The URL can be used to link to this page

28E Agreement with DCSD for Neighborhood Resource Center Copyrighted November 2, 2020 City of Dubuque Consent Items # 5. City Council Meeting ITEM TITLE: Neighborhood Resource Center Usage Agreement Renewal with Dubuque Community School District SUM MARY: City Manager recommending approval of the 28E Agreement between the Dubuque Community School District and the City of Dubuque for the usage of the Neighborhood Resource Center located within Prescott Elementary School for another 10-year term with an automatic 5-year e�ension. SUGGESTED Suggested Disposition: Receive and File;Approve DISPOSITION: ATTACHMENTS: Description Type Prescott Neighborhood Resource Center 28E City Manager Memo Agreement-MVM Memo Staff inemo Staff Memo 28E Agreement Prescott Neighborhood Resource Supporting Documentation Center Agreement Renewal Dubuque THE CITY OF � ui-Aseria cih DuB E , . � . , � II � Maste iece on tj2e Mississi i zoo�•zoiz•zois YP pp zoi�*zoi9 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Approval Request of 28E Agreement Renewal with Dubuque Community School District for Use of Prescott Neighborhood Resource Center DATE: October 28, 2020 Leisure Services Manager Marie Ware recommends City Council approval of the 28E Agreement between the Dubuque Community School District and the City of Dubuque for the usage of the Neighborhood Resource Center located within Prescott Elementary School for another 10-year term with an automatic 5-year extension. The revised agreement was approved by the Dubuque Community School District Board and the Park and Recreation Commission. I concur with the recommendation and respectfully request Mayor and City Council approval. v � Mic ael C. Van Milligen MCVM:jh Attachment cc: Crenna Brumwell, City Attorney Cori Burbach, Assistant City Manager Marie L. Ware, Leisure Services Manager Dubuque THE CITY OF � 111•America Cil� Du B E �,x�,��..� ; � � ► � � Maste iece on the Mississi i zoo�=zo�z.zo�3 �p pp Zoi��zoi9 TO: Michael C. Van Milligen, City Manager FROM: Marie L. Ware, Leisure Services Manager SUBJECT: Approval Request of 28E Agreement Renewal with Dubuque Community School District for Use of Prescott Neighborhood Resource Center DATE: October 27, 2020 INTRODUCTION The purpose of this memorandum is to request Council approval of the 28E Agreement between the Dubuque Community School District and the City of Dubuque for the usage of the Neighborhood Resource Center located within Prescott Elementary School for another 10-year term with and automatic 5-year extension. BACKGROUND During the construction of the Prescott Elementary School 15 years ago, the City and School District entered into a shared usage agreement for utilizing a specific space within the school for City activities. This space was then called the Neighborhood Resource Center (NRC) and the agreement provided the City with priority scheduling after school time. Over the last 15 years, it has been filled on a daily basis with District activities during the school day followed by City programs and events as well as a meeting/event space for local organizations. These City programs have included our free After School, ISU Extension and summer playground programs. Most recently, the flexibility of this space and the City control of usage has allowed the Multicultural Family Center to relocate its teen programing during the facility remodel. Other organizations such as the NAACP, Black Men's Coalition and Neighborhood Associations have utilized the NRC annually for their meetings and events. Located in such an accessible area along with the available hours of usage, the NRC has proven to be a valuable place and space for the City and Community. DISCUSSION This 28E shared usage agreement comes to an end in November 2020. Staff from the Leisure Department, City Attorney's Office and the School District have reviewed the current agreement and come to a consensus on its revision. This agreement would again be for a 10-year term with an automatic 5-year extension. Changes within the 1 original document remove sections and/or language related to the construction of the facility. As the construction was completed several years ago, this language is no longer pertinent to the usage of the facility. The only other significant change to the revised agreement is the School District's request to increase the minimum labor and utility payments in section 5.3 "Operation and Maintenance." These increases include: • Natural Gas: $1,200 increased to $1,600 • Electricity: $2,000 increased to $2,650 • Labor/Custodial: $2,800 increased to $4,250 Since the original agreement was made 15 years ago it is understandable for these costs increased over time. Staff has reviewed the last 3 fiscal year payments to the School District and they do align with these requested revisions. The Recreation Division has funds budged for this increase. On Monday, October 12, 2020 the revised agreement was approved and signed by the Dubuque Community School District Board. Staff presented the revisions to the Park and Recreation Commission on Tuesday, October 13, 2020. The Commission voted unanimously to recommend City Council approval of the revised agreement. RECOMMENDATION I respectfully request City Council approval of the 28E Agreement between