28E Agreement for Indemnity with the Duduque Community SchoolsC11Y OF
DUB: E MEMORANDUM
January 30, 2003
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: 28E Indemnification Agreement Between the City and the School District
Corporation Counsel Barry Lindahl is recommending approval of a 28E Indemnification
Agreement between the City and the School District.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Michael C. Van Milligen
MCVMTjh
Attachment
cc: Barry Lindahl, Corporation Counsel
Cindy Steinhauser, Assistant City Manager
Barry A. Lindahl, Esq.
Corporation Counsel
Suite 330, Harbor View Place
300 Main Street
Dubuque, Iowa 52001-6944
(563) 583-4113 office
(564) 583-1040 fax
balesq@mwd.net
Mr. Michael C. Van Milligen, City Manager
City Hall — City Manager's Office
50 West 13th Street
Dubuque, IA 52001
January 16, 2003
THE (.11Y OF
DUB E
RE: 28E Indemnification Agreement Between the City and the School District
Dear Mike:
From time to time the City uses. School District facilities for various activities and vice
versa. In each instance, the entity whose facilities are being used requires an indemnity
agreement from the other. Often, there is not enough time to prepare and submit an
indemnification agreement to the governing body for approval prior to the event, for
example, high school parades.
Allan Carew, who represents the School District, and I have prepared an agreement
which provides for indemnification where the City or the County uses the other's
facilities. This agreement would continue in effect until terminated by either party.
I would recommend that the agreement be submitted to the City Council for
consideration and approval.
Very sin
arry A. Lindahl, Esq.
Corporation Counsel
BAL:tls
Enclosure
cc: Jeanne Schneider, City Clerk
(w/ original agreements)
Service People Integrity Responsibility Innovation Teamwork
Ron Holm, CPA
Executive Director of
Finance and Business Services
Phone: 563/588-5110
Leaming.Leading.Living Fax: 563/588-8377
2300 Chaney Road rholm@dubuque.k12.ia.us
Dubuque, Iowa 52001-3095
January 15, 2003
Barry A. Lindahl, Esquire
Corporation Counsel
Suite 330, Harbor View Place
300 Main Street
Dubuque, Iowa 52001-6944
Dear Barry:
The 28E Indemnification Agreement between the City of Dubuque, Iowa and
the Dubuque Community School District was approved by the School Board at its
January 13, 2003, meeting. School District officials have appropriately signed and
acknowledged the Agreement and are now presenting it to you for City Council
approval. I have enclosed both documents for City signatures. Please return one to
me after execution and acknowledgement.
Please call if you have questions.
Sincerely,
Ronald H. Holm
Executive Director of
Finance and Business Services
RH/js
Enclosure
Allan J. Carew,
FUERSTE, CAREW, COYLE, JUERGENS & SUDMEIER
200 Security Building, 151 West 8th Street, Dubuque, Iowa 52001
(319) 556-4011
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4071-03
2003 FEB 18 PM I : 25
FLMN 1 iU LO'ty
COUNTY RECORDER /
DUBUQUE CO.. t0WA FEES
SPACE ABOVE THIS LINE
FOR RECORDER
28E AGREEMENT BETWEEN THE
CITY OF DUBUQUE, IOWA
AND THE
DUBUQUE COMMUNITY SCHOOL DISTRICT
This is an Agreement entered into between the City of Dubuque, Iowa (City) and the Dubuque Community
School District (School District) pursuant to Chapter 28E, Code of Iowa.
The City and the School District agree as follows:
1. Purpose. The City uses facilities of the School District for various activities sponsored by the City.
The School District uses facilities of the City for various activities sponsored by the School District. The City and
the School District wish to indemnify each other in the manner set forth herein with respect to the use of School
District facilities for activities sponsored by the City and the use of City facilities for activities sponsored by the
School District.
2. Indemnification.
(a) City Indemnification of the School District. The City agrees to indemnify and hold harmless
the School District, its agents, officers and employees from and against all claims for injury
or damage to persons or property arising out of or caused by the use of School District
property for activities sponsored by the City. The City further agrees, upon receipt of notice
from the School District, to defend at its own expense the School District from any action or
proceeding against the School District arising out of or caused by the use of School District
property for activities sponsored by the City.
This provision shall not relieve the School District from liability or responsibility for its own
negligence.
