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Home My WebLink AboutOshkosh Area School District/Pollock Pool INTERGOVERNMENTAL COOPERATION AGREEMENT BETWEEN THE CITY OF OSHKOSH and THE OSHKOSH AREA SCHOOL DISTRICT THIS INTERGOVERNMENTAL COOPERATION AGREEMENT (the "Agreement") is entered into this 15th day of December, 2014, by and between the CITY OF OSHKOSH (the "City") and the OSHKOSH AREA SCHOOL DISTRICT (the "District"). RF.CITALS 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 2015, 2016, 2017 season (Mid-May, through September 1, of each year); and WHEREAS, the District is willinb 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. Authoritv. This Agreement is made pursuant to the authority granted to tl�e Parties under Sections 66.0301 and 66.0305, Wis. S�ats. The enforceability of this Agreeinent 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, st�all provide lifeguard services for Pollock during the 2015, 2016, 2017 season (Mid-May through September 1 of each year). 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 s11a11 provide materials incidental to providing the lifeguard staff vld 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 each season at one hundred percent (100%) 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 District shall further provide the City with a discount of$40,000 to assist the City in the cost of the annual operation of Pollock Community Water Park whether or not Pollock operated at a profit or loss for each season. The City shall pay to the District the cost of the lifeguard services (to the extent any amount is due) wi�hin Thirty (30) calendar days of the lnvoice provided by the District. 4. Oshkosh West High School Parkin� 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 pool season (Mid- May, through September 1, of each year of this agreement). 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 detern7ines 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 hannless from any and all claiins, 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 far fire, vandalism, malicious mischief and such other perils as are froin tiine 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 al1 claims, damages, losses or expenses, including reasonable attorneys' fees, incurred by the District as a result of the acts or olnissions 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 2015, 2016, 2017 season (Mid-May through September 1 of each year). The Parties acknowledge that this Agreenzent 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 tirst 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 To the District: Director of Recreation Oshkosh Area School District 425 Division Street Oshkosh, Wl 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 ternl or condition contained in this Agreeinent and intended to be for its benefit; provided, however, that no waiver by any party, whether by conduct or otherwise, in any one 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. 11. Entire Agreement. This Agreement embodies the entire agreement and understanding of the Parties. There are no restrictions, proinises or representations other than those expressly set forth or referred to herein. This Agreement supersedes all prior agreements or understandings between the Parties. 12. Headin�s. 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 Beneficiar�. 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. 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