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Agreement Between Dbq. City/County for Winter Road Maintenance~~ fr ~ ' f Prepared by: Barry A. Lindahl, City Attorney, 300 Main Street, Dubuque, IA 52001 (563) 583-4113 Return,to: Jeanne F. Schneider, City Clerk, 50 West 13t" Street, Dubuque IA 52001 This Agreement dated for reference purposes the day of , 20_, is made and entered into by and between Dubuque County, Iowa and the City of Dubuque, Iowa pursuant to Iowa Code Chapter 28E. The purpose of this Agreement shall be to define the duties and responsibilities of .Dubuque County and -the City of Dubuque for winter maintenance on roads lying within the jurisdiction of the other public agency, as agreed to herein. SECTI®N 1: MAINTENANCE Y ®U~UQUE C®UN`TY. Dubuque County agrees to perform winter maintenance operations on the following roadways: (1) English Mill Road from Crescent Ridge southwesterly to the city limits; (2) Cottingham Road from Seippel Road to the city limits; (3) North Cascade Road from Cedar Cross Road southwesterly to the city limits; (4) Lake Eleanor Road from Digital Drive southeasterly to the city limits; (5) Derby Grange Road from John F. Kennedy Road west to the city limits. SECI°IN 2. MAINTENANCE 13Y CITY ®F ®UUQUE. The City of Dubuque agrees to perform winter maintenance operations on the following roadways: (1) Old Highway Road from U.S. 20 westerly to Seippel Road; (2) Cousins Road from the Old Highway Road south to U.S. 20; (3) Peru Road from the city limits near Kennedy Court north to Riverside Road; (4) Seippel Road from Cottingham Road north to Chavenelle Road; (5) John F. Kennedy Road from the city limits north to Derby Grange Road; (6) Middle Road from Seippel Road to Jonquil Terrace. SECTION 3. MAINTENANCE DEFINED. Winter maintenance shall be defined as the clearance of snow and ice from the roadway and the placement of sand, salt or other abrasives and deicers as needed upon the roadway. SECTION 4. TERM. This Agreement shall take effect upon approval by both parties and shall continue in effect until terminated as set forth herein. SECTION 5. TERMINATION. This Agreement may be terminated at any time by either party upon thirty (30) days written notice to the other party. SECTION 6. ADMINISTRATION OF AGREEMENT. The County Engineer and the City of Dubuque Public Works Director shall administer this Agreement. The County Engineer consult with the Dubuque County Board of Supervisors and the Dubuque Public Works Director shall consult with the Dubuque City Manager on matters related to this Agreement. No real or personal property shall be acquired by either party during the term of this Agreement. SECTION 7. INDEMNIFICATION. The party responsible under this Agreement for the winter maintenance of a roadway shall defend, indemnify and hold harmless the other party, its officers, agents and employees, from any and all causes of action, suits at law or in equity, losses, damages, claims or demands, and from any and all liability and expense of whatsoever nature, arising out of or in connection with the party's performance or failure to perform its winter maintenance duties on such roadway. DUBUQUE COUNTY, IOWA y: CITY OF DUBUQUE, IOWA Wayne Demmer, Chair, Board of Supervisors Date: , 2009 Attest: Mona Manternach Deputy Auditor