(b) School District Indemnification of the City. The School District agrees to indemnify and
hold harmless the City, its agents, officers and employees from and against all claims for
injury or damage to persons or property arising out of or caused by the use of City property
for activities sponsored by the School District. The School District further agrees, upon
receipt of notice from the City to defend at its own expense the City from any action or
proceeding against the City arising out of or caused by the use of City property for activities
sponsored by the School District.
This provision shall not relieve the City from liability or responsibility for its own
negligence.
3. Continuing Indemnity. The provisions of this Agreement are intended to and the parties do hereby
agree that the City and the School District will no longer be required to seek a separate Indemnity Agreement from
each other each time either party uses or seeks permission to use property of the other.
4. Duration. This Agreement shall remain in full force and effect until termination by either party in
the manner set forth herein.
Either party may terminate this Agreement by giving the other ninety (90) days written notice in the manner
set forth herein.
There will be no property to dispose of upon termination of this Agreement.
5. Notice. Any notice required under this Agreement may be given by certified mail, return receipt
requested, registered mail or personal service in the manner required by the Iowa Rules of Civil Procedure.
The notice shall be directed as follows:
TO: City of Dubuque, Iowa
City Hall
50 West l3th Street
Dubuque, Iowa
Attn: City Manager
TO: Dubuque Community School District
2300 Chaney Road
Dubuque, IA 52001
Attn: Superintendent
6. No Separate Entity. There is no separate legal or administrative entity created by this Agreement.
7. Financing. No financing is required with respect to this Agreement.
8. Administration. The City Manager of the City and the Superintendent of the School District shall
be responsible for the administration of this Agreement.
Nothing herein shall relieve the other party from seeking permission or a permit from the other with respect
to the use of the property of the other.
9. No Presumption. This Agreement was drafted through the mutual effort of the parties and no
presumption shall exist against either party in the event of a dispute concerning the interpretation of this
Agreement.
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10. Approval. This Agreement must be approved by the City Council of the City and the Board of
Directors of,gie School District and upon approval shall be filed with the Iowa Secretary of State and the Dubuque
County Recorder:
IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year set forth below.
City of Dubuque, Iowa Dubuque Comm ur ty School District
By. { By:
Terrance ; M. Duggan,
Attest:
_e°--e,"/- ,i_.,Z.,-___-.,( )
anne F. Schneider, Clerk of the City of Dubuque
Attest:
S. Lucas to the
Steven Y.,I`iodge,
Board Secretary of Directors
STATE OF IOWA, DUBUQUE COUNTY, ss:
February
On this 3rd day of Jaattaxy, 2003, before me, the undersigned, a Notary Public in and for the State of
Iowa, personally appeared Ter ,Lnce M. Duggan and Jeanne F. Schneider to me personally known, and who, being
by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Dubuque, Iowa; that
the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was
signed and sealed on behalf of the corporation, by authority of its City Council, .
adopted by the City Council on the 3rd day of February , 2003, and that Terrence M.
Duggan and Jeanne F. Schneider acknowledged the execution of the instrument to be their voluntary act and deed
and the voluntary act and deed of the corporation, by it voluntarily executed.
4„soA 1 KAREN M. CHESTERMANMY CODMMISS,ION EXPIRES
_ COMMISSION NO. 108258 i I (tt,,t CA
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otary Public in and for said State
STATE OF IOWA, DUBUQUE COUNTY, ss:
On this , f day of January, 2003 before me, Ronald H. Holm, a Notary Public in and for the State of
Iowa personally appeared Steven J. Hodge and Joni S. Lucas, to me personally known, and who, by me duly sworn,
did say that they are the President and Secretary respectively of the Board of Directors of the Dubuque Community
School District; that the seal affixed to the foregoing instrument is the corporate seal of said Dubuque Community
School District; that said instrument was signed and sealed on behalf of the said Dubuque Community School
District, by authority of its Board of Directors as contained in a Resolution adopted by the Board of Directors on
the /3 day of hum , 2003 and that Steven J. Hodge and Joni S. Lucas acknowledged the
execution of said instrument to their voluntary act and deed and the voluntary act and deed of the Dubuque
Community School District, by it voluntarily executed.
RONALD H. HOLM
Commission Number 719659
My Comm. Exp. 11/21/05
Notary Public in the State of Iowa
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