the Dubuque Community School District and the City of Dubuque for the usage of the Neighborhood Resource Center located within Prescott Elementary School for another 10-year term with and automatic 5-year extension. Prepared By: Recreation Division Manager Dan Kroger Cc: Maureen Quann, Assistant City Attorney 2 Iowa Secretary of State 321 East 12th Street Des Moines, IA 50319 sos.iowa.gov ----· Full Legal Name Party i City of Dubuque 28E Agreement , -·,-~ ,,, Organization Type City Party 2 Dubuque Community School district School District Participants 500 -COMMUNITY AND NEIGHBORHOOD SERVICES Service Type County Dubuque Dubuque FILED Filing Date: 11/16/2020 11 :44 AM Filing Number: M513235 The School District previously constructed Prescott School in downtown Dubuque on said property and the City desires to maintain a Neighborhood _Resource Center as part_of the elementary schooL_ ............. . Purpose 11/16/2030 Duration 28E-Agreement~DBQ-School~District-and-City-Neighborhood-Reso~rce-Center.pdf_ ...... .... .•.• ....... ............... ....... ......... ........ ... . .•. Upload Scanned Agreement Trish Contact First Name Gleason Contact Last Name Assist,~~! City Clerk Job Title .cit1 Clerk's Office ... Department tgleason@cityofdubuque:or~ .... Emal! Address 1 5635894120 Phone 28E AGREEMENT between The Dubuque Community School District and The City of Dubuque, lowa This Agreement dated this 12�h day of October, 2020, for reference purposes, by and between the Dubuque Community School District (herein the "School District") and the City of Dubuque, lowa (herein the "City"). RECITALS The School District owns property in the City of Dubuque, lowa, legally described-on Exhibit A attached (the "Property"). The School District previously constructed a new Elementary School in downtown Dubuque on the Property and the City desires to maintain a Neighborhood Resource Center as part of the elementary school. The City and the School District enter into this Agreement pursuant to the provisions of Chapter 28E, Code of lowa. THEREFORE, in consideration of the mutual agreements and covenants contained herein, the City and the School District agree as follows: 1. DEFINITIONS. "Center" means the Neighborhood Resource Center consisting of an area of 1 ,700 square feet as part of the School Building. "City" means the City of Dubuque. "City Manager" includes the City Manager of the City of Dubuque and the City Manager's designee. "Elementary School" means the School Building on the Property and the Property itself. "Exhibit A" contains the legal description of the Property. "Exhibit B" is a drawing showing the location of the Center in relation to the School Building. "School Building" means the Elementary School of approximately 60,000 square feet currently on the Property. "School District" means the Dubuque Community School District. 1 "SuperintendenY' includes the Superintendent of Schools of the Dubuque Community School District and the SuperintendenYs designee. 2. DURATION OF AGREEMENT. This Agreement shall commence on the date immediately following both its filing with the Secretary of State and recording with the Dubuque County Recorder and shall continue for an initial period of ten (10) years thereafter. This Agreement shall automatically renew for one extension of five years unless either party gives written notice to the other of intent to terminate the Agreement at the expiration of the initial term. The initial ten-year period and the five-year extension shall collectively be referred to herein as the "Term". Any notice of intent to terminate shall be provided to the other party not fewer than 365 days prior to the expiration of the initial ten-year term. 3. ORGANIZATION. No separate entity will be created to carry out the intent and purpose of this Agreernent. Subject to the terms and conditions of this Agreement, the City is responsible for the administration of the Center and the enforcement of rules and regulations relating to the operation thereof. Except for the Center, the School District is responsible for the administration, ongoing management, and operation of the Elementary School and School Building. 4. PURPOSE OF AGREEMENT. The purpose of this Agreement is to permit the City and the School District to efficiently use of their respective powers to provide the services and facilities referred to herein. The Elementary School consists of the School Building with adjoining parking facilities and play area, and the Center. The Center includes a meeting room, community room, and rest room, as shown on Exhibit B. 5. MANAGEMENT, OPERATION, AND USE OF THE SCHOOL BUILDING, GROUNDS AND CENTER. 