Dubuque Community School District Agreement_Bridge Complex~~
• THE CITY OF
DUB E
Masterpiece on the Mississippi
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Agreement with the Dubuque Community School District
DATE: August 10, 2009
Dubuque
A~-Am~lca Ci~-
2007
Leisure Services Manager Gil Spence recommends City Council approval of an
Agreement with the Dubuque Community School District allowing the Dubuque Building
Trades On-site Program to renovate the Bridge Complex in Eagle Point Park
concur with the recommendation and respectfully request Mayor and City Council
approval.
~-----
Micha I C. Van Milligen
MCVM:jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Gil D. Spence, Leisure Services Manager
THE CITY OF ~,,, Dubuque
DUB E
Masterpiece on the Mississippi
2007
TO: Michael C. Van Milligen, City Manager
FROM: Gil D. Spence, Leisure Services Manag
SUBJECT: Agreement with the Dubuque Community School District
DATE: August 10, 2009
INTRODUCTION
The purpose of this memorandum is to request City Council approve the agreement
with the Dubuque Community School District allowing the Dubuque Building Trades On-
site Program (DBTOP) to renovate the Bridge Complex.
DISCUSSION
The City has $100,000 budgeted in the FY 2010 C.I.P. budget to renovate the Bridge
Complex in Eagle Point Park and would like to partner with the School District's DBTOP
program to have their students do the work. Private concrete and electrical contractors
will be hired to do work the students are not able to do. Students will assist the private
contactors and do all the carpentry type work.
Architect Steve Ulstad has been hired to develop the renovation plans and will assist
with oversight of the work. Several meetings have been held with School District staff
and everyone is comfortable that the students can do the work and be provided a great
experience and learning opportunity.
All costs will be paid by the City; School District labor will be at no cost.
ACTION STEP
The action requested is that the City Council approve the attached agreement with the
Dubuque Community School District.
GDS:et
AGREEMENT
BETWEEN
THE DUBUQUE COMMUNITY SCHOOL DISTRICT
AND
THE CITY OF DUBUQUE, IOWA
This Agreement dated the day of August, 2009, for reference purposes, is
made and entered into by and between the Dubuque Community School District
("School District") and the City of Dubuque, Iowa ("City').
WHEREAS, City owns a pavilion in Eagle Point Park called the Bridge
Complex; and
WHEREAS, School District has a class called Dubuque Building Trades
On-Site Program (DBTOP) that teaches students construction skills by working
on building projects; and
WHEREAS, City wishes to renovate the Bridge Complex (the Project) and
the School District wishes to use that project as a teaching classroom for its
students.
NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL
AGREEMENTS AND COVENANTS CONTAINED HEREIN, THE CITY AND THE
SCHOOL DISTRICT AGREE AS FOLLOWS:
SECTION 1. TERM. This Agreement shall be for the 2009-2010 school year,
August 25, 2009 through May 14, 2010.
SECTION 2. CONSTRUCTION OF THE PROJECT. City hereby retains
School District and School District agrees to provide all labor, supervision of
students, and tools necessary to complete the Project. School District's
Superintendent of Schools or designee shall be responsible for leading and
supervising the construction of the Project and supervising the student workers.
SECTION 3. FINANCING THE PROJECT. City's City Manager or designee
shall be responsible for construction plan development and administering the
construction Project. City shall provide all funding necessary to complete the
Project. Those costs include, but are not limited to, design fees, material costs,
utilities, electrical contractor, plumbing contractor, painting contractor and
supplies.
SECTION 4. ACCESS TO THE PROJECT SITE. City shall provide access to
the Project site, and shall provide snow removal to the Project site and space to
store School District's tool trailer.
SECTION 5. TERMINATION. Either party may terminate this Agreement upon
days written notice to the other party. In the event of termination of this
Agreement for any reason, School District shall promptly remove all of its
equipment located on the Project site and shall restore the Project site to its
condition prior to the commencement of this Agreement.
SECTION 6. MODIFICATION OF THIS AGREEMENT. No waiver, change,
modification or amendment of this Agreement shall be binding upon either party
unless in writing and signed by the affected party.
SECTION 7. INDEMNITY AND HOLD HARMLESS.
7.1. School District. School District hereby agrees to indemnify, defend and
hold harmless City, 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 property damage and
personal injury, including death resulting directly or indirectly therefrom, arising
from any act of negligence of School District or its agents or employees, or any
other persons acting on its behalf in supervising the students pursuant to the
terms specified in this Agreement.
7.2. City Obligation. City agrees to indemnify, defend, and hold harmless the
School District, its officer, agents, and employees, against any and all claims,
suits, actions, debts, damages, costs, charges, and expenses, including court
costs and attorney's fee, 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, or those of its agents, employees, or any
other persons acting on its behalf.
SECTION 8. NO EMPLOYEE-EMPLOYEE RELATIONSHIP CREATED.
Nothing herein shall be construed to create an employee-employer relationship
between City and School District or any of its officers, agents, employees, or
students.
SECTION 9. APPROVAL.
9.1. By the City Council. This Agreement was approved by the City Council of
the City of Dubuque on the day of , 2009.
9.2. By the School District. This Agreement was approved by the Board of
Directors of the Dubuque Community School District on the day of
2009.
DUBUQUE COMMUNITY SCHOOL
DISTRICT
By
President
By
Secretary
CITY OF DUBUQUE, IOWA
By ~ -~
R D. Buol, Mayor
r
B /
City Clerk
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