Fiscal Note
The City General Fund will receive revenue of $236.50 for the first year of the contract. The fee for the 2009 and 2010 seasons will be increased from the previous year's fee by the Consumer Price Index for each proceeding year, using the 2008 fee of $236.50 as the base fee.
Title
To authorize the Mayor and City Clerk to execute a three-year contract with the MAD-City Ski Team, Inc. for the 2008 through 2010 seasons.
Body
WHEREAS, the Mad-City Ski Team, Inc. has provided the Madison community with free, wholesome family entertainment and provided educational programs; and
WHEREAS, the ski team desires to continue to provide the same at Law Park for the 2008 through 2010 water ski seasons; and
WHEREAS, the Alder for the aforementioned District hereby affirms his approval of the Contract,
NOW, THEREFORE BE IT RESOLVED That the Mayor and City Clerk be authorized to execute a three year contract with the MAD-City Ski Team, Inc. for the 2008 through 2010 water ski seasons, subject to the following terms and conditions:
1. The Contract shall be for a term of three (3) years, and run from April 15 through October 15 each year. Any MAD-City Ski Team, Inc. jumps placed in the park outside of those time periods will be in violation of the contract.
2. The Ski Team shall pay to the City an annual fee to cover the cost of an amplification permit and trash removal. The fee for the 2008 season will be $236.50. The fee for the 2009 and 2010 seasons will be increased from the previous year's fee by three percent (3%) annually.
3. The Ski Team shall pay to the City twelve percent (12%) of the total revenue the ski team collects each year for water ski lessons provided by Madison Schools Community Recreation.
4. With the exception of the Ski Team's existing ski jumps, no construction, modification, improvement or alteration shall be undertaken on the Contract Premises without the prior written approval of the City's Parks Division, and any plans for any of the same are subject to the written approval of the City's Parks Division.
5. The Ski Team shall not assign the Contract or any part thereof without the prior written consent of the City, which consent the City may withhold in its sole discretion.
6. The Ski Team shall remove all ski jumps from the water and park area by October 1 of each year.
7. No storage of materials or equipment, including trailers or parking of vehicles shall be permitted on the grass, except the temporary and orderly placement of items directly related to the Ski Team's operations. The Ski Team understands that parking on the grass in the park or off the street will not be allowed except for off loading / on loading equipment.
8. The Ski Team shall be liable to and hereby agrees to indemnify, defend and hold harmless the City, and its officers, officials, agents, and employees, against all loss or expense (including liability costs and attorney's fees) by reason of any claim or suit, or of liability imposed by law upon the City or its officials, officers, agents or employees for damages because of bodily injury, including death at any time resulting therefrom, sustained by any person or persons or on account of damages to property, including loss of use thereof, arising from, in connection with, caused by or resulting from the acts or omissions of the Ski Team and/or its officials, officers, agents, employees, assigns, guests, invitees, sublessees or subcontractors, in the performance of the Contract, whether caused by or contributed to by the negligent acts of the City, its officers, officials, agents, and employees. Additionally, the Ski Team shall carry commercial general liability insurance including contractual liability with no less than the following limits of liability, as may be adjusted, from time to time, by the City's Risk Manager: bodily injury, death and property damage of $1,000,000 per occurrence. The policy or policies shall name the City as an additional insured.
9. The City shall have the right to terminate the Contract in the event of default by the Ski Team. Either party may terminate the Contract, at its sole election, upon 180 days written notice to the other party. Upon the termination of the Contract for any cause, any and all improvements installed by the Ski Team on the Premises shall be removed by the Ski Team at no cost to the City, and the Ski Team shall also restore the Premises to a condition equivalent to that which existed prior to the Ski Team's first use of the Premises.
BE IT FURTHER RESOLVED, that the Mayor and City Clerk are hereby authorized to execute any and all additional documents that may be required to complete this transaction.
BE IT FINALLY RESOLVED, that all such agreements shall be in a form approved by the Risk Manager and City Attorney.