5.1 Premises and Term. Upon the terms and conditions of this Agreement, and in consideration of the City's contribution of $250,000 toward the construction of the Center, it is agreed as follows: 5.2 Zones of Use. A) The Center. The parties agree that the City's right to occupy and use the Center is exclusive, it being the intent of the parties that the Center is to be shared and jointly used by the public and by the public school students pursuant to a "Use Schedule" developed by the City Manager. The School District's use of the Center shall be scheduled through the City Manager, with the School District receiving priority in scheduling after City and City- affiliated groups and with no charge for its usage. The City shall provide 2 the principal of the school a copy of the next month's schedule. As changes occur in such schedule during the month, the City Manager shall provide an update via e-mail or fax to the Superintendent. B) The School Cafeteria and Gymnasium. The City may use the school cafeteria and gymnasium according to a schedule approved by the Superintendent. The City shall receive priority scheduling after school and school-affiliated groups, with no additional charge for such usage, except that the City will be charged for any costs for clean-up that requires school staff to work beyond their normal hours. The City shall be allowed to open and close the School Building cafeteria, gymnasium, or other areas of use permitted by the School District on weekends so that no School District employee will be required to be present at the School Building. A City employee, approved by the Superintendent, shall be provided, at the City's expense, and such person must be present at all times when the School Building or other areas of the school site are being used by the City or under the auspices of the City. The City shall be responsible for any damage to the School DistricYs Building or equipment during use by the City which is caused by the City's negligence. The School DistricYs equipment (such as kitchen equipment) shall be operated only by persons approved in advance by the Superintendent. The City may use or authorize the use of equipment in the School Building approved in advance by the Superintendent. The City shall make a reasonable effort to prohibit any persons from roaming the hallways or entering any offices in the School Building when it is supervising use of the School Building. Any damage to persons or property or the death of any person while the School Buildings or grounds are being used by the City caused by the City's negligence shall be the responsibility of the City. C) Other Areas of the School. The City's use of any other areas of the School Building or Property shall be approved in advance by the Superintendent. The City shall receive priority scheduling after school and school-affiliated groups, subject to the terms and conditions of this Agreement. Use of such areas of the School Building or Property will require supervision by School District employees except as provided in par. B above. Any costs incurred by the School District for such service will be paid by the City. D) The City shall not have any right to use the cafeteria, gymnasium and other parts of the School Building (except the Center) or the Property at any time while the Elementary School is in session. E) Notwithstanding any other provision of this Agreement, no usage by the City of the Center or any other part of the School Building or the Property shall at any time in any manner interfere with the operation of the 3 Elementary School or the students attending the Elementary School. The decision of whether there is any interference with respect to the operation of the School or students shall be determined by the Superintendent. The City Manager shall immediately terminate any use of the Center or the School Building or Property which in any manner interferes with the operation of the Elementary School or the students attending the Elementary School. Written notice of such interference shall be provided to the City Manager by the Superintendent. 5.3 Operation and Maintenance. The City shall be responsible for operation of the Center, including general supervision of the Center. The operation of the Center shall be under the general administration of the City Manager. The School District shall have sole responsibility to provide usual custodial and maintenance services for the Center, and for paying all charges for utilities, including gas, water, electricity, and sewer. For the first year of the Term, the City shall reimburse the School District $1,600 for natural gas, $2,650 for electricity and $4,250 for custodial services and supplies. Utility rates will be adjusted after the first full year of the Term annually on June 30 of each year, based on the increase or decrease in the average consumer price index for all urban consumers (CPIU) measured for the twelve months ending December 31 of the previous year, as published by the U.S. Bureau of Labor Statistics. Custodial service rates shall be adjusted according to the annual percentage of increase in School District custodial staff total salary and benefit package. The City shall pay all long-distance telephone charges for the telephone in the Center and maintain its own telephone system in the Center. The School District shall perform or contract to perform any repair or modifications to the Center. The City shall pay for the actual cost of labor and materials for any repair to the Center and for any modifications which the City requests and to which the School District agrees. The School District shall pay for any modifications to the Center which it requests and to which the City agrees. 