosh Area School District agrees to indemnify and hold the City of Oshkosh, its officers, officials, employees, and agents, harmless from any and all liability, including claims, demands, losses, costs, damages and expenses of every kind and description (including death), or damages to persons or property (real or personal) arising out of the City's use of the Lincoln School site for law enforcement training purposes where such liability is founded upon or grows out of the acts or omission of any of the OASD officers, employees, contractors or agents while acting within the scope of their employment. Dated this at I day of April, 2010. CITY OF OSHKOSH OSHKOSH AREA SCHOOL DISTRICT T a . Rohloff, C' _ • / ` a i ipsi bb , 214 ) 6614 - e Gi. of .1 Parhela R. Ubrig, City CI= (print name) (title) Page 1 of 2 Ubrig, Pam From: Greuel, Scott Sent: Thursday, April 22, 2010 10:50 AM To: Wrage, Todd; Ubrig, Pam; Lorenson, Lynn Subject: FW: Signed Hold Harmless Attachments: Hold harmless City Chief Gruel.pdf Copy of Hold Harmless Agreement and other instructions Scott D. Greuel Chief of Police City of Oshkosh 920 - 236 -5720 Office 920 - 267 -0845 Cell sgreuel@ci.oshkosh.wi.us www.oshkoshod.com "The mission of the Oshkosh Police Department is to promote public safety and to enhance the quality of life in our connnunity through innovative policing and community partnerships" From: Lang Bette [ mailto :Bette.Lang @oshkosh.k12.wi.us] Sent: Wednesday, April 21, 2010 7:13 PM To: Greuel, Scott Cc: Johnston Randal; Collins Teresa Subject: RE: Signed Hold Harmless Hi Chief, Here is the signed agreement. I've copied it to district staff and will leave the City copies to you. One of the reminders we give with the permission to use this building is to have the person using the building let the neighbors and the University know that training will be taking place. This worked well with the County's use... no alarmed calls to the district© Thanks for your assistance and I hope that training goes well. Sincerely, Bette From: Greuel, Scott [ mailto :sgreuel @ci.oshkosh.wi.us] Sent: Wednesday, April 21, 2010 2:34 PM To: Lang Bette Subject: Signed Hold Harmless Dr. Lang....sorry for all the email concerning this agreement, but attached is the cleaned up version with City official signatures for your signature and return to me. Thank you very much for promptly tending to this matter. Scott D. Greuel Chief of Police City of Oshkosh 4/22/2010