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English Language Learning DCSD 28ETHE CITY OF DUB E Masterpiece on the Mississippi TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: English Language Learning Program Agreement with Dubuque Community School District DATE: July 21, 2008 Dubuque ~.~~ ~ ~ 2007 Housing and Community Development Department Director David Harris and City Attorney Barry Lindahl recommend approval of the 28E Agreement with the Dubuque Community School District for District use of the Multicultural Family Center. concur with the recommendation and respectfully request Mayor and City Council approval. ~2~ C~ ~-~ ~, - Michael C. Van Milligen MCVM/Iw Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager David Harris, Housing and Community Development Department Director THE CITY OF DUB E Masterpiece on the Mississippi BARRY LINDA CITY ATTORN To: DATE: RE: MEMORANDUM Michael C. Van Milligen City Manager July 28, 2008 English Language Learner Instructional Services (ELL) The Letter of Understanding between the City of Dubuque and Dubuque Community School District for the English Language Learner Instructional Services Program called fora 28E Agreement to outline the nature of the program and the responsibilities of the parties. Enclosed is the 28E Agreement which has been approved by the Dubuque Community School District. I recommend- that the 28E Agreement be submitted to the City Council for consideration and approval. BAL:tIs Enclosure cc: Allan Carew, Esq. OFFICE OF THE CITY ATTORNEY DUBUQUE, IOWA SUITE 330, HARBOR VIEW PLACE, 300 MAIN STREET DUBUQUE, IA 52001-6944 TELEPHONE (563) 583-4113 / FAx (563) 583-1040 / EMAIL balesq@cityofdubuque.org THE CITY OF Dubuque -~ DUB E "'~~ ~ r Masterpiece on the Mississippi 2007 TO: Michael Va i igen, City Manager FROM: David ris, Housing and Community Development Department SUBJECT: English Language Learning Program Agreement with Dubuque Community School District DATE: 17 July 08 Introduction The purpose of this memorandum is to request the City Council's authorization for the Mayor to execute the attached 28E Agreement, between the Dubuque Community School District and the City of Dubuque, for District use of the Multicultural Family Center. Discussion As part of negotiations for the City's purchase of the former Kephart Music Store on Central Avenue - to be converted to a new Multicultural Family Center - an agreement has been developed for the School District's use of the facilities. The District will have the right to use the Center as a satellite facility to offer English Language learner (ELL) instructional services. This instruction will be offered for newcomers in "survival English" and to students enrolled in after-school ELL programs, for extra English learning. The Agreement has been written with an initial three year term, with an automatic annual renewal. The City will pay the sum of $123 333 to the District for its use related to the ELL program, in at least two equal annual installments. The District will be responsible for the conduct of the ELL program and will furnish staff for all instructional activities. Action Step The action requested of the City Council is to approve the attached 28E Agreement, authorizing use of the Multicultural Family Center by the Dubuque Community School District for provision of English Language Learner instructional services. att 28E AGREEMENT between The Dubuque Community School District and The City of Dubuque, Iowa For English Language Learner Instructional Services This Agreement dated this 4th day of August, 2008, for reference purposes, is made and entered into by and between the Dubuque Community School District (herein the "District") and the City of Dubuque, Iowa (herein the "City"). RECITALS The City purchased from the District on Real Estate Contract the following described real estate: The Southerly 66 feet and 6 inches of the Northerly Three- fifths of Out Lot 447 in the City of Dubuque, Iowa, according to the United States Commissioners Map of the Town of Dubuque, which property is locally known as 1157 Central Avenue in the City of Dubuque, Iowa herein referred to as the "Property". The real estate contract for the Property was recorded in the office of the Dubuque County Recorder on May 15,2008 as Instrument No. 2008-6838. The City will use the Property as a community multi-cultural center. The District will have the right to use the Center as a satellite facility to offer English Language Learner (ELL) instructional services which will provide for short term English acquisition instruction for newcomers in "survival English" (before heading to neighborhood schools) and potential extended after school opportunities for Students enrolled in the District ELL program in Dubuque School to receive extra English instruction from District ELL staff. The City and the District wish to enter into this Agreement pursuant to the provisions of Chapter 28E, Code of Iowa. THEREFORE, in consideration of the mutual agreements and covenants contained herein, the City and the District agree as follows: 1. DEFINITIONS. "Center" means the community multi-cultural center with a satellite use for the ELL program. "City" means the City of Dubuque and includes the City Manager or designee. "Property" means the property described above. "District" means the Dubuque Community School District and includes the Superintendent of Schools or designee. 2. DURATION OF AGREEMENT. This Agreement shall commence on the date immediately following its filing with the secretary of state and recording with the county recorder and shall continue for an initial period of at least three (3) years after the filing of this Agreement with the Secretary of State. This Agreement shall automatically renew from year to year thereafter until either party terminates the Agreement by giving the other not less than 120 days written notice prior to the expiration of the initial period or any extension thereof. 3. ORGANIZATION. No separate entity will be created to carry out the intent and purpose of this Agreement. The City and the District will arrange for the details for the ELL program at the Center. 4. PURPOSE OF AGREEMENT. The purpose of this Agreement is to permit the City and the District to make efficient use of their respective powers to provide the services and facilities referred to herein. 5. FINANCING. The City will pay the sum of $123,333 to the District for its use related to the ELL program. The payment will be made in at least two (2) equal annual installments. The first payment will be made prior to June 30, 2009. The second and fmal payment will be made on or before June 30, 2010. 6. IMPROVEMENTS. The City in its sole discretion will provide the improvements necessary for the conduct of the Center with space for the conduct of the ELL program. 7. OPERATION OF CENTER AND ELL PROGRAM. The City is responsible for the operation and maintenance of the Center and the Property. The District will be responsible for the conduct of the ELL program and will furnish staff to conduct the ELL program. 8. DISPUTES. Any dispute over the terms and conditions of this Agreement shall be resolved by binding arbitration in the City of Dubuque, Iowa by an independent arbitrator selected by the parties. 9. MODIFICATIONS OF THIS AGREEMENT. No waiver, change, modifications or amendments to this Agreement shall be binding upon either party unless set forth in writing and approved by both parties in the same manner as this Agreement. 10. APPROVAL. (a) By the City Council. This Agreement was approved by the City Council of the City of Dubuque on the 4th day od August, 2008. (b) By the School District. This Agreement was approved by the Board of Directors of the Dubuque Community School District on the 21 day of July, 2008. Dubuque Community School District By: President, Board of Directors By: Secretary, Board of Directors City of Dubuque, Iowa By: Mayor By: City Clerk