5.4 School Policies. The City acknowledges that the School District has certain policies governing the use of its facilities, including policies relating to health and welfare, which are designed for the benefit of the School District and all facility users. The City agrees that during the time it is operating and/or using the Center, such policies shall continue to apply. The Superintendent shall provide copies of all applicable policies to the City Manager prior to the commencement of this Agreement and shall also provide any new or modified policies to the City Manager from time to time during the term of this Agreement. The parties agree that no tobacco products, alcoholic beverages, drugs prohibited by law, or weapons (as defined in School District Policies) shall be allowed at the Center or in the School Building or on the School Property at any time. Any person or group in violation of the provisions of the preceding sentence shall thereafter be prohibited from using the Center or the School Building or the School Property. 4 The City, while utilizing the School District Building or Property under this Agreement, shall make a reasonable effort to prohibit use of the Center or School Building or Property by (i) any person known by the City to be a registered sex offender under any federal or state law (ii) any person known by the City to have committed any act prohibited by Chapter 692A, Code of lowa and (iii) any person known by the City to have been convicted of any other offense detrimental to children or who engaged in any act detrimental to children. 5.5 Building Security. In its use of the Center or of any other area of the school, the City shall abide by all security procedures established by the School District and published in a security manual provided to the City Manager and updated as necessary by the Superintendent. The Center shall be included in the alarm system for the total facility; the City shall be charged for any police alarm calls to the Center or School resulting from the City's use, unless that call is the result of the alarm system's malfunction. 6. ASSIGNMENT AND SUBLEASE PROHIBITED. This Agreement shall not be assigned by the City nor shall any part of the Center be sublet by the City. 7. DECLARATION OF DEFAULT AND NOTICE. In the event either party determines the other has defaulted in the performance of a material obligation hereunder, the aggrieved party may declare that default has occurred and give notice thereof to the defaulting party. Notice of default shall be given in writing, shall specify the nature of the default and the provision of this Agreement in default, and shall further specify what action is required of the defaulting party to remedy the default. The defaulting party shall have thirty (30) days from the date of its receipt of the notice of default to remedy the default. If the default has not been remedied, by the end of such thirty (30) day period, the aggrieved party may pursue its remedies as provided herein. Notwithstanding the foregoing, if the default is of such a nature that it is unable to be remedied within said thirty (30) day period, the defaulting party shall not be in breach of this Agreement so long as the defaulting party is making good faith efforts to remedy the default during said thirty (30) day period and remedies the default as soon thereafter as is reasonably possible. 8. REMEDIES UPON DEFAULT. Either party may, at its option, after declaring default and giving notice thereof as provided in paragraph 7 above, seek termination or specific performance of this Agreement. To obtain termination or specific performance of this Agreement, the party seeking such relief shall, after expiration of the thirty (30) day period following receipt of notice of default referred to in Par. 7, shall commence a proceeding fortermination orspecific performance in the lowa District for Dubuque County. The petitioning party may seek termination and specific performance as alternative forms of relief and nothing in this Agreement shall be construed to require the petitioning party to elect its remedy at the time suit is filed. 9. EFFECT OF TERMINATION. In the event of termination of this Agreement for any reason, the City shall have a reasonable time, not to exceed sixty (60) days, to remove 5 its equipment located in the Center. Any of the City's equipment remaining in the Center more than sixty (60) days following termination of this Agreement will, at the discretion of the School District, be considered forfeited by the City and may be disposed of as determined in the sole discretion of the School District. 10. MODIFICATION OF THIS AGREEMENT. Certain management and organizational issues addressed in this agreement may need to be revised based upon either the School DistricYs or the City's experience during the initial year of operation or in subsequent years during the term of this agreement. Therefore, the Superintendent and City Manager will review the terms of this agreement at the end of each year to determine if any modifications should be made. No waiver, change, modification or amendment of this Agreernent shall be binding upon either party unless such changes are proposed in writing and are approved by both parties in the same manner as this Agreement. 11. INDEMNITY AND HOLD HARMLESS. 