Lead Paint Training Instruc AgrMEMORANDUM
TO:The Honorable Mayor and City Council Members
FROM:Michael C. Van Milligen, City Manager
August 27, 2002
SUBJECT: Lead Paint Training Instruction Agreement with Tucker Enterprises LLC
The Iowa Department of Public Health has designated Dubuque's lead paint hazard
reduction program as the State-wide approved trainer for professionals working in this
field, including: sampling technicians, inspector/risk assessors, lead abatement
contractors and lead abatement workers.
As this training schedule is extensive and time-consuming, we have formed a working
relationship with James Tucker/Tucker Enterprises LLC to assist us in delivery of
training.
Housing and Community Development Director David Harris recommends approval of
an agreement with James Tucker/Tucker Enterprises LLC, for purposes of assisting the
Lead Paint Hazard Reduction Program in our State-wide lead paint training activities.
This agreement stipulates that expenses and fees are paid from revenues derived from
student tuition payments. The City and Tucker receive remuneration according to a split
of actual classroom instruction time.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
___________________
Michael C Van Milligen
MCVM/jh
Attachment
cc: Barry Lindahl, Corporation Counsel
Cindy Steinhauser, Assistant City Manager
David Harris, Housing and Community Development Director
CITY OF DUBUQUE, IOWA
MEMORANDUM
19 August 02
To: Mike Van Milligen, City Manager
From: David Harris, Housing and Community Development Department
Re: Lead paint training instruction agreement with Tucker Enterprises LLC
Introduction
The purpose of this memorandum is to request the City Council's approval of an
agreement with James Tucker/Tucker Enterprises LLC, for purposes of assisting
the Lead Paint Hazard Reduction Program in our State-wide lead paint training
activities.
Discussion
The Iowa Department of Public Health has designated Dubuque's lead paint
hazard reduction program as the State-wide approved trainer for professionals
working in this field, including: sampling technicians, inspector/risk assessors,
lead abatement contractors and lead abatement workers.
As this training schedule is extensive and time-consuming, we have formed a
working relationship with James Tucker/Tucker Enterprises LLC to assist us in
delivery of trainings. Dr Tucker is widely experienced in the field, having been a
Manufacturer's Trainer for NITON Corporation in radiation safety and in operation
of the NITON x-ray fluorescence analyzer. In addition, he has taught classes at
the College of Charleston and the Medical University of South Carolina in a
variety of environmental science applications.
Dr Tucker has been approved by the Iowa Department of Public Health as an
instructor. He has worked with our program personnel in a recent training and
received excellent evaluations.
The attached "Agreement" includes a proposed fee schedule for Tucker's
services. This agreement stipulates that expenses and fees are paid from
revenues derived from student tuition payments; the city and Tucker receive
remuneration according to a split of actual classroom instruction time.
Recommendation
It is recommended that we enter into a contractual relationship with Tucker
Enterprises for purposes of performing trainings under the lead hazard reduction
program. Funds for payment of these services will be provided from student
tuition fees. And the time saved from training activities will allow our staff to
commit more of their workload to the work of our local lead paint hazard
reduction program.
Action Step
The action requested of the City Council is to authorize the City Manager's
execution of the attached "Lead Training Instruction Agreement" between the city
and Tucker Enterprises/LLC.
LEAD TRAINING INSTRUCTION
AGREEMENT
BETWEEN
THE CITY OF DUBUQUE AND TUCKER ENTERPRISES LLC
THIS AGREEMENT ("Agreement") is entered into this 3nd day of September 2002, between the City of Dubuque
("City"), whose address is Housing and Community Development Department, 1805 Central Avenue, Dubuque,
Iowa 52001.
WHEREAS, the City is an Iowa Department of Public Health authorized training provider for lead-related activities
and is seeking an expedanced consultant/conlractor to assist with and teach professional lead certification classes;
WHEREAS, Tucker Enterprises LLC is a company possessing the qualifications necessary to carry our the scope
of services as defined in Exhibit A;
WHEREAS, City desires to draw upon Tucker Enterpfisas LLC experience and expertise by contracting with them
to sen/e as a Lead Training Instructor and;
WHEREAS, Tucker Enterprises LLC is a company willing to provide such services and expertise under certain
terms and conditions.
NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto
agree as follows:
1. Retention: Scope of Services: City hereby agrees, subject to the provisions of this Agreement, to
contract with Tucker Enterprise LLC, as a Lead Training Instructor. Tucker Enterprises LLC hereby
agrees thet they will provide their best efforts and exercise due diligence and the highest skill and
professional ability to provide services to the City under this Agmernant.
2. Time Required to Perform Contractual Duties: So long as this Agreement shall continue in effect,
Tucker Enterprises LLC agrees, to the best of their ability, to devote the time necessary, in their
reasonable judgment, to fulfill and perform the scope of services referenced in Paragraph 1 above.
3. Independent Contractor. The parties to this Agreement understand and agree that, in performing the
scope of services referenced in Paragraph 1 above, Tucker Enterprises LLC is net an employee of the
City, but rather is an independent contractor. City is not providing any benefits, insurance, or other
compensation ether than that outlined in Paragraph 5 below. The contractor is responsible for all social
security taxes, withholding taxes, and unemployment and liability insurance.