11.1 School District Obligation. The School District hereby agrees to indemnify, defend and hold harmless the City, its officers, agents, and employees, or any other persons acting on its behalf, against any and all claims, suits, actions, debts, damages, costs, charges, and expenses, including court costs and attorney's fees, and against all liability for property damage and personal injury, including death resulting directly or indirectly therefrom, arising from any act of negligence of the School District or its agents or employees in the performance or nonperformance of this Agreement. 11.2 City Obligation. The City agrees to indemnify, defend, and hold harmless the School District, its officers, agents, and employees, against any and all claims, suits, actions, debts, damages, costs, charges, and expenses, including court costs and attorney's fees, and against all liability for the property damage and personal injury, including death resulting directly or indirectly therefrom, arising from any act of negligence of the City, its agents, employees, or any other persons acting on its behalf in the performance or nonperformance of this Agreement. 12. NOTICES. Whenever this Agreement requires or permits any notice or written request by one party to another, it shall be deemed to have been properly given if and when delivered in person or three (3) business days after having been deposited in any U.S. Postal Service and sent by registered or certified mail, postage prepaid, addressed as follows: (1 ) If to the City: � City Manager City Hall 50 West 13th Street Dubuque, IA 52001 6 (2) If to the School District: Superintendent of Schools Dubuque Community School District 2300 Chaney Road Dubuque, IA 52001 13. APPROVAL. 13.1 By the City Council. This Agreement was approved by the City Council of the City of I Dubuque on the day of November 2020, 13.2 By the School District. This Agreement was approved by the Board of Directors of the Dubuque Community School District on the 12 ffi day of October, 2020. Dubuque Community School District 1 1111111111 ,�1111 114 TarnTra-RPresident i Board of Directors By: JonS. Vucas, Secretary BoarofDirectors 7 City of Dubuq e, Iowa By: .2, 0. Roy D. BuOrmayor Adrienne N. Breitfelder/ City Clerk _ __ __ ___ e�� . � __ _e. _ __ .__ _ � Exhibit A to 28E Agreement between The Dubuque Community School District and The City of Dubuque, lowa Legal descriptions of Dubuque Community School District properties which are the site of an elementary school which includes a Neighborhood Resource Center within its perimeter. . North 2/5 of City Lot 446 in the City of Dubuque, Dubuque County, lowa . North 1/5 of City Lot 479 and north '/� - NM 1/5 - of City Lot 479 in the City of Dubuque, Dubuque County, lowa • Lot A of City Lot 446 in the City of Dubuque, Dubuque County, lowa • Southerly 26 1/5 feet of the Middle One-fifth of Out Lot 446 in the City of Dubuque, lowa, according to the United States Commissioners' Map of the Survey of the Town of Dubuque, lowa and the Northerly 25 feet of the Middle 1/5 of City Lot 446 in the City of Dubuque, lowa according to the United States Commissioners' Map of the City of Dubuque, �owa . North 36 feet of the South Middle 1/5 of Out Lot 446 and the Southerly 66 feet and 6 inches of the Northerly Three-fifths of Out Lot 447 in the City of Dubuque, lowa, according to the United States Commissioners' Map of the Town of Dubuque, lowa . North 34 feet of the South 66 feet 8 inches of Out Lot 446 in the City of Dubuque, lowa, according to the United States Commissioners' Map of the Town of Dubuque, lowa . South 32 feet 8 inches of Out Lot 446 in the City of Dubuque, lowa, according to the United States Commissioners' Map of the Town of Dubuque, lowa • South half of the north middle one-fifth of Out Lot 479 and the north half of the middle one-fifth of Out Lot 479 in the City of Dubuque, lowa, according to the United States Commissioners' Map of the Survey of the Town of Dubuque, lowa • South one-half of the Middle one-fifth of Out Lot 479 in the City of Dubuque, lowa, according to the United States Commissioners' Map thereof • North one-half of the South one-fifth of Out Lot 479 and the South Middle one-fifth of Out Lot 479 in the City of Dubuque, lowa, according to the United States Commissioners' Map thereof ! • South Y2 of the South 1/5 of Out Lot 479 in the City of Dubuque, lowa, according to the United States Commissioners' Map thereof 9 M �.��_». _.._ �_�_�__,_ £_ �= n Y � ,,, — ��- � �; - �� --� ,,r'` �l— 3 �� c� � �,'i � �R L — � � _ _._ .-- _ _'— I' � (` a �> «--- ,J �-� 1�� _ ' 1. ` \ � fr i � ��, � � / rr �i ! � �� \ � ��l�. �E� :i I � 1� �� I• � ;�. � -� � ry - - - � ----- � : t� � 4 - h �{' �h 6I l�p� Q?I �� F I � ' I I.� �� c [�{ -_ - _ _ �_ _ �.�", I +- � -I __ � � II I l�ll_�-.l�wl��:- a �l.-'. �ir P e rl� hr I 1 . 1 �� J � ��=i JI I — �t t � t •I� ��'T � Y e �1!?'. 1tY�' 'r1 'F�— � ��6 q = 1 ( — . ' � � I � �i 1313� f�s � ;.� �q �. [iil t :��1�,� — __ (¢ � s'� ---�� , g � I� i� . � i � � � i � �@ � 0 �E� I i � ��I� I � -,..�_ Y� �'I� � R'r , , a , a� � �. ; I� E I I:.- �i��t�l �� 4 b�t-\ a I I I� 9 F II I-� JI�� , I` �) � �{� JJ � ..{.k I: `� I!. �� I.. '__ �� ___— � �i L1 A 9� y �\ ,9s � � 1 � �p �5� ' I 8� � '�— i �� ➢ i0 � �°�I �i� �E i I �. �. � �F I - •- �`I � � 11` � .� � � � _ — _— i C�r { ,�_�J __ - o O 'i-, - � � � I1?f� �i � `i —�� IIi LI � � �� ,�� ' :-, �, , �. �� u.�� W � ��u o M � � 8 � � 6 N C7 a �? 3 �g� E � i�. 1 ( � � r i L � � ��9 F 3 O � �� $ . r ' 'S� f�� I II F L ._, � j � ��C�ni�O @$�� a 3 f