4. Term. This Agreement shall begin the 2nd day of September 2002 (the "Effective Date"), and shall
continue through December 31, 2002 (not necessarily consecutive), unless terminated earlier in
accordance with the terms of Paragraph 6 hereof.
5. Compensation. Commencing on the effective date, the City shall pay to Tucker Enterprises LLC, and
Tucker Enterprises LLC shall accept from the City, in full payment for services under this Agreement.
The agreement is as follows: Revenues received fi.em attendees, minus all classroom and instructor
expanses, shall be divided among the Lead Instructors in a proportion equal to the time the individual
instructors actually teaches. All class expenses must be turned into the Lead Paint Assistant within 1
week ( 5 working days) after the class is held. Class and/or instructor expenses including but not
limited to overnight lodging, ddving mileage @ .365 per mile and a dally per diem "City of Dubuque"
rate of $30 per day will be allowed. Also, included with the class expenses will be a statement of class
instruction time taught and payment requested. (Attendee costs are $100 per 8 hours of training per
student, but may be adjusted as required.) Classroom and instructor expenses include but ere not
~leage and dally per diem. ~am, ple: Class Revenues - City Expenses + Tucker Expenses = Net
Class Revenues; Net Class Revenues X Tucker Instruction Time/Totei instruction Time = Net Tucker
Instruction Time.
Termination. This Agreement may be terminated by any party, at anytime, by giving at least 14 dsrys
written no§ce to the other parties.
No Ass qnments This Agreement is personal to each of the parties hereto, and no one of them may
assign or delegate any of the rights or obligations hereunder without first obtaining the written consent
of the other parties thereto.
Notices. All notices or other communication hereunder shall be in writing and shall be deemed given
(1) upon delivery, if delivered personally, (ii) on the date of receipt indicated on the return receipt, if
delivered by prepaid registered or certified mail, (iii) upon confirmation of receipt of transmission, if sent
by cable, telegram, telex or facsimile, or (iv) at the dose of the following business day, if sent by
ovemight couder, addressed as follows:
(a) if to city, to:
Kethaleen Lamb
Housing and Community Development Department
1805 Central Avenue
Dubuque, Iowa 52001
(b) If to Tucker Enterpdsas LLC, to:
Tucker Enterprises LLC
dba ASAP Technical & ASAP Environmental
1011 Kirkwood Boulevard
Davenport, IA 52803
Or such other address as shall be furnished in Writing by either party.
Complete Agreement. This Agreement contains the entire agreement and understanding of the
parties with respect to its subject matter. This Agreement supersedes all prior agreements and
understandings between the parties, both written and oral, with respect to its subject matter.
10. Amendments and Waiver. This Agreement may not be emended, changed, modified or discharged
except by an instrument in writing executed by or on behalf of all of the parties. The parties hereto may
waive compliance with any of the obligations, terms or conditions contained in this Agreement. Any
agreement on the part of a party thereto to any such waiver shall be valid only if set forth in writing
signed by or on behalf of the party against whom the waiver operates, but such waiver or failure to
insist on strict compliance with such obligation, term or condition, shall not operate as a waiver of, or
estoppel with respect to, any subsequent or other failure.
11. Confidentiality. Tucker Enterprises KLLC agrees that they will not make use of, divulge or otherwise
disclose, directly or indirectly, any confidential information received by them in their capacity as Lead
Training Instructor, except to the extent that such use or disclosure is (i) necessary to the performance
of this Agreement, (ii) required by applicable law, or (iii) authorized by City. The provision of this
Paragraph 11 shall survive the expiration or termination for any mason of this Agreement.
12. Counterparts. This Agreement may be execute in one or more counterparts all of which shall be
considered one and the same agreement and each shall be deemed an original.
14. Headings. The Paragraph headings contained in this Agreement are for reference purposes only and
shall not affect in any way the meaning or interpretations of the Agreement.
IN WITNESS VVHEREOF, the City, its pdncipel place of business at Housing and Community Development
Department, Dubuque, Iowa 52001, and Tucker Enterprises LLC have caused this Agreement to be executed as of
the day and year first above written.
TUCKER ENTERPRICES LLC
By_______________________
Attest:
CITY OF DUBUQUE
By:_________________
Michael C. Van Milligen
City Manager
Aug 26-27 Lead Inspector/Risk Assess 8:00AM - 5:00PM
& Sampling Tech Refresher
Aug 26-27 Lead Inspector/Risk Assessor 8:00AM-5:00PM
Refresher Des Moines, IA
Sept7 Safe Work Practices
Sept 16 - 20 & 23 -27 Contractor Training 6:007M- 10:00PM
Sept 30, Oct 1-3 Worker Training 9:00AM-3:00PM
Center for Business & Industry, Martin Luther King Cerrter
Waterloo, IA (This class is not open to the public)
Oct 8 - 9 Worker Refresher 6:00PM- 10:00PM
Oct 21 - 24 & 26 Worker Training 6:00PM - 10:00PM &
8:00AM -5:00PM
Oct 23-24 Sampling Tech & Inspector/Risk 8:00AM - 5:00PM
Assessor Refresher
Hawkeye Tech Community College, Waterloo, IA
Nov 5 - 6 Contractor Refresher 6:00PM - 10:00PM
Nov 12 Sampling Tech/Visual Risk Assessor Refresher 8:00AM - 5:00PM
Dec 7 Safe Work Practices 8:00AM - 